Intellectual Freedom 
Handbook
  
Fifth Edition: 1996

The costs for the publishing 
of this handbook were 
underwritten by:

Prepared by:
TLA INTELLECTUAL FREEDOM COMMITTEE

Texas Library Association
512-328-1518 • Fax 328-8852 • 800-580-2852
3355 Bee Cave Road, Suite 401, Austin, Texas 78746-6763


C   O   N   T   E   N   T   S
Preface    Dedication

The Texas Library Association

Intellectual Freedom Statement
Assistance From TLA Intellectual Freedom Committee
Intellectual Freedom Grants and Awards

Confidentiality of Library Records Statement
Texas Law Protects the Privacy of Library Users
Texas Open Records Act
Examples of Confidentiality Violations
A Model Confidentiality Policy

First Amendment to the Constitution of the United States
Items to be Included in a Materials Selection Policy
Materials Selection and Accessibility
Resolution on Library Services for Youth
Examples of Age-Based Access Limitations
Access to Electronic Information Services and Networks
Dealing With Concerns About Library Resources
Glossary of Intellectual Freedom Terms

What to do When a Censor Comes
Librarians Are Censors When They...
Request for Reconsideration
Intellectual Freedom-Censorship Database Form
Banned Book Week
Bibliography
Potential Allies
Quotes on Intellectual Freedom

The American Library Association

Code of Ethics

Library Bill of Rights

The Freedom to Read

Freedom to View



PREFACE

This is the Fifth Edition of the Texas Library Association's INTELLECTUAL FREEDOM HANDBOOK. A perennial bestseller among TLA publications, the text serves libraries and librarians in a variety of settings. Passage of the September 1, 1993, Texas Open Records Act and several updated ALA interpretations mandated this new edition.

The Intellectual Freedom Committee appreciates all those who contributed experience with and knowledge of the basic tenets of free access to information in a time of unprecedented change and challenges.


DEDICATION

"Freedom, the joys of a democratic society, had to extend to all people or it was a myth." John Henry Faulk was an eloquent speaker for civil liberties, and these words reflect his intense belief in the rights of the individual. Texans will always revere Faulk as one of their greatest storytellers, an Austin native whose folksy, salty humor perfectly embodied the character of their land. He will also be remembered as one of America's most outspoken defenders of the First Amendment and freedom of speech.

In the late fifties, Faulk fought back against McCarthyism by winning a libel suit against AWARE, Inc., a major contributor to the blacklist tyranny that had brought his successful career in radio and television to a halt. In one of the most dramatic trials of modern times, he exposed the activities of AWARE and other vigilante organizations and broke the back of television blacklisting. The story of this struggle, Fear On Trial, became a best-seller and an award- winning television movie.

This manual is dedicated to the memory of John Henry Faulk in recognition of his lifelong fight for civil rights, racial equality, and human dignity.

John Henry Faulk
1913 - 1990


THE TEXAS LIBRARY ASSOCIATION
INTELLECTUAL FREEDOM STATEMENT

  1. Preamble

    The Texas Library Association holds that the freedom to read is a corollary of the constitutional guarantee of freedom of the press. Freedom of choice in selecting materials is a necessary safeguard to the freedom to read, and shall be protected against extra-legal, irresponsible attempts by self-appointed censors to abridge it. The Association believes that citizens shall have the right of free inquiry and the equally important right of forming their own opinions, and that it is of the utmost importance to the continued existence of democracy that freedom of the press in all forms of public communication be defended and preserved. The Texas Library Association subscribes in full to the principles set forth in the LIBRARY BILL OF RIGHTS of the American Library Association, Freedom to Read Statement, and interpretative statements adopted thereto.

  2. Areas of Concern

    1. LEGISLATION. The Texas Library Association is concerned with legislation at the federal, state, local and school district level which tends to strengthen the position of libraries and other media of communication as instruments of knowledge and culture in a free society. The Association is also concerned with monitoring proposed legislation at the federal, state, local and school district level which might restrict, prejudice or otherwise interfere with the selection, acquisition, or other professional activities of libraries, as expressed in the American Library Association's LIBRARY BILL OF RIGHTS and the Freedom to Read Statement.

      The Intellectual Freedom Committee works with the Legislative Committee to watch proposed legislation, at the various levels, which would restrict or interfere with the selection, acquisition, or other professional activities of libraries.

    2. INTERFERENCE. The Association is concerned with the proposed or actual restrictions imposed by individuals, voluntary committees, or administrative authority on library materials or on the selection judgment, or on the procedures or practices of librarians.

      The Intellectual Freedom Committee attempts to eliminate restrictions which are imposed on the use or selection of library materials or selection judgment or on the procedures or practices of librarians; receives requests for advice and assistance where freedom has been threatened or curtailed; and recommends action to the Executive Board where it appears necessary.

    3. MATERIALS SELECTION POLICY. The Texas Library Association believes that every library, in order to strengthen its own selection process, and to provide an objective basis for evaluation of that process, should develop a written official statement of policy for the selection of library materials.

      The Intellectual Freedom Committee encourages all libraries to develop a written statement of policy for the selection of library materials which includes an endorsement of the LIBRARY BILL OF RIGHTS.

    4. EDUCATION. The Texas Library Association is concerned with the continuing education of librarians and the general public in understanding and implementing the philosophy inherent in the LIBRARY BILL OF RIGHTS and the ALA Freedom to Read Statemen

      The Intellectual Freedom Committee supports an active education program for librarians, trustees, and the general public.

    5. LIAISON WITH OTHER ORGANIZATIONS. The Texas Library Association, in order to encourage a united front in defending the rights to read, shall cooperate with other organizations concerned with intellectual freedom.

      The Intellectual Freedom Committee advises on TLA positions and cooperates with other organizations.

Adopted September 15, 1972
by the TLA Council

Reaffirmed April 7, 1995
by the TLA Council

 


ASSISTANCE FROM TLA
INTELLECTUAL FREEDOM COMMITTEE

The Texas Library Association cannot provide legal counsel or direct funding to defend challenged materials but will, through its Intellectual Freedom Committee, offer the skills, experience and energy of its membership to defend established intellectual freedom principles.

To meet its charge to "respond on behalf of libraries and librarians in Texas who are challenged in protecting the access to materials," the Intellectual Freedom Committee of the Texas Library Association needs to know about such incidents. Any library employee, Friend or trustee who knows of a problem is encouraged to contact the chair of the TLA/IFC.

The Texas Library Association headquarters office in Austin (800-580-2852) can provide the telephone number of its current TLA/IFC chair. Completing a "Texas Incident Report Form" and mailing it to: Chair, TLA/IFC, 3355 Bee Cave Rd., Suite 401, Austin, TX 78746-6763 is another way to communicate with the committee chair.

The TLA/IFC chair, chosen for proven leadership and expertise on intellectual freedom issues, will advise you how to cope with the reported situation. The chair may, if appropriate, refer you to a TLA/IFC member with special experience or training by type of library (i.e., school, public, academic, special). Every effort will be made to respond to reported incidents with guidance that is timely, practical and effective. TLA/IFC will never usurp the local librarian's prerogative to resolve their own problem as the local context deems suitable or necessary.

Since May, 1985, TLA/IFC has offered to acquire copies of printed reviews of "problem" material in libraries. This service primarily benefits librarians working in small or isolated areas of Texas where extensive collections of reviewing journals may not be available. Additional printed reviews may be especially useful to support selection decisions.

If necessary, TLA/IFC will report serious incidents to the Office for Intellectual Freedom of the American Library Association.


Texas Library Association
Intellectual Freedom
GRANTS & AWARDS


TEXAS LIBRARY ASSOCIATION
CONFIDENTIALITY OF LIBRARY RECORDS

Until September, 1993 the privacy of library users was protected by a July, 1975 opinion from the Attorney General of Texas.

The confidentiality of library patrons in Texas is now protected by the Texas Open Records Act.

TEXAS LAW PROTECTS THE PRIVACY OF LIBRARY USERS

The records of library materials you borrow or use, the information you seek in the library or the library services you use cannot be disclosed to anyone except:

  1. As reasonably necessary for the operation of the library;

  2. Persons authorized, in writing, by the individual named in the records; or

  3. By order or subpoena of a district court, issued on a showing of good cause.

*As of September 1, 1993, the Texas Open Records Act protects the confidentiality of the records of any library system which is supported in whole or in part by public funds, that identify or serve to identify a person who requested, obtained, or used a library material or service.

By Armbrister SB. No. 360
TEXAS OPEN RECORDS ACT
A BILL TO BE ENTITLED
AN ACT

 
Relating to making confidential a record that would identify a person who uses library services or materials.
   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   SECTION 1. Section 3, Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
(Article 6252-17a, Vernon's Texas Civil Statutes), is amended by amending Subsection (a) and adding
Subsection (g) to read as follows:
   (a) All information collected, assembled, or maintained by or for governmental bodies, except
in those situations where the governmental body does not have either a right or access to or ownership
of the information, pursuant to law or ordinance or in connection with the transaction of official business
is public information and available to the public during normal business hours of any governmental body,
with the following exceptions only:
     (1) information deemed confidential by law, either Constitutional, statutory, or by
judicial decision;
     (2) information in personnel files, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, and transcripts from institutions of higher education maintained
in the personnel files of professional public school employees; provided, however, that nothing in this
section shall be construed by exempt from disclosure the degree obtained and the curriculum on such
transcripts of professional public school employees, and further provided that all information in personnel
files of an individual employee within a governmental body is to be made available to that individual
employee or his designated representative as is public information under this Act;
     (3) information relating to litigation of a criminal or civil nature and settlement
negotiations, to which the state or political subdivision is, or may be, a party, or to which an officer or
employee of the state or political subdivision, as a consequence of his office or employment, is or may be
a party, that the attorney general or the respective attorneys of the various political subdivisions has
determined should be withheld from public inspection;
     (4) information which, if released, would give advantage to competitors or bidders;
     (5) information pertaining to the location of real or personal property for public
purposes prior to public announcement of the project, and information pertaining to appraisals or purchase
price of real or personal property for public purposes prior to the formal award of contracts therefor;
     (6) drafts and working papers involved in the preparation of proposed legislation;
     (7) matters in which the duty of the Attorney General of Texas or an attorney of a
political subdivision, to his client, pursuant to the Rules and Canons of Ethics of the State Bar of Texas
are prohibited from disclosure, or which by order of a court are prohibited from disclosure;
     (8) records of law enforcement agencies and prosecutors that deal with the detection,
investigation, and prosecution of crime and the internal records and notations of such law enforcement
agencies and prosecutors which are maintained for internal use in matters relating to law enforcement and
prosecution;
     (9) private correspondence and communications of an elected office holder relating
to matters the disclosure of which would constitute an invasion of privacy;
     (10) trade secrets and commercial or financial information obtained from a person and
privileged or confidential by statue or judicial decision;
     (11) inter-agency or intra-agency memorandums or letters which would not be available
by law to a party in litigation with the agency;
     (12) information contained in or related to examination, operating, or condition reports
prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of
financial institutions, and/or securities, as that term is defined in the Texas Securities Act;
     (13) geological and geophysical information and data including maps concerning wells,
except information filed in connection with an application or proceeding before any agency or an electric
log confidential under Subchapter M, Chapter 91, Natural Resources Code;
     (14) student records at education institutions funded wholly, or in part, by state revenue;
but such records shall be made available upon request of educational institution personnel, the student
involved, that student's parent, legal guardian, or spouse or a person conducting a child abuse investigation
required by Section 34.05, Family Code;
     (15) birth and death records maintained by the Bureau of Vital Statistics of the Texas
Department of Health, except that:
          (A) a birth record is public information and available to the public on and after
the 50th anniversary of the date on which the record is filed with the Bureau of Vital Statistics or local
registration official; and
          (B) a death record is public information and available to the public on and after
the 25th anniversary of the date on which the record is filed with the Bureau of Vital Statistics or local
registration official;
     (16) the audit working papers of the State Auditor;
     (17) information relating to:
          (A) the home addresses or home telephone numbers of each official or
employee or each former official or employee of a governmental body except as otherwise provided by
Section 3A of the Act, or of peace officers as defined by Article 2.12, Code of Criminal Procedure, 1965,
as amended, or by Section 51.212, Texas Education Code; or 
          (B) the home addresses, home telephone numbers, or social security numbers
of employees of the Texas Department of Criminal Justice, or the home or employment addresses or
telephone numbers or the names or social security numbers of their family members;
     (18) information contained on or derived from triplicate prescription forms filed with the
Department of Public Safety pursuant to Section 481.075, Health and Safety Code;
     (19) photographs that depict a peace officer as defined by Article 2.12, Code of Criminal
Procedure, or a security officer commissioned under Section 51.212, Education Code, the release of which
would endanger the life or physical safety of the officer unless:
          (A) the officer is under indictment or charged with an offense by information; or
          (B) the officer is a party in a fire or police civil service hearing or a case in
arbitration; or
          (C) the photograph is introduced as evidence in a judicial proceeding;
    (20) rare books and original manuscripts which were not created or maintained in the
conduct of official business of a governmental body and which are held by any private or public archival
and manuscript repository for the purposes of historical research;
    (21) oral history interviews, personal papers, unpublished letters, and organizational
records of nongovernmental entities, which were not created or maintained in the conduct of official
business of a governmental body and which are held by any private or public archival and manuscript
repository for the purposes of historical research, to the extent that the archival and manuscript repository
and the donor of the interviews, papers, letters, and records may agree to limit disclosure of the item;
    (22) curriculum objectives and test items developed by educational institutions that are
funded wholly or in part by state revenue and test items developed by licensing agencies or governmental
bodies; (and)
    (23) the names of applicants for the position of chief executive officer of institutions of
higher education, except that the governing body of the institution of higher education must give public
notice of the name or names of the finalists being considered for the position at least 21 days prior to the
meeting at which final action or vote is to be taken on the employment of the individual; and
    (24) records of a library or library system, supported in whole or in part by public funds,
that identify or serve to identify a person who requested, obtained, or used a library material or service,
unless the records are disclosed:
         (A) because the library or library system determines that disclosure is
reasonably necessary for the operation of the library or library system, and the records are not confidential
under other state or federal law;
         (B) under Section 3B of this Act; or
         (C) to a law enforcement agency or a prosecutor under a court order or
subpoena obtained after a showing to a district court that:
             (i) disclosure of the records is necessary to protect the public safety; or
             (ii) the records are evidence of an offense or constitute evidence that
a particular person committed an offense.
   (g) Records of a library or library system that are excepted from required disclosure under
Subsection (a) (24) of this section are confidential.

    SECTION 2. This Act takes effect September 1, 1993.

    SECTION 3. The importance of this legislation and the crowded condition of the
calendars in both houses create an emergency and an imperative public necessity that the constitutional
rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby
suspended.

EXAMPLES OF
CONFIDENTIALITY VIOLATION


A MODEL LIBRARY CONFIDENTIALITY POLICY
[Public Library Administrators of North Texas]

Introduction

The freedom to read encourages responsible citizenship and open debate in the marketplace of ideas. The beneficial objectives of a free democratic society will be promoted if citizens have, and are assured that they have, the freedom to read and the opportunity to consider all types of information.

The First Amendment of the Constitution of the United States protects free speech and a free press. The Constitution of the State of Texas provides that "no law shall ever be passed curtailing the liberty of speech or of the press". A corollary of those constitutional guarantees is the corresponding freedom to read what is written, hear what is spoken, and view other forms of expression without fear of intrusion, intimidation or reprisal. The guarantee of privacy for readers, hearers and viewers will ensure this freedom.

The library is a central resource where information and differing points of view are available. Library users will be free to use the library and its materials and services without government, community, or individual interference.

This library policy is pursuant to Vernon's Annotated Civil Statutes, Article 6252-17a, referred herein as the Texas Open Records Act relating to making confidential a record that would identify a person who uses library services or materials.

Policy

Records of this library which identify or serve to identify a person who requests, obtains, or uses library materials or services are confidential and are excepted from required disclosure under the Texas Open Records Act.

Exceptions:
Such records generally may be disclosed only if:

  1. The library determines that disclosure is reasonably necessary to the operation of the library and the records are not confidential under other state or federal law.

  2. The records are released to the person to whom the information relates; or the person to whom the information relates has given permission, in writing, for the information to be released.

  3. The records are required under a valid court order or subpoena, as provided for under the provisions of the Texas Open Records Act.

General Guidelines In Implementing This Policy

Confidentiality of library records is a basic principle and ethical responsibility of librarianship. As a matter of policy or procedure, the library administrator should insure that:

Specific Guidelines In Implementing This Policy

Library Procedures Affect Confidentiality

Law enforcement visits aside, be aware that library operating procedures have an impact on confidentiality. The following are recommendations to bring library procedures into compliance with the Texas Open Records Act, ALA's Statements on Professional Ethics and Policy on Confidentiality:

Law Enforcement Visits

Recommended steps to take when law enforcement officers visit:

Concluding Comments

An individual's reading habits cannot be equated with his or her character or beliefs. The First Amendment does not apply only to pre-approved or popular beliefs. The First Amendment also guarantees the right to hold and espouse unpopular beliefs and ideas. The First Amendment protects dissent. The First Amendment protects against the imposition of a state or community- approved orthodoxy as well as an enforced conformity of expression and belief. The First Amendment protects all Americans' rights to read and view information and decide for themselves their points of view and opinions.

Suggested Attachments To Confidentiality Policy

  1. ALA Policy on Confidentiality of Library Records

  2. ALA Statement on Professional Ethics

  3. Sample subpoena

  4. Complete Open Records Act

Prepared by
ad hoc Confidentiality Committee
Public Library Administrators of North Texas
July, 1993


The First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


ITEMS TO BE INCLUDED IN A MATERIALS SELECTION POLICY

  1. Purpose of the library

  2. Goals of the library

  3. Purpose of the materials selection policy

  4. Clientele to be served

    1. Library's service area (include the community's projected growth)

    2. Types of people in the community

    3. Educational background of the community

    4. Special factors which might influence the selection of materials

  5. Intellectual Freedom Statements

    1. Library Bill of Rights

    2. Free Access to Libraries for Minors

    3. Statement of Labeling

    4. Intellectual Freedom Statement

    5. TLA's Intellectual Freedom Statement

  6. Library's role in cooperation

  7. Organization of the selection process (who is legally responsible and who actually selects the materials for the library)

  8. Formats (types of materials to be included in the collection)

    1. Print: Books, Newspapers, Vertical File, Periodicals, Paperbacks, Government Documents

    2. Non Print: Filmstrips/Films, Video Cassettes, Microforms, Records/Cassettes, Compact Discs, Art prints, Educational games and toys

    3. Electronic: CD Rom Programs and Databases, Computer Software, On Line Services

  9. Criteria for Selection

  10. Special collections (Local History, Texana, Genealogy, Large Print, Foreign Language)

  11. Limits of the collection (areas in which the library will not be purchasing)

  12. Gift and Memorial Policy

  13. Weeding and Discarding Policies

  14. Preservation Policy which includes binding, microforming, restoration, housing and storage

  15. Replacement and Duplicates Policies

  16. Reevaluation of the Materials Selection Policy (how often and by whom?)

  17. Reconsideration of materials form

Updated by: Charlene Edmondson, Collection Development Librarian, NETLS, June 1995


MATERIALS SELECTION AND ACCESSIBILITY
[Irving Public Library]

Principles: The materials selection and accessibility policy of the Irving Public Library is based on the following principles:

  1. The freedom to read, along with the freedom to hear and to view, is protected by the First Amendment to the Constitution. These freedoms are held to be essential to our democracy and will be upheld, supported, and defended in the selection and the provision for accessibility of all library materials.

  2. Freedom of choice in selecting materials is a necessary safeguard to the freedom to read, to hear, and to view.

  3. It is the essence of democracy that citizens shall have the right of free inquiry and equally important right of forming their own opinions. In a free society, each individual is free to determine for himself or herself what he or she wishes to read, to hear, or to view, and each group is free to determine what it will recommend to its freely associated members.

  4. Selection of materials and their inclusion in the collection does not constitute or imply agreement with or approval of the content, viewpoint, implications, or means of expression of the materials.

  5. The Library and its associated authorities do not serve in loco parentis. It is the parents or legal guardians only, who may restrict their children, and only their own children, from access to library materials. Selection will not be inhibited by the possibility that materials may inadvertently come into the possession of children. The Library subscribes to the American Library Association's Free Access to Libraries for Minors (Appendix H) and its Access for Children and Young People to Videotapes and Other Non-print Formats (Appendix J).

  6. The Library will attempt to provide materials for all members of the community the library serves, without exclusion.

  7. A person's right of access to and use of library materials will not be denied or abridged because of origin, age, background, or views.

  8. The Library recognizes that citizen input is a vital component in materials selection. This is important both for considering acquisition of new materials and for considering retaining materials already in the collection. Section V, "Patron Recommendation Regarding Materials," establishes a mechanism and procedure for this citizen input.

  9. The Library is not a judicial body. Laws governing obscenity, subversive materials, and other questionable matters are subject to interpretation by the courts. Consequently, no challenged material will be automatically removed from the library for complaints of obscenity, subversiveness, or any other category covered by law until after an independent determination by a judicial officer in a court of competent jurisdiction, following an adversary hearing and in accordance with well established principles of law shall have ruled against the material. Conversely, no materials will knowingly be selected which have previously been adjudicated to be in noncompliance with the law.

  10. The Library will attempt to select materials which (within the framework of preserving the freedom to read, hear, and view) will provide for the interest, information, enlightenment, entertainment, pleasure, education, development, appreciation, stimulation, enrichment, and/or self-improvement of library patrons of all ages, walks of life, value and interest patterns, education, opinion, and persuasion to the degree possible within budgetary constraints, material availability and degree of understanding of the above needs and desires.

  11. The Library will uphold the principles of the American Library Association's Library Bill of Rights (Appendix C), Freedom to Read Statement (Appendix D), Intellectual Freedom Statement (Appendix E), Freedom to View Statement (Appendix G), and Expurgation of Library Materials (Appendix U). In addition, the Library supports the Texas Library Association's Intellectual Freedom Statement (Appendix P).


POLICY: In accordance with the above principles, the following policies will apply in regard to materials selection and accessibility:

  1. Selection: As budgetary constraints limit the procurement of material to a small portion of what is available the selections will be made in furtherance of the above principles while attempting to maintain diversity, quality and responsiveness to interest patterns.

    1. Diversity will be pursued by attempting to meet the purposes for the use of materials for all ages and educational levels, by providing as many subject fields as possible, by providing alternative and/or opposing viewpoints, by providing unpopular as well as popular materials, and by providing a variety of materials reflective of the diversity existing in our culture and society. The Library subscribes to the American Library Association's Diversity in Collection Development (Appendix S).

    2. Quality will be pursued by the application of the professional discretion and standards established by the library profession and through the use of appropriate selection aids. Reviews in professionally recognized periodicals are a primary source for materials selection. Standard bibliographies, as well as booklists and recommendations by recognized authorities, will be used.

    3. Responsiveness to interest patterns will be pursued by careful considerations of requests for purchases, patterns of utilization of existing materials, patterns of purchases of similar materials from retailers, and any other source of information indicative of community interest patterns. An attempt will be made to meet, to the degree possible, the interests of all in the community, while acknowledging and recognizing that this is an ideal to be pursued rather than an achievable objective. Responsiveness to the interest of one individual or group will not be restricted on the basis of the dislike or disinterest of another individual or group.

    4. Selections may be made on the basis of any one, several, or all of the above considerations.

    5. Excessive duplication will not occur in the selection of materials. This will generally apply to books that are not of general interest, such as professional works, textbooks, some religious materials, and others available elsewhere to special interest groups. Materials may also not be selected if the field is already covered by the existing collection.

    6. Materials which do not conform to or lend themselves to library use or format will usually be excluded.

    7. Selections will be made within budgetary constraints and with regard to the overall pattern of the existing compliance with all policies and principles.

    8. Gifts and unsolicited materials will be evaluated in light of the above policies and principles as per any other selection. (see Section XI. - Gift Memorials, and Other Donations Policy).

    9. Patron requests for the purchase of materials will be evaluated in light of the above policies and principles as per any other selection. Reporting on requested materials that are not purchased by the library will be made by reference to the Material Selection and Accessibility Policy Statement.

    10. The Library keeps the collection vital and useful by retaining or replacing essential materials, and by removing, on a systematic and continuous basis, those works that are worn, outdated, of little historical significance, or no longer in demand. The Library subscribes to the American Library Association's Evaluating Library Collections (Appendix T).

  2. Accessibility to all library materials will not be restricted or prejudiced.

    1. Restriction will be avoided by allowing all patrons access to all materials and by allowing all library card holders to check out any library materials (subject to library card use restrictions) regardless of origin, race, age, gender, background or views.

    2. Prejudice will be avoided by not labeling materials other than by providing classification (e.g., Dewey Decimal System), directional aids, and major categorization of interest patterns. See the American Library Association's Statement on Labeling (Appendix Q). The distinction between the children and youth versus the adult section will be made on assumed differential interest patterns. Appropriateness of the materials for minors is the sole responsibility of the parent/legal guardian.

  3. Responsibility and Authority

Final responsibility and authority for materials selection rests with the Director of the Irving Public Library who will operate within a framework of policies and principles adopted by the City Council of Irving. The staff of the library will operate under the Director's delegated authority.

The Library is authorized to develop such procedures and guidelines as may be necessary to carry out these Materials Selection and Accessibility policies.

Prepared by Irving Public Library
Department of Libraries
City of Irving, Texas - 1994

 


RESOLUTION ON LIBRARY SERVICES FOR YOUTH

Resolved:

TLA hereby affirms the right of youth, in the context of their own development of a set of values, to comprehensive sex-related materials and programs of the highest quality; and

Resolved:

TLA hereby affirms the active role of librarians in providing sex-related education materials and referral; and

Resolved:

TLA urges librarians and library educators to reexamine existing policies and practices, and to assume a leadership role in seeing that information is available for children and adolescents, their parents and youth-serving professionals at the state and local level in order to assure that comprehensive sex-related education materials and referral service for youth are publicized and accessible.

Adopted without dissent July 23, 1978
by the TLA Council


EXAMPLES OF AGE-BASED ACCESS LIMITATIONS

Some specific examples of denial of equal access include, but are not limited to:

Intellectual Freedom Manual, 4th edition. Office for Intellectual Freedom. American Library Association, 1992.

Access to Electronic Information, Services, and Networks

The American Library Association is discussing several draft versions of Access to Electronic Information, Services, and Networks. A completed version is expected in 1996.

If you would like to receive a copy when it becomes available send a post card to Texas Library Association.

 
3355 Bee Cave Road, Suite 401
Austin, Texas 78746-6763

Please send a copy of Access to Electronic Information, Services, and Networks to the following:


Name ______________________________________________________________________________

Address ___________________________________________________________________________

City ______________________________________State __________________Zip ____________

 


DEALING WITH CONCERNS ABOUT LIBRARY RESOURCES

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 respectful and fair manner. The complaints that librarians often worry about the most are those dealing with library resources or free access policies. The key to successfully handling these complaints is to be sure the library staff and the governing authorities are all knowledgeable about the complaint procedures and their implementation. As normal operating procedure each library should:

  1. Maintain a materials selection policy. It should be in written form and approved by the appropriate governing authority. It should apply to all library materials equally.

  2. Maintain a library service policy. This should cover registration policies, programming and services in the library that involve access issues.

  3. Maintain a clearly defined method for handling complaints. The complaint must be filed in writing and the complainant must be properly identified before action is taken. A decision should be deferred until fully considered by appropriate administrative authority. (A sample form is attached.) The process should be followed, whether the complaint originates internally or externally.

  4. Maintain in-service training. Conduct periodic in-service training to acquaint staff, administration, and the governing authority with the materials selection policy and library service policy and procedures for handling complaints.

  5. Maintain lines of communication with civic, religious, educational, and political bodies of the community. Library board and staff participation in local civic organizations and presentations to these organizations should emphasize the library's selection process and intellectual freedom principles.

  6. Maintain a vigorous public information program on behalf of intellectual freedom. Newspapers, radio and television should be informed of policies governing resource selection and use, and of any special activities pertaining to intellectual freedom.

  7. Maintain familiarity with any local municipal and state legislation pertaining to intellectual freedom and First Amendment rights.

    Following these practices will not preclude receiving complaints from pressure groups or individuals but should provide a base from which to operate when these concerns are expressed. When a complaint is made, follow one or more of the steps listed below:

     

    1. Listen calmly and courteously to the complaint. Remember the person has a right to express a concern. Use of good communication skills helps many people understand the need for diversity in library collections and the use of library resources. In the event the person is not satisfied, advise the complainant of the library policy and procedures for handling library resource statements of concern. If a person does fill out a form about their concern, make sure a prompt written reply related to the concern is sent.

    2. It is essential to notify the administration and/or the governing authority (library board, etc.) of the complaint and assure them that the library's procedures are being followed. Present full, written information giving the nature of the complaint and identifying the source.

    3. When appropriate, seek the support of the local media. Freedom to read and freedom of the press go hand in hand.

    4. When appropriate, inform local civic organizations of the facts and enlist their support. Meet negative pressure with positive pressure.

    5. Assert the principles of the LIBRARY BILL OF RIGHTS as a professional responsibility. Laws governing obscenity, subversive material and other questionable matter are subject to interpretation by courts. Library materials found to meet the standards set in the materials selection policy should not be removed from public access until after an adversary hearing resulting in a final judicial determination.

    6. Contact the ALA Office for Intellectual Freedom and your state intellectual freedom committee to inform them of the complaint and to enlist their support and the assistance of other agencies.

The principles and procedures discussed above apply to all kinds of resource related complaints or attempts to censor and are supported by groups such as the National Education Association, The American Civil Liberties Union and the National Council of Teachers of English, as well as the American Library Association. While the practices provide positive means for preparing for and meeting pressure group complaints, they serve the more general purpose of supporting the LIBRARY BILL OF RIGHTS, particularly Article 3 which states that: "Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment."

__________________________
Office for Intellectual Freedom
American Library Association
50 East Huron Street
Chicago, Illinois 60611
(312) 944-6780

Revised by the ALA Intellectual Freedom Committee, January 12, 1983
(ISBN 8389-6487-7)


GLOSSARY OF INTELLECTUAL FREEDOM TERMS

The American Library Association's Office for Intellectual Freedom released the following glossary of intellectual freedom terms in February 1985. These terms describe the various levels of incidents that may or may not lead to censorship.

INQUIRY:

An information request, usually informal, that seeks to determine the rationale behind the presence or absence of a particular item in a collection.

EXPRESSION OF CONCERN:

An inquiry that has judgmental overtones. The inquirer has already made a value judgment on the material in question.

COMPLAINT:

An oral charge against the presence and/or appropriateness of the material in question.

CHALLENGE:

A formal written complaint filed with the library questioning the presence and/or appropriateness of specific material.

ATTACK:

A publicly worded statement questioning the value of the material, presented to the media and/or others outside the library organization, in order to gain public support for further action.

CENSORSHIP:

The removal of material from open access by any governing authority or its representative (boards of education/trustees, principals/library directors, etc.)

Case study example using "Glossary of Terms"

Ms. Kemp, librarian, is approached by Mr. Estrada, parent of a nine year old.

INQUIRY:

Ms. Kemp, I am wondering why the library has a book on this topic in the children's section.

EXPRESSION OF CONCERN:

Ms. Kemp, it is really surprising that a librarian would offer this book to children.

COMPLAINT:

Ms. Kemp, I have to say that this is not a book that should be in our children's library. It is simply not appropriate for young readers.

CHALLENGE:

Ms. Kemp, I have answered all the portions of the complaint form you gave me. Here is a copy of my formal request that the book be removed from the library.

ATTACK:

Mr. Estrada writes to the editor of local newspaper: "Recently my young son selected a book from the local library. A book on this kind of subject should not be checked out to children. My wife and I hope others will join with us in protecting the children of our community and get books of this sort out of the library."

CENSORSHIP:

Mr. Estrada, as library director, I am responding to the complaint you and Mrs. Estrada filed. The book to which you objected was reviewed by a committee formed in accordance with library policy. The committee's decision was to place that title into the adult portion of our library.

Discussion: In what ways was the Library Bill of Rights violated? How might all parties better serve the interests of free inquiry?

Texas Library Association
Intellectual Freedom Committee

 


WHAT TO DO WHEN A CENSOR COMES

WHAT TO DO BEFORE A CENSOR COMES

WHAT TO DO IF A CENSOR COMES

Librarians are censors when they...

Fail to acquire a title which patrons would find useful and is within selection policy but might cause questions or challenges.

Limit a class of users from certain materials.

Place materials on possibly sensitive issues on restricted shelves.

Label some materials in order to "warn" possible users.

Respond to a challenge by removing materials without benefit of reconsideration process.

Avoid updating selection or reconsideration policy which is out of date rather than facilitate governing board understanding the Library Bill of Rights and how its interpretations apply.

Obliterate or otherwise change illustrations or language in material in order to avoid possible complaints.

Argue that to present all points of view on a subject would offend some users.

Deny library use to someone based on age, gender, views or background.

Assist in developing institutional policies which exclude some users from free access.

Cooperate in violating a user's right to privacy of library records.

Provide meeting room space to some groups rather than others based on intent to limit free expression.

Limit acquisition of library cards based on age or grade level.

Charge fees or require deposits for some users based on discrimination against certain groups.

Shrink from providing completely free access to materials which librarian finds disagreeable.

Neglect services which provide full access to individuals with physical or mental impairment.

Remove an issue of a periodical or restrict access.

Ignore the responsibility for educating the public on role libraries play in a democratic society.

Neglect the duty of instruction in new technology.

Texas Library Association
Intellectual Freedom Committee


Request for Reconsideration Form

Intellectual Freedom - Censorship Database Form


CAUTION! SOME PEOPLE CONSIDER THESE BOOKS DANGEROUS

AMERICAN HERITAGE DICTIONARYTHE BIBLE ARE YOU THERE GOD? IT'S ME, MARGARET OUR BODIES, OURSELVES TARZAN ALICE'S ADVENTURES IN WONDERLAND THE EXORCIST THE CHOCOLATE WAR CATCH 22 LORD OF THE FLIES ORDINARY PEOPLE SOUL ON ICE RAISIN IN THE SUN OLIVER TWIST A FAREWELL TO ARMS THE BEST SHORT STORIES OF NEGRO WRITERS FLOWERS FOR ALGERNON ULYSSES TO KILL A MOCKINGBIRD ROSEMARY'S BABY THE FIXER DEATH OF A SALESMAN MOTHER GOOSE CATCHER IN THE RYE THE MERCHANT OF VENICE ONE DAY IN THE LIFE OF IVAN DENISOVICH GRAPES OF WRATH THE ADVENTURES OF HUCKLEBERRY FINN SLAUGHTERHOUSE FIVE GO ASK ALICE BANNED BOOKS WEEK- CELEBRATING THE FREEDOM TO READ

"BANNED BOOK WEEK" is observed annually during the last week of September. Co-sponsored by the American Library Association, the American Booksellers Association, the American Booksellers Foundation for Free Expression, the Association of American Publishers, the American Society of Journalists and Authors, and the National Association of College Stores, also endorsed by the Center for the Book of the Library of Congress. A kit containing reports of challenges, clip art and ideas for publicity and activities is available from ALA OIF.

BIBLIOGRAPHY

Berninghausen, David K. The Flight From Reason: Essays on Intellectual Freedom in the Academy, the Press, and the Library. American Library Association, 1975.

Boardman, Edna M. Censorship: The Problem That Won't Go Away. Linworth, 1993.

Censored Books: Critical Viewpoints. Edited by Nicholas J. Karolides and others. Scarecrow, 1993.

Censorship: 500 Years of Conflict. The New York Public Library. Oxford University Press, 1984.

Confidentiality in Libraries: An Intellectual Freedom Modular Education Program. Edited by Anne Penway. American Library Association, 1993.

de Grazia, Edward. Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius. Random, 1992.

de Grazia, Edward and Roger K. Newman. Banned Films: Movies, Censors and the First Amendment. Bowker, 1982.

Dealing with Censorship. Edited by James E. Davis. National Council of Teachers of English, 1979.

Foerstel, Herbert N. Banned in the U.S.A.: A Reference Guide to Book Censorship in Schools and Public Libraries. Greenwood, 1994.

The Freedom to Read. Edited by Haig A. Bosmajian. Neal-Schuman, 1987.

Hentoff, Nat. The First Freedom: The Tumultuous History of Free Speech in America. Delacorte, 1980. Free Speech for Me -- But Not for Thee: How the American Left and Right Relentlessly Censor Each Other. HarperCollins, 1992.

Harer, John and Steven R. Harris. Censorship of Expression in the 1980s: A Statistical Survey. Greenwood, 1994.

Hoffmann, Frank. Intellectual Freedom and Censorship: An Annotated Bibliography. Scarecrow, 1989.

Intellectual Freedom Manual. Office for Intellectual Freedom. American Library Association, current edition.

Jansen, Sue Curry. Censorship: The Knot That Binds Power and Knowledge. Oxford University Press, 1991.

Johnson, Claudia. Stifled Laughter: One Woman's Story About Fighting Censorship. Fulcrum, 1994.

Leinwand, Gerald. Freedom of Speech. Facts on File, 1990.

Marsh, Dave. 50 Ways to Fight Censorship: And Important Facts to Know About the Censors. Thunder's Mouth, 1991.

McDonald, Frances Beck. Censorship and Intellectual Freedom: A Survey of School Librarians' Attitudes and Moral Reasoning. Scarecrow, 1993.

Preserving Intellectual Freedom: Fighting Censorship in Our Schools. Edited by Jean E. Brown. National Council of Teachers of English, 1994.

Reichman, Henry F. Censorship and Selection: Issues and Answers for Schools, revised edition. American Library Association, 1993.

Strossen, Nadine. Defending Pornography: Free Speech, Sex and the Fight for Women's Rights. Scribner, 1995.

Trager, Oliver. The Arts and Media in America: Freedom or Censorship? Facts on File, 1991.

War of Words: The Censorship Debate. Edited by George Beahm. Andrews and McMeel, 1993.

Potential Allies

American Booksellers Foundation for Free Expression
828 White Plains Road
Tarrytown, NY 10591
914 591-2665
FAX: 914 591-2720
Internet: HTTP:/WWW.AMBOOK.ORG/BOOKWEB/
Index on Censorship
Lancaster House
33 Islington High Street
London, England N19LH
Contact: Ursula Owen, Editor
071 278-2313
FAX: 071 278-1878
Internet: indexoncenso@gn.apc.org
American Civil Liberties Union
132 W. 43rd Street
New York, NY 10036
212 944-9800
FAX: 212 354-5290
National Coalition Against Censorship
275 Seventh Avenue - 20th Floor
New York, NY 10001
212 807-6222
FAX: 212 807-6245
E-Mail: ncac@netcom.com
American Library Association
Office for Intellectual Freedom
50 E. Huron Street
Chicago, IL 60611
312 280-4223
FAX 312 280-4227
Internet: Donna.Reidy@ala.org
The National Council of the Churches of Christ in the U.S.A.
475 Riverside Drive
Room 852
New York, NY 10115
212 870-2227
FAX: 212 870-2030
Internet In care of mike maus@parti.ecunet.org

Association of American Publishers
71 5th Avenue
New York, NY 10003-3004
212 255-0200
FAX: 212 255-7007
National Humanities Alliance
21 Dupont Circle
Suite 800
Washington, DC 20036
202 296-4994
FAX: 202 872-0884
Internet: arlhq@cni.org

Authors Guild
330 W. 42nd Street - 29th Floor
New York, NY 10036
212 563-5904
FAX: 212 564-5363
America Online: Author Guild
Pipeline Internet: authors@pileline.com
Compuserve: 73602,2610
PEN American Center
568 Broadway #401
New York, NY 10012
212 334-1660
FAX: 212 334-2181
Internet: pen@echonyc.com

Freedom to Read Foundation
50 E. Huron Street
Chicago, IL 60611
312 280-4226
FAX: 312 280-4227
Internet: Donna.Reidy@ala.org
People for the American Way
2000 M Street NW #400
Washington, DC 20036
202 467-4999
FAX: 202 293-2672

QUOTES ON INTELLECTUAL FREEDOM

"We have preserved the Book, and the Book has preserved us." - David Ben-Gurion

"To the press alone, checkered as it is with abuse, the world is indebted for all the triumphs which have been gained by reason and humanity over error and oppression." - Thomas Jefferson

"Books and ideas are the most effective weapons against intolerance and ignorance." - Lyndon Baines Johnson

"I fear more harm from everybody thinking alike than from some people thinking otherwise." - Charles G. Bolte

"In the long run of history, the censor and the inquisitor have always lost. The only sure weapon against bad ideas is better ideas. The source of better ideas is wisdom." - Alfred Whitney Griswold

"Censorship reflects a society's lack of confidence in itself. It is hallmark of an authoritarian regime..." - U. S. Justice Potter Stewart

"The film is apparently meaningless, but if it has any meaning it is doubtless objectionable." British Board of Film Censors on THE SEASHELL AND THE CLERGYMAN

"Freedom does not guarantee masterpieces." - E. M. Forster

"Everybody favours free speech in the slack moments when no axes are being ground." - Heywood Brown

"One of the greatest pains to human nature is the pain of a new idea." - Walter Bagehot

"Wherever books are burned, men also, in the end, are burned." - Heinrich Heine

"Don't join the book burners. Don't think you are going to conceal thoughts by concealing evidence that they ever existed." - Dwight D. Eisenhower

"It is impossible for ideas to compete in the marketplace if no forum for their presentation is provided or available." - Thomas Mann

"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 what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours." - THE FREEDOM TO READ STATEMENT

"He that would make his own liberty secure, must guard even his enemy from opposition; for if he violates this duty he establishes a precedent that will reach to himself." - Thomas Paine

"Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear." - Harry S. Truman

"A censor is an expert in cutting remarks. A censor is a man who knows more than he thinks you ought to." - Dr. Laurence Peter

"Restrictions of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us." - U.S. Justice William O. Douglas


AMERICAN LIBRARY ASSOCIATION

Code of EthicsLibrary Bill of Rights and Interpretations Freedom to Read Statement Freedom to View


CODE OF ETHICS

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.

  1. 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.

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

  3. 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.

  4. We recognize and respect intellectual property rights.

  5. 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.

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

  7. 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.

  8. 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 ALA Council, June 28, 1995


Library Bill of Rights

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

  1. 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.

  2. 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.

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

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

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

  6. 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.

Adopted June 18, 1948.
Amended February 2, 1961, June 27, 1967, and January 23, 1980, by the ALA Council

ACCESS FOR CHILDREN AND YOUNG PEOPLE TO VIDEOTAPES AND OTHER NON PRINT FORMATS

An Interpretation of the LIBRARY BILL OF RIGHTS

Library collections of videotapes, motion pictures, and other nonprint formats raise a number of intellectual freedom issues, especially regarding minors.

The interests of young people, like those of adults, are not limited by subject, theme, or level of sophistication. Librarians have a responsibility to ensure young people have access to materials and services that reflect diversity sufficient to meet their needs.

To guide librarians and others in resolving these issues, the American Library Association provides the following guidelines:

Article V of the LIBRARY BILL OF RIGHTS says, "A person's right to use a library should not be denied or abridged because of origin, age, background, or views."

ALA's FREE ACCESS TO LIBRARIES FOR MINORS: An Interpretation of the LIBRARY BILL OF RIGHTS states:

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, or legal emancipation of users violates Article V.

...[P]arents - 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