ABSTRACT

On March 3, 2003, a lawyer named Stephen Downs was arrested for trespassing at the Crossgate Mall in Guilderland, New York, a small town near Albany. He did not sneak into the mall after hours or enter some “employees only” part of the property. He was arrested for wearing a T-shirt that he purchased at the mall with the slogan “Give Peace a Chance.” On the eve of the war with Iraq, the message was too political for the mall. Security guards ordered Downs to either take off the T-shirt or leave the premises. When he refused, they summoned local police and he was taken away in handcuffs. This was not an isolated incident.1 Although the charges were later dropped after a local protest and international uproar, the management did not change its official policy against political expression on mall property.2