“We find that the minor restrictions on plaintiffs' expressional activities are not unreasonable or oppressive, and the association is not acting as a municipality", stated the unanimous New Jersey Supreme Court in rejecting all of the plaintiiffs' contentions.
Justice Wallace's decision cited the test adopted by the court in its 1980 decision State v. Schmid, which involved Princeton University, and focused on; the nature and primary use of private property, the extent to which the public is invited to use such property, and how freedom of speech relates to the private and public use of the property.
We believe this leaves open the possibility, and rightly so, that the courts would intervene in a situation that clearly abused residents' rights.
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Further, we believe the decision of the court would have been different if the Association rules permitted the community's private facilities (community rooms, the pool, etc.) to be used by the general public.
The court's unanimous decision also cited New Jersey Coalition against War in the Middle East v. J.M.B. Reality Corp. (1995), where the court was careful to explain its holding did not apply to strip malls, football stadiums, theaters, individual stores or even shopping centers.
Justice Wallace further noted that the primary use of the property in Twin Rivers is residential and that the public's invitation to the property is limited and speech activities are not unreasonably restricted.
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