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Administrative Law

: LibraryLaw Blog

Pat Tumulty on patron behavior codes and the court

By Mary Minow

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Here's my podcast interview, recorded August 27, 2009, with Pat Tumulty, Executive Director of the New Jersey Library Association (NJLA). NJLA filed an friend-of-the-court brief in the landmark federal appellate court case that established (1) library users have a First Amendment right to receive information in a public library and (2) public libraries have the right to set reasonable patron behavior codes related to their missions.


As I told Pat after the podcast, I take the result of this case as a given. The conclusion is sensible and reasonably clear.  But step back in time to the day when it wasn't a given, and in fact a lower court had ruled against the library. The lower court ruled that the library had to base its behavior codes on a higher showing - that there was disruptive behavior or imminent threat thereof.  As Pat discusses in the podcast, that likely would have put libraries in an untenable position where they couldn't make essential rules on unattended children (some are quiet), sleeping and more.  

Full post as published by LibraryLaw Blog on September 07, 2009 (boomark / email).

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