Hello Jessica:

The line between information and advocacy is very thin and gray.

In this instance, the text at the bottom of the bookmark likely could be interpreted as advocacy.

Section 57 of the Michigan Campaign Finance Act, MCL 169.257 https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-169-257 Prohibits public employees from using public resources or time while “on the clock” at a public employer from engaging in advocacy.

However, public employees and entities MAY provide “factual information” regarding issues that effect the entity.

Providing information on MeL, and providing information on how patrons can identify their legislators’ contact information is fine – the inclusion of language such as “What steps can I take to keep MeL funded?” and “You can contact your state and federal representatives…” is likely edging too far into advocacy territory.

HOWEVER, individual public employees have first amendment rights to political expression – just not with public resources or on “work time.” In other words, the same bookmarks could be posted to a library’s public bulleting board (or other publicly available display space), and copies of the bookmark left for patrons to pick up. The difficult part comes when the library produces something suggesting that patrons contact their legislators and actively distribute it to patrons.

I would strongly suggest that any library wishing to use library resources to produce these bookmarks – and which intend to hand out to patrons- consult their library’s attorney.

I hope this is helpful!

Sincerely,

Clare

Clare D. Membiela, MLS, J.D.

Library Law Consultant

Library of Michigan

MembielaC@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.

“the State may not, consistently with the spirit of the First Amendment, contract the spectrum of available knowledge.” Griswold v. Connecticut, 381 U.S. 479, 482 (1965).

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Very nice bookmarks!

Are we allowed to tell people to contact their representatives? I was told that we could not. That we cannot advocate, we can only give information.

Jessica Holman
Library Director

Negaunee Public Library

319 West Case Street

Negaunee, MI 49866

(906) 475-7700 ext. 18

she/her/hers