Property Law Developments—Joseph William Singer

While the US Constitution’s free speech provisions in the first amendment apply only to state action, both California and New Jersey have interpreted their state constitutions to grant individuals free speech rights in some cases in relation to private parties. In both states, citizens have the right to distribute leaflets in shopping centers. In Dublirer v. 2000 Linwood Avenue Owners, Inc., 2014 WL 6777311 (N.J. 2014), a resident wanted to run for a seat on the Board of Directors of the coop and sought to distribute materials relevant to his campaign and he was prevented from doing so by the coop board. The Supreme Court of New Jersey held that the coop rule banning soliciting and distributing written materials in the building was unreasonable and a violation of the resident’s state constitutional free speech rights. The ruling reaffirmed and expanded on the rulings in earlier cases that protected free speech rights of owners in common-interest communities when those owners wanted to post signs. See Mazdabrook Commons Homeowners’ Ass’n v. Khan, 46 A.3d 507 (N.J. 2012); Comm. for a Better Twin Rivers v. Twin Rivers Homeowners Ass’n, 929 A.2d 1060 (N.J. 2007).