Supreme Court of New Jersey

New Jersey Coalition Against War in the Middle East, Sylvia Ackelsberg, and David Cline, Plaintiffs-Appellants and…

December 20, 1994138 N.J. 326

Summary

The New Jersey Supreme Court held that the State Constitution guarantees a right to non‑commercial leafletting in regional shopping centers, subject to reasonable regulations, and reversed the Appellate Division. The Court applied the three‑factor test from State v. Schmid, finding the malls function as public forums, while Justice Garibaldi dissented, arguing the majority misapplies Schmid and unduly burdens private property rights.