Bar Exam (US) Constitutional law: Question below is based on the following fact situation. Chris...

Question

Question below is based on the following fact situation.

Christiana Mall is a shopping center complex located outside St. Joseph in the state of Mizzou. It is privately owned by Christiana Mall, Inc., which leases retail store space to private retailers. One day, a group of black students from the local high school began to distribute pamphlets commemorating Martin Luther King Day in the enclosed Mall area of the shopping complex. The Christiana management requested that the black students cease distributing the pamphlets or leave the premises. When they refused, the St. Joseph police were summoned to disperse the students. Upon the arrival of the police, the students were removed from the premises.

Two weeks later, a group of students from Mizzou Law School requested permission to distribute pamphlets advertising their upcoming Law Day ceremony. The Christiana Mall management permitted six students, all of whom were white, to distribute these pamphlets at the shopping center.

Subsequently, the black students brought suit in federal court seeking an injunction which would order the Christiana Mall management to allow them to distribute the pamphlets within the Mall. The black students will

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    prevail, because pamphleteering is a speech-related activity which is protected by the First and Fourteenth Amendments
  2. B
    Correct Answer
    prevail, in the absence of an antipamphleteering statute
  3. C
    Correct Answer
    not prevail, because pamphleteering on private property is not a constitutionally protected activity
  4. D
    Correct Answer
    not prevail, because pamphleteering may be prohibited as a public nuisance which invades the privacy interest of persons not wishing such communicative contact
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