Case: 21-51178 Document: 00516474571 Page: 22 Date Filed: 09/16/2022 No. 21-51178 A newspaper is more than a passive receptacle or conduit for news, comment, and advertising. The choice of material to go into a newspaper, and the decisions made as to limitations on the size and content of the paper, and treatment of public issues and public officials—whether fair or unfair—constitute the exercise of editorial control and judgment. Id. at 258. Because a newspaper prints a curated set of material selected by its editors, everything it publishes is, in a sense, the newspaper’s own speech. And the newspaper has a right to “editorial control and judgment” over its speech. Ibid. Newspapers thus cannot be compelled to “publish that which reason tells them should not be published.” Id. at 256 (quotation omitted). The second case is PruneYard. That case involved a group of high school students who sought to distribute pamphlets and solicit signatures at a local shopping mall. The California Supreme Court held that California law protected the right to “speech and petitioning, reasonably exercised, in shopping centers even when the centers are privately owned.” 447 U.S. at 78 (quotation omitted). The mall objected on First Amendment grounds, arguing that “a private property owner has a First Amendment right not to be forced by the State to use his property as a forum for the speech of others.” Id. at 85. The Supreme Court rejected the shopping mall’s challenge. It found the state law exacted no penalty on the basis of the mall’s speech, and the mall could “expressly disavow any connection with the [pamphleteers’] message by simply posting signs in the area where the speakers or handbillers st[oo]d.” Id. at 87–88. Nor did California law impermissibly compel the mall itself to speak. To the contrary, because the mall was open to anyone, “[t]he views expressed by members of the public in passing out pamphlets or seeking signatures . . . will not likely be identified with those of the owner.” Id. at 87. The Court also emphasized California’s neutrality among 22

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