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Lawyer Suing Library over Freedom of Speech

By: Charlie De Mar
Updated: October 7, 2012
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A local attorney is suing the Allen County Library---claiming that he's been denied of his first amendment rights. 

 

 

With the presidential election just around the corner, David Kolhoff is determined to educate the public on the affordable care act.

 

He thought the plaza in front of the Allen county public library would be the perfect location, however,  he says the library thinks differently. 

 

"We have the right to engage in free speech on any public property except the public entity can impose reasonable restrictions on time and place," said Kolhoff. 

 

 

Kolhoff says that the library offered alternate locations for him to set-up-- like using one of their conference rooms and even offered to broadcast his message on their closed circuit TV--but those options aren't realistic for Kolhoff. 

 

"I don't want to advertise and I can't and I don't know how to produce a TV program," said Kolhoff. 

 

While Kolhoff recognizes that A public institution reserves the right to establish time and place of free speech--he claims that the library hasn't been reasonable in response to his request.  

 

"What the library told me in my view is not reasonable because they just said no you can't do it in the open," said Kolhoff. 

 

 

 The American civil liberties union of Indiana has filed a lawsuit on Kolhoff's behalf. 

 

 

 

 "What I'm hoping is that the court will order the library to allow me to set up on the plaza and I expect that's what will happen," said Kolhoff. 

 

 

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