#1 Library policy - issues regarding local pol
July 16, 2009
TO: Library Board
FROM: Bryan J. McCormick
Library Director
RE: “Dissemination of Election Information & Material”
The Hedberg Public Library has been asked about changing the no solicitation policy to allow citizens
wishing to run for public office the ability to gather signatures and distribute information to voters here at
the library.
For background purposes I have pulled information from a May 2009 memorandum by the General
Counsel from the State of Arizona regarding the First Amendment, Free Speech and The Public Forum
Doctrine:
The Hedberg Public Library would fall under the non-public forum category:
Non-Public Forum:This forum includes state buildings and property that are not by tradition or
designation open for public communication, but are used for business, education or other
dedicated purposes. The state may reserve non-public property for its intended purpose, provided
that the regulation of speech is reasonable and not an effort to suppress a particular viewpoint.
Examples of non-public forums include courthouses, jails, government offices, city halls and
public schools. While such state property is required to be open for its devoted purposes, it is not
required to be open to the public for other expressive activities. See Perry Education Assn. v.
Perry Local Educators’ Assn., 460 U.S. 37, 45-46, 103 S.Ct. 948 (1983).
Limits based on forum type:
Non-Public Forum:The government may impose reasonable content-based restrictions on
expressive activity in non-public forums, in light of the function and purpose of the property.
Some government buildings may have portions designated as limited public forums, such as
meeting rooms, while other portions remain non-public forums, such as areas that are used for
internal business or are not generally open to the public. See Cornelius v. NAACP Legal Defense
and Educational Fund, Inc., 473 U.S. 788, 811, 105 S.Ct. 3439 (1985).
Restrictions:
Time, place and manner restrictions may be placed, neutrally, on expressive activities that occur
in or on open and designated public forums. See Perry, 460 U.S. at 45, 103 S.Ct. at 948. Simply,
this means that the when, where and how of expressive activity may be reasonably regulated to
serve a significant government interest if such regulation is (i) without reference to the content of
the speech and (ii) leaves ample opportunity for speech in alternative areas or forums. See City of
Renton v. Playtime Theatres, Inc., 475 U.S. 41, 46, 106 S.Ct. 925 (1986).
A significant government interest includes: (1) the protection and maintenance of resources,
facilities and property; and (2) the promotion of public health, safety and welfare.
In conclusion, the U.S. Supreme Court has recognized that the crucial question [for application of
time, place and manner restrictions] is whether the manner of expression is basically incompatible
with the normal activity of a particular place at a particular time. See Grayned v. Rockford, 408
U.S. 104, 116-18, 92 S. Ct. 2294 (1972).
To that end, time, place and manner restrictions may be placed on expressive activities that
materially and substantially disrupt the operation or function of a [state facility]. Id.
Examples of proper time, place, and manner restrictions include those required to prevent
disruptive activity, obstruction of vehicular or pedestrian traffic, excessive noise levels or noise
that interferes with classroom‚ business or other activities, interference with the normal functions
and processes of the [state facility] or the rights of others to effectively use the facilities and
property, blocking of doorways, or an imminent threat of physical violence or destruction of
property. The responsibility for making time, place and manner determinations and decisions
rests with the facility’s designated representative.
In an earlier discussion with the City Attorney for the City of Janesville, he concurred with the preceding
arguments that the library could limit the type of speech through time, place and manner restrictions.
The library management team recently met and discussed some of the pros and cons regarding
dissemination of election information and material at the Hedberg Public Library.
Pros:
- It supports the Library Bill of Rights that “libraries should cooperate with all persons and groups
concerned with resisting abridgement of free expression and free access to ideas.”
- There are few options available for local candidates to “get the word out” and the library could
serve a need by allowing local candidates the ability to voice their position and views.
- One role of a public library has always been to provide individuals with the information
necessary to participate in self-government.
- It would fit within the library’s role as a source for information.
Cons:
- The HPL Public Code of Behavior notes that a priority “is to provide its public with an
environment that is safe, pleasant and conducive to comfortable library use.” Providing open
space on the grounds for candidates or petitioners to solicit library visitors could lead to
harassment of library users and complaints from the general public.
- Staff would see an increase in responsibilities including monitoring, enforcing rules and
regulations, room set-up and take down and other duties.
- Perceived access issue for some members of the public – some patrons would not want to walk by
‘solicitor types’ at the entry.
One option presented by the management team would be to have a library program in the public meeting
room whereby the local candidates, or those wishing to be candidates, could meet with interested
members of the public. The staff feel that the library would need to have control over the event (such as
time and place restrictions) in order to maintain the library as an inviting and safe place.
If the Library Board is in favor of establishing such a program and amending policy, the management
team will present a proposal at a future meeting. The library staff also recommends having the City
Attorney approve any changes to the policy so that the intent of the library is clear and concise.
Bryan J. McCormick