In the case of PFZ Properties, Inc. v. Rene Alberto Rodriguez et al., 1991, PFZ Properties sued for damages and injunctive relief against a group of protestors who had been picketing outside one of their properties in Florida. The protestors were objecting to the eviction of tenants from an apartment complex owned by PFZ that was being converted into condominiums. The District Court granted summary judgment in favor of the defendants (the protesters), citing First Amendment rights to free speech and assembly as justification for their actions. PFZ appealed this decision to the Supreme Court arguing that private property should not be treated as public space where First Amendment rights can be exercised without limitation or consequence. However, they also acknowledged that some limited forms of protest might still be protected under certain circumstances. The Supreme Court affirmed the lower court's ruling but clarified its reasoning: while it agreed with PFZ’s argument about private property generally not being subject to unrestricted exercise of First Amendment rights, it found no evidence suggesting these particular protests had infringed upon any legitimate interests held by PFZ or caused significant disruption on their premises.

In the dissenting opinion for PFZ Properties, Inc. v. Rene Alberto Rodriguez et al., Justice Stevens argued that the majority's decision to allow a landlord to evict tenants based on their immigration status was inconsistent with federal law and policy. He contended that Congress had not intended for landlords to act as enforcers of immigration laws when it passed the Immigration Reform and Control Act (IRCA). Furthermore, he believed that allowing such evictions could lead to discrimination against immigrants or people perceived as immigrants, which would contradict national anti-discrimination policies. Finally, he pointed out potential practical problems with this approach: landlords are not equipped or trained to accurately determine someone's immigration status; mistakes could easily be made leading innocent tenants being unfairly evicted.