Matthew Snatchko was asked to leave the Roseville Galleria Mall while he was talking three shoppers. He claims that it was the topic of his conversation that got him the boot. The mall claims that he was disruptive and in violation of Mall's "Courtesy Guidelines". The topic of the conversation? God.
The First Amendment of the US Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
That seems clear enough. However, a shopping mall is a private commercial enterprise. People and companies pay rent in order to have a space to sell their goods. Since these areas are typically open to the public with little limitation, the lines of who has the right to do what can get a bit blurry. Furthermore, some States, such as California where this case is being heard, have First Amendments of their own and have defined publicly accessible areas such as shopping malls to be on par with public property with regard to what can and cannot be restricted in a person's freedom of speech.
Although a person has freedom to say what they wish (within reason), there are circumstances where another individual's freedom of speech might be in conflict with another of our founding documents, the Declaration of Independence, that states: "... men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." In this case, an employee of the store outside of which the fateful conversation was taking place thought the women looked uncomfortable. Although the women initially consented to the conversation, perhaps Mr. Snatchko had essentially over stayed his welcome with the women. Some people are too polite to then tell someone to shove off when they have become annoying. This will be an interesting case.
If Mr. Snatchko (Snatch-ko, jeez, can't make a name like that up) wins, the rest of us will need to grow firmer spines and be more willing to be "rude" and exercise our freedom of speech to those that invade our space. I personally have no qualms telling someone "no thank you, go away" (and much harsher if the pest persists), but there are those "nice" people who will continue be victimized by self appointed agents of God and saviors of society.
If Westfield (who owns several malls across the country) wins, the bar of offenses that can get someone removed from a mall may be lowered. Wearing a T-shirt from a competitor? Get out. Just window shopping or mall walking? Buy something or leave. Blocking the flow of traffic (too fat, stroller too big)? Leave, you are taking up too much room and blocking other customers. Yes, Yes, these are exaggerations, but one never expected rabid proselytizing in malls, either.
I personally think it all comes down to respect. No one seems to have it anymore, so now it has to be legislated. Sad, very sad indeed.