Expert: Michael Troy - 9/10/2007

Question
Can a university library impose a rule that patrons may not address each other, but instead must "go through staff"? I've been banned from one of UC Berkeley's satellite libraries for objecting to this infantilizing policy.  I'm a UCB grad and lifetime member of its alumni association.  Recently, while I was the only user in the library, a student came in and began a discussion with the the librarian using an unusually and unnecessarily loud voice.  I politely asked that she speak "not quite so loud." She agreed and everything seemed okay, but 5 minutes later the library's Director entered and told me I was prohibited from making such requests directly. When I asked him whether this was a standing policy or one ginned up especially for me, he ordered me out.  When I tried to return a week later, he called the police and reported me as a "trespasser."  Do I have a viable free speech violation claim?  Thank you.

Answer
Hi Keith,

Typically, time place and manner restrictions like this are upheld under the First Amendment.  The rule here does not regulate the content of speech.  Rather, it seems to be a rule designed to keep the library quiet.  Therefore, it probably would stand up to First Amendment scrutiny.

That said, it sound like the rule, if it is really a rule, is being unfairly applied.  You might want to consider filing a complaint against the librarian in question with the University.

I hope this helps!
- Mike