Magazine article American Libraries

Judge: There's a Right to Leaflet near Libraries

Magazine article American Libraries

Judge: There's a Right to Leaflet near Libraries

Article excerpt

Shasta Public Libraries in Redding, California, can no longer limit the distribution of pamphlets outside the facility to a 66-square-foot area on one side of the entrance. Plaintiffs from the North State Tea Party Alliance (NSTPA) and the American Civil Liberties Union of Northern California are hailing the decision as a victory for the First Amendment and the California Constitution, whose free-speech protections exceed federal safeguards.

Acting in its capacity as the Redding Municipal Library Board of Trustees, the five-member city council had okayed the Outdoor Public Forum Policy in March, which prohibited any individual or group from leafleting outside the library entrance without having secured a reservation 72 hours in advance and being inside a designated leafleting area.

California Superior Court Judge Monica Marlow wrote, "The designation of the outside of the library as a traditional public forum for communicative activity is not incompatible with the use of the library. The reasonable expectation is that citizens entering the library are doing so for the primary purpose of being exposed to information which will add to their base of knowledge and ideas. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.