On Thu, 6 Mar 2003, Dan Minette wrote:

> Out of curiosity, what if a group of anti-abortionists were wearing shirts
> with anti-abortion slogans on it and coming to the mall every day to talk
> to shoppers.  No accosting, just asking people if they think that people
> have a right to kill their own children, etc.

I think it would depend on degrees of behavior.  If they're just wearing
their T-shirts while shopping or having lunch, I see no problem.  If they
are making a daily habit of striking up unsolicited conversations with
anybody who comes into earshot, I call that "accosting" for all practical
purposes (whether it's harassment would depend on their attitude and
persistence).  But if it happened just once, and if the individual
permitted himself to be blown off, I wouldn't care.  If the individual
clings or becomes abusive, then I start looking for security [*].

But if we have multiple individuals showing up every day and stopping 
people to talk about their issue, then it seems to me that we're talking 
about an organized group activity of some kind.  Presumably the mall would 
have regulations permitting or disallowing such things and would be within 
its rights to put a stop to the activity or even to support the activity 
if the owners happened to agree with it (in which case I avoid that 
particular mall, which isn't a biggie because I avoid malls as a rule 
anyway).

[*] In the t-shirt case I've heard nobody allege that the men were forcing
people to have conversations, or that they were getting on soapboxes to
speechify, or that they were part of an organized group devoted to doing
such things.  Nick quoted a police report that mentioned "gatherings" but
I can't tell if that's legalese or if people actually were so offended at
the shirts that they started gathering around....  Do the dirty looks of a
Macy's clerk count as a gathering?

Marvin Long
Austin, Texas
Bush, Cheney, Rumsfeld, Poindexter & Ashcroft, LLP (Formerly the USA)

http://www.breakyourchains.org/john_poindexter.htm

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