California, United States of America
The following excerpt is from Bright Star Sch. v. Hilger, B263844 (Cal. App. 2016):
First, plaintiff alleged flyers were offered to those who appeared to be either (a) students at the school; or (b) parents of those students. The record demonstrates these flyers were handed out "on or near the school." However, there is nothing in the record to suggest the recipients of the flyers were verified students and their parents. Rather, the record suggests anyone who appeared to be students or parents were offered flyers. Handing out flyers to passersby who appear to be students of a nearby school, or parents of those students, constitutes speech in a public place where information is freely exchanged. (See e.g., Macias v. Hartwell (1997) 55 Cal.App.4th 669, 674 [mailing of campaign flyers recognized as public forum].)
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