SCOTUS has now made clear that states and cities cannot simply designate broad categories of private property as “sensitive” and thereby ban the exercise of constitutional rights there. This has obvious and immediate implications for the Second Amendment, but it also reaches into First Amendment territory like speech, religion, and assembly. As well as many other rights protected by the Constitution.
If the government cannot turn a shopping mall or grocery store into a gun-free zone by fiat, it similarly faces serious limits on turning those same spaces into speech-free zones, protest-free zones, or religious expression-free zones. This is a major check on the administrative and regulatory state’s ability to carve out exceptions to the Bill of Rights wherever it finds it convenient.
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