[Michlib-l] Jehovah's Witnesses question

[Membiela, Clare (MDE)]

Greetings:

While Public Libraries are not generally located in Federal buildings, Michigan public libraries are government entities and , like all US Public libraries, are considered "Limited Public Forums" for purposes of First Amendment activity. This means that while public libraries are not considered as open as , say, public sidewalks or parks, there is a right of the public to exercise their first amendment rights at public libraries - with certain caveats.

Dave Ewick's answer earlier was correct. Jehovah's witnesses and other groups that wish to pamphlet, protest, petition, etc., do have a right to do so on Library property or sidewalks.  In fact, a 1946 US Supreme Court case further supports this with respect to  Jehovah's Witnesses and religious groups: Marsh v. Alabama 326 US 501(1946)

HOWEVER, as a limited public forum, libraries can determine "Time, Place and Manner," which means that a library may impose reasonable restrictions on the activities of these groups. For example, the group can be asked to remain away from entrances and exits (so as  to not block them or inhibit egress), they can be asked to prohibit any activity that inhibits the ability of the library to maintain its normal operations, or that prevents patrons from enjoying the library.

The ACLU of Michigan has a great sheet on this topic:


https://www.aclumich.org/sites/default/files/field_documents/knowyourrights_demonstrations_and_protests.pdf<https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.aclumich.org%2Fsites%2Fdefault%2Ffiles%2Ffield_documents%2Fknowyourrights_demonstrations_and_protests.pdf&data=02%7C01%7Cmembielac%40michigan.gov%7C4abbd22c56e248abcfa008d6f4ce0dba%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C1%7C636965563157876952&sdata=zcw5zUQslmE%2BTK%2B6XDOOQgi31FiWd1dTXTNkO4ovbG0%3D&reserved=0>

Thanks!
Clare


Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.


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