The Redding library in California went to court this past fall to stop people from handing out certain types of information outside of their library. The group in question consisted of members of the Tea Party and the offensive material they offered to all library patrons interested was a free copy of a well-known document called the US Constitution (If anyone from the Redding City Council/Library Board of Trustees is reading this the following sentences are what is commonly referred to as sarcasm). I’m sure we all agree the last thing people going to a library would want is an understanding of the document that establishes the rights and responsibilities for the citizens of our nation. Once people start learning such things it could lead to them knowing their freedoms and we all know that’s nothing but trouble.
The library challenging the handing out copies of the constitution couldn’t have come at a better time. They did this during constitution week. A time designated to commemorate the adoption of the US Constitution and to promote the study and education about this document. What are these people like during Flag Day? Tell people they can’t hand out flags to library patrons just banners of their favorite sports teams instead. Can you say ridicules?
“What are you doing here in front of the library?”
“I’m handing out free copies of Mien Kampf and the Communist Manifesto.”
“Well I guess if you were giving away free copies of the US Constitution we’d have a real problem, but I think you’re okay.”
“Thanks.”
The Redding City Council got together after people tried to pass out copies of the US Constitution and were going to put a stop to such things happening on their library’s property. They weren’t going to stand for people passing out free copies of the US Constitution to library patrons if they could help it. The Redding City Council decided they were the library Board of Trustees and drafted new policies to limit such activities. The policies were something like Nya Nya Nya NyaNya you can’t pass out US Constitutions in front of our library and there’s nothing you can do abut it. I think one of the policies stated if the Tea Party people tried it again members of the Redding City Council/Library Board of Trustees would tell the parents of those Tea Party people and then they would be sorry.
It’s obvious the Redding City Council/Library Board of Trustees didn’t take a free copy of the US Constitution and read it. If they did someone in the group might have learned that it contains something called the first amendment. This is a really neat part of the document that states “Congress shall make no law…abridging the freedom of speech.” Yeah, I suppose it’s a section that has made us all a little crazy over the years with porn and the evil people at the Westboro Baptist Church, but it got a lot of good points.
Unfortunately for the Redding City Counci/Library Board of Trustees there are people who actually do read the constitution. These people felt their new policies were a little over the top. So a lawsuit was filed on behalf of the Tea party group by the Pacific Justice Institute. The plot only thickens as a lawsuit was also filed by the American Civil Liberties Union. The Tea Party and the ACLU working together for freedom of speech, is this a great country or what?
The matter was presented before Judge Monica Marlow of Shasta County Superior Court. Her job is to not only to read the constitution but interpret its legal application to lawsuits. She told Redding City Council/Library Board of Trustees not so fast. These are some real cool new policies you’ve written but they’re just not legal. Judge Marlow ruled that the plaza in front of the library is a “public forum” where free expression is generally allowed. She also ruled against the requirement for people who want to pass out leaflets to get a city permit.
“Why are you passing out leaflets?”
“My doggy ran away.”
“Do you have a permit from the city?”
“No, but I have a free copy of the constitution. Want to read it?”
“Forget it, you’re okay.”
Judge Marlow also ruled their prohibition on “offensively coarse” speech-punishable by criminal penalties is too vague.”
“Police Officer I want this man arrested.”
“Why?”
“He’s talking bad about the Yankees and I’m a Yankees fan.”
“Unfortunately I’m a Red Sox fan and you’re the one getting arrested.”
“Why?”
“The Yankees won the World Series in 2009 and I find that offensive.”
“Oh.”
For their part the Redding City Council/Library Board of Trustees said “Aw, gee, we were just trying to keep the entrance to the library unobstructed. Man, this just isn’t fair. Why does everybody make such a big deal about this constitution stuff? I don’t get it.”
This incident has all the elements necessary to make it a great book. The ACLU joins with the Tea Party in a lawsuit so people can hand out free copies of the constitution in front of a library. If I didn’t know this was a true story I would probably look for such a book in the Science Fiction section at the library.
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