Keywords
Libraries; Public libraries; First Amendment; Freedom of speech; Freedom to read; Book bans; Book removal; Library censorship; Library collection development; Library curation; Right to receive information; Government speech doctrine; Public forum doctrine; Limited public forums; Viewpoint discrimination; Little v. Llano County; Board of Education v. Pico; Walker/Summum test; ALA; American Library Association
Abstract
Conflicts over the collections of public libraries have become increasingly frequent in the twenty-first century. In 2025, the Fifth Circuit held that library collections are government speech, thereby preventing patrons from challenging book removals. This Note critiques that decision and analyzes which First Amendment doctrine should govern the curation decisions of a public library. It examines the historical evolution of the public library and First Amendment doctrine to argue for classification of the public library’s collection as a limited public forum. This classification allows libraries to make reasonable, viewpoint-neutral decisions about retaining books in their collections while ensuring that viewpoint discrimination does not threaten patrons’ rights to receive information.
Recommended Citation
Spencer Emelia Petrick-Knoll,
Public Libraries, Limited Forums: Critiquing the Fifth Circuit’s Decision in Little v. Llano County,
95 Fordham L. Rev. 285
().
Available at: https://ir.lawnet.fordham.edu/flr/vol95/iss1/6
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