A state violates the 1st and 14th Amendment by imposing criminal liability on a person who distributes religious literature on the premises of a company-owned town without permission of the town’s management
– the PFD recognizes that private persons exercising governmental powers should be regarded as state actors. The running of a town, whether by a municipality or a private owner, as a public function. The company in this town was a state actor because the town was built and operated primarily to benefit the public and its operation was essentially a public function. It was the town’s public charter that transformed the corporate owner from a private property owner to an agent of the state.
– the more an owner opens his property up for use by the public, the more the property owners rights become limited by the constitutional rights of those who use it. In balancing the rights of property owners against the rights of those who use the property to enjoy freedom of press and religion, ,the latter enjoy a preferred position
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