An interesting struggle is shaping up in Upper Arlington, Ohio. Can a library board remove free gay newspapers from the mass of materials distributed at the entrance of the public library? According to an article in the Gay People’s Chronicle, one of the publications that a patron requested be removed, both a preliminary report to the library board and a legal opinion from the Franklin County prosecutor’s office suggest that the papers must stay unless they are obscene, pornographic, or harm minors. The article suggests that the only way to limit legally the distribution of otherwise legal material would be to stop the distribution of all free publications.
It would appear that public libraries need to act carefully when the issue of removing publications comes up.
Such close-minded folks...why not distribute it?
Posted by: Entre-Nous Guy | July 10, 2009 at 04:25 AM
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.
Posted by: Allen | August 02, 2005 at 04:50 AM
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.
Posted by: Mary | July 30, 2005 at 10:42 PM