Question of the Day

Does the constitutional right to free speech require private property owners to allow free speech on their property?



Correct Answer

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As concisely explained by a U.S. District Court: "A private party has the right to prevent free speech on its property, for a good reason, a bad reason, or no reason." This is in keeping with the Supreme Court's 1991 decision in Edmonson v. Leesville Concrete, which states: "With a few exceptions, such as the provisions of the Thirteenth Amendment [banning slavery], constitutional guarantees of individual liberty and equal protection do not apply to the actions of private entities. ... One great object of the Constitution is to permit citizens to structure their private relations as they choose subject only to the constraints of statutory or decisional law."

DocumentationFree Speech on Private Property