Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a growing attempt to know and interpret what the Constitution means and what freedoms are enshrined in America today. The purpose of this paper, however, is not to examine the causes, but rather to examine what has been done with the people involved and under what theories. The method used in the past was simply to throw the trespasser off the property. The only restraint was that the owner should use only whatever force was reasonably necessary. The solutions today have lost this early simplicity and must be looked upon with concern.
Visitors' Refusal to Leave Premises,
21 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol21/iss1/17