United States DC Circuit

Mall's petition for review of a National Labor Relations Board order, which held that it was a violation of a party's free speech rights under the California Constitution to require a permit applicant to agree not to urge consumers to boycott any of the mall's tenants as a condition to obtaining a permit to engage in expressive activities at the mall, is denied where petitioner failed to raise its constitutional arguments before the circuit court in prior proceedings, and waited until it petitioned the California Supreme Court for a rehearing.

Appellate Information

• Argued 12/13/2005
• Decided 05/09/2008
• Published 05/09/2008

Judges

• Before:  SENTELLE, Chief Judge, GINSBURG, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William M. Lines argued the cause for petitioner Fashion Valley Mall, LLC. With him on the briefs was Theodore R. Scott.


• For Appellees:
  
• Anne Marie Lofaso, Attorney, National Labor Relations Board, argued the cause for respondent.   With her on the brief were Arthur F. Rosenfeld, Acting General Counsel, Margery E. Lieber, Acting Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and David S. Habenstreit, Supervisory Attorney., David A. Rosenfeld and Richard D. Prochazka entered appearances on behalf of intervenor Graphic Communications Conference, International Brotherhood of Teamsters, Local 432(M) in support of respondent.