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« Course Reserves and Copyright | Main | Chronicle on Orphan Works »

July 26, 2005

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Such close-minded folks...why not distribute it?

Another interesting aspect to this case is the library board asked for written comments from the community. A local resident and the Columbus Dispatch have asked to see these letters. In fact, the newspaper, according to their article on July 30th, submitted an open records request.

The library hasn't released the letters, stating that they are not yet public record.

There is a case on point - a gay newspaper was distributed on a front lobby table in a library along with other free publications. When the library got complaints, it restricted the table to government and library-generated publications. The court found that the table in the lobby was a hybrid forum: a cross between a limited and a nonpublic forum. Closing the forum affected both gay and non-gay interests equally, and was acceptable. See Gay Guardian Newspaper v. Ohoopee Regional Library System, 235 F. Supp. 2d 1362, 2002 U.S. Dist. LEXIS 23970 (S.D. Ga., 2002), aff'd 2003 U.S. App. LEXIS 27395.

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