1/16 – Welcome to “Intellectual Freedom”!
- Introductions all around
- Censorship Case Study: Obscenity
- Workshop: Public Communication About Library Values
- Logistics / Course Information
1/23 – First Amendment and libraries
- check-in: News to share / discuss; values assignment & discuss rationales for intellectual freedom. Last week’s “public statement” of library values workshop.
- LECTURE: Intro to First Amendment & reading a case; discussion, Reno v. ACLU
- WORKSHOP: group discussion Sund v. Wichita Falls
- Material Challenge Assignment, first part due Monday 2/5
Preparation & Readings for 1/23
- 1. Special Topics Survey.
- 2. Values Self-Assessment.
- 3. Library Values & Professional Standards – For yourself, make a chart of the professional statements. What are highlights & key points? What’s the context / use of each statement? How are the professional statements different from each other, across organizations, or within organizations & across statements? (Approx. 90 minutes)
- US First Amendment (1789-1791)
- Universal Declaration of Human Rights, Articles 18, 19, 20, 26 & 27 (1948) – https://www.un.org/en/about-us/universal-declaration-of-human-rights
- ALA documents at https://www.ala.org/advocacy/intfreedom
- (1) Library Bill of Rights (1939…1996)
- (2) Libraries an American Value (1999)
- (3) ALA Freedom to Read Statement (1953 … 2004)
- (4) ALA Code of Ethics (1939 … 2021)
- SAA Core Values of Archivists and Code of Ethics for Archivists – https://www2.archivists.org/statements/saa-core-values-statement-and-code-of-ethics
- IFLA, Code of Ethics for Librarians & other Information Workers (full version), https://www.ifla.org/publications/ifla-code-of-ethics-for-librarians-and-other-information-workers-full-version/
- OPTIONAL:
- ACRL Code of Ethics for Special Librarians, https://rbms.info/standards/code_of_ethics
- American Association of Museums, Ethics, Standards, & Professional Practices – https://www.aam-us.org/programs/ethics-standards-and-professional-practices/ethics/ — lists several sibling disciplines
- Emily Knox, “Intellectual Freedom”, Public Services Quarterly, v.7 n.1/2, pp. 49-55 (2011) (Reviews a number of ethical statements & anti-censorship organizations) [access thru Simmons or link]
- 4. First Amendment – Please consider: How are these two cases alike? How are they different? What can you learn about the state of the First Amendment and access to information from these two cases? What core principles do you think you can discern? Jot down questions & confusions about the law, how legal cases work, etc. (Approx. 90 minutes.)
- Orin Kerr, “How to Read a Legal Opinion”, Green Bag Journal, 2007 )
- Reno v. ACLU, 521 U.S. 844 (1997) (PDF from Justia) (US Supreme Court case holding that the Internet is protected by the First Amendment)
- Sund v. City of Wichita Falls, Texas, 121 F. Supp. 2d 530 (N.D. Tex. 2000) (link at Google Scholar)
1/30 Censorship in Public Libraries
- GUESTS Andrea Fiorillo & Maura Deedy
Preparation & Readings for 1/30
Readings assigned by Guest Speakers:
- Why has there been a dramatic rise in censorship since 2021? Here is a great NYT article that went into root causes in the current wave: https://www.nytimes.com/2022/12/12/books/book-bans-libraries.html
- Especially if you are covering school censorship PEN America is an invaluable source of info and advocacy. This report is a good starting point: https://pen.org/report/book-bans-pressure-to-censor/
- EveryLibrary has also been a remarkable source of info and advocacy. They keep track of pending legislation affecting libraries. Here is what they have tracked for 2024 so far: https://www.everylibrary.org/billtracking that just covers the damaging bills, they’re also tracking pro library bills.
Library Procedures Readings:
Readings about Library Procedures and Library Bill of Rights Interpretations. The material is all included in Intellectual Freedom Manual, 10th edition (ALA store e-edition is $55.99 retail). Much of this material is available on the ALA website at “Selection and Reconsideration Policy Toolkit“.
ALA, Intellectual Freedom Manual 10th edition:
- IFM, pp. 3-17 – What is intellectual freedom? Barbara M. Jones and James LaRue
- IFM, pp. 23-26 – Enforcing the Code of Ethics FAQ
- IFM, pp. 33-39 – Creating Policies
- IFM, pp. 85-95 – Censorship & Challenges overview, plus Library Bill of Rights Interpretations, pp. 85-95
- “Challenged Resources”, 2019, Interpretation of the Library Bill of Rights
- “Expurgation of Library Resources”, 2014, Interpretation of the LBR
- “Internet Filtering”, 2015, Interpretation of the LBR [ALA.org]
- IFM, “How to Respond to Challenges and Concerns about Library Resources”, Kristin Pekoll & Helen R. Adams, pp. 95-107
- IFM, Collection Development & Management, plus LBR Interpretations, pp. 147-152
- “Diverse Collections”, 2019, Interpretation of the LBR [ALA.org link]
- “Evaluating Library Collections”, 2019, Interpretation of the LBR [ALA.org link]
- OPTIONAL: IFM, Internet Filters, Deborah Caldwell-Stone, pp. 115-119 (ALA.org link)
Almost all of this material is ALSO on the ALA website but organized a little differently. On the website, start with:
- Challenge Support, https://www.ala.org/tools/challengesupport
- Selection & Reconsideration Policy Toolkit, https://www.ala.org/tools/challengesupport/selectionpolicytoolkit
- Library Policy Development, https://libguides.ala.org/librarypolicy
- Library Bill of Rights Interpretations, https://www.ala.org/advocacy/intfreedom/librarybill/interpretations
2/6 Unseen Censorship; Labels & Classifications
- GUEST Jaime Taylor “how threats to intellectual freedom present in technical services, especially in the structures & systems we use”
- WORKSHOP: Discussing Lester Asheim article; scenarios
Preparation & Readings for 2/6
- GUEST SPEAKER readings:
- Jaime Taylor, “Mergers, Acquisitions, and My Tinfoil Hat” (about library software company mergers)
- SPARC, Elsevier’s data privacy practices (more of a browse than a read, as it is long)
- Readings on labels, ratings systems, etc.
- Labeling Systems: Library Bill of Rights Interpretation (2015)
- Rating Systems: Library Bill of Rights Interpretation (2019)
- Restricted Access to Library Materials: Library Bill of Rights Interpretation (2014)
- Access to Digital Resources and Services: Library Bill of Rights Interpretation (2019)
- Internet Filtering: Library Bill of Rights Interpretation (2015)
- User-Generated Content in Library Discovery Systems: Library Bill of Rights Interpretation (2019)
- Deborah Caldwell-Stone, “The Law Regarding Rating Systems” (IFM pp. 158-160)
- Readings on defining censorship:
- Lester Asheim, “Not Censorship, but Selection” (1953) [at ala.org]
- Lester Asheim, “Selection and Censorship: A Reappraisal” (1989)
- optional: “Not Censorship, But Selection” at Wikipedia
- OPTIONAL:
- Congressional Research Service, First Amendment Categories of Speech
- Ken White (Popehat), “‘The First Amendment isn’t absolute.’ Sure, but so what?”
- Kristin Pekoll, “Censorship Beyond Books” (IFM pp. 108-111)
- Theresa Chmara, “The Law Regarding Access to Library Resources: Removal of Resources” (IFM pp. 111-115)
2/13 Meeting Rooms & Establishment Clause
- GUEST Maura Deedy: 2 Massachusetts case studies
- Lecture: Establishment Clause, public forums, libraries
Preparation & Readings for 2/13
- ALA, Creating Policy for Your Library – Use of Meeting Rooms & Exhibit Spaces
- IFM, pp. 41-42
- IFM Manual Chapter 6: Meeting Rooms, Exhibit Spaces, Programming, & Education
- Library-Initiated Programs & Displays as a Resource: Interpretation of the Library Bill of Rights [ala.org]
- Meeting Rooms: An Interpretation of the Library Bill of Rights [ala.org]
- User-Initiated Exhibits, Displays, and Bulletin Boards: An Interpretation of the Library Bill of Rights [ala.org]
- Theresa Chmara, “The Law Regarding Access to Meeting Rooms, Exhibit Spaces, and Social Media” (IFM pp. 186-192)
- ALA, Committee on Diversity, Resolution on Libraries as Responsible Spaces [ala.org]
- ALA, Responding to & Preparing for Controversial Programs & Speakers Q&A [ala.org]
- ALA, Equity, Diversity, Inclusion: An Interpretation of the Library Bill of Rights [ala.org] (IFM pp. 254-258)
- OPTIONAL: ALA, Visual and Performing Arts in Libraries: An Interpretation of the Library Bill of Rights [ala.org]
- OPTIONAL: ALA, Meeting Rooms Q&A [ala.org]
- Religion in American Libraries: An Interpretation of the Library Bill of Rights [ala.org]
- Religion in American Libraries Q&A [ala.org]
- Concerned Women of America v. Lafayette County, 883 F.2d 32 (5th Cir. 1989) [google]
- OPTIONAL (for comparison with CWA):
- Pfeifer v. City of West Allis, 91 F. Supp. 2d 1253 (E.D. Wis. 2000) [google]
- Good News Club v. Milford Cent. Sch., 533 U.S. 98 (2001) [google] (school facilities)
- Faith Center v. Glover, 480 F.3d 891 (9th Cir. 2006) [google]
- Faith Center v. Glover, 2007 brief in opposition to certiorari (This is the brief of the Contra Costa public library, arguing why their policy should obtain — interesting if you want to see the persuasive mode from one side)
- OPTIONAL: Knox, 2020, “Intellectual Freedom and Social Justice” (about the philosophical assessment of library values)
2/20 Patron Behavior Policies & Rights to Receive Information
- GUEST: Martin Garnar
Preparation & Readings for 2/20
Patron Behavior Policies:
- Guidelines for the Development of Policies & Procedures Regarding User Behavior & Library Usage [ala.org] [IFM pp. 48-52]
- Economic Barriers to Library Access: An Interpretation of the Library Bill of Rights [ala.org]
- OPTIONAL: Prisoners’ Right to Read: An Interpretation of the Library Bill of Rights [ala.org]
- Kreimer v. Bureau of Police for Morristown, 958 F.2d 1242 (3d Cir. 1992) [google scholar]
- The Universal Right to Free Expression: An Interpretation of the Library Bill of Rights [ala.org]
- Theresa Chmara, “The Right to Receive Information: Libraries, the First Amendment, and the Public Forum Doctrine” (IFM, pp. 53-60) [ PDF ]
- Theresa Chmara, “The Law Regarding Access to the Library: User-Behavior Rules” (IFM 81-84) [ PDF ]
- OPTIONAL: ALA, Services to People with Disabilities: An Interpretation of the Library Bill of Rights [ala.org]
- OPTIONAL: Access to Library Resources and Services Regardless of Sex, Gender Identity, Gender Expression, or Sexual Orientation: An Interpretation of the Library Bill of Rights [ala.org]
Employee Rights:
- ALA, Speech in the Workplace Q&A
- ALA, Conflicts of Interest Q&A
- Massachusetts, FAQs for Public Library Employees on Massachusetts conflict of interest law
- ALA, Hateful Conduct in Libraries: Supporting Library Workers & Patrons
- ALA, Hate Speech & Hate Crime
- OPTIONAL: Amy Sonnie for the Government Alliance on Race & Equity, Advancing Racial Equity in Public Libraries: Case Studies from the Field (2018)
2/27 Minors & the First Amendment; School Library Censorship Cases
3/12 School Curriculum
3/19 Privacy Law & Law Enforcement
3/26 Privacy Technology
- GUEST Alison Macrina
4/2 Library Privacy Statutes
4/9 (Day after Eclipse) Student Privacy
- GUEST Allison Butler