...forum" doctrine. At one point, for example, he had observed: "Ownership [of property] does not always mean absolute dominion. The more an owner, for his...statutory and constitutional rights of those who use it." 242 In conference discussion of the case, however, he had termed Chickasaw, Alabama, the company town...

...street. The Court ruled that the firm could not prohibit free speech, reasoning that the more an owner "opens up his property for use by the public in general,...statutory and constitutional rights of those who use it." Over the next several decades, lower courts applied this precedent to a series of shopping center cases,...

...just because they lived in towns owned by companies that wanted to keep the ideas out, said the Court. "The more an owner, for his advantage, opens up his property for use by the public in general," the Court had said, "the more do his rights become circumscribed by the statutory and constitutional rights...

...with the right of a homeowner to regulate the conduct of his guests. We cannot accept this contention. The more an owner, for his advantage, opens up his...statutory and constitutional rights of those who use it.17 Presumably in this passage the Court is saying that the scope or boundaries of the property rights...

...these places were assuming public roles and functions. In the Supreme Court's words, "the more the owner, for his advantage, opens up his property for...statutory and constitutional rights of those who use it" (Marsh v. Alabama, 326 US 501, 90 L. Ed. 265, 66 S. Ct. 276 [1946]). In 1968, the Supreme Court ruled...

...v. Alabama,237 the Court paid homage to the legal realists by declaring: "Ownership docs not always mean absolute dominion. The more an owner, for his...statutory and constitutional rights of those who use it."238 This idea has driven the development of various restrictions on the right to exclude, from...

...still Justice Black's assertion in Marsh v. Alabama 326 US 501, 506, 90 L Ed 265, 268 (1946), that "[t]he more an owner, for his advantage, opens up...statutory and constitutional rights of those who use it". This dictum is now increasingly cited in the shopping mall jurisprudence (see eg, Corn v. State 332...

...Privacy, Religion Justice Hugo Black Marsh v. Alabama, 326 US. 501, 506 (1946) Ownership does not always mean absolute dominion. The more an owner, for his...statutory and constitutional rights of those who use it. Thus, the owners of privately held bridges, ferries, turnpikes and railroads may not operate them as...

...around their stores/' Marshall concluded in Logan Valley Plaza (1968) that "[o]wnership does not always mean absolute dominion." "The more an owner, for his...up his property for use by the public in general," he determined, "the more do his rights become circumscribed by the . . . rights of those who use it."37...

...of religious literature on its premises, Justice Hugo Black observed that Ownership does not always mean absolute dominion. The more an owner, for his...statutory and constitutional rights of those who use it. Thus, the owners of privately held bridges, ferries, turnpikes and railroads may not operate them as...