photo by: Lawrence City Commission screenshot

Justin Spiehs speaks during public comment Tuesday, April 2, 2024, at the Lawrence City Commission meeting.

A U.S. District Judge has ruled in favor of the Lawrence Public Library in a federal lawsuit from a frequent public commenter who claimed library staff violated his free speech rights.

Judge Julie Robinson granted summary judgement in favor of the library in a federal lawsuit Wednesday from former Lawrence resident Justin Spiehs that was first filed in 2023.

According to the judge’s decision, some of Spiehs’ complaints of the violation of his First Amendment speech rights lacked standing against challenging the library’s speech policies, and the judge found individuals mentioned in the lawsuit were entitled to qualified immunity for other complaints.

In the decision, the judge wrote that Spiehs’ did not provide sufficient evidence that his speech had been “chilled” by the library and its policies. A chilling of public speech is one way a plaintiff can prove a First Amendment violation has occurred. However, Robinson found that Spiehs’ own words were evidence that such a chilling of his speech had not occurred. Robinson highlighted thatin an affidavit, Spiehs said he “intend(s) to return to do things that might violate all of the prohibitions of speech,” something Robinson said “dooms his claim.” She concluded Spiehs’ claims against the library “fail because the undisputed facts show that no Defendant inflicted an injury to his constitutional rights,” and since Spiehs did not “suffer a constitutional injury” the judge granted the library’s summary judgement to dismiss the case.

Summary judgment means that there was no material issue of fact to decide and that the case could be decided simply as a matter of law.

As the Journal-World reported, the suit was filed in 2023 and alleged that Spiehs was asked by police and library security personnel to leave after two public events that year while he was carrying signs. At one event, which was about how new state laws affected gender markers for transgender people, the suit says police were called after Spiehs arrived, “and it was determined that Mr. Spiehs’ sign was ‘obscene'” and that he could not be at the library with the sign; he exited the building after police arrived. At the other event, which featured a drag performer reading books aloud, the suit claims that Spiehs was told by security that he couldn’t cause a disruption at the event, and he left when two law enforcement officers showed up at the library.

In 2024, the Lawrence Public Library adopted a new free speech policy that aimed to ensure activities ranging from protests to panhandling won’t “interfere with study and enjoyment” of the library’s users, as the Journal-World reported.

Spiehs, who lives in Johnson County, had a different federal lawsuit he filed against the City of Lawrence that alleged constitutional violations tossed out in March — also by Judge Robinson — as the Journal-World reported. He has also sued Douglas County officials, the Lawrence school district and the City of Merriam after he was arrested for trespassing at a community center there.