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.
7 comments:
It doesn't sound illegal to me. It seems it would only be illegal if they tried to prevent someone with an opposing view to post their information and use the library as a forum to express their views. The public library should be a place for many views to be expressed, including this one.
On the other hand, one gets the feeling that John and Sally are not trying very hard to get along with others in the workplace, which would be just cause for their dismissal.
If their goal was to offer encouragement and support to natural families and marriage it would seem less harsh than the fact that they state they “oppose all views that seek to redefine the natural family and marriage.” "Oppose" seems rather threatening. A main bulletin board where all organizations are allowed to post their information would seem a more neutral location to post this info. than the employees area. What policies if any does the library have regarding this?
It seems that space on a refrigerator could have the same potential of being a public forum as a display case, or bulletin board. So, once it's been utilized as a place for information or discussion the ability to limit use of that display on the refrigerator based on content would be questionable. Now, I suppose since the city attorney asked that the flyer be removed, he could have affectively determined that the refrigerator door would not be an open forum - so no one gets to post. Which leads me on the next rabbit trail of - if a refrigerator door is to be used as a forum for information, it may be a good idea to make certain policy defines the use of that space in case questions like this scenario come up??? Any library refrigerator policies out there to share? :)
In every First Amendment case, there are competing interests. In this instance, John and Sally have a First Amendment right to talk about their organization. The competing interest is the employer's right to maintain a proper work environment. Striking a balance between these interests is extremely difficult. It is, however, necessary to determine whether John and Sally's First Amendment Rights have been violated. In my mind the case is much easier if John and Sally engaged in these activities when they are not at work. What do you think?
SEO India
This blog provides various information related to seo india, seo optmisation, seo blog, seo search engine optimisation, seo resources and cheap seo services.
SEO India - SEO Optimisation - SEO Blog
I think that they should have posted it on the main message board because, assuming they knew there was a lesbian among their staff, it could be viewed as harrasment or even a threat, for them to post what was essentially an antigay poster in an employee only area.
Post a Comment