Expert: Michael Troy - 11/17/2006

Question
Hi, A simple question. I am trying to find the law that states that 'any brochure may be displayed in a public display rack' as long as other brochures are being displayed. To be more specific; if a library display rack holds other brochures than just library info, it must allow all types of brochures, un less they are detrimental of course. There is such a law but I dont know how to finf it.

Answer
Hi Nancy,

There is no specific statute on this point.  However, there are a number of Court precedents which support the position that you are trying to make.

In a number of cases, the Supreme Court as noted a "Public Forum Doctrine"  That is, when a government facility opens up an area for private speech, it may not discriminate based on the viewpoint of that speech.  For example, if a rack was used to provide pamphlets for political candidates, it could not exclude pamphlets from the Green Party.

However, they may create a "limited public forum" for limited purposes.  For example, if the rack was limited to distribution of medical and health pamphlets, they would not be required to allow campagn materials or commercial material.  

For more info, you may find this site helfpul:

http://www.ncac.org/art-law/top-pubforum.cfm

I hope this helps!
- Mike