Macerich Management Company and Macerich Property Management Company (Macerich) operated two malls in California. Macerich promulgated rules for public use of mall common areas that regulated expressive activity in each mall.
The rules included an “identification ban” that banned activities that identified the mall owner, manager, or tenants; a “commercial purpose” rule that banned signage and written materials that interfered with a mall’s commercial purpose; a “signage ban” on the carrying or wearing of signs; an “application requirement” that mandated pre-submission of written materials; a “designated areas rule” that excluded certain exterior mall areas from designated areas where expressive activities could take place; and a “peak traffic rule” that barred expressive activities during “peak traffic days.”
