...parks, a person could have no constitutional right to make a speech on Boston Common.7 Holmes wrote, "For the legislature absolutely or conditionally to...for the owner of a private house to forbid it in his house."8 Sovereign Immunity Captivated by concepts of power, Holmes became "the chief . . . proponent...

...an act of Congress on First Amendment grounds. 22. Davis v. Massachusetts (1897). The Court stated: "For the legislature absolutely or conditionally to...highway or public park is no more an infringement of rights of a member of the public than for the owner of a private house to forbid it in the house."...

...portion of Holmes's opinion that focused on the absolute nature of the property rights of the state. "For the legislature absolutely or conditionally to...for the owner of a private house to forbid it in his house."9 Ownership is control. QED It is precisely at this point — where most contemporary discussions...

...property. As Holmes maintained in 1895 while serving on the Supreme Judicial Court of Massachusetts: "For the Legislature absolutely or conditionally to...member of the public than for the owner of a private home to forbid it in his house." 32 Holmes analyzed the case entirely in property terms, treating public...

...or conditionally to forbid public speaking in a highway or public park is no more an infringement of rights of a member of the public than for the owner of a private house to forbid it in his house." This analysis still holds considerable force today. In Lee v. Krishna Consciousness (1992) (hereafter...

...quotation from Davis v. Massachusetts, supra: "The Legislature, * * • as representative of the public, may and does exercise control over the use which the...owner of a private house to forbid it in his house.". If this were not so, then any and every citizen would have an equal right with defendant, and might...