New York Court of Appeals
Shad Alliance, Respondents v. Smith Haven Mall, Appellant
December 19, 198566 N.Y.2d 496
Summary
The New York Court of Appeals held that Article I, § 8 of the New York Constitution applies only to state action, and because the Smith Haven Mall’s blanket no‑handbilling policy involves no state action, the mall may prohibit leafleting. The Court reversed the Appellate Division and granted summary judgment to the mall. Chief Judge Wachtler dissented, arguing the provision should protect leafleting in malls, and Judge Jasen concurred, emphasizing nondiscriminatory limits on the mall’s exclusion power.