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To: ebiskit

I’ve been on the USC campus without being a student or employee there. Was I trespassing? I didn’t see any no-trespassing signs.

A shopping mall is private property. Can a shopping mall institute a “no talking” policy because it is private property?

Isn’t there a difference between private property that’s open to the public, like a shopping mall, and the private property that is my own home?

Anyone a lawyer? I’d really like to know.


3 posted on 04/18/2009 4:48:12 AM PDT by samtheman
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To: samtheman

“Anyone a lawyer? I’d really like to know.”

You don’t need a lawyer. The 1st amendment is MORE than clear. Any time they pass a law against talking, the law is illegal. I hope he sues their butts off for this


7 posted on 04/18/2009 5:02:27 AM PDT by chuck_the_tv_out (click my name)
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To: samtheman

Property rights vary from state to state.

Private property is not public property.

There might be reasons to mark or post one’s private property, but the public has no right to access private property. The signage might be a form of communication from one party to another, but lack of such communication does not authorize public access. Lack of communication might hinder recourse on the behalf of the owner against a trespasser, but a person entering that private property is still guilty of trespass.

Not locking the door to your house doesn’t entitle a stranger to enter your house, although his access might be less restricted.


21 posted on 04/18/2009 6:06:03 AM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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