On December 24, 2007, by a narrow 4-to-3 decision, the California Supreme Court handed down Fashion Valley Mall, LLC v. National Labor Relations Board, 42 Cal. 4th 850 (Cal. 2007), wherein the Court held that the right to free speech under the California Constitution includes the right of protestors to encourage patrons inside a private shopping center to boycott specific businesses located within the shopping center.

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