Hello Don:
This can be sticky because of First Amendment issues. The rule of thumb is that if the displays are open to the public to create, you can’t restrict based on content or viewpoint – the same is true of bulleting boards or other areas where the public may post or leave materials.
Here are some references that might be helpful:
Library of Michigan piece on library displays:
https://www.michigan.gov/libraryofmichigan/0,2351,7-160-18668_69405_79213-136984--,00.html
ALA guidance on Intellectual Freedom in Library Spaces
http://www.ala.org/advocacy/intfreedom/spaces
Minow, Lipinski, Library Legal Answer Book (includes chapter on Meeting Rooms & Displays) – Available from Library of Michigan via MelCat
As always, it is important to consult with your attorney on any policy changes.
I hope these are helpful!
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Hello,
We do have a written policy concerning displays; it does pertain more to the “public use of our display case”. As for our own display; if anyone voices a concern, we explain it’s the role of the library to present both sides of each issue and while you may object to it others appreciate it. We haven’t had anyone really question anything (though being in a farming community, the vegetarian display wasn’t liked by a few families).
If you would like to see our Display Policy, you can find it on our website www.rauchholzlibrary.org under the “about us” section on the toolbar. It was reviewed and edited by our attorney (Anne Seurynck).
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Don, Here's Livonia's policy copied from our web site:
Display Case Use Policy
Primary tabs
As an educational and cultural institution and as part of its public service, the Livonia Public Library provides exhibit space for non-commercial displays of interest, information and enlightenment to the community.
The Library retains priority rights for use of display cases for library purposes but encourages non-profit organizations, community groups, individual or government agencies to provide displays whenever space is available.
Display cases provide a public forum in which to exhibit educational, cultural or charitable materials. Provision of space for a display does not indicate endorsement by the library.
The Library reserves the right to determine the acceptability of a display. Approval rests with a designated staff member or the Library Director.
The Library reserves the right to schedule displays and determine the frequency an individual or group may provide a display.
The Library assumes no liability in the event of damage, destruction or theft of a display.
Unless other arrangements are made, a display will be exhibited for one month.
Failure to dismantle a display by the agreed upon date may result in its removal by library staff.
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I suggest you check with a library lawyer (we use Anne Seurynck) about the legality of your policy. Things have changed a lot and we now have every policy that involves the public reviewed by Anne.
Good luck.
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Hi Don,
I just saw a webinar about the legalities surrounding library policy. It was really informative and I think it would serve you well to watch it because it was focused on some of the policy issues it sounds like you've been encountering lately. Display/bulletin board policy was mentioned in the webinar.
The link is https://youtu.be/WF4q9BZ7Lh8
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