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Youth Pastor Can Proselytize In California Mall

By Howard M. Friedman

In Snatchco v. Westfield LLC, (CA Ct. App., Aug. 11, 2010), a California appellate court upheld the right of a youth pastor to approach shopping mall patrons to talk with them about religion. Unlike the federal constitution, free speech protections under California's state constitution extend to activity at privately owned shopping malls. The court held that regulations of Westfield's Galleria mall in Roseville are content-based rules that do not withstand strict scrutiny. They prohibit expressive activity not sponsored by or related to the mall or stores in the mall, unless they have been approved in advance by the mall. The court concluded that: "providing a 'stress-free shopping atmosphere' for patrons is not a compelling interest compared to the free speech rights of other individuals at the mall." It found the mall rules to be vague and overbroad and not narrowly tailored even for purposes of intermediate scrutiny.

Full post as published by Religion Clause on August 13, 2010 (boomark / email).