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Cross v. Texas
Texas Court of Appeals
2004 WL 1535606 (2004)
Michael Cross (defendant) attempted to collect signatures at an El Paso shopping mall to have a candidate added to the ballot for the presidential election. He was stopped by mall security guards and told that he had to complete a common-area application, which he refused to do. The mall permitted various organizations to use the common area but did not allow partisan political activities. Even if Cross had submitted an application, management acknowledged that it would have been denied. Cross returned to the mall a few days later and engaged in soliciting signatures. He was asked to leave by mall officials, and when he refused, they called the police. Cross was arrested and convicted for criminal trespass. Cross maintained that the criminal-trespass statute, as applied in this case, violated his right to free speech under the United States and Texas Constitutions. The trial court ruled against Cross.
Rule of Law
Holding and Reasoning (Larsen, J.)
Dissent (Chew, J.)
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