Public spaces, marketplaces, and the constitution / Anthony Maniscalco.

Format:

Book

Author/Creator:

Maniscalco, Anthony, 1966- author.

Series:

SUNY series in American constitutionalism.

SUNY series in American Constitutionalism

Language:

English

Subjects (All):

Freedom of expression--United States.

Freedom of expression.

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

Shopping centers.

Physical Description:

1 online resource (320 p.)

Edition:

1st ed.

Place of Publication:

Albany, New York : SUNY Press, 2015.

Language Note:

English

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 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.

Contents:

Contents; Acknowledgments; Introduction; Chapter 1: Built Environments and the Public Sphere; Indicating Public Space on the Ground; 1. Openness and Accessibility to Users; 2. Support for Community Practice; 3. Visibility and Revelation; 4. Diversity, Tolerance, and Accommodation; 5. Authenticity and Unexpectedness; Political Theory and the Public Sphere: The Problem of Inclusion; Chapter 2: Public Space as Democratic Practice: A History; Flow and Ebb in the Greek Agora and Roman Forum; Openness to Enclosure: Medieval and Early Modern Markets33

American Public Space Before and After the Jacksonian EraThe Rise and Fall of Open-Minded Space in an American Century; Chapter 3: The Public Forum Doctrine versus Public Space; Opening Salvo-The Traditional Public Forum; New Landscapes, New Contests; Nonpublic Space; Chapter 4: Closing the Commons in American Shopping Malls; Prologue: Marsh, Public Function, and the Preferred Position of Speech; Public Space Flows in the Plaza: Logan Valley Plaza; Black and White and Reed All Over: The Dissents; Speech Goes Inside the Mall, Gets Turned Back: Lloyd Corporation

The Mall Is Where the People Go-Marshall's DissentMorphology in the Mall and the Final Unraveling of Public Function: Hudgens92; A Coda on Space in the Mall: Marshall's Eulogy to Public Functionality; Pruneyard and American Federalism in the Shopping Mall; Political Space and Welfare in a Californian Milieu; A Myriad of Considerations; Chapter 5: Toward a Second Chance for the First Amendment in Third Spaces1; The Unbearable Lightness of Pruneyard: Declined Invitations and Status Quo in the States; New York versus New Jersey, or State Action Formalism versus Avant-Garde Public Functionalism

Reimaging Property as Space in an Age of Fluctuating Fortunes: State Action, the New Urban WayRainbow Suburbs and the Right to the Analogous City116; Notes; References; Table of Cases; Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781438458458

1438458452

OCLC:

925478561