Is there any historical precedent for a defacto public square?
We can't relegate (unwillingly even) every bit of our lives to the private sector and suddenly say rights shouldn't exist.
We can't relegate (unwillingly even) every bit of our lives to the private sector and suddenly say rights shouldn't exist.
In general,
"Private spaces used by the public, like shopping malls or private campuses, are typically non-public forums. The government cannot compel access to private spaces, but private operators may allow or restrict expression under private law and policy, balancing property rights with constitutional protections in some cases."
However, there have been cases where constitutional free-speech protections were extended into malls. This can happen if the property takes part in federal programs or gets federal subsidies or tax breaks.
https://en.wikipedia.org/wiki/Equal-time_rule isn't the same thing.