Intellectual Freedom Manual
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I. Introduction
II. Intellectual Freedom Statement
III.
Charge
of the FLA Intellectual Freedom Committee
IV. Seeking Assistance from the FLA IF Committee
B. Materials Selection Policy: An Outline
VI. Dealing with challenges to Library Resources
VIII. Confidentiality of Patron Records
A. Legal Basis including Florida Statute
C. Library Procedures and
Confidentiality
D. RFID
E. "Opt-in" computer retention of information
XI.
Other
library policies and Intellectual Freedom
B. Exhibit Space and Bulletin Boards
E. Free Access to Libraries for
Minors
XII.
Supporting Documents
B. Interpretations of the Library
Bill of Rights
(Link information to ALA)
XIII.
Freedom
to Read Statement
XIV.
Code
of Ethics
XV.
Sources
of Assistance on Intellectual Freedom Issues
XVI. Sample Policies and Forms
A. Librarian's Report and Request for Assistance
XVII. Links to other useful documents
Intellectual
Freedom is the ability to think, to reason and to consider both ideas and
actions. It includes the ability to seek
information to help form opinions as well as the ability to express that
opinion in speech or in writing. It is
an essential part of our democratic government because it helps insure an
informed electorate and allows the public to assist in forming public opinion
through debate and discussion.
Library
workers and supporters have long understood the close tie that exists between
libraries and a strong, democratic society. They know that libraries must be able to provide access to a wide range
of materials on many different subjects and from many points of view. They understand that access must be provided
without restriction or outside scrutiny. And they know that the true answer to requests to restrict, or censor,
is more speech, not less speech. In a
true democracy, ideas are tested through examination and discussion and
libraries provide access to information on all sides of controversial issues.
This manual was first
published in 1990 and was last updated in 1993. The need for the information it provided has not diminished. In fact, in many ways, the need has greatly increased. Since the first version of the manual was
published, we have faced the terrorist attacks on September 11, 2001 and the
many challenges to Intellectual Freedom that have arisen since then. We now include the Internet in our everyday
lives. As an open source of access to
information, the Internet is unparalleled in history and this has brought new
challenges. Challenges to print or AV
material continue based on content, including words, ideas and graphics.
The Florida Library
Association believes that all citizens have a right to free inquiry and the
corollary rights to freedom of speech, freedom to read and freedom of
choice. The Association also believes
that it is a primary right and responsibility of every library worker to defend
and preserve these rights. We hope this
manual will provide guidance and support as you deal with censorship issues
from either individuals or organized groups.
The Florida Library Association Intellectual
Freedom Committee extends its gratitude to all who contributed their time,
experience and knowledge to the creation and update of this document. A special thank you to the Colorado
Association of Libraries and the Texas Library Association for their
willingness to share portions of their respective IF manuals with FLA in
preparing this handbook. The Intellectual Freedom Manual prepared
by the Office of Intellectual Freedom of the American Library Association was
another essential reference source.
"Restriction of free thought and free speech
is the most dangerous of all subversions. It is the one un-American act that
could most easily defeat us."-Supreme Court Justice William O.
Douglas," The One Un-American Act." Nieman Reports, vol. 7, no. 1
(Jan. 1953): p. 20.
The Florida Library Association holds that the freedom to read is a corollary of the constitutional guarantee of freedom of the press. Freedom of choice in selecting materials is a necessary safeguard to the freedom to read, and shall be protected against attempts by censors to abridge it. The Association believes that citizens shall have the right of free inquiry and the equally important right of forming their own opinions, and that it is of the utmost importance to the continued existence of democracy that freedom of the press in all forms of public communication be defended and preserved. The Florida Library Association subscribes in full to the principles set forth in the LIBRARY BILL OF RIGHTS of the American Library Association, Freedom to Read Statement, and interpretative statements adopted thereto.
The Intellectual Freedom Committee of the Florida Library Association is
appointed by the FLA President. Members serve two-year terms. Five new members
are selected each year to replace five whose terms have expired. Members are
appointed to reflect, insofar as possible, the broad library interests and
geographical areas of the state. The FLA President also appoints a member as
committee chair for a term of one year. To provide continuity, the outgoing
chair is normally asked to serve as a committee member the following year.
Committee Responsibilities:
IV. Assistance from the FLA Intellectual
Freedom Committee
The
Florida Library Association cannot provide legal counsel or direct funding to
handle requests for reconsideration of materials but will, through its
Intellectual Freedom Committee, offer the skills, experience and energy of its
membership to defend established intellectual freedom principles. The Florida Library Association is currently
located at 164 N.W. Madison St., Suite 104, Lake City, Florida, 32056-1571. For assistance with Intellectual Freedom
Issues, please contact the FLA Office at 386-438-5795, or fax at 386-438-5796
or email Executive Director Faye Roberts at faye.roberts@comcast.net. A
copy of the form LIBRARIAN'S REPORT AND REQUEST
FOR ASSISTANCE is included on page 25 of this document.
To help
it respond on behalf of libraries and librarians in Florida who have received
requests for reconsideration of items in their collections, the FLA
Intellectual Freedom Committee needs to be aware of such incidents. Any Library employee, Friend or trustee who
knows of a problem is encouraged to contact the FLA Office. Every effort will be made to respond to reported
incidences with guidance that is timely, practical and effective. FLA/IFC will never usurp the local
librarian's prerogative to resolve his or her own problem as the local context
deems suitable or necessary. As may be
deemed necessary, FLA/IFC will report serious incidents to the Office of
Intellectual Freedom of the American Library Association.
The best defense against the censor is careful and thorough planning prior to
an attack. Steps should include the following:
Have in place:
1.
Written mission statement defining the kinds of service the library will
offer.
2.
Written policies including but not limited to policies on material
selection and collection development, confidentiality of patron information,
meeting room use, programs and exhibits, formally adopted by the governing body
and periodically revised.
3.
Governing body endorsement of the Library Bill of Rights, the
Freedom to Read and Freedom to View statements, and other important
Intellectual Freedom documents.
4.
Written procedures which include how to handle concerns and requests for
reconsideration of materials or services.
Be prepared:
1.
Regularly train staff, volunteers and trustees about the library's
policies and the principles of intellectual freedom.
2.
Regularly train staff and volunteers in public service techniques,
including how to handle complaints or expressions of concern.
3.
Be sure that documents and forms are readily available to all staff.
4.
Know how to access local, state and national organizations with
resources to assist libraries.
5.
Be familiar with the ALA Intellectual Freedom Manual and the FLA/IFC
Intellectual Freedom Handbook.
6.
Identify local groups or individuals interested in maintaining
Intellectual Freedom in libraries and develop ongoing relationships with these
groups.
7.
Know what legal counsel is available to the library and its staff.
8.
Be familiar with local, state and federal legislation.
A mission statement is the broad, philosophical
statement of the purpose of the library, specifying the fundamental reasons for
its existence. It gives direction to the
library by establishing the scope of the library's activities and providing a
framework for and justification of the library goals, objectives and
policies. It should be adopted by the
governing body and understood by all staff and volunteers. The mission statement should be concise,
simple and direct and should establish the context for all policies supporting
the activities of the library.
The mission statement may also be expressed as a statement of principles or a guiding philosophy.
The Florida Library Association and its
Intellectual Freedom Committee believe that every library, in order to
strengthen its collection development process and to provide an objective basis
for defending material when challenged, should develop an official, written
Materials Selection Policy based on the needs of the library's users and in
conformity with the Library Bill of Rights, and that policy must be approved by the
library's governing authority. A written selection policy is a working
document; it should be reviewed and, if necessary, revised annually.
Elements
of a Materials Selection Policy should include:
1.
Purpose and goals of the library (mission statement, principles,
philosophy and/or goals).
2.
Purpose
of the Material Selection policy.
3.
Community profile (description of clientele to be served).
4.
Organization of the selection process.
C.
Sample Policies
Links to several sample
policies
can be found at the end of this document.
D.
Maintain a clearly defined method for handling complaints
At some point, every good
library will receive complaints and expressions of concern. It is the responsibility of every library
worker to handle these complaints in a respectful and fair manner. The complaints that library staff and
governing authorities often worry about the most are challenges to library
materials and access policies. No matter
how well a library prepares, it will not prevent all complaints from
coming. The key to successfully handling
these complaints is to be sure the library staff and the governing authorities
are all knowledgeable about the complaint procedures and their implementation.
A.
Internal Response
B.
External Response
Librarians and library workers are censors
when they:
A.
Fail to acquire a title that the public would find useful and is within
the selection policy but might cause questions or controversy.
B.
Limit a class of users from certain materials.
C.
Place materials on possibly sensitive issues on restricted shelves.
D.
Label some materials in order to "warn" possible users.
E.
Respond to a challenge by removing materials without benefit of
reconsideration process.
F.
Avoid updating selection or reconsideration policy that is out of date
rather than facilitate governing board understanding the Library Bill of Rights
and how its interpretations apply.
G.
Obliterate or otherwise change illustrations or language in material in
order to avoid possible complaints.
H.
Argue that to present all points of view on a subject would offend some
users.
I.
Deny library use to someone based on age, gender, views or background.
J.
Assist in developing institutional policies that exclude some users
from free access.
K.
Cooperate in violating a user's right to privacy of library records.
L.
Provide meeting room space to some groups rather than others based on
intent to limit free expression.
M.
Limit acquisition of library cards based on age or grade level.
N.
Charge fees or require deposits for some users based on discrimination
against certain groups.
O.
Shrink from providing completely free access to materials that they
find disagreeable.
P.
Neglect services that provide full access to individuals with physical
or mental impairment.
Q.
Remove an issue of a periodical or restrict access.
R.
Ignore the responsibility for educating the public on the role
libraries play in a democratic society.
S.
Neglect the duty of instruction in new technology.
Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press, or the right of the people
peaceably to assemble, and to petition the Government for a redress of
grievances.
(1) All registration and
circulation records of every public library, except statistical reports of
registration and circulation, are confidential and exempt from the provisions
of s. 119.07(1) and from s. 24(a) of Art. I of the State Constitution.
(2) As
used in this section, the term "registration records" includes any
information that a library requires a patron to provide in order to become
eligible to borrow books and other materials, and the term "circulation
records" includes all information that identifies the patrons who borrow
particular books and other materials.
(3)(a) Except in accordance with a
proper judicial order, a person may not make known in any manner any
information contained in records made confidential and exempt by this section,
except as otherwise provided in this section.
(b)
A
library or any business operating jointly with the library may, only for the
purpose of collecting fines or recovering overdue books, documents, films, or
other items or materials owned or otherwise belonging to the library, disclose
information made confidential and exempt by this section to the following:
1. The
library patron named in the records;
2. In
the case of a library patron less than 16 years of age, the parent or guardian
of that patron named in the records;
3. Any
entity that collects fines on behalf of a library, unless the patron is less
than 16 years of age, in which case only information identifying the patron's
parent or guardian may be released;
4. Municipal
or county law enforcement officials, unless the patron is 16 years of age, in
which case only information identifying the patron's parent or guardian may be
released; or
5. Judicial
officials.
(4) Any person who violates this section
commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083
B.
Confidentiality Policy
It is highly recommended that each library adopt a policy that specifically recognizes its circulation records and other records identifying the names of library users to be confidential. (Link to sample policies)
Elements of a Policy
on Confidentiality of Patron Records includes:
i.
Required information, as for circulation
ii.
Automatic, as with some web-based services
iii.
Voluntary, as when engaging in email based reference
C.
Library Procedures and Confidentiality
Libraries have to
take care that they consider privacy in all areas of library operation, and
that operating procedures support Privacy and Confidentiality Policy. Some areas to consider:
2.
Examples of confidentiality violation
a. Users requesting names of
books checked out by other family members, even parents requesting names of
books checked out to a minor child if that item is not overdue.
b. A husband wishing to pick
up a reserve book for his wife without written permission.
c. Public sign-up sheets for
use of computers or other library resources.
d. First and last names of
children at storytimes on name tags, etc.
e. Teachers requesting reading
records or lists of who has overdues with the names of the books included.
f. A parent wanting to know if
their teenager has used the library computer.
g. A police officer wanting to
know who checked out an item found near a crime scene without a valid warrant
or subpoena.
h. Due date receipts with the
users name and the name of the books printed on the receipt.
D.
RFID
E.
"Opt in" to computer records retention
Computers are now
able to store information in a variety of ways that adds to the ease and
convenience of the user. People have
become accustomed to this convenience in other areas of their lives and are
willing to bring that convenience to their library experience. For example, Amazon keeps track of books
their customers have ordered, and then lets them know when a favorite author puts
out a new title. Many library users would
like that service in the library, as well. However, libraries are concerned about maintaining the type of records
necessary to provide that service even though the technology is readily
available because of the issue of confidentiality. So many library workers ask, should a library
refuse to provide a service demanded by their public or should they compromise
their ethical principles?
One option is to provide the service as something
the user could opt-in to. The user could
make the positive choice for convenience at the expense of increased
confidentiality or he or she could chose to forgo the enhancement. Whenever possible, the library should resist
making the collection of unnecessary data automatic and requiring the user to
opt-out, but should allow users the ability to opt-in.
A.
Meeting with the law enforcement officer
1.
Designate one person who will be responsible for dealing with requests
from law enforcement. That person is
usually the Library Director or his/her designee.
2.
If a library staff member is approached by law enforcement, he/she
should immediately refer the officer to the library director or designated
administrator who will request identification.
3.
When meeting with law enforcement, the administrator should always have
another library colleague in attendance.
4.
Be courteous but firm in explaining the library position. Explain that the library will comply when
provided with a proper judicial order. It is not only a violation of the Florida Statute to disclose
confidential information, it might harm the case under investigation if
information is obtained illegally.
5.
Provide a copy of the library policy and the Florida Statute. Many law enforcement agents are not aware of
the law governing library confidentiality.
6.
Resist attempts at persuasion, coercion or appeals to patriotism. The sooner the officer realizes that the
library will not provide the information requested, the sooner he or she will
take the necessary court action if they have the grounds to do so.
7.
Call your legal counsel. Report
any threats or coercion to your attorney and seek their counsel.
8.
Refer any subpoena received to the counsel for review before taking any
action. Through the attorney, require
that any defects in the subpoena be corrected before the records are released. The subpoena must be limited strictly to
required release of only specifically identified records and documents.
9.
Should the party requesting information be required to submit a new
subpoena, repeat the entire process.
10. The library administrator
and legal counsel should review any information that may be produced in response
to a subpoena and insure that only the exact information requested is
provided.
11. If a court rules disclosure
is required, request that the court issue an order to keep any information
produced strictly confidential and limited to the purposes of the case.
12. Develop
a public information statement that can be distributed to members of the
public, the media or law enforcement explaining the principles behind library
confidentiality. The library emphasis on
confidentiality exists because the First Amendment protects every American's
rights to read and view information and decide for themselves their points of
view and opinions. It does not apply
only to popular beliefs, but also protects the right to hold and espouse
unpopular beliefs and even protects dissent. State laws protecting the confidentiality of library information reflect
a knowledge that public access to personally identifiable information would
have a chilling effect on an individuals right to explore the widest variety of
information. An individual's reading
habits cannot be equated with his or her character or beliefs. Should there be reasonable grounds for
believe that library records are involved with a criminal act, an avenue is
provided to grant access to that information.
The
USA Patriot Act stands for the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT)
Act. It was passed shortly after the
terrorist attacks of September 11, 2001 to amend 15 federal statutes, and
expanded the powers of the FBI and law enforcement to gather information and
conduct surveillance. It was reauthorized on March 9, 2006 with modification.
Libraries
strive to provide access and information to patrons in a free and open
environment. This is possible only when patrons believe that privacy and
confidentiality are secure. It is the stated position of the FLA, as well as
many other library and civil liberties organizations, that certain provisions
of the Patriot Act threaten the bond of trust between libraries and their
users. While law enforcement has always had access to library records in
criminal cases, the Patriot Act extends the powers of government beyond to
include the realm of intelligence. And though law enforcement was previously
required to obtain warrants and subpoenas through the court system, the Patriot
Act allows access to library records through the Foreign Intelligence
Surveillance Act (FISA), the legal proceedings of which are secret.
A.
Applying the Patriot Act to libraries
1.
Section 215 permits FBI agents to
obtain library records in a wide variety of formats, including paper copies,
books, floppy drives, and computer hard drives. Furthermore, disclosure of the
request is limited to "any person to whom disclosure is necessary to comply with
such order." The reauthorization explicitly stated that an attorney may also be
consulted.
2.
Section 505 deals with FBI access to
records of electronic communication. However, the reauthorization seems to
exempt libraries from this provision.
B. Handling a law
enforcement inquiry
1.
Have a policy in place to handle law
enforcement inquiries.
2.
Seek legal counsel before acting. In the case of inquiries or demands for records under the Patriot Act, a
gag order will likely be in place. This means that those involved with the
inquiry may not disclose information or discuss the matter with anyone,
including the patron whose records are in question. However, legal counsel may
be sought through an attorney that serves the library. For those libraries
without access to an attorney, legal counsel from the Freedom to Read
Foundation's Office for Intellectual Freedom (OIF) will provide assistance
(1-800-545-2433, ext. 4223). Inform the OIF staff that you require legal
assistance, but do not disclose any other information until you speak with
legal counsel.
3.
Be prepared to comply with the order. FISA letters do not provide many options for appeal.
XI. Other
library policies and Intellectual Freedom
Although intellectual freedom issues are
most frequently thought of in connection with library materials and patron
confidentiality, they also cover all access to library facilities and
services. Policies in these areas should
confirm the same rights as are covered in Materials Selection and
Confidentiality Policies. They should
unequivocally state that services will be provided without prejudice, and that
access or service will not be denied based on content, but only limited based
on time, place or manner when those factors are equitably applied.
1. If meeting rooms in libraries supported by public
funds are made available to the general public for non-library sponsored
events, the library may not exclude any group based on the subject matter to be
discussed or based on the ideas that the group advocates.
2. Written policies for meeting room use should be stated
in inclusive rather than exclusive terms such as the library's facilities are
open "to organizations engaged in educational, cultural, intellectual, or
charitable activities."
3. Factors that may be include are:
a. Frequency of use.
b. If meetings must be open to the public.
c. If meetings must be free.Allowing a charge can indirectly restrict
access to library meeting rooms based on an individual's or group's ability to
pay.
B. Exhibit Spaces and Bulletin Boards
1. The use of exhibit spaces and bulletin boards should
mirror the collection development philosophy of the library and should conform
to the Library Bill of Rights.
a. Space should be made available "on an equitable
basis, regardless of the beliefs or affiliations of individuals or groups
requesting their use."
b. "Materials should not be excluded because of the
origin, background, or views of those contributing to their creation."
c. "Materials should not be proscribed or removed
because of partisan or doctrinal disapproval."
2. Displays should present a variety of viewpoints.
4. Written policies for exhibits and bulletin board use
should be stated in inclusive rather than exclusive terms such as the library's
facilities are open "to organizations engaged in educational, cultural,
intellectual, or charitable activities."
3. Content neutral limitations, such as frequency and
duration of use, may be set.
The
Internet is now a major source of information for most people and is an
essential part of library service. Increasingly, it is also a vital method of communication, particularly
in the realm of e-government. It is
essential that every library have a policy on Internet use. Some elements that should be included are:
1. The principles of Intellectual Freedom do not change,
regardless of the format. The library
does not exist to limit access to information.
2. However, a disclaimer should be included warning that
the Library cannot be responsible for what is found on the Internet.
3. A statement defining acceptable use.
4. Any limitations on use for minors.
5. Any use of filtering, and the ways filters can be
unblocked if used.
One
new area of Internet use that has recently come under special attention is
social networking. Increasingly popular
as a communications tool, especially with young people, social networking sites
are generating increasing concern for the safety and welfare of young users,
especially among legislators. At the
Federal level, the Deleting Online Predators Act, or DOPA, is still on
hold. State level versions of this
legislation, which are aimed at barring access to these sites from libraries,
are regularly introduced. While
resisting legislated mandates, FLA, ALA and other library organizations
strongly recommend education on using these tools safely.
E. Free access to libraries for minors
The
Library Bill of Rights states, "A person's right to use a library should not be
denied or abridged because of origin, age, background, or views." One of the most frequently challenged, and
most frequently abused, principles of library service, this is an area that
every library should pay special attention to. Some age-based limitations may include, but are not limited to:
1. Restricting access to reference
areas or areas of the stacks that are otherwise open to the public.
2. Issuing limited access cards, or otherwise restricting
the circulation of materials, based on the age or school grade level of the
user.
3. Sequestering or otherwise restricting access to
materials because of its content and/or requiring written permission of a
parent or guardian to access restricted materials.
4. Restricting access to or refusing to process
Interlibrary Loans, electronic reference or other services based on age or
school grade level.
5. Restricting access to materials because of their
format, such as videocassettes or DVD's, based on age or school grade level.
6. Restricting access to library sponsored programs or
events otherwise designed for general audiences, based on age or school grade
level.
Most
concerns are couched in terms of possible behavior issues, i.e., children will
be disruptive if allowed to visit any area of the library, use equipment or
attend programs utilized by adults. These problems of behavior can be addressed by the library Code of
Conduct statement, and should apply to every user of the library.
The
American Library Association affirms that all libraries are forums for
information and ideas, and that the following basic policies should guide their
services.
--------------------------------------------------------------------------------
Adopted
June 18, 1948, by the ALA Council; amended February 2, 1961; January 23, 1980;
inclusion of "age" reaffirmed January 23, 1996.
Note:
>From time to time, the American Library Association issues interpretations of
the Library Bill of Rights on such topics as videotapes for children and
young people, labeling of library materials, library meeting rooms and exhibit
spaces, and sexism and racism in library materials. Links to these appear on
the Table of Contents above or are available without charge from the Office for
Intellectual Freedom of the American Library Association (50 East Huron Street,
Chicago, IL 60611; 1-800-545-2433 Ext. 4223).
Interpretations of the Library Bill of Rights (external
links, only)
1. Access for
Children and Young Adults to Nonprint Materials
2. Access to
Electronic Information, Services, and Networks
5. Diversity
in Collection Development
6. Economic
Barriers to Information Access
7. Evaluating
Library Collections
8. Exhibit
Spaces and Bulletin Boards
9. Expurgation
of Library Materials
10. Free Access
to Libraries for Minors
11. Intellectual
Freedom Principles for Academic Libraries
13. Library-Initiated
Programs as a Resource
14. Meeting
Rooms
15. Privacy
http://www.ala.org/ala/aboutala/offices/oif/statementspols/statementsif/interpretations/privacy.cfm
16. Restricted
Access to Library Materials
17. The
Universal Right to Free Expression
The freedom to read is essential to our
democracy. It is continuously under attack. Private groups and public
authorities in various parts of the country are working to remove or limit
access to reading materials, to censor content in schools, to label
"controversial" views, to distribute lists of
"objectionable" books or authors, and to purge libraries. These
actions apparently rise from a view that our national tradition of free
expression is no longer valid; that censorship and suppression are needed to
counter threats to safety or national security, as well as to avoid the
subversion of politics and the corruption of morals. We, as individuals devoted
to reading and as librarians and publishers responsible for disseminating
ideas, wish to assert the public interest in the preservation of the freedom to
read.
Most attempts at suppression rest on a denial
of the fundamental premise of democracy: that the ordinary individual, by
exercising critical judgment, will select the good and reject the bad. We trust
Americans to recognize propaganda and misinformation, and to make their own
decisions about what they read and believe. We do not believe they are prepared
to sacrifice their heritage of a free press in order to be "protected"
against what others think may be bad for them. We believe they still favor free
enterprise in ideas and expression.
These efforts at suppression are related to a
larger pattern of pressures being brought against education, the press, art and
images, films, broadcast media, and the Internet. The problem is not only one
of actual censorship. The shadow of fear cast by these pressures leads, we
suspect, to an even larger voluntary curtailment of expression by those who
seek to avoid controversy or unwelcome scrutiny by government officials.
Such pressure toward conformity is perhaps
natural to a time of accelerated change. And yet suppression is never more
dangerous than in such a time of social tension. Freedom has given the United
States the elasticity to endure strain. Freedom keeps open the path of novel
and creative solutions, and enables change to come by choice. Every silencing
of a heresy, every enforcement of an orthodoxy, diminishes the toughness and
resilience of our society and leaves it the less able to deal with controversy
and difference.
Now as always in our history, reading is
among our greatest freedoms. The freedom to read and write is almost the only
means for making generally available ideas or manners of expression that can
initially command only a small audience. The written word is the natural medium
for the new idea and the untried voice from which come the original
contributions to social growth. It is essential to the extended discussion that
serious thought requires, and to the accumulation of knowledge and ideas into
organized collections.
We believe that free communication is
essential to the preservation of a free society and a creative culture. We
believe that these pressures toward conformity present the danger of limiting
the range and variety of inquiry and expression on which our democracy and our
culture depend. We believe that every American community must jealously guard
the freedom to publish and to circulate, in order to preserve its own freedom
to read. We believe that publishers and librarians have a profound
responsibility to give validity to that freedom to read by making it possible
for the readers to choose freely from a variety of offerings.
The freedom to read is guaranteed by the
Constitution. Those with faith in free people will stand firm on these
constitutional guarantees of essential rights and will exercise the
responsibilities that accompany these rights.
We
therefore affirm these propositions:
Creative
thought is by definition new, and what is new is different. The bearer of every
new thought is a rebel until that idea is refined and tested. Totalitarian
systems attempt to maintain themselves in power by the ruthless suppression of
any concept that challenges the established orthodoxy. The power of a
democratic system to adapt to change is vastly strengthened by the freedom of
its citizens to choose widely from among conflicting opinions offered freely to
them. To stifle every nonconformist idea at birth would mark the end of the
democratic process. Furthermore, only through the constant activity of weighing
and selecting can the democratic mind attain the strength demanded by times
like these. We need to know not only what we believe but why we believe it.
Publishers
and librarians serve the educational process by helping to make available
knowledge and ideas required for the growth of the mind and the increase of
learning. They do not foster education by imposing as mentors the patterns of
their own thought. The people should have the freedom to read and consider a
broader range of ideas than those that may be held by any single librarian or
publisher or government or church. It is wrong that what one can read should be
confined to what another thinks proper.
No
art or literature can flourish if it is to be measured by the political views
or private lives of its creators. No society of free people can flourish that
draws up lists of writers to whom it will not listen, whatever they may have to
say.
To
some, much of modern expression is shocking. But is not much of life itself
shocking? We cut off literature at the source if we prevent writers from
dealing with the stuff of life. Parents and teachers have a responsibility to
prepare the young to meet the diversity of experiences in life to which they
will be exposed, as they have a responsibility to help them learn to think
critically for themselves. These are affirmative responsibilities, not to be
discharged simply by preventing them from reading works for which they are not
yet prepared. In these matters values differ, and values cannot be legislated;
nor can machinery be devised that will suit the demands of one group without
limiting the freedom of others.
The
ideal of labeling presupposes the existence of individuals or groups with
wisdom to determine by authority what is good or bad for others. It presupposes
that individuals must be directed in making up their minds about the ideas they
examine. But Americans do not need others to do their thinking for them.
It
is inevitable in the give and take of the democratic process that the
political, the moral, or the aesthetic concepts of an individual or group will
occasionally collide with those of another individual or group. In a free
society individuals are free to determine for themselves what they wish to
read, and each group is free to determine what it will recommend to its freely
associated members. But no group has the right to take the law into its own
hands, and to impose its own concept of politics or morality upon other members
of a democratic society. Freedom is no freedom if it is accorded only to the
accepted and the inoffensive. Further, democratic societies are more safe,
free, and creative when the free flow of public information is not restricted
by governmental prerogative or self-censorship.
The
freedom to read is of little consequence when the reader cannot obtain matter
fit for that reader's purpose. What is needed is not only the absence of
restraint, but the positive provision of opportunity for the people to read the
best that has been thought and said. Books are the major channel by which the
intellectual inheritance is handed down, and the principal means of its testing
and growth. The defense of the freedom to read requires of all publishers and
librarians the utmost of their faculties, and deserves of all Americans the
fullest of their support.
We state these propositions neither lightly
nor as easy generalizations. We here stake out a lofty claim for the value of
the written word. We do so because we believe that it is possessed of enormous
variety and usefulness, worthy of cherishing and keeping free. We realize that
the application of these propositions may mean the dissemination of ideas and
manners of expression that are repugnant to many persons. We do not state these
propositions in the comfortable belief that what people read is unimportant. We
believe rather that what people read is deeply important; that ideas can be
dangerous; but that the suppression of ideas is fatal to a democratic society.
Freedom itself is a dangerous way of life, but it is ours.
This statement was originally issued in May
of 1953 by the Westchester Conference of the American Library Association and
the American Book Publishers Council, which in 1970 consolidated with the
American Educational Publishers Institute to become the Association of American
Publishers.
Adopted June 25, 1953, by the ALA Council and
the AAP Freedom to Read Committee; amended January 28, 1972; January 16,
1991; July 12, 2000; June 30, 2004.
A Joint Statement by:
American Library
Association
Association of American Publishers
Subsequently endorsed by:
American Booksellers
Foundation for Free Expression
The Association of American University
Presses, Inc.
The Children's Book Council
Freedom to Read
Foundation
National Association of College Stores
National Coalition Against Censorship
National Council of Teachers of English
The Thomas Jefferson
Center for the Protection of Free Expression
As members of the American Library
Association, we recognize the importance of codifying and making known to the
profession and to the general public the ethical principles that guide the work
of librarians, other professionals providing information services, library
trustees and library staffs.
Ethical dilemmas occur when values are in
conflict. The American Library Association Code of Ethics states the values to
which we are committed, and embodies the ethical responsibilities of the
profession in this changing information environment.
We significantly influence or control the
selection, organization, preservation, and dissemination of information. In a
political system grounded in an informed citizenry, we are members of a
profession explicitly committed to intellectual freedom and the freedom of
access to information. We have a special obligation to ensure the free flow of
information and ideas to present and future generations.
The principles of this Code are expressed in
broad statements to guide ethical decision making. These statements provide a
framework; they cannot and do not dictate conduct to cover particular
situations.
Adopted June 28,
1997, by the ALA Council; Amended January 22, 2008.
Florida Library Association
Intellectual Freedom Committee or
Executive Director
Faye Roberts
164 N.W. Madison
St., Suite 104
Lake City,
Florida.
386-438-5795
Fax 386-438-5796
faye.roberts@comcast.net; http://www.flalib.org/
Office of Community
Development
State Library and
Archives of Florida
R.A. Gray Building
Tallahassee, FL 32399-0250
Ph 850-245-6636
Fax
850-245-6643
http://dlis.dos.state.fl.us/bld/
Office for Intellectual Freedom
American Library Association
50 East Huron Street
Chicago, IL 60611
1-800-545-2433 Ext 4223
Fax: 312-280-4227
oif@ala.org
Freedom to
Read Foundation
50 East Huron Street
Chicago, IL 60611
Telephone: 800-545-2433, ext. 4226
Fax: 312-280-4227
ftrf@ala.org; http://www.ftrf.org/
American Civil Liberties Union of Florida
225 N.E. 34th Street, Suite 208
Miami, FL 33137
305-576-2337
People For the American Way
2000 M Street, N.W., Suite 400
Washington, DC 20036
202-467-4999
Request for Reconsideration forms
Texas
Library Association: http://www.txla.org/pubs/ifrfrfrm.html
State
Library of Michigan: http://www.michigan.gov/hal/0,1607,7-160-17445_19270_28981-101797--,00.html
Request for Reconsideration policy
Northeast
Iowa Library Service Area: http://www.neilsa.org/consulting/XYZ/reconsider.html
Meeting Room policy
Jacksonville
Public Library: http://jaxpubliclibrary.org/lib/rooms/branches.html
Ripon
Public Library: http://www.riponlibrary.org/pdf/Meeting_room_policy.pdf
Clearwater
Public Library: http://myclearwater.com/cpl/meetingroom-rez.asp
Lake
County Library System: http://www.lakeline.lib.fl.us/tools/planning_documents/pdfs/LCC61.pdf
Orange
County Library: http://www.ocls.info/About/BOT/PDFs/Policies/MeetingRoomPolicy.pdf
Pasco
County Library System: http://pascolibraries.org/files/policies/MeetingRoomPolicy.pdf
Santa Rosa
County Library System: http://www.co.santa-rosa.fl.us/libraries/documents/meetingroom072506.swf
Meeting Room application form
Jacksonville
Public Library: http://jpl.coj.net/common/pdfs/meetingroom_branch_2009.pdf
Lake
County Library System: http://www.lakeline.lib.fl.us/tools/planning_documents/pdfs/LCC61-AttachmentB.pdf
Manatee
County Public Library: http://www.co.manatee.fl.us/library/master.html
Sarasota
County Libraries: http://suncat.co.sarasota.fl.us/Services/MeetingRoom.aspx
Hillsborough
County Public Library Cooperative: http://www.hcplc.org/hcplc/tech/forms/mtgrm_application.pdf
Exhibit Space policy
Pasadena
Public Library: http://www.ci.pasadena.ca.us/library/exhibit-policy.asp
Largo
Public Library: http://www.largo.com/egov/docs/794521187789585.htm
Orange
County Library: http://www.ocls.info/About/BOT/PDFs/Policies/BulletinBoardBrochureDisplayPolicyUpdate.pdf
Pasco
County Library System: http://pascolibraries.org/files/policies/DisplayCasesPolicy.pdf
Exhibit Space application form
Atlanta-Fulton Co. Public: http://www.afplweb.com/cms/images/stories/files/Forms/APPLICATION%20FOR%20TEMPORARY%20EXHIBITS.pdf
Samford
University: http://library.samford.edu/about/policy/exhibitspace.pdf
Materials Selection policy
University
of North Florida: http://www.unf.edu/library/guides/colldev98.html
Boca
Raton Public Library: http://www.bocalibrary.org/cd_guidelines.htm
Lake
County Library System: http://www.lakeline.lib.fl.us/tools/planning_documents/pdfs/LCC11.pdf
Orange
County Library: http://www.ocls.info/About/BOT/PDFs/Policies/MaterialsManagementPolicyJan2005.pdf
Pasco
County Library System: http://pascolibraries.org/files/policies/cdpolicy05abridged.pdf
Sarasota
County Libraries: http://suncat.co.sarasota.fl.us/Services/CollectionDevelopment.aspx
Alachua
County Library: http://www.aclib.us/index.php?site_area=about_the_library&page=using_the_library&sub_page=confidentiality
Largo
Public Library: http://www.largo.com/egov/docs/856141181068499.htm
Hernando
County Public Library: http://www.hcpl.lib.fl.us/about_privacy.htm
Orange
County Library: http://www.ocls.info/About/BOT/PDFs/Policies/PrivacyPolicyRevisedNov2006.pdf
Pasco
County Library System: http://pascolibraries.org/files/policies/ConfidentialityPolicy.pdf
LIBRARIAN'S
REPORT AND REQUEST FOR ASSISTANCE
Information provided in
this report will be used by the Intellectual Freedom Committee of the Florida
Library Association (FLA) to record censorship incidents in Florida. The information will also be used by the
Committee to assist, if requested, in resolving the incident described. The
report will be treated as confidential by FLA unless the reporting librarian
authorizes otherwise.
Librarian's Name ________________________________________________________
Title ______________________________Library __________________________
Address _______________________________________________________________
Telephone ______________________(Work)___________________(Home or Mobile)
Email ________________________________________________________________
Description of Incident and Library Materials Challenged (use back of form or additional pages as needed) ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ญญ________________________________
Complainant(s) ______________________________________________________________________
______________________________________________________________________
Has Complainant filed a complaint/reconsideration form
detailing objections to library materials in question? _______________If so, please attach copy.
What action has been taken thus far? __________________________________________________________________________________________________________________________________________________________________________________________________________________
Has legal advice been sought? _______If so, from whom? ______________________
What kind of assistance (if any) is sought from FLA? ______________________________________________________________________
______________________________________________________________________
Does your library have a written Materials Selection Policy? ______________________
Has the Library's governing authority officially endorsed
the Library Bill of Rights? ____
Does FLA and the Intellectual Freedom Committee have your permission to discuss the details of this incident with other concerned organizations, including the press? _______
Signature __________________________________________ Date
_______________
Links to Other Useful Documents
RFID
in Libraries: Privacy and Confidentiality Guidelines
http://www.ala.org/ala/aboutala/offices/oif/statementspols/otherpolicies/rfidguidelines.cfm
The
USA Patriot Act in the Library
http://www.ala.org/ala/aboutala/offices/oif/ifissues/usapatriotactlibrary.cfm
Checklist for Creating an Internet Use
Policy
http://www.ala.org/ala/aboutala/offices/oif/iftoolkits/litoolkit/checklistcreating.cfm