John Smith and Sally Jones are employees of the Litigious Public Library. John and Sally are involved in an association called the “Good News Librarians” and posted a flyer on a bulletin board next to the refrigerator in the employee lounge. As stated in the flyer, the Good News Librarians call on individuals to “preserve our workplace with integrity” and “is a forum for people of faith to express their views on contemporary issues of the day with respect for the natural family, marriage, and family values.” The Good News Librarians also “oppose all views that seek to redefine the natural family and marriage.” In fact, in its “Statement of Faith”, the Good News Librarians explain that “we believe the natural family is defined as a man and a woman, their children by birth or adoption, or the surviving remnant thereof (including single parents)” and that “we believe in family values that promote abstinence, marriage, fidelity in marriage and devotion to our children.”
The flyer came to the attention of Tiffany Weeks, a lesbian employed by Litigious Public Library who used the refrigerator by which the flyer was posted. Shortly after seeing the flyer, she spoke with John Smith about the flyer. After the conversation she decided to complain to the city attorney’s office. The library’s branch manager worked with the city attorney to investigate the allegations. The city attorney eventually ordered the branch manager to take the flyer down. Were John and Sally’s first amendment rights violated?
Other things to think about:
What if the flyer was posted on a bulletin board near the front doors of the library?
What if the flyer was not posted at all, but rather offered to library employees during lunch or break?
What if John and Sally handed out the flyers outside the front doors of the library on their days off?
What if John and Sally e-mailed the flyers to all library employees?
The flyer came to the attention of Tiffany Weeks, a lesbian employed by Litigious Public Library who used the refrigerator by which the flyer was posted. Shortly after seeing the flyer, she spoke with John Smith about the flyer. After the conversation she decided to complain to the city attorney’s office. The library’s branch manager worked with the city attorney to investigate the allegations. The city attorney eventually ordered the branch manager to take the flyer down. Were John and Sally’s first amendment rights violated?
Other things to think about:
What if the flyer was posted on a bulletin board near the front doors of the library?
What if the flyer was not posted at all, but rather offered to library employees during lunch or break?
What if John and Sally handed out the flyers outside the front doors of the library on their days off?
What if John and Sally e-mailed the flyers to all library employees?
Note: This scenario is hypothetical although not without legal premise. Please post your comments and questions.
