The local mall has received complaints about groups of teenagers scaring off customers. To alleviate the merchants' concerns, the mall has displayed a sign restricting groups of teenagers to no more than two traveling together inside the mall. What potential constitutional violations could this restriction pose?

Law · College · Tue Nov 03 2020

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If a local mall displayed a sign restricting groups of teenagers to no more than two traveling together inside the mall due to complaints, it could potentially raise concerns regarding constitutional rights. First and foremost, it's important to note that the U.S. Constitution primarily restricts government action and not private entities. Since most malls are privately owned, the Constitution does not usually apply in the same way it does to public spaces. However, there are potential issues that could be argued as constitutional violations in a broader sense, mainly under the following:

1. **First Amendment - Freedom of Assembly:** The First Amendment to the U.S. Constitution protects the right to peaceably assemble. If the mall is considered a public forum or if it functions similarly to a public space, then restricting the ability of teenagers to assemble in groups could be seen as a violation of this right. However, since a mall is typically a private entity, this right is not absolute and can be subject to reasonable restrictions by the property owners.

2. **Equal Protection Clause of the Fourteenth Amendment:** This clause provides that no state shall deny any person within its jurisdiction the equal protection of the laws. Applying restrictions solely to teenagers could be viewed as age discrimination. However, minors do have different legal status compared to adults, and private entities have more leeway in setting policies that distinguish based on age. Whether such a policy is lawful may depend on state and local anti-discrimination laws.

3. **Due Process Clause of the Fourteenth Amendment:** If the restriction is enforced by or with the assistance of the government (like local police), teenagers affected by the policy might claim a violation of the due process clause, which protects against arbitrary denial of life, liberty, or property by the government. However, establishing a due process violation in this context would be challenging, as the mall is a private actor, and such claims typically require state action.

Extra: Understanding the principles behind the Freedom of Assembly, Equal Protection Clause, and Due Process Clause will help you grasp why there could be concerns over constitutional violations. Here are some further explanations of these important concepts:

- **Freedom of Assembly:** This freedom allows people to gather for peaceful and lawful purposes. In publicly owned spaces, such as parks and streets, the government's ability to restrict assembly is very limited. In private spaces, such as shopping malls, the owner of the property can typically enforce their own rules as long as they do not discriminate unlawfully.

- **Equal Protection Clause:** The principle behind this clause is to ensure that individuals in similar situations are treated equally by the law. Although age discrimination is generally more permissible than other forms such as racial or gender discrimination, any discriminatory policy must still have a rational basis to be legally sustainable.

- **Due Process Clause:** This concept ensures fair procedures before the government can deprive an individual of life, liberty, or property. It is based on principles of fairness and the idea that laws and processes should not be arbitrary.

Lastly, it's important for students to know that while the Constitution provides strong protections for individual rights, the context of private property introduces complexity into the application of these rights. The balance between private property rights and individual civil liberties is a subject of ongoing legal debate and varies based on jurisdiction and the specific circumstances of each case.

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