Public spaces, marketplaces, and the Constitution : shopping malls and the First Amendment / Anthony Maniscalco.

Format:

Book

Author/Creator:

Maniscalco, Anthony, 1966- author.

Series:

SUNY series in American constitutionalism

Language:

English

Subjects (All):

Freedom of expression--United States.

Freedom of expression.

United States.

Shopping centers--Law and legislation--United States.

Shopping centers.

Shopping centers--Law and legislation.

Physical Description:

ix, 308 pages ; 24 cm.

Place of Publication:

Albany : State University of New York Press, [2015]

Summary:

In spite of their public attractions and millions of visitors, most shopping malls are now off-limits to free speech and expressive activity. The same may be said about many other public spaces and marketplaces in American cities and suburbs, leaving scholars and other observers to wonder where civic engagement is lawfully permitted in the United States. In Public Spaces, Marketplaces, and the Constitution, Anthony Maniscalco draws on key legal decisions, social theory, and urban history to demonstrate that public spaces have been split apart from First Amendment protections, while the expression of political ideas has been excluded 4 from privately owned, publicly accessible malls. Today, the traditional ' indoor suburban shopping mall, that icon of modern American capitalism and culture, is being replaced by outdoor retail centers. Yet the law and courts have been slow to catch up. Maniscalco argues that scholars, students, and the public must confront these innovations in commercial design and consumer practices, as well as what they portend for contemporary metropolitan America and its civic spaces. Book jacket.

Contents:

Introduction : built environments and the public sphere

Public space as democratic practice : a history

The public forum doctrine versus public space

Closing the commons in American shopping malls

Toward a second chance for the first amendment in third spaces.

Notes:

Includes bibliographical references and index.

ISBN:

9781438458434

1438458436

OCLC:

907948171