Librarian Arrested for Selling Used National Geographic Magazines on eBay

From Library Law:

Can you get arrested for selling your library’s discarded National Geographics on eBay? Yes, if you violate state law by doing so, as a young new librarian found out. The facts of his case are jaw-dropping. 

According to the court: A 24-year-old high school librarian in Pennsylvania had the idea to sell discarded National Geographics on eBay to raise money to buy computers. His mentor told him the idea was “creative” and did not warn him against pursuing it.  He raised about $350, then contributed $300 of his own money and bought six used computers for the school library.

He was then charged with theft and misapplication of entrusted property.  He resigned from his job in exchange for getting the charges dropped. He asked the court to wipe the arrest off his record, and was initially denied.

He pursued his request, and the Superior Court of Pennsylvania ruled that the state must present some evidence that societal interest in retaining the arrest record outweighed the clear harm to the librarian.

Lesson: You’re on your own if you sell discarded government property in violation of state law, even if your mentor tells you your idea is “creative.”  Don’t do it without checking with a lawyer.

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