Well freedom of speech is different, and I believe malls are as well since they were deemed to be public squares. A pharmacy doesn't meet that same criteria I don't think. Nor would that ruling apply to contraceptives.
Freedom of speech isn't really different
. Just because it is #1 doesn't mean its greater than any other Bill of Rights rights. It may fall under 'unconscionable' contracts. If a contract says you can't sell contraceptives, and that is considered a privacy right under the Bill of Rights, it may be seen as violating public policy and something you aren't allowed to contract into.It may also be considered a restriction on alienability (if the provisions says you can't sell it to anyone unless they agree to restrict as well).
When I lived in Pittsburgh in the mid-90s, a group was prohibited from handing out leaflets in a mall. (They were handing out leaflets that detailed Disney's use of child labor in the 3rd world -- in front of a Disney Store.) Their removal was deemed legit because the mall was private property and the mall management ordered the removal. Has something changed since then?
Comment