Mall As a Threat To Democratic Values

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Summary: The Mall as a Threat to Democratic Values In her article, “The Mall as a Threat to Democratic Values,” Lizabeth Cohen warns that the private nature of malls, which have displaced town squares as centers of community and commerce, threaten rights once guaranteed to American citizens. Furthermore, she argues that, though malls front as catalysts of community, their varied and limited appeals segregate consumers by class and thus race. According to Cohen, shopping centers were conceived as a home for both commerce and community. However, many conflicting rights accompanied this dual commitment. When retailers learned that certain rights, specifically free speech and assembly, could hamper sales, they sought to dictate a desirable balance, resulting in legal clashes that ultimately reached the Supreme Court (405). Legal arguments revolve around 1st amendment and private property rights, both of which are guaranteed to American citizens (405). To resolve the conflict, courts sought to determine whether malls had supplanted town squares as public platforms for free speech and assembly (405). Cohen notes that when the first malls opened in the 1950’s, people treated them as public spaces akin to the town square and, accordingly, used them as a forum to reach the community. Political activists and even candidates capitalized on the mall’s ability to attract crowds. The first Supreme Court ruling in 1968, Amalgamated Food Employees Union Local 590 V. Logan Valley Plaza, Inc., aligned with the public stance and held that shopping centers had become the functional equivalent of sidewalks in public business districts (406). The court drew parallels with a previous case, Marsh V. Alabama, which guaranteed 1st amendment rights in company towns (406). However, by 1972, a more conservative court, granting more weight to the property rights of mall owners, overturned the
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