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Public Spaces, Marketplaces, and the Constitution
Shopping Malls and the First Amendment
Public Spaces, Marketplaces, and the Constitution
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Anthony Maniscalco - Author
SUNY series in American Constitutionalism
Price: $85.00 
Hardcover - 318 pages
Release Date: November 2015
ISBN10: N/A
ISBN13: 978-1-4384-5843-4

Quantity:  
Price: $28.95 
Paperback - 318 pages
Release Date: July 2016
ISBN10: N/A
ISBN13: 978-1-4384-5844-1

Quantity:  
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Summary Read First Chapter image missing

Examines how the Supreme Court has banished free expression from shopping malls and other public spaces.

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.

“...[a] well-executed work.” — CHOICE

“Maniscalco shows us how court decisions restricting speech rights in privately owned shopping malls are depriving us of the ancient functions of the market as a vibrant center of civic life. An original and illuminating book.” — Frances Fox Piven, Graduate School, the City University of New York

Anthony Maniscalco teaches at the City University of New York, where he is the Director of the Edward T. Rogowsky Internship Program in Government and Public Affairs.


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Table of Contents

Acknowledgments
Introduction

1. Built Environments and the Public Sphere

2. Public Space as Democratic Practice: A History

3. The Public Forum Doctrine versus Public Space

4. Closing the Commons in American Shopping Malls

5. Toward a Second Chance for the First Amendment in Third Spaces

Notes
References
Table of Cases
Index


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4-5843-4/4-5844-1(MR/RM/FK)

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