Utah Library Association

Libraries are keystone democratic institutions. We empower and encourage civic discourse in myriad ways. If the decisions we make together are to be wise and work well, then we will need an open and inclusive sharing of ideas, opinions, and perspectives, even the controversial ones, and as much information as we can gather, share, and consider. If people are to solve problems and answer questions in their lives, they need information. Over the years through struggle, debate, experience and careful thought, the library profession has established tried and true principles of intellectual freedom that are the foundation of the role libraries play in our nation. Topics and formats may change, but the principles and underlying role remain valid. Our emphasis must remain on providing access to information, not judging the content of materials. Judgment is up to our users.

The obligation for libraries to defend intellectual freedom is not only a moral imperative; it is a matter of self-interest and a professional tradition. Our intellectual freedoms have a sound legal basis. The United States Constitution is the cornerstone of intellectual freedom. Under the protection of the First Amendment, we have the right to seek the information we need to form our own opinions, to express those opinions, to assemble peacefully to demonstrate or share our ideas, and to criticize the powerful. These rights are not merely privileges; they are the vital tools of our democracy and the tenets of our American way of life. The freedom to know keeps you free. The freedom to know is your right under the law.

American democracy is based on the belief that people are capable of governing themselves and have the basic right to express themselves freely so they can share ideas and make informed decisions. Our nation has remained wise and strong to the extent that we have been able to exchange ideas, information, and our creative works easily and openly. America ’s libraries provide the access to ideas and facts that allow our society to flourish. Historically, libraries have been committed to the principle that knowledge and access to information can empower individuals and that it is in the public interest that the means to such empowerment be available to all. By collecting, accessing, organizing, preserving, and disseminating the rich diversity of human expression in all its varied forms, libraries ensure free speech, self government, and individual enrichment.

Although librarians, trustees, administrators, and others who affect library policies have been conditioned to think of intellectual freedom in terms of attacks by censors, the struggle over intellectual freedom is now being waged in broader arenas. When government restricts the information it holds, when media and book monopolies narrow the range of published opinions to those that are not controversial, when commercial interests put a price on information which should be public, when Internet filters over-block important resources, library supporters must recognize that these too threaten intellectual freedom.

Today, as the body of human knowledge expands dramatically and is being formatted and reorganized by revolutionary new developments in telecommunications and computing technology, it is especially important that libraries are rededicated to providing access to all, not just the privileged few who are able to pay. The plans and policies that are created today will determine the content and availability of our nation’s cultural resources tomorrow. Those shaping library plans, priorities, and policies should be aware of the profound weight their decisions carry. They have a responsibility to participate in those political processes that determine what information is available, how it will be organized and distributed, and who will have access.

Guaranteeing the free expression and exchange of information is a core responsibility of librarianship. It is also a primary duty of library trustees, school administrators, and all those who play a role in the provision of library services of all kinds. Librarians, however, are on the front lines of intellectual freedom and must be prepared to defend it when the censor attacks. Direct attacks on intellectual freedom occur when individuals or groups try to remove materials they find objectionable. Censors would prevent others from having access to ideas and information so they can make their own judgments about its worth and meaning. Instead, censors want to impose their judgments and choices on others. Librarians and library supporters must be prepared to deflect such intellectual assaults when they occur. This booklet is designed to be an “action” document to help you deal proactively with censorship issues and to respond effectively once the censor strikes. Be prepared by being informed.

INTELLECTUAL FREEDOM CHECKLIST FOR LIBRARIES

Have Regularly Reviewed and Revised Policies and Procedures in Place

_____ Material Selection Policy that clearly defines responsibilities, criteria, and procedures for selection. The library’s Material Selection Policy addresses the problem of controversial materials, outlines procedures for responding to challenges, and contains a “reconsideration form” for challenged materials. The library’s material selection policy includes the American Library Association’s Library Bill of Rights and Freedom to Read Statement, plus additional documents supporting intellectual freedom.

_____ Service Policy covering exhibits, availability of meeting rooms, and other special services.

_____ Confidentiality Policy that states the library’s position on protecting the privacy of patrons.

_____ Records Retention Schedule that outlines which records with personally identifiable information are used and kept for efficient business operations and for how long.

_____ Internet Use Policy that defines user responsibilities and appropriate use of Internet resources accessed through library computers.

_____ User Responsibilities Policy that defines appropriate patron behavior in library facilities.

_____ Law Enforcement Policy that outlines procedures for handling law enforcement inquiries regarding patrons and patron information.

Provide Regular Training Regarding Intellectual Freedom Issues

_____ Members of the library’s governing body, administration, staff, and other key library supporters are familiar with issues related to libraries and intellectual freedom.

_____ Library staff are familiar with the Material Selection Policy and procedures for responding to challenged materials. They are aware of principles of intellectual freedom and laws that support the “right to know.” They have been trained and are skilled in handling censorship encounters. They know how to practice active listening when handling complaints and they use the library’s Reconsideration Form to gather appropriate details about patron concerns.

_____ Library staff understand the importance of patrons’ right to privacy and open inquiry when using library resources. Patrons’ use of the library and choice of information resources are considered to be confidential.

_____ Library staff understand key laws that impact intellectual freedom, patron privacy, and open access to information.

_____ Library staff are familiar with the Utah Government Records Access and Management Act (GRAMA). The library has a program for classifying, archiving, retaining, and disposing of public records according to the requirements of the law. Printed and electronic records related to patron activities are not retained any longer than necessary for smooth and efficient library operations.

_____ Library staff, governing body, administrators, and legal counsel are familiar with the USA Patriot Act. All are familiar with procedures to deal with law enforcement inquiries.

_____ Library staff, governing body, administrators, and legal counsel are familiar with both the federal and state Children’s Internet Projection Act and the impacts on funding and Internet filtering.

Develop Strong Outreach and Public Relations Programs to Build Partnerships and Support in the Community

_____ The library has an active campaign for building public awareness of the need for intellectual freedom in our democratic society. Key media contacts, library supporters, and government officials are aware of “right to know” issues. The library has cultivated allies and promoted a coalition in the community for supporting and defending intellectual freedom. The Library Bill of Rights is promoted as well as defended.

_____ Library staff communicate with colleagues regarding intellectual freedom issues and actively participate in professional associations that promote free and open access to information. Challenges to library materials in print or electronic format are reported to the ULA Intellectual Freedom Committee for statewide monitoring.

_____ Library staff monitor state, local and national legislation regarding intellectual freedom issues and. They advocate for open access to the broadest possible range of information and ideas on behalf of library patrons. Strategies are in place for preempting attacks on intellectual freedom from individuals, governments, or organized pressure groups.

STEPS TO BUILDING A “RIGHT TO KNOW” ENVIRONMENT IN THE LIBRARY AND THE COMMUNITY

Individuals or groups concerned about the availability of diverse library materials often challenge libraries. Those who take a proactive approach to censorship will be less likely to face challenges and will be better able to offer a strong, reasoned defense if the challenge escalates. Being proactive means promoting a positive climate in the library and library’s community for the dissemination of information and support of diverse viewpoints. Addressing these challenges requires a balance of carefully crafted policy, knowledge and understanding of intellectual freedom principles, sensitivity to community concerns and needs, and good communication. The following are steps every library should take to build a “right to know” environment in their library:

1. Craft and maintain a Materials Selection Policy. Good written policies establish credibility, assure consistency, and assign responsibility. The policy should be in written form and crafted with the input of staff and the libraries governing authority. Their involvement will ensure that those who may need to defend library selection understand the principles of intellectual freedom. A materials selection policy should define who is responsible for selecting in what areas and formats, and the criteria used in deciding what to purchase. Criteria for selection usually includes excellence of materials based on reviews (or award winners), diversity of viewpoint, patron demand, appropriateness for a particular age group, and community needs. Be sure your materials selection policy covers all formats including audiovisual materials. It is important to include such documents as The Library Bill of Rights and Freedom to Read Statement, Diversity in Collection Development, and Freedom to View Statement. All of these documents can be found in the appendixes of this manual. Your materials selection policy, like all policies, should be reviewed regularly and revised as needed.

2. Maintain a Materials Complaint Policy and procedures. As with any public service, libraries receive complaints and expressions of concern. One of the librarian’s responsibilities is to handle these complaints in a fair and respectful manner. Often these complaints are not made by a would-be censor but by a concerned patron. Often they just need to be listened to and feel that they can voice their concerns. Handled well, such complaints often serve as an opportunity to discuss with the patron the larger issues involved. It is important that “front line” staff be trained in the art of “active listening”. Should the patron want to file a written complaint against the materials, be sure the staff is clear on the procedure for handling a written complaint. Most libraries have a Request for the Reconsideration of Library Materials for the patron to fill out. Staff need to let the patron know what steps will be followed once the form is submitted and when they can expect to receive a response from the library manager. It is essential that patron complaints be handled in a respectful and timely manner.

3. Prepare the staff. The library staff determines, to a large extent, whether there will be an atmosphere of openness and tolerance needed for intellectual freedom to flourish. It is the Library Director/Manager’s responsibility to keep staff and trustees well informed and well trained in policy, procedure, and any new challenges. Conduct periodic in-service training for staff and the governing authority. Role-play confrontational situations and responses. A confident staff will be less likely to become flustered and defensive. Also, review with your staff issues relating to the USA Patriot Act. Be sure they understand to what authority they must comply and what the procedures are when dealing with a request for patron information. See the USA Patriot Act section of this manual.

4. Build coalitions. Target specific groups in your area who may also be concerned with issues of intellectual freedom and First Amendment rights. Some likely allies may include the press and other media, educational leaders, civil rights groups, arts councils, and Friends of the Library organizations. The Utah Library Advocacy Network formed in 2004 is a group of library supporters representing all kinds of libraries. Groups that use the library’s facilities should be reminded of the value of maintaining an intellectually open atmosphere. Library board and staff participation in local civic organizations such as the area chamber of commerce, and presentations to these organizations should emphasize the library’s selection policy and intellectual freedom principles. It is better to identify and build support with these groups before a serious challenge occurs!

5. Promote patron awareness. Building awareness of the need for and challenges to intellectual openness and diversity is an important library function. It can be as informal as the day-to-day conversations you and your staff have with library patrons. Or it can be more formal as a program or display. The professional library community has worked over the years to create vehicles for raising public awareness. Such occasions as Freedom of Information Day, National Library Week, and Banned Books Week provide perfect opportunities to remind our community of their basic right to information. This can be done through posters, special displays or programs and public service announcements.

6. Keep abreast of any local, municipal, and state legislation effecting intellectual freedom and First Amendment rights. Legislation can slip through quietly and quickly without input from the professional library community.

7. Know your resources. Help is just a phone call away. The Intellectual Freedom Committee of the Utah Library Association is prepared and willing to help and advise. You can contact committee members by visiting www.ula.org

LIBRARIES, THE INTERNET, AND THE LAW

Revolutionary changes in computer and telecommunications technology now bring the world to our doorsteps instantly. Unfortunately, sometimes when the world arrives at our door, it brings disturbing images, unwelcome words, and controversial opinions.

It is possible to attach filtering software that can block access to certain categories of information on the Internet. While at first glance this might seem like an easy solution to the problem of pornography on the Internet, there are two problems with filters on the Internet. One is that filters do not block pornography as effectively as they claim, thus giving the library and the computer user a false sense of security. The other problem with filters is that they can mistakenly block information, topics, and ideas people have a right to read and that is protected by the constitution.

Two recent laws, one federal and one state, have an enormous impact on Utah libraries (particularly public libraries) and the question of whether or not to filter their public computers. The first law that was passed is the federal law, CIPA or the Children’s Internet Protection Act. This was passed in to effect by a divided Supreme Court ruling in 2003. In 2004, the Utah Legislature passed their own state version of CIPA, further restricting the funding public libraries can receive if the library chooses not to filter.

CIPA: In June 2003, the U.S. Supreme Court reversed an earlier ruling by U.S. District Court and rejected ALA’s challenge to CIPA. They stipulated that any library receiving E-rate discounts for technology related issues must put filter, or “blocking technology”, on all computers in the library. These filters must block images that meet the legal definition of pornography.

What you need to know about CIPA:

· Every public and school library receiving e-rate discounts for Internet access, service, or internal connections must have filters on all their computers by July 2004

· Libraries receiving LSTA grant funds for computers or Internet connection must also have filters installed by July 2004

· Libraries that do not receive e-rate or LSTA funds do not have to put filters on their computers

· CIPA does not apply to academic libraries

· CIPA requires that the filter only block images that meet the legal definition of obscene, child pornography, or “harmful to minors”

· Libraries cannot use e-rate funds to purchase blocking software

· In the Supreme Court ruling, an adult must be able to ask that the filter be turned off without onerous process. If the library fails to do so, they are open to a potential lawsuit.

· If a library decided to install blocking software that is CIPA compliant, certification of compliance for e-rate must be made to the FCC by July, 2004. To receive certain LSTA grant monies, libraries must submit certification of compliance to The Institute of Museum and Library Services, also by July 2004

Many public libraries throughout the country and in Utah decided that the federal funding compliance with CIPA would make them eligible for was not worth the cost of maintaining filters and the inconvenience to users and staff asking for their rights to be restored.

Unfortunately for Utah public libraries, House Bill 341 was passed in March of 2004. This bill requires any public library receiving e-rate funding or any kind of state funding must have filters on all public access Internet terminals.

What you need to know about HB 341:

If the library wishes to receive state funds, it must have an Internet policy regarding the use of the Internet by minors and an Internet filter on all computers available to the public. This filter must be set up to block images of child pornography, obscenity, and images deemed “harmful to minors”
You will also need to prepare procedures for policy enforcement, patron complaints related to the filters, and procedures for handling a patron request for the filter to be disabled
Make sure your procedures and guidelines clearly state the brand of filter being used and the categories being blocked
The law states that the library may allow a filter to be disabled only for adults, and only for “research and other lawful purposes”
The penalty for not complying with this law is loss of state development grants, loss of lender support funds, loss of eligibility for LSTA grants

This law and CIPA have forced many libraries in Utah to accept filtering, against their better judgment, and regardless of monies available to purchase filtering software. This continues to be a challenging and complex issue for libraries. One issue that merits watching is wireless Internet access for library patrons in libraries that are CIPA compliant. As demand for Internet connectivity increases, wireless seems like a good solution, especially for libraries with limited space for more computers. But must the library filter these patron laptops as well as other PCs accessible to patrons? Most seem to agree that it is reasonable to assume that CIPA’s phrase “its computers” refers to library-owned PCs, not patron-owned laptops. But keep in mind that this is only an assumption and has not been tested yet.

Acceptable Use Policies: Although between CIPA and house Bill 341 it may feel like not filtering is no longer an option, it is still an option. Whether you employ a filter or not, it is important to have a clear acceptable use statement posted on or next to your library Internet computers or on your library system home page. This statement needs to remind patrons that they are responsible for the destinations they reach when surfing the net, and that there can be legal consequences if they access illegal sites. (See Appendix J for examples of Acceptable Use Policies from other library systems.)

The Utah State Library has an invaluable resource on their homepage under Library Laws and Legislation. Here you will find a great deal of information on HB 341, CIPA, the USA Patriot Act, and information on filter comparisons. The website address is www.library.utah.gov/laws.html The ALA also has useful information on their website regarding CIPA and libraries.

WHAT TO DO WHEN YOU ARE CONFRONTED

WITH A CHALLENGE

When a pressure group with an ideological agenda targets a library for censure, it is usually not possible to resolve the issue through an initial encounter. However, most censorship attacks are made by sincerely concerned citizens who have been offended by something they have read or viewed. Such individuals may not have a broad knowledge of the principles of freedom of expression and may misunderstand the role and purpose of the library and librarians. Most censors act out of a compelling belief that they are protecting others from moral corruption. When handled carefully, complaints from these people can be resolved effectively and quickly to the mutual satisfaction of the patron and the library. Here are some steps you can take:

· Listen to the patron’s objections calmly and patiently. Be courteous. Do not argue. Sometimes a frustrated patron merely needs to vent or “blow off steam.” A reasonable listener can often diffuse the situation without committing the library to any specific action.

· If the patron is adamant about pursuing the complaint, explain the responsibility of librarians to serve people with diverse information needs and tastes which require varied viewpoints. Be prepared to supply a copy of the library’s material selection policy and explain the criteria for selection, as well as the library’s position on intellectual freedom. Give the person a copy of the Library Bill of Rights.

· If the patron persists, explain that there is a procedure for handling such complaints and that they will need to talk to the person designated to handle such questions. Bring the patron to the director or the person designated to handle challenges. That person should also hear the patron out and restate the library’s selection policy and position on intellectual rights before anything is put into writing.

· If discussion fails to resolve the challenge, initiate the library’s complaint or reconsideration procedure as outlined in the material selection policy. The objection should be clearly stated and documented in a detailed manner. Complaint procedures will differ from library to library but should always be pursued expeditiously and fairly. The patron must be given realistic expectations about what will follow.

· Notify the appropriate library authorities which will differ according to the library’s type and governance structure. Depending up on the severity and urgency of the challenge, notify the Utah Library Association’s Intellectual Freedom Committee and the American Library Association’s Office of Intellectual Freedom.

· The written complaint is examined according to the procedure adopted in the material selection policy. A well reasoned response is made and includes a justification and supporting documents. The results are communicated to the complainant, including any explanation of procedures that are required.

· If the party filing the complaint is not satisfied with the response, an appeal to the library board may follow. The appeal process should be outlined in the material selection policy.

· If pressure to remove the materials threatens to escalate, bring the matter to the public’s attention as soon as possible. Remember, it is the public’s right to know that is threatened. The staff and governing authority should be informed and their support encouraged. Alert the ULA Intellectual Freedom Committee. Activate any support groups or coalitions. Seek support of the local press or media. If warranted, seek legal advice.

· Keep a written record of what happens, including telephone calls received and what was said by whom and when. Favorable responses may be needed when building support. Critical responses may need to be answered.

Libraries play the role of fair brokers for the public’s right to have access to diverse points of view so that people can make up their own minds. Increasingly, pressure groups with ideological agendas are attempting to limit the information and opinions available to the public. Such attempts can come from groups anywhere on the political spectrum, left or right. In recent years, however, most of the groups that have challenged library materials could be described as “far right” and often describe themselves as “pro-family.” They have mostly targeted schools by trying to shape curriculums to fit their values and points of view. Libraries, however, have not been immune.

Think about strategies to preempt these attacks by addressing them in a positive way before they are used against the library. A proactive approach can make a big difference.

A number of excellent resources are available to guide you through a censorship challenge. See Appendices I and J for selected titles and web sites.

GOVERNMENT INFORMATION:

YOU HAVE A RIGHT TO KNOW

Two of the founding principles of our democratic way of life in the United States are that governments should be accountable to citizens and citizens should be informed about government activities and actions. People in our country have a right to question and evaluate those in power through an understanding and examination of foreign policy, domestic policy, funding priorities, and all aspects of public policy. Utah libraries can play a vital role in supporting these democratic principles by providing the public with information by and about their government.

Depository programs for federal and state governments exist to ensure that important government information is available in libraries where it can be freely accessible to the public. Certain libraries throughout the state have been designated as official depositories for the Federal Depository Library Program and the Utah Publications Depository Program. Library staff are encouraged to learn more about these depository programs in order to make effective and appropriate referrals to libraries where collections of government information are available. Depository collections are especially useful for historical materials.

The vast majority of current government information is distributed in electronic format. This makes it possible for every library to provide access to government information that is of importance to being informed. Government Web sites offer citizens easy access to recent information about important government activities such as research, publishing, and the development of legislation and regulations that impact our lives.

A significant amount of government information is not considered “public information” and therefore is not distributed to depositories or made available on government web sites. Since September 11, 2001, legislation and administrative rulings have restricted the distribution of government information deemed sensitive for security reasons. Government secrecy creates restrictions on distribution of and access to information that diminishes government accountability and the public’s “right to know.” Procedures related to the federal Freedom of Information Act (FOIA) and Utah’s Government Records Access and Management Act (GRAMA) should be known by library staff in order to help citizens obtain access to other government information. Librarians can be effective advocates for open government.

GRAMA establishes a “presumption of openness,” a supposition that Utah’s government records are open to the public. GRAMA provides that unless a statute expressly restricts the public’s access to a record held by a Utah government agency, the public may inspect and copy that record. GRAMA applies to all Utah government agencies and publicly funded libraries, including public, higher education, school, and government agency libraries. Library records such as board minutes, purchase records, information about employee compensation, job descriptions, job qualifications, and certain planning documents must be accessible. GRAMA requires librarians to classify, archive, retain, and dispose of their records according to specific guidelines and time frames.

GRAMA also identifies specific records that may be withheld from public inspection, especially where individual privacy rights are at stake (see “Confidentiality”). Libraries that receive requests to inspect their records should, at a minimum, consult GRAMA before responding to those requests. GRAMA not only classifies various kinds of records, it also sets deadlines for responding to record requests, and it imposes penalties on agencies that fail to respond properly to requests.

CONFIDENTIALITY

In a free and open society that supports and encourages the exercise of free speech, free thought, and free association, confidentiality and privacy are essential. The ALA Library Bill of Rights states, “Protecting user privacy and confidentiality has long been an integral part of the mission of libraries…confidentiality is crucial to freedom of inquiry.”

The majority of states, including Utah, provide specific statutorily laws addressing the issue of privacy. What information is public? What information is private? The Utah Code specifically states in section 63-2-302 what records are considered private. Section C of section 63-2-302 reads, “records of publicly funded libraries that when examined alone or with other records identify a person,” are considered private records. This would include library card application information, checkout information, overdue notices, any circulation history kept in the computer in a patron’s record, and even computer sign up sheets that may identify the user.

In contrast, Utah’s Government Records Access and Management Act (known as GRAMA) establishes a “presumption of openness” in regards to governmental records. GRAMA provides that unless a statute expressly restricts the public’s access to a record held by a Utah governmental agency (such as in section 63-2-302 of the Utah Code), the public may inspect and copy that record. So what library records are open to the public? Records such as library board minutes and agendas, purchase records, employee salaries, job descriptions and qualifications, and certain planning documents must be accessible. This applies to public, higher education, school, and government agency libraries. It is very important that libraries, which do receive a request to examine records, consult GRAMA before responding to the request. GRAMA not only classifies various kinds of records, it also sets deadlines for responding to the request. GRAMA also imposes penalties on agencies that fail to respond properly to requests.

How does the USA Patriot Act impact all of this? In a nutshell, if used by the appropriate agencies, the USA Patriot Act supercedes GRAMA and any other state laws protecting patron records. Requests for patron information made under the USA Patriot Act must come from the FBI. The requests are not valid if coming from state/local agencies. Although it is incumbent upon us as professionals to protect and defend patron confidentiality and privacy, we need to balance these principles with our obligations to federal law. The ALA provides excellent information on the USA Patriot Act on it’s website: www.ala.org/alaorg/oif/usapatriotact.html Also be sure to read the section in this manual on the USA Patriot for more specifics on how to handle requests from the FBI for patron information.

Your library should have a clearly stated Confidentiality Policy that informs patrons of your commitment to protecting their privacy about what they choose to read, listen to and view. Your Confidentiality Policy is your publicly stated vow to protect patron privacy and should serve as your guideline for handling inquiries from law enforcement officials that do not include a court issued warrant or subpoena. Information about patrons’ activities in accessing and using information resources must not be disclosed or released without a warrant or subpoena. A Records Retention Schedule identifies all the personally identifiable information you collect and use related to patron activities, such as circulation records and sign up sheets for Internet access. It is recommended that you keep such personal information for a determined period of time and no longer than is necessary for efficient business operation.

PUBLIC LIBRARY TRUSTEES: A VOICE FOR ALL

Public library boards of trustees are a key component of America ’s public library system. When there is a board of trustees to make plans and policies for the public library, all citizens of a community have a voice in the decisions which shape their library and its services. When trustees are playing their role the public library is freely open to all. The library then becomes a resource for the broadest range of information needs. And, the library preserves democracy by providing citizens with the information they need to make critical political as well as personal choices.

Library boards represent all members of the community, not just the majority.

Being a public library trustee is an important public trust. Trustees have a duty to see beyond their individual points of view and act to preserve and defend the values and opinions of everyone. In a diverse society where people are free to disagree with one another, dissent from the majority, and vigorously espouse individual beliefs, the library as a public institution should make room for all points of view, even those that are controversial. In American, after all, we often agree to disagree and believe that when ideas are exchanged freely, the answers we need will arise. We do not create consensus through suppression. American public libraries are cherished by Americans and admired and respected throughout the world because they expand access to information, not because they limit access. Boards ensure that the minority opinion has equal representation.

Library boards function as a buffer against exclusive practices.

Some groups would prefer to impose their agenda on a community and exclude dissenting ideas. The board should protect all voices and all opinions within the community. The most effective board policies are those that remain committed to their original goals and are not in response to emotional appeals.

Trustees make policy, they do not select

The public library trustee, in partnership with the library’s director and staff, makes plans and policies for the library. They then monitor to make sure the plans and policies they have set are followed. Collection development policies set the criteria and target areas for materials selection and acquisition. Those criteria are in keeping with the library’s mission and service role in the community, recognize the library’s collection needs, and respect the principles of intellectual freedom. That is, materials should be selected because they meet a defined objective standard and not selected or rejected because they represent or offend a trustee’s, a staff member’s, or any individual’s point of view. Once these criteria are set, it is the responsibility of the director and library staff to make selections based on these criteria.

When trustees load the collection policy with too much detail and procedure, they may end up with an operations manual rather than a practical policy. Collection policies should guide selection, not manipulate and control every aspect of selection. Policies that are burdened with too many specifics can actually have the opposite effect. They may be ignored because they are difficult or impossible to follow or because the outlined procedures become outdated.

Content and use are not the same

Understandably, library trustees may experience discomfort with materials that are controversial or offend one’s individual values and opinions. It may be helpful to remember that the content of a book and its use can be very different For example, a dictionary of occult practices and rituals could be used by a parent who is worried that his child is dabbling in occult practices and wants to understand symbols and references he is seeing and hearing so he can discuss them. A CD by a rap artist may contain vulgar or profane language, but it may also provide valuable insight into daily life in an inner city plagued by violence and drugs. Every material, in other words, has meaning and use beyond its face value. In a democratic society, we trust individuals to make their own judgments about the use and the meaning of the material.

A shared approach builds confidence

Policies which are developed by the board with input from the community and staff are readily understood, easier to apply, and respond to challenges more effectively. A board which develops policies that consistently respect the diversity of ideas in the community gains credibility. A demonstrated commitment to intellectual freedom inspires the staff as well as the community.

USA PATRIOT ACT

BACKGROUND

On October 25, 2001, the Congress of the United States passed the USA Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) It is now Public Law 107-56. They passed the legislation without substantive debate, and its provisions are now the law of the land. The act essentially allows federal agencies investigating persons who are suspected of being terrorists or who may be harboring terrorists to be more closely scrutinized. A simple search warrant can be issued to the investigative agency/s and they may request a person’s confidential information from any business or institution. No subpoena is required and the person whose records are being examined cannot be notified. The ramifications for libraries and the privacy of library records is the same as for any other entity.

In October of 2003, Congress strengthened some provisions of the Patriot Act, making it easier for government intelligence agencies to acquire information. Under these additional provisions, warrants can be issued for suspicion and no longer require cause.

LIBRARY RESPONSE

Knowing that any federal intelligence agency may request private information concerning an individual and that they can make this request with a nonspecific search warrant, what are the options for the library staff when/if they are confronted?

First, as with all your library processes, have a written procedure in place. This should be a document that will let your staff know exactly how to proceed when presented with a warrant. Your staff will need to understand that they cannot refuse to provide information. They do, however, have the right to notify their superiors and to request the presence of an attorney.

Be sure to consult with legal counsel on the ramifications of the Patriot Act and state and local law to ensure that your policies and procedures are compliant and appropriate. That will also insure that your counsel is ready to assist you should the need arise.
Review your policies. Pay particular attention to your records retention and how that information may be accessed. Decide how to proceed through your records to retrieve personal data, and set a date limit for the length of time records are retained.
Make sure to train your staff. They need to know exactly what to do when approached by law enforcement. It would be very helpful to have specific responses that make it easier for staff to respond. Knowing a step by step procedure makes it possible for staff to be secure in dealing with legal processes.

The library cannot notify an individual whose records have been the subject of a warrant request, but having an informed staff with procedures in place will help to insure that only the information required is made available. If you follow your written policies; move your process through a predetermined chain of command; contact your legal counsel; and document the incident, you will have done all you can do to protect your patrons and your staff.

Be sure to follow up on any legal requests through additional consultation with your legal counsel. They will be able to walk you through the dos and don’ts of any additional responsibilities and/or legal requirements you or your staff may have.

Check regularly for changes in laws and regulations that may affect your library and your patrons. Some aspects of the Patriot Act have already undergone change. The law, as always, has a fluid aspect. Stay informed.

INTELLECTUAL FREEDOM IN ACADEMIC LIBRARIES

American academic institutions have long endorsed and protected intellectual and academic freedom. Our society has historically recognized that faculty and students must be allowed open discourse and access to unlimited information in order to achieve understanding, learning, and the advancement of knowledge. To support teaching, learning and research, academic library acquisition practices have built collections of resources which represent a wide diversity of opinions and topics including materials deemed controversial or unpopular by some.

Even though academic libraries operate in an environment where the importance of intellectual freedom is recognized, there are still many intellectual freedom issues to address. As with public libraries, the academic library should have policies in place that deal with privacy rights of library users and confidentiality of their library activities and records. Library and campus policies and practices regarding retention of individual records should be examined and stated. Access to the Internet requires academic libraries to set policies for the appropriate use of Internet resources. To maintain environments conducive for learning, such policies should state that public workstations are provided for educational, research or informational purposes. Library guidelines on appropriate user behavior can provide a basis to help staff manage the viewing of images that could create a hostile, intimidating or harassing environment for others.

Academic librarians have an opportunity to teach principles of intellectual freedom and the importance of unrestricted access to information in their library instruction classes. Our students today will be the next generation to defend First Amendment rights in our country. As students are learning about research methods, librarians can help them learn the importance of their own good judgment and critical thinking in determining what they choose to read and use for their course projects. It is hoped that they become passionate about the importance of open and broad access to information for the rest of their lives.

The ACRL Intellectual Freedom Principles for Academic Libraries state the importance of a strong intellectual freedom foundation. See Appendix G.

APPENDIX A

SAMPLE RECONSIDERATION FORM

STATEMENT OF CONCERN ABOUT LIBRARY RESOURCES

THE LIBRARY WISHES TO THANK YOU FOR YOUR INTEREST IN THE LIBRARY AND ITS RESOURCES. THE LIBRARY TAKES VERY SERIOUSLY ALL CONCERNS EXPRESSED BY PATRONS AND ATTEMPTS TO RESPOND AS QUICKLY AS POSSIBLY. TO ENSURE THAT YOUR CONCERN IS GIVEN CAREFUL CONSIDERATION, THE REVIEW PROCESS MAY TAKE AS LONG AS SIX WEEKS.

RETURN FORM TO: [LIBRARY NAME AND ADDRESS]

* * * * * * * * * * * * * *

DATE________________________________ TELEPHONE___________________________

YOUR NAME__________________________________________________________________

ADDRESS_____________________________________________________________________

CITY______________________STATE__________ZIP CODE_________________________

1. TYPE OF MATERIAL ON WHICH YOU ARE COMMENTING:

 BOOK  SOUND RECORDING

 MAGAZINE  LIBRARY PROGRAM

 NEWSPAPER  ELECTRONIC RESOURCE

 VIDEO  OTHER ______________________________________________________

q CD-ROM

q DVD

TITLE ______________________________________________________________________

AUTHOR/PRODUCER _______________________________________________________

2. WHAT BROUGHT THIS RESOURCE TO YOUR ATTENTION?

3. PLEASE EXPLAIN YOUR CONCERN AS SPECIFICALLY AS POSSIBLE.

OPTIONAL

4. WHAT RESOURCE DO YOU SUGGEST TO PROVIDE ADDITIONAL INFORMATION ON THIS TOPIC?

APPENDIX B

LIBRARY BILL OF RIGHTS

http://www.ala.org/ala/oif/statementspols/statementsif/librarybillrights.htm

The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.

I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.

II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.

III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.

IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.

V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.

VI. Libraries which made exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals and or groups requesting their use.

Source: American Library Association. Adopted June 18, 1948.

Amended February 2, 1961, and January 23, 1980, by the ALA Council.

APPENDIX C

LIBRARIES: AN AMERICAN VALUE

http://www.ala.org/ala/oif/statementspols/americanvalue/librariesamerican.htm

Libraries in America are cornerstones of the communities they serve. Free access to the books, ideas, resources and information in America ’s libraries is imperative for education, employment, enjoyment, and self-government.

Libraries are a legacy to each generation, offering the heritage of the past and the promise of the future. To ensure that libraries flourish and have the freedom to promote and protect the public good in the 21^st century, we believe certain principles must be guaranteed.

To that end, we affirm this contract with the people we serve:

· We defend the constitutional rights of all individuals, including children and teenagers, to use the library’s resources and services;

· We value our nation’s diversity and strive to reflect that diversity by providing a full spectrum of resources and services to the communities we serve;

· We affirm the responsibility and the right of all parents and guardians to guide their own children’s use of the library and its resources and services;

· We connect people and ideas by helping each person select from and effectively use the library’s resources;

· We protect each individual’s privacy and confidentiality in the use of library resources and services;

· We protect the rights of individuals to express their opinions about library resources and services;

· We celebrate and preserve our democratic society by making available the widest possible range of viewpoints, opinions and ideas, so that all individuals have the opportunity to become lifelong learners – informed, literate, educated, and culturally enriched.

Change is constant, but these principles transcend change and endure in a dynamic technological, social, and political environment.

By embracing these principles, libraries in the United States can contribute to a future that values and protects freedom of speech in a world that celebrates both our similarities and our differences, respects individuals and their beliefs, and holds all persons truly equal and free.

Adopted by the Council of the American Library Association February 3, 1999.

APPENDIX D

CODE OF ETHICS OF THE AMERICAN LIBRARY ASSOCIATION

http://www.ala.org/ala/oif/statementspols/codeofethics/codeethics.htm

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.

I. We provide the highest level of service to all library users through appropriate and usefully organized resources; equitable service policies; equitable access; and accurate, unbiased, and courteous responses to all requests.

II. We uphold the principles of intellectual freedom and resist all efforts to censor library resources.

III. We protect each library user’s right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.

IV. We recognize and respect intellectual property rights.

V. We treat co-workers and other colleagues with respect, fairness and good faith, and advocate conditions of employment that safeguard the rights and welfare of all employees of our institutions.

VI. We do not advance private interests at the expense of library users, colleagues, or our employing institutions.

VII. We distinguish between our personal convictions and professional duties and do not allow our personal beliefs to interfere with fair representation of the aims of our institutions or the provision of access to their information resources.

VIII. We strive for excellence in the profession by maintaining and enhancing our own knowledge and skills, by encouraging the professional development of co-workers, and by fostering the aspirations of potential members of the profession.

Adopted by the ALA Council June 28, 1995.

APPENDIX E

FREEDOM TO READ STATEMENT

http://www.ala.org/ala/oif/statementspols/ftrstatement/freedomreadstatement.htm

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 books from sale, to censor textbooks, to label “controversial” books, 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 avoid the subversion of politics and corruption of morals. We, as citizens devoted to the use of books and as librarians and publishers responsible for disseminating them, wish to assert the public interest in the preservation of the freedom to read.

We are deeply concerned about these attempts at suppression. Most such attempts rest on a denial of the fundamental premise of democracy: that the ordinary citizen, by exercising critical judgment, will accept the good and reject the bad. The censors, public and private, assume that they should determine what is good and what is bad for their fellow citizens.

We trust Americans to recognize propaganda and to reject it. We do not believe they need the help of censors to assist them in this task. 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.

We are aware, of course, that books are not alone in being subjected to efforts at suppression. We are aware that these efforts are related to a larger pattern of pressures being brought against educations, the press, films, radio and television. 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.

Such pressure toward conformity is perhaps natural to a time of uneasy change and pervading fear. Especially when so many of our apprehensions are directed against an ideology, the expression of dissident idea becomes a thing feared in itself, and we tend to move against it as against a hostile deed, with suppression.

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 heresy, every enforcement of an orthodoxy, diminishes the toughness and resilience of our society and leaves it the less able to deal with stress.

Now as always in our history, books are among our greatest instruments of freedom. They are almost the only means for making generally available ideas or manners of expression that can initially command only a small audience. They are the natural medium of the new idea and the untried voice from which come the original contributions to social growth. They are essential to the extended discussion which serious thought requires, and to the accumulation of knowledge and ideas in to 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 towards 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 bust jealously guard the freedom to publish and 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 with stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights.

We therefore affirm these propositions:

1.It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those which are unorthodox or unpopular with the majority.

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 which challenges the established orthodoxy. The power of 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.

2. Publishers, librarians and booksellers do not need to endorse every idea or presentation contained in the books they make available. It would conflict with the public interest for them to establish their own political, moral or aesthetic views as a standard for determining what books should be published or circulated.

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.

3. It is contrary to the public interest for publishers or librarians to determine the acceptability of a book on the basis of the personal history or political affiliations of the author.

A book should be judged as a book. 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 which draws up lists of writers to whom it will not listen, whatever they may have to say.

4. There is no place in our society for efforts to coerce the taste of others, to confine adults to the reading matter deemed suitable for adolescents, or to inhibit the efforts of writers to achieve artistic expression.

To some, much of modern literature 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 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 taste differs, and taste cannot be legislated; nor can machinery be devised which will suit the demands of one group without limiting the freedom of others.

5. It is not in the public interest to force a reader to accept with any book the prejudgment of a label characterizing the book or author as subversive or dangerous.

The ideal of labeling presupposes the existence of individuals or groups with wisdom to determine by authority what is good or bad for the citizen. 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.

6. It is the responsibility of publishers and librarians, as guardians of the people’s freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community at large.

It is inevitable in the give and take of the democratic process that 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.

7. It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality and diversity of thought and expression. By the exercise of this affirmative responsibility, they can demonstrate that the answer to a bad book is a good one, the answer to a bad idea is a good one.

The freedom to read is of little consequence when expended on the trivial; it is frustrated 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 their freedom and integrity, and the enlargement of their service to society, requires of all publishers and librarians the utmost of their faculties and deserves of all citizens 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 books. We do so because we believe that they are good, 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 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; revised January 28, 1972, January 16, 1991, by the ALA Council and the AAP Freedom to Read Committee.

A Joint Statement by:

American Library Association

Association of American Publishers

Subsequently Endorsed by:

American Booksellers Association

American Booksellers Foundation for Free Expression

American Civil Liberties Union

American Federation of Teacher AFL-CIO

Anti-Defamation League of B’nai B’rith

Association of American University Presses

Children’s Book Council

Freedom to Read Foundation

International Reading Association

Thomas Jefferson Center for the Protection of Free Expression

National Association of College Stores

National Council of Teachers of English

P.E.N. - American Center

People for the American Way

Periodical and Book Association of American

Sex Information and Education Council of the U.S.

Society of Professional Journalists

Women’s National Book Association

YWCA of the U.S. A.

APPENDIX F

FREEDOM TO VIEW STATEMENT

http://www.ala.org/ala/oif/statementspols/ftvstatement/freedomviewstatement.htm

The FREEDOM TO VIEW, along with the freedom to speak, to hear, and to read, is protected by the First Amendment to the Constitution of the United States . I n a free society, there is no place for censorship of any medium of expression. Therefore, we affirm these principles:

1. It is in the public interest to provide the broadest possible access to films and other audiovisual materials because they have proven to be among the most effective means for the communication of ideas. Liberty of circulation is essential to ensure the constitutional guarantee of freedom of expression.

2. It is in the public interest to provide for our audiences, films and other audiovisual materials which represent a diversity of views and expression. Selection of a work does not constitute or imply agreement with or approval of the content.

3. It is our professional responsibility to resist the constraint of labeling or prejudging a film on the basis of the moral, religious, or political beliefs of the producer of filmmaker or on the basis of controversial content.

4. It is our professional responsibility to contest vigorously, by all lawful means, every encroachment upon the public’s freedom to view.

This statement was originally drafted by the Educational Film Library Association’s Freedom to View Committee and was adopted by the EFLA Board of Directors in February 1979. This statement was adopted by the Board of Directors of the Association for Educational Communications and Technology on 1 December 1979. It was also endorsed by the American Library Association’s Intellectual Freedom Committee and the ALA Council in June 1979.

APPENDIX G

POLICY ON CONFIDENTIALITY OF LIBRARY RECORDS

http://www.ala.org/Template.cfm?Section=otherpolicies&Template=/ContentManagement/ContentDisplay.cfm&ContentID=13084

The Council of the American Library Association strongly recommends that the responsible officers of each library, cooperative system, and consortium in the United States :

1. Formally adopt a policy that specifically recognizes its circulation records and other records identifying the names of library users to be confidential.

2. Advise all librarians and library employees that such records shall not be made available to any agency of state, federal, or local government except pursuant to such process, order or subpoena as may be authorized under the authority of, and pursuant to, federal, state, or local law relating to civil, criminal, or administrative discovery procedures or legislative investigative power.

3. Resist the issuance of enforcement of any such process, order, or subpoena until such a time as a proper showing of good cause has been made in a court of competent jurisdiction.1

1 Note: Point 3 above means that upon receipt of such process, order, or subpoena, the library’s officers will consult with their legal counsel to determine if such process, order, or subpoena is in proper form and if there is a showing of good cause for its issuance; if the process, order, or subpoena is not in proper form or if good cause has not been shown, they will insist that such defects be cured.

Adopted January 20, 1971; revised July 4, 1975, July 2, 1986, by the ALA Council.

APPENDIX H

PRIVACY: AN INTERPRETATION OF THE

LIBRARY BILL OF RIGHTS

http://www.ala.org/Template.cfm?Section=interpretations&Template=/ContentManagement/ContentDisplay.cfm&ContentID=103219

Introduction

Privacy is essential to the exercise of free speech, free thought, and free association. The courts have established a First Amendment right to receive information in a publicly funded library.¹ Further, the courts have upheld the right to privacy based on the Bill of Rights of the U.S. Constitution.² Many states provide guarantees of privacy in their constitutions and statute law.³ Numerous decisions in case law have defined and extended rights to privacy.⁴

In a library (physical or virtual), the right to privacy is the right to open inquiry without having the subject of one’s interest examined or scrutinized by others. Confidentiality exists when a library is in possession of personally identifiable information about users and keeps that information private on their behalf.⁵

Protecting user privacy and confidentiality has long been an integral part of the mission of libraries. The ALA has affirmed a right to privacy since 1939.⁶ Existing ALA policies affirm that confidentiality is crucial to freedom of inquiry.⁷ Rights to privacy and confidentiality also are implicit in the Library Bill of Rights’⁸ guarantee of free access to library resources for all users.

Rights of Library Users

The Library Bill of Rights affirms the ethical imperative to provide unrestricted access to information and to guard against impediments to open inquiry. Article IV states: “Libraries should cooperate with all persons and groups concerned with resisting abridgement of free expression and free access to ideas.” When users recognize or fear that their privacy or confidentiality is compromised, true freedom of inquiry no longer exists.

In all areas of librarianship, best practice leaves the user in control of as many choices as possible. These include decisions about the selection of, access to, and use of information. Lack of privacy and confidentiality has a chilling effect on users’ choices. All users have a right to be free from any unreasonable intrusion into or surveillance of their lawful library use.

Users have the right to be informed what policies and procedures govern the amount and retention of personally identifiable information, why that information is necessary for the library, and what the user can do to maintain his or her privacy. Library users expect and in many places have a legal right to have their information protected and kept private and confidential by anyone with direct or indirect access to that information. In addition, Article V of 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.” This article precludes the use of profiling as a basis for any breach of privacy rights. Users have the right to use a library without any abridgement of privacy that may result from equating the subject of their inquiry with behavior.⁹

Responsibilities in Libraries

The library profession has a long-standing commitment to an ethic of facilitating, not monitoring, access to information. This commitment is implemented locally through development, adoption, and adherence to privacy policies that are consistent with applicable federal, state, and local law. Everyone (paid or unpaid) who provides governance, administration, or service in libraries has a responsibility to maintain an environment respectful and protective of the privacy of all users. Users have the responsibility to respect each others’ privacy.

For administrative purposes, librarians may establish appropriate time, place, and manner restrictions on the use of library resources.¹⁰ In keeping with this principle, the collection of personally identifiable information should only be a matter of routine or policy when necessary for the fulfillment of the mission of the library. Regardless of the technology used, everyone who collects or accesses personally identifiable information in any format has a legal and ethical obligation to protect confidentiality.

Conclusion

The American Library Association affirms that rights of privacy are necessary for intellectual freedom and are fundamental to the ethics and practice of librarianship.

¹Court opinions establishing a right to receive information in a public library include Board of Education. v. Pico, 457 U.S. 853 (1982); Kreimer v. Bureau Of Police For The Town Of Morristown, 958 F.2d 1242 (3d Cir. 1992); and Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997).

²See in particular the Fourth Amendment’s guarantee of “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” the Fifth Amendment’s guarantee against self-incrimination, and the Ninth Amendment’s guarantee that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This right is explicit in Article Twelve of the Universal Declaration of Human Rights: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” See: http://www.un.org/Overview/rights.html. This right has further been explicitly codified as Article Seventeen of the “International Covenant on Civil and Political Rights,” a legally binding international human rights agreement ratified by the United States on June 8, 1992. See: http://www.unhchr.ch/html/menu3/b/a_ccpr.htm.

³Ten state constitutions guarantee a right of privacy or bar unreasonable intrusions into citizens’ privacy. Forty-eight states protect the confidentiality of library users’ records by law, and the attorneys general in the remaining two states have issued opinions recognizing the privacy of users’ library records. See: State Privacy Laws.

⁴Cases recognizing a right to privacy include: NAACP v. Alabama, 357 U.S. 449 (1958); Griswold v. Connecticut 381 U.S. 479 (1965); Katz v. United States, 389 U.S. 347 (1967); and Stanley v. Georgia, 394 U.S. 557 (1969). Congress recognized the right to privacy in the Privacy Act of 1974 and Amendments (5 USC Sec. 552a), which addresses the potential for government’s violation of privacy through its collection of personal information. The Privacy Act’s “Congressional Findings and Statement of Purpose” state in part: “the right to privacy is a personal and fundamental right protected by the Constitution of the United States .” See: http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=5&sec=552a.

⁵The phrase “Personally identifiable information” was established in ALA policy in 1991. See: Policy Concerning Confidentiality of Personally Identifiable Information about Library Users. Personally identifiable information can include many types of library records, for instance: information that the library requires an individual to provide in order to be eligible to use library services or borrow materials, information that identifies an individual as having requested or obtained specific materials or materials on a particular subject, and information that is provided by an individual to assist a library staff member to answer a specific question or provide information on a particular subject. Personally identifiable information does not include information that does not identify any individual and that is retained only for the purpose of studying or evaluating the use of a library and its materials and services. Personally identifiable information does include any data that can link choices of taste, interest, or research with a specific individual.

⁶Article Eleven of the Code of Ethics for Librarians (1939) asserted that “It is the librarian’s obligation to treat as confidential any private information obtained through contact with library patrons.” See: Code of Ethics for Librarians (1939). Article Three of the current Code (1995) states: “We protect each library user’s right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired, or transmitted.” See: http://www.ala.org/alaorg/oif/ethics.html.

⁷See these ALA Policies: Access for Children and Young People to Videotapes and Other Nonprint Formats; Free Access to Libraries for Minors; Freedom to Read (http://www.ala.org/alaorg/oif/freeread.html); Libraries: An American Value; the newly revised Library Principles for a Networked World; Policy Concerning Confidentiality of Personally Identifiable Information about Library Users; Policy on Confidentiality of Library Records; Suggested Procedures for Implementing Policy on the Confidentiality of Library Records.

⁸Adopted June 18, 1948; amended February 2, 1961, and January 23, 1980; inclusion of “age” reaffirmed January 23, 1996, by the ALA Council. See: http://www.ala.org/work/freedom/lbr.html.

⁹Existing ALA Policy asserts, in part, that: “The government’s interest in library use reflects a dangerous and fallacious equation of what a person reads with what that person believes or how that person is likely to behave. Such a presumption can and does threaten the freedom of access to information.” Policy Concerning Confidentiality of Personally Identifiable Information about Library Users

¹⁰See: Guidelines for the Development and Implementation of Policies, Regulations and Procedures Affecting Access to Library Materials, Services and Facilities.

Adopted June 19, 2002, by the ALA Council

APPENDIX I

FREE ACCESS TO LIBRARIES FOR MINORS:

An Interpretation of the Library Bill of Rights

http://www.ala.org/Template.cfm?Section=interpretations&Template=/ContentManagement/ContentDisplay.cfm&ContentID=8639

Library policies and procedures which effectively deny minors equal access to all library resources available to other users violate the Library Bill of Rights. The American Library Association opposes all attempts to restrict access to library services, materials, and facilities based on the age of library users.

Article V of 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.” The “right to use a library” includes free access to, and unrestricted use of, all the services, materials, facilities the library has to offer. Every restriction on access to, and use of, library resources, based solely on the chronological age, education level, or legal emancipation of users violates Article V.

Libraries are charged with the mission of developing resources to meet the diverse information needs and interests of the communities they serve. Services, materials, and facilities which fulfill the needs and interests of library users at different stages in their personal development are a necessary part of library resources. The needs and interests of each library user, and resources appropriate to meet those needs and interests, must be determined on an individual basis. Librarians cannot predict what resources will best fulfill the needs and interests of any individual user based on a single criterion such as chronological age, level of education, or legal emancipation.

The selection and development of library resources should not be diluted because of minors having the same access to library resources as adult users. Institutional self-censorship diminishes the credibility of the library in the community and restricts access for all library users.

Librarians and governing bodies should not resort to age restrictions on access to library resources in an effort to avoid actual or anticipated objection from parents or anyone else. The mission, goals, and objectives of libraries do not authorize librarians or governing bodies to assume, abrogate, or overrule the rights and responsibilities of parents or legal guardians. Librarians and governing bodies should maintain that parents - and only parents - have the right and the responsibility to restrict the access of their children - and only their children - to library resources.

Parents or legal guardians who do not want their children to have access to certain library services, materials or facilities, should so advise their children. Librarians and governing bodies cannot assume the role of parents or the function of parental authority in the private relationship between parent and child. Librarians and governing bodies have a public and profession obligation to provide equal access to all library resources for all library users.

Librarians have a professional commitment to ensure that all members of the community they serve have free and equal access to the entire range of library resources regardless of content, approach, format, or amount of detail. This principle of library service applies equally to all users, minors as well as adults. Librarians and governing bodies must uphold this principle in order to provide adequate and effective service to minors.

Adopted June 30, 1972; amended July 1, 1981; July 3, 1991, by the ALA Council.

APPENDIX J

ACCESS TO ELECTRONIC

INFORMATION, SERVICES, AND NETWORKS:

An Interpretation of the Library Bill of Rights

http://www.ala.org/ala/oif/statementspols/statementsif/interpretations/accesselectronic.htm

Freedom of expression is an inalienable human right and the foundation for self-government. Freedom of expression encompasses the freedom of speech and the corollary right to receive information.¹ Libraries and librarians protect and promote these rights by selecting, producing, providing access to, identifying, retrieving, organizing, providing instruction in the use of, and preserving recorded expression regardless of the format or technology.

The American Library Association expresses these basic principles of librarianship in its Code of Ethics and in the Library Bill of Rights and its Interpretations. These serve to guide librarians and library governing bodies in addressing issues of intellectual freedom that arise when the library provides access to electronic information, services, and networks.

Libraries empower users by providing access to the broadest range of information. Electronic resources, including information available via the Internet, allow libraries to fulfill this responsibility better than ever before.

Issues arising from digital generation, distribution, and retrieval of information need to be approached and regularly reviewed from a context of constitutional principles and ALA policies so that fundamental and traditional tenets of librarianship are not swept away.

Electronic information flows across boundaries and barriers despite attempts by individuals, governments, and private entities to channel or control it. Even so, many people lack access or capability to use electronic information effectively.

In making decisions about how to offer access to electronic information, each library should consider its mission, goals, objectives, cooperative agreements, and the needs of the entire community it serves.

The Rights of Users

All library system and network policies, procedures, or regulations relating to electronic information and services should be scrutinized for potential violation of user rights.

User policies should be developed according to the policies and guidelines established by the American Library Association, including Guidelines for the Development and Implementation of Policies, Regulations and Procedures Affecting Access to Library Materials, Services and Facilities.

Users' access should not be restricted or denied for expressing or receiving constitutionally protected speech. If access is restricted or denied for behavioral or other reasons, users should be provided due process, including, but not limited to, formal notice and a means of appeal.

Information retrieved or utilized electronically is constitutionally protected unless determined otherwise by a court of law with appropriate jurisdiction. These rights extend to minors as well as adults (Free Access to Libraries for Minors; Access to Resources and Services in the School Library Media Program; Access for Children and Young Adults to Nonprint Materials).²

Libraries should use technology to enhance, not deny, access to information. Users have the right to be free of unreasonable limitations or conditions set by libraries, librarians, system administrators, vendors, network service providers, or others. Contracts, agreements, and licenses entered into by libraries on behalf of their users should not violate this right. Libraries should provide library users the training and assistance necessary to find, evaluate, and use information effectively.

Users have both the right of confidentiality and the right of privacy. The library should uphold these rights by policy, procedure, and practice in accordance with Privacy: An Interpretation of the Library Bill of Rights.

Equity of Access

The Internet provides expanding opportunities for everyone to participate in the information society, but too many individuals face serious barriers to access. Libraries play a critical role in bridging information access gaps for these individuals. Libraries also ensure that the public can find content of interest and learn the necessary skills to use information successfully.

Electronic information, services, and networks provided directly or indirectly by the library should be equally, readily and equitably accessible to all library users. American Library Association policies oppose the charging of user fees for the provision of information services by libraries that receive their major support from public funds (50.3 Free Access to Information; 53.1.14 Economic Barriers to Information Access; 60.1.1 Minority Concerns Policy Objectives; 61.1 Library Services for the Poor Policy Objectives). All libraries should develop policies concerning access to electronic information that are consistent with ALA's policy statements, including Economic Barriers to Information Access: An Interpretation of the Library Bill of Rights, Guidelines for the Development and Implementation of Policies, Regulations and Procedures Affecting Access to Library Materials, Services and Facilities, and Resolution on Access to the Use of Libraries and Information by Individuals with Physical or Mental Impairment.

Information Resources and Access

Providing connections to global information, services, and networks is not the same as selecting and purchasing materials for a library collection. Determining the accuracy or authenticity of electronic information may present special problems. Some information accessed electronically may not meet a library's selection or collection development policy. It is, therefore, left to each user to determine what is appropriate. Parents and legal guardians who are concerned about their children's use of electronic resources should provide guidance to their own children.

Libraries, acting within their mission and objectives, must support access to information on all subjects that serve the needs or interests of each user, regardless of the user's age or the content of the material. In order to preserve the cultural record and to prevent the loss of information, libraries may need to expand their selection or collection development policies to ensure preservation, in appropriate formats, of information obtained electronically. Libraries have an obligation to provide access to government information available in electronic format.

Libraries and librarians should not deny or limit access to electronic information because of its allegedly controversial content or because of the librarian's personal beliefs or fear of confrontation. Furthermore, libraries and librarians should not deny access to electronic information solely on the grounds that it is perceived to lack value.

Publicly funded libraries have a legal obligation to provide access to constitutionally protected information. Federal, state, county, municipal, local, or library governing bodies sometimes require the use of Internet filters or other technological measures that block access to constitutionally protected information, contrary to the Library Bill of Rights (ALA Policy Manual, 53.1.17, Resolution on the Use of Filtering Software in Libraries). If a library uses a technological measure that blocks access to information, it should be set at the least restrictive level in order to minimize the blocking of constitutionally protected speech. Adults retain the right to access all constitutionally protected information and to ask for the technological measure to be disabled in a timely manner. Minors also retain the right to access constitutionally protected information and, at the minimum, have the right to ask the library or librarian to provide access to erroneously blocked information in a timely manner. Libraries and librarians have an obligation to inform users of these rights and to provide the means to exercise these rights.³

Electronic resources provide unprecedented opportunities to expand the scope of information available to users. Libraries and librarians should provide access to information presenting all points of view. The provision of access does not imply sponsorship or endorsement. These principles pertain to electronic resources no less than they do to the more traditional sources of information in libraries (Diversity in Collection Development).

¹Martin v. Struthers, 319 U.S. 141 (1943); Lamont v. Postmaster General, 381 U.S. 301 (1965); Susan Nevelow Mart, The Right to Receive Information (PDF), 95 Law Library Journal 2 (2003).

²Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969); Board of Education, Island Trees Union Free School District No. 26 v. Pico, 457 U.S. 853, (1982); American Amusement Machine Association v. Teri Kendrick, 244 F.3d 954 (7th Cir. 2001); cert.denied, 534 U.S. 994 (2001)

³"If some libraries do not have the capacity to unblock specific Web sites or to disable the filter or if it is shown that an adult user's election to view constitutionally protected Internet material is burdened in some other substantial way, that would be the subject for an as-applied challenge, not the facial challenge made in this case." United States, et al. v. American Library Association (PDF), 539 U.S. 194 (2003) (Justice Kennedy, concurring).

Adopted January 24, 1996, by the ALA Council; amended January 19, 2005. [ISBN: 8389-7830-4]

APPENDIX K

INTELLECTUAL FREEDOM PRINCIPLES FOR ACADEMIC LIBRARIES:

An Interpretation of the Library Bill of Rights

http://www.ala.org/Template.cfm?Section=interpretations&Template=/ContentManagement/ContentDisplay.cfm&ContentID=103215

A strong intellectual freedom perspective is critical to the development of academic library collections and services that dispassionately meet the education and research needs of a college or university community. The purpose of this statement is to outline how and where intellectual freedom principles fit into an academic library setting, thereby raising consciousness of the intellectual freedom context within which academic librarians work. The following principles should be reflected in all relevant library policy documents.

1. The general principles set forth in the Library Bill of Rights form an indispensable framework for building collections, services, and policies that serve the entire academic community.

2. The privacy of library users is and must be inviolable. Policies should be in place that maintain confidentiality of library borrowing records and of other information relating to personal use of library information and services.

3. The development of library collections in support of an institution’s instruction and research program should transcend the personal values of the selector. In the interests of research and learning, it is essential that collections contain materials representing a variety of perspectives on subjects that may be considered controversial.

4. Preservation and replacement efforts should ensure that balance in library materials is maintained and that controversial materials are not removed from the collections through theft, loss, mutilation, or normal wear and tear. There should be alertness to efforts by special interest groups to bias a collection through systematic theft or mutilation.

5. Licensing agreements should be consistent with the Library Bill of Rights, and should maximize access.

6. Open and unfiltered access to the Internet should be conveniently available to the academic community in a college or university library. Content filtering devices and content-based restrictions are a contradiction to the academic library mission to further research and learning through exposure to the broadest possible range of ideas and information. Such restrictions are a fundamental violation of intellectual freedom in academic libraries.

7. Freedom of information and of creative expression should be reflected in library exhibits and in all relevant library policy documents.

8. Library meeting rooms, research carrels, exhibit spaces, and other facilities should be available to the academic community regardless of research being pursued or subject being discussed. Any restrictions made necessary because of limited availability of space should be based on need, as reflected in library policy, rather than on content of research or discussion.

9. Whenever possible, library services should be available without charge in order to encourage inquiry. Where charges are necessary, a free or low-cost alternative (e.g. downloading to disc rather than printing) should be available when possible.

10. A service philosophy should be promoted that affords equal access to information for all in the academic community with no discrimination on the basis of race, values, gender, sexual orientation, cultural or ethnic background, physical or learning disability, economic status, religious beliefs, or views.

11. A procedure ensuring due process should be in place to deal with requests by those within and outside the academic community for removal or addition of library resources, exhibits, or services.

12. It is recommended that this statement or principle be endorsed by appropriate institutional governing bodies, including the faculty senate or similar instrument of faculty governance.

Approved by ACRL Board of Directors: June 29, 1999

Adopted July 12, 2000 by the ALA Council

APPENDIX L

ORGANIZATIONAL RESOURCES

Intellectual Freedom Committee

Utah Library Association

http://www.ula.org/

The ULA IFC advocates for open, unfettered access to information and helping to educate librarians, library staff, and the public about the importance of intellectual freedom principles in libraries – providing access to information, not judging the content of materials, and leaving such judgments up to our users.

Office for Intellectual Freedom (OIF)

American Library Association

50 East Huron Street

Chicago, IL 60611

(312) 944-6780 or (800) 545-2433

http://www.ala.org/template.cfm?Section=oif

The OIF educates librarians and the general public about the importance of intellectual freedom and maintains a complete program of publications, projects, and services. In addition to a wide range of resources offered, the Office provides consultation and advice.

Freedom to Read Foundation

50 East Huron Street

Chicago, IL 60611

(312) 944-6780

http://www.ala.org/ala/ourassociation/othergroups/ftrf/freedomreadfoundation.htm

Closely affiliated with the American Library Association, the Foundation promotes and protects intellectual freedom, supports libraries under challenge, and helps supply legal counsel as necessary.

APPENDIX M

LIBRARIES AND INTELLECTUAL FREEDOM

Selected Titles

American Library Association. Intellectual Freedom Manual. 6^th ed. Chicago: ALA, 2002.

Jones, Barbara M. Libraries, Access and Intellectual Freedom, Developing Policies for Public and Academic Libraries. Chicago: American Library Association, 1999.

Karolides, Nicholas J, Margaret Bald and Dawn B. Sova. 100 Banned Books, Censorship Histories of World’s Literature. New York: Checkmark Books, 1999.

Kranich, Nancy, ed. Libraries and Democracy, the Cornerstones of Liberty. Chicago: American Library Association, 2001.

Minow, Mary and Tomas A. Lipinski. The Library’s Legal Answer Book. Chicago: ALA, 2003.

Peck, Robert S. Libraries, the First Amendment and Cyberspace, What you Need to Know. Chicago: American Library Association, 2000.

Reichman, Henry. Censorship and Selection: Issues and Answers for Schools. 3^rd ed. Chicago: American Library Association, 2001.

Scales, Pat R. Teaching Banned Books, 12 guides for Young Readers. Chicago: American Library Association, 2001.

Symons, Ann L. and Sally Gardner Reed. Speaking Out! Voices in Celebration of Intellectual Freedom. Chicago: American Library Association, 1999.

APPENDIX N

LIBRARIES AND INTELLECTUAL FREEDOM

USEFUL WEB SITES

www.ala.org

The American Library Association web site has many helpful links.

www.ala.org/ala/oif/quickeasyguide.htm

This ALA Office of Intellectual Freedom page will guide you to ALA policies, statements and helpful information.

http://www.ala.org/ala/oif/iftoolkits/intellectual.htm

ALA OIF Intellectual Freedom Toolkits

http://www.ala.org/ala/oif/bannedbooksweek/bbwlinks/100mostfrequently.htm

“The Most Frequently Challenged Books of 1990-2000” reported by ALA.

www.google.com

You can search Google to find numerous examples of library policies.

APPENDIX O

EXAMPLES OF LIBRARY POLICIES

Materials Selection:

Materials, Programs and Services Selection Policy, Boulder Public Library

http://www.boulder.lib.co.us/general/selection.html

Wakefield (MA) Public Library Collection Development Policy

http://www.wakefieldlibrary.org/acolldev.htm

University of Alabama Libraries Collection Development Policy Statement

http://www.lib.ua.edu/policies/colldev.htm

Colorado State University Libraries Collection Development Policies

http://lib.colostate.edu/cm/policies.html

Internet Use:

Internet Access Policy, Boulder Public Library

http://www.boulder.lib.co.us/general/internet.html

Spokane (WA) Public Library Internet Use Policy

http://www.spokanelibrary.org/about/internet_policy.asp

Allen County Public Library ( Indiana) Use of Computers Policy

http://www.acpl.lib.in.us/aboutus/policy_procedure_manual/computer_resources.html

Western Washington University Libraries Computer Use Policy

http://www.library.wwu.edu/info/computer_use.shtml

University of Minnesota Libraries Appropriate Use of Computer Workstations and Electronic Resources

http://www.lib.umn.edu/appuse.phtml

Confidentiality and Privacy:

Waukesha (WI) Public Library Privacy Policy

http://www.waukesha.lib.wi.us/about/privacy.shtml

Carol County (MD) Library Privacy Policy

http://library.carr.org/privacy.asp

Florida State University Libraries User Privacy Policy

http://www.lib.fsu.edu/policies/user_privacy.html

Wayne State University Libraries Privacy Policy

http://www.lib.wayne.edu/sitewide/privacy.php

Appropriate Behavior in Libraries:

Alhambra (CA) Public Library Rules of Behavior

http://www.alhambralibrary.org/circbehav.html

Hopkinton (NH) Town Library Policy on Appropriate Library Behavior

http://www.hopkintontownlibrary.org/behavior_policy.htm

Beverly (MA) Public Library Behavior Policy

http://www.noblenet.org/beverly/acceptableusepolicy.shtml

York County (SC) Library Patron Behavior Policy

http://www.yclibrary.org/patronbehaviorpolicy.pdf

UNLV Libraries University Libraries Expectations for User and Visitor Conduct

http://www.library.unlv.edu/services/policies/patronconductpolicy.html

Penn State Libraries Code of Conduct

http://www.libraries.psu.edu/pubinfo/codeconduct.html

Appendix P

Intellectual Freedom Flyer

Intellectual Freedom

Your Community’s Right

Your Professional Responsibility

A Positive Approach

Intellectual freedom is:

Not just defending against censors

· It is serving your community by offering choice

Not the exclusive property of one political point of view

· It is an American value

Not the exclusive property of one belief system

· Democracy only succeeds with a diversity of ideas

Not accomplished alone

· Your staff, board, community, association, and colleagues will support you

What You Can Do

Stay Informed

Be familiar with your library policies on material selection, privacy and confidentiality, online access, public meeting rooms, displays, and exhibits.

Consult the Experts

Review library web sites such as the Utah State Library Division, the Utah Library Association, and the American Library Association for legal decisions, FAQs, training opportunities, and links to other resources.

Share Information

An informed staff can respond to questions and challenges professionally and with confidence.

Lead by Example

A demonstrated commitment to intellectual freedom can inspire your staff, co-workers, library board, and patrons.

Promote Community Awareness

Opportunities such as National Library Week and Banned Books Week can inform and educate the public of the library’s dedication to their right to know.

Build Coalitions

Working relationships with your Friends of the Library, other community cultural, educational, civic groups, and the local media will establish support before a challenge arises.

For more information, please consult the Utah Library Association web site: http://www.ula.org/.