Golden Gate University Law Review Volume 39 | Issue 2 Article 5 January 2009 Shopping in the Marketplace of Ideas: Why Fashion Valley Mall Means Target and Trader Joe's are the New Town Squares Jon Golinger Follow this and additional works at: http://digitalcommons.law.ggu.edu/ggulrev Part of the Constitutional Law Commons Recommended Citation Jon Golinger, Shopping in the Marketplace of Ideas: Why Fashion Valley Mall Means Target and Trader Joe's are the New Town Squares, 39 Golden Gate U. L. Rev. (2009). http://digitalcommons.law.ggu.edu/ggulrev/vol39/iss2/5 This Comment is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Golden Gate University Law Review by an authorized administrator of GGU Law Digital Commons. For more information, please contact
[email protected]. Golinger: Free Speech on Private Property COMMENT SHOPPING IN THE MARKETPLACE OF IDEAS: WHY FASHIONVALLEYMALL MEANS TARGET AND TRADER JOE'S ARE THE NEW TOWN SQUARES INTRODUCTION A "soapbox" is defined as "an improvised platform used by a self appointed, spontaneous, or informal orator.,,1 Soapboxes have long been recognized as symbols of the opportunity for any individual in an open society to introduce new ideas to others.2 Pioneering political activist Harvey Milk famously announced his campaign for San Francisco Supervisor while standing on an old crate labeled "SOAP" on the corner of Castro and Market Streets.3 But what if Harvey Milk had been told he could not set up his soapbox and speak out on the corner where people gathered, but instead was relegated to giving his speech in an out-of-the way alley where few people, if any, would be there to hear his words? If I WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY OF THE ENGLISH LANGUAGE 2160 (\976).