Summary
In State v. Miller, 280 Minn. 566, 159 N.W.2d 895 (1968), the Minnesota Supreme Court applied federal law and held in a two paragraph decision that the distribution of political pamphlets in a shopping center was protected speech under the recently decided Logan Valley. 280 Minn. at 567, 159 N.W.2d at 896.
Summary of this case from State v. WicklundOpinion
Nos. 40,931, 40,932.
June 21, 1968.
Criminal law — trespass — distributing political pamphlet in shopping center.
Appeals by Jeffrey Miller and Kenneth Sachs from judgments of the St. Paul municipal court, Ramsey County, Otis J. Godfrey, Jr., Judge, whereby they were convicted of trespassing on private property. Reversed.
John S. Connolly and Lynn Castner, Minnesota Civil Liberties Union, for appellants.
Douglas M. Head, Attorney General, Joseph P. Summers, Corporation Counsel, Daniel A. Klas, Special Assistant Corporation Counsel, and Thomas M. Mooney, Assistant Corporation Counsel, for respondent.
Defendants were convicted of trespassing on the private property of another in violation of Minn. St. 609.605, a misdemeanor. The evidence established that defendants entered the Midway Shopping Center, located at University and Snelling Avenues in the city of St. Paul, on October 12, 1966, for the purpose of distributing a pamphlet or tract on behalf of the candidacy of certain persons on the ticket of the Industrial Government Party in Minnesota. The shopping center has many diverse business concerns on its premises and is open generally to the public.
On May 20, 1968, the case of Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc. 391 U.S. 308, 88 S.Ct. 1601, 20 L. ed. 2d 603, was decided by the Supreme Court of the United States. The decision is controlling over the facts involved in the case now before us. On the basis thereof the convictions must be reversed.
Reversed.