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  • Hospitality Law
  • Are Guests Entitled to 'Free Speech' on Hotel Property?

  • With the international political climate being what it is, this incident has some interesting implications for hotels as well, particularly since by their nature, they play host to diverse visitors from every country in the world.

    What should a hotel manager do, for example, if an individual wearing an objectionable anti-war tee shirt appears in the lobby of the hotel? What if it's a group of people with tee shirts? What if they are carrying signs? What if they are legitimate hotel guests, who have reserved and paid for rooms? Can you ask them to leave the lobby, or the restaurant, or other "public" areas of the hotel? Does it make a difference if the person is simply wearing a tee shirt, but doing so quietly, as opposed to handing out flyers or circulating a petition?

    Questions like these have been argued before the U.S. Supreme Court and State courts for years. There have been a number of Supreme Court decisions that make it clear that government cannot suppress free speech - or "symbolic speech," like wearing a tee shirt or uniform or armband, regardless of the message, even if the message advocates violence. It can restrict disruptive behavior, such as blocking ...

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