The US Court of Appeals for the Ninth Circuit ruled that the Contra Costa County library is within its rights to bar worship services in its public meeting rooms, and that the library is, in the ruling’s terms, a “limited forum” (news article).
Their take is that the type of activity taking place in the library’s space can be restricted, as long as the restriction is not based on the point of view of the group holding the activity. If the library were to ban one group’s worship service while allowing a different group’s service, that would be a violation of the First Amendment. According to the ruling, this case falls under the rights of the library to set policies for the use of their facilities.
I personally tend to lean towards greater expression under the First Amendment, whether that expression consists of Speech, Religion, Assembly, or the Press in its varied forms (including blogs). As long as an activity is done in a legal and open manner, yet is not forced upon any other patrons, the library is a stronger place for allowing it. This goes for many activities, from Role-Playing Games, to craft workshops, to club meetings.
What are the limits, though? Does a library need to open itself to any and all activities? Should they attempt to exclude certain areas of social interaction from their facilities? Can these limits make their role stronger, or just more limited?
Lots of questions, and I don’t know the answers. Perhaps I’ll write more about this in a day or two….
Here is the Pdf file of the appeal (59 pages).
Here is the Audio File of the appeal (1 hour, 6 minutes).
