This section contains the nature of the case and procedural background.

In the summer and the fall of 1990 the country was engaged in a debate of what response should we present to Iraq over its invasion of Kuwait. The competing policies were between military intervention and economic sanctions. Eventually, President Bush announced a major buildup in Persian Gulf forces to provide an adequate offensive military option. P, New Jersey Coalition Against War in the Middle East, was opposed to military intervention and sought public support for its views. P decided to conduct a leafleting program to oppose the Gulf War and urge people to contact Congress to urge a vote against military intervention. The November 9 effort was aimed at commuter stops around the State. The November 10th targets were shopping malls. P targeted very large shopping centers and requested permission to leaflet on the premises. Four of the malls granted permission, three required expensive liability insurance, and the other six refused permission. P sued.

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