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?