The Mall of America is seeking a restraining order on Black Lives Matter protesters who are demanding the release of video footage of last month's fatal police shooting of 24-year-old Jamar Clark.
Activists have planned demonstrations at America's largest mall, however, lawyers representing the shopping centre are trying to prevent Wednesday's protests from happening. At some point on Tuesday afternoon, Judge Karen Kanisch will decide if the protests are indeed lawful.
“This is not about free speech. this is not about whether or not these folks have a good cause. of course they have a good cause," said mall attorney Susan Gaertner during Monday's courthouse proceeding.
"This about where you demonstrate. And you demonstrate in places like this. in a court house. Mall of America on Wednesday is a place to take your kids and shop."
The mall's lawyers have sued eight activists hoping a local judge will force them to post messages on social media to cancel the December 23 event, according to the Black Lives Matter Minneapolis Facebook page.
No matter the decision, BLM organisers say the protests will move forward.
"The people have a right to show up, we have a right to say what our message is, we have a right to speak out,“ BLM organiser Miski Noor said on Monday. ”And us not showing up and us not speaking would be the mall winning, yet again, as corporations and police departments and the institutions collude to silence us, that's not going to happen.“
Charles Samuelson, executive director at the American Civil Liberties Union of Minnesota, called the Mall of America’s lawsuit zealous and aggressive.
“The ACLU of Minnesota is deeply concerned about the restraining order that the Mall of America is seeking against Black Lives Matter organizers. It appears to be unconstitutionally overbroad and an improper prior restraint on speech,” he said in a prepared statement.
He added that the Mall of America, and other corporations, should not be able to force private citizens to post on their social media accounts: "Organizing a peaceful protest on social media is protected by the First Amendment to the US Constitution and should not be restrained," he said.
"The Mall of America is trying to intimidate free speech activities with this aggressive lawsuit. We hope the District Court will dismiss the restraining order quickly.”
