As we approach ALA Annual meeting in Anaheim, council begins to get drafts of issues that will be presented. I have copied below six drafts from the Intellectual Freedom Committee with changes to their manual, which we will be asked to approve at Council III. These are drafts and are out for our comments, so keep in mind the final documents may not be exactly as presented here. Please let me know if you have any suggestions or changes that you feel would be beneficial. The deletions have been struck-through and the additions are in square brackets. On my first read-through, I don’t have any suggestions and would anticipate voting for these changes. I would appreciate any comments from you.
As other council issues are sent to me, I’ll keep you posted.
Free Access to Libraries for Minors
An Interpretation of the Library Bill of Rights
Library policies and procedures that effectively deny minors equal and equitable access to all library resources [andservices] 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, and facilities the library has to offer. Every restriction on access to, and use of,
library resources, based solely on the chronological age, educational level, literacy skills, or legal emancipation of
users violates Article V.
Libraries are charged with the mission of [providing services and] developing resources to meet the diverse information needs and interests of the communities they serve. Services, materials, and facilities that 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, educational level, literacy
skills, or legal emancipation. [Equitable access to all library resources and services shall not be abridged through restrictive scheduling or use policies.]
Libraries should not limit the selection and development of library resources simply because minors will have access
to them. Institutional self-censorship diminishes the credibility of the library in the community, and restricts access
for all library users.
Children and young adults unquestionably possess First Amendment rights, including the right to receiveinformation [through]in the library [in print, nonprint, or digital]electronic [format]. Constitutionally protected speech cannot be suppressed solely to protect children or young adults from ideas or images a legislative body
believes to be unsuitable for them.1, [2] Librarians and library governing bodies should not resort to age restrictions in an effort to avoid actual or anticipated objections, because only a court of law can determine whether material is not
constitutionally protected.
The mission, goals, and objectives of libraries cannot authorize librarians or library governing bodies to assume,
abrogate, or overrule the rights and responsibilities of parents. As “Libraries: An American Value” states, “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.” [Librarians and library governing bodies cannot assume the role of parents or thefunctions of parental authority in the private relationship between parent and child, ]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 who do not want their children to have access to
certain library services, materials, or facilities should so advise their children. [Librarians and library governing bodies cannot assume the role of parents or the functions of parental authority in the private relationship between
parent and childLibrary staff cannot be used to enforce parental decisions..]
Lack of access to information can be harmful to minors. Librarians and library governing bodies have a public and
professional obligation to ensure that all members of the community they serve have free, equal, and equitable
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 library governing
bodies must uphold this principle in order to provide adequate and effective service to minors.
1See Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975)-"Speech that is neither obscene as to youths nor subject to some other legitimate proscription cannot be suppressed solely to protect the young from ideas or images that a
legislative body thinks unsuitable [422 U.S. 205, 214] for them. In most circumstances, the values protected by the
First Amendment are no less applicable when government seeks to control the flow of information to minors.
See Tinker v. Des Moines School Dist., supra. Cf. West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624 (1943)."
[2 See AAMA v. Kendricks. Re: video games]
Adopted June 30, 1972, by the ALA Council; amended July 1, 1981; July 3, 1991, June 30, 2004.
[ISBN 8389-7549-6]
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Access to Library Resources and Services
Regardless of
Sex, Gender Identity[ or Expression], or Sexual Orientation An Interpretation of the Library Bill of Rights
American libraries exist and function within the context of a body of laws derived from the United States
Constitution and the First Amendment. The Library Bill of Rights embodies the basic policies that guide libraries in the provision of services, materials, and programs.
In the preamble to its Library Bill of Rights, the American Library Association affirms that all [emphasis added] libraries are forums for information and ideas. This concept of forum and its accompanying principle of
inclusiveness pervade all six Articles of the Library Bill of Rights. The American Library Association stringently and unequivocally maintains that libraries and librarians have an
obligation to resist efforts that systematically exclude materials dealing with any subject matter, including sex,
gender identity[or expression], or sexual orientation:
· Article I of the Library Bill of Rights states that "Materials should not be excluded because of the origin, background, or views of those contributing to their creation." The Association affirms that books and other
materials coming from gay, lesbian, bisexual, and/or transgendered presses, gay, lesbian, bisexual and/or
transgendered authors or other creators, and materials regardless of format or services dealing with gay,
lesbian, bisexual and/or transgendered life are protected by the Library Bill of Rights. Librarians are obligated by the Library Bill of Rights to endeavor to select materials without regard to the sex, genderidentity
[or expression], or sexual orientation of their creators by using the criteria identified in their written, approved selection policies (ALA policy 53.1.5).
· Article II maintains that "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." Library services, materials, and programs representing diverse points of view on
sex, gender identity[or expression], or sexual orientation should be considered for purchase and inclusion inlibrary collections and programs. (ALA policies 53.1.1, 53.1.9, and 53.1.11). The Association affirms that attempts to proscribe or remove materials dealing with gay, lesbian, bisexual, and/or transgendered life
without regard to the written, approved selection policy violate this tenet and constitute censorship.
· Articles III and IV mandate that libraries "challenge censorship" and cooperate with those "resisting abridgement of free expression and free access to ideas."
· Article V holds that "A person's right to use a library should not be denied or abridged because of origin,age, background or views." In the Library Bill of Rights and all its Interpretations, it is intended that: "origin" encompasses all the characteristics of individuals that are inherent in the circumstances of their
birth; "age" encompasses all the characteristics of individuals that are inherent in their levels of
development and maturity; "background" encompasses all the characteristics of individuals that are a result
of their life experiences; and "views" encompasses all the opinions and beliefs held and expressed by
individuals. Therefore, Article V of the Library Bill of Rights mandates that library services, materials, and programs be available to all members of the community the library serves, without regard to sex, gender
identity[ or expression], or sexual orientation. This includes providing youth with comprehensive sex education literature (ALA Policy 52.5.2).
· Article VI maintains that "Libraries which make 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 or groups requesting their use." This protection extends to all groups and
members of the community the library serves, without regard to sex, gender identity[or expression], or sexual orientation.
The American Library Association holds that any attempt, be it legal or extra-legal, to regulate or suppress library
services, materials, or programs must be resisted in order that protected expression is not abridged. Librarians have a
professional obligation to ensure that all library users have free and equal access to the entire range of library
services, materials, and programs. Therefore, the Association strongly opposes any effort to limit access to
information and ideas. The Association also encourages librarians to proactively support the First Amendment rights
of all library users, regardless of sex, gender identity[ or expression], or sexual orientation.
1
Access to Resources and Services
in the School Library Media Program
An Interpretation of the LIBRARY BILL OF RIGHTS
The school library media program plays a unique role in promoting intellectual freedom. It serves as a point of
voluntary access to information and ideas and as a learning laboratory for students as they acquire critical thinking
and problem-solving skills needed in a pluralistic society. Although the educational level and program of the school
necessarily shapes the resources and services of a school library media program, the principles of the Library Bill of Rights apply equally to all libraries, including school library media programs. [Under these principles, allstudents have equitable access to library facilities, resources, and instructional programs.
] School library media specialists assume a leadership role in promoting the principles of intellectual freedom within
the school by providing resources and services that create and sustain an atmosphere of free inquiry. School library
media specialists work closely with teachers to integrate instructional activities in classroom units designed to equip
students to locate, evaluate, and use a broad range of ideas effectively. [Intellectual freedom is fostered by educating students in the use of critical thinking skills to empower them to pursue free inquiry responsibly and
independently.] Through resources, programming, and educational processes, students and teachers experience the free and robust debate characteristic of a democratic society.
School library media specialists cooperate with other individuals in building collections of resources appropriateto [that meet] the needs and to [as well as] the developmental and maturity levels of students. These collections provide resources that support the mission of the school district and are consistent with its philosophy, goals, and
objectives. Resources in school library media collections are an integral component of the curriculum and represent
diverse points of view on both current and historical issues. These resources include materials that support the
intellectual growth, personal development, individual interests, and recreational needs of students.
While English is, by history and tradition, the customary language of the United States, the languages in use in any
given community may vary. Schools serving communities in which other languages are used make efforts to
accommodate the needs of students for whom English is a second language. To support these efforts, and to ensure
equal [equitable] access to resources and services, the school library media program provides resources that reflect the linguistic pluralism of the community.
Members of the school community involved in the collection development process employ educational criteria to
select resources unfettered by their personal, political, social, or religious views. Students and educators served by
the school library media program have access to resources and services free of constraints resulting from personal,
partisan, or doctrinal disapproval. School library media specialists resist efforts by individuals or groups to define
what is appropriate for all students or teachers to read, view, hear, or access via electronic means.
Major barriers between students and resources include but are not limited to imposing age or , grade -level, [orreading-level] restrictions on the use of resources; limiting the use of interlibrary loan and access to electronic information; charging fees for information in specific formats; requiring permission from parents or teachers;
establishing restricted shelves or closed collections; and labeling. Policies, procedures, and rules related to the use
of resources and services support free and open access to information.
The [It is the responsibility of the] school board adopts [to adopt] policies that guarantee students access to a broad range of ideas. These include policies on collection development and procedures for the review of resources
about which concerns have been raised. Such policies, developed by persons in the school community, provide for a
timely and fair hearing and assure that procedures are applied equitably to all expressions of concern. School [It is
1
the responsibility of school] library media specialists [to] implement district policies and procedures in the school[to ensure equitable access to resources and services for all students.] Adopted July 2, 1986, by the ALA Council; amended January 10, 1990; July 12, 2000; January 19, 2005.
Diversity in Collection Development:
An Interpretation of the Library Bill of Rights
Throughout history, the focus of censorship has fluctuated from generation to generation. Books and
other materials have not been selected or have been removed from library collections for many [Library collections should represent the diversity of people and ideas in our society. Over time, individuals and groups have
sought to limit that diversity by removing books and other materials. They cite a variety of ]reasons, among which are [that include] prejudicial language and ideas, political content, economic theory, social philosophies, religiousbeliefs, sexual forms of expression, and other potentially controversial topics. [
Librarians have also used thesereasons to justify not selecting materials.] Some examples of censorship may include removing or not selecting materials because they are considered by some
as racist or sexist; not purchasing conservative religious materials; not selecting materials about or by minorities
because it is thought these groups or interests are not represented in a community; or not providing information on
or materials from non-mainstream political entities.
Librarians may seek to increase user awareness of materials on various social concerns by many means, including,
but not limited to, issuing bibliographies[publishing lists of resources, arranging exhibits,] and presenting
exhibits and programs. Librarians have a professional responsibility to be inclusive, not exclusive, in collection development and in the provision of interlibrary loan. Access to all materials legally obtainable should be assured to
the user, and policies should not unjustly exclude materials even if they are offensive to the librarian or the user.
Collection development should reflect the philosophy inherent in Article II of the Library Bill of Rights: “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.” A balanced collection reflects a
diversity of materials, not an equality of numbers. Collection development responsibilities include selecting
materials in [different formats produced by independent, small and local producers as well as materials from major producers and distributors. Materials selected should represent] the languages in common use [commonly used]in the [
library’s service] community the library serves. Collection development and the selection of materials should be done according to professional standards and established selection and review procedures.
There are many complex facets to any issue, and variations of context in which issues may be expressed, discussed,
or interpreted. Librarians have a professional responsibility to be fair, just, and equitable and to give all library users
equal protection in guarding against violation of the library patron’s right to read, view, or listen to materials and
resources protected by the First Amendment, no matter what the viewpoint of the author, creator, or selector. Librarians have an obligation to protect library collections from removal of materials based on personal bias or
prejudice, and to select and support the access to materials on all subjects that meet, as closely as possible, the
needs, interests, and abilities of all persons in the community the library serves. This includes materials that reflect
political, economic, religious, social, minority, and sexual issues.
Intellectual freedom, the essence of equitable library services, provides for free access to all expressions of ideas
through which any and all sides of a question, cause, or movement may be explored. Toleration is meaningless
without tolerance for what some may consider detestable. Librarians cannot justly[should not] permit their own preferences to limit their degree of tolerance in collection development, because freedom is indivisible. .
Adopted July 14, 1982, by the ALA Council; amended January 10, 1990.
Evaluating Library Collections:
An Interpretation of the Library Bill of Rights
The continuous review of library materials is necessary as a means of maintaining an active
library collection of current interest to users. In the process, materials may be added and
physically deteriorated or obsolete materials may be replaced or removed in accordance with the
collection maintenance policy of a given library and the needs of the community it serves.
Continued evaluation is closely related to the goals and responsibilities of all libraries and is a
valuable tool of collection development. This procedure is not to be used as a convenient means
to remove materials presumed to[that might] be [viewed as] controversial or disapproved of by segments of the community.[objectionable.] Such abuse of the evaluation function violates theprinciples of intellectual freedom and is in opposition to the Preamble and Articles I and II of the
Library Bill of Rights, which state: 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.
The American Library Association opposes such “silent [internal] censorship” and strongly urges that libraries adopt guidelines setting forth the positive purposes and principles of evaluation of
materials in library collections.
Adopted February 2, 1973; amended July 1, 1981, by the ALA Council.