California mall owners ask U.S. Supreme Court to strike down state’s compelled speech requirement
May 26, 2026
Washington, DC; May 26, 2026: Today, California mall owners filed a petition asking the U.S. Supreme Court to strike down a lower court ruling forcing them to support third-party speech on their property against their will. The owners of Majestic Realty Company argue that the court’s ruling violates their First and Fifth Amendment rights by mandating that they subsidize the speech of a self-identified “eMANcipation” activist — who encourages men to flout child support orders for children born outside of marriage — by providing him with a platform on their property.
“For nearly 50 years, California has been forcing mall owners to abandon their free speech rights and property rights in order to run a business. That cannot stand. This case provides the Supreme Court an opportunity to end decades of state-compelled speech. We hope the Court takes it,” said J. David Breemer, an attorney with Pacific Legal Foundation, which represents the mall owners at no cost.
The owners of Majestic Realty Company run two adjoining shopping centers — Citrus Plaza and Mountain Grove — in Redlands, California. An activist named Alex Salazar sued over their anti-leafletting policy, demanding that the shopping centers provide him a platform for his crusade against child support. A California appellate court ruled in Salazar’s favor, based on a 1980 Supreme Court ruling, PruneYard Shopping Center v. Robins, which held that California could require private business owners to host anyone who wants to proselytize on their property without violating the First Amendment.
The mall owners filed a petition for certiorari with the U.S. Supreme Court today, asking for a reversal of the lower court’s ruling and arguing that PruneYard should be overruled, because it cannot be reconciled with the Supreme Court’s First Amendment cases on compelled speech or with recent developments in property rights protected by the Fifth Amendment’s Takings Clause.
Pacific Legal Foundation represents Majestic Realty Company at no cost. The case is Majestic Realty Co., et al. v. Alex Salazar.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.