Can privately funded “public” libraries exclude extremist speakers from their meeting rooms and facilities?
A privately funded “public” library has more discretion than a publicly funded library to exclude extremist speakers from its meeting rooms and facilities. Nevertheless, a privately funded “public” library may be classified as a place of public accommodation and therefore may be subject to state and federal public accommodation laws. Regardless of whether the institution is a public accommodation, it retains its First Amendment right to use discretion in choosing the types of messages that it will promote. Therefore, a privately funded “public” library may have more leeway in excluding extremists from its facilities and meeting rooms.
