The Patriot Librarian: Ethics, Intellectual Freedom,

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The Patriot Librarian Ethics,
Intellectual Freedom, Other Thorny Issues
LS 501 Introduction to Library
Information Studies
Revised Summer 2006
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The ALA Code of Ethics

• 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.

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The ALA Code of Ethics
2. We uphold the principles of intellectual
freedom and resist all efforts to censor library
resources. 3. We protect each users right to
privacy and confidentiality with respect to
information sought or received and resources
consulted, borrowed, acquired, or transmitted.
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The ALA Code of Ethics
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 of all
employees of our institutions.
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The ALA Code of Ethics
6. We do not advance private interests at the
expense of library users, our 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 the representation of the aims of
our institutions or the provision of access to
their information resources.
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The ALA Code of Ethics
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 our
profession.
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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.
• Select materials to serve all people -- do not
  exclude materials on basis of origin, background,
  or views
• Cover all points of view -- do not limit or
  remove because of partisan or doctrinal
  disapproval
• Challenge censorship
• Resist abridgement of free expression and ideas
• Do not deny use on basis of patrons origin, age,
  background or views
• Ensure equitable access to library exhibits and
  spaces

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Official Interpretations of the Library Bill of
Rights (partial list)

• Access to Library Resources and Services
  Regardless of Gender or Sexual Orientation
• Access to Resources and Services in the School
  Library Media Center Academic Libraries
• Challenged Materials
• Diversity in Collection Development Evaluating
  Collections
• Economic Barriers to Information Access
• Exhibit Spaces and Bulletin Boards Meeting Rooms

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Freedom to Read/View Proposition

• Diversity of views/expressions are in the public
  interest, even unorthodox and unpopular view
• Endorsement is neither necessary nor desirable
• Contrary to public interest to bar authors on
  basis of personal history or political
  affiliations
• No place in our society to coerce the taste of
  others, to confine adults to what is deemed
  suitable for adolescents, or to inhibit artistic
  expression
• Labeling is not in the public interest
• Professional responsibility to contest
  encroachments
• Professional responsibility to provide quality
  and diversity (not just absence of restraint
  but also positive provision of opportunity)

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Official Interpretations of the Library Bill of
Rights Access

• Access to Children and Young People to Video
  Tapes and Other Nonprint Formats
• Free Access to Libraries for Minors
• Labeling
• Filtering -- Childrens Internet Protection Act
  (CIPA)

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Official Interpretations of the Library Bill of
Rights Access for Minors

• Libraries cant predict what resources will best
  meet interests of needs of any individual based
  on a single criterion of chronological age, level
  of education, or legal emancipation.
• Collections should not be diluted because minors
  have same access as adults.
• Institutional self-censorship diminishes
  credibility of the library and restricts access.
• Parents and only parents (or guardians) have the
  right to set restrictions for their own children.
• Libraries shouldnt resort to restrictions to
  avoid actual or anticipated objections.

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Official Interpretations of the Library Bill of
Rights School Library Media Program

• Plays unique role in promoting intellectual
  freedom serves as a point of voluntary access
  to information and ideas and as learning
  laboratory for children
• Sustains an atmosphere of free inquiry
• Works with teachers and cooperates with others in
  building collections appropriate to students and
  objectives of the school district
• Helps students and teachers experience the free
  and robust debate characteristic of a democratic
  society.
• Provides resources for linguistic pluralism
• Use educational criteria in collection
  development, free of constraints, and resist
  efforts to restrict or define access
• Implement district and school policies (which
  should include collection development and
  procedures for review)

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Official Interpretations of the Library Bill of
Rights School Library Media Program

• Major barriers between students and resources
• Imposing age or grade level restrictions
• Limiting use of ILL 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
• Examples of school library policies can help

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Official Interpretations of the Library Bill of
Rights Censorship

• What is censorship?
• Suppression of ideas and information, using the
  power of the state to promote opinions of one
  individual or group -- prejudging materials for
  someone everyone
• Shouldnt some things be censored?
• According to US Supreme Court obscenity, child
  pornography, defamation, fighting words
  (including hate speech), speech associated with
  national security
• What is obscenity?
• Community standards/ average person defines it
  prurient
• Depicts or describes certain sexual acts defined
  by state law in patently offensive way
• Reasonable persons view that it lacks value

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Official Interpretations of the Library Bill of
Rights Censorship v. Selection

• Censorship is exclusive, an effort to deny access
  or suppress ideas and information.
• Selection is inclusive, an effort to seek out
  materials that help a library fulfill its mission
  and that of its community or parent organization.
• No library can acquire everything.
• Decisions cannot be based on personal biases or
  to simply to avoid confrontation.

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Official Interpretations of the Library Bill of
Rights Censorship

• Expurgation of Library Materials
• deletion, excision, alteration, editing, or
  obliteration of any part(s) of books or other
  library resources by the library, its agent, or
  its parent institution (if any)
• Denies access to complete work and entire
  spectrum of ideas that the work intended to
  express
• Challenged Materials
• Those that meet clearly defined materials
  selection policy should not be removed under any
  legal or extra-legal pressure
• Must have challenge procedures in place (call ALA
  if necessary)

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Official Interpretations of the Library Bill of
Rights Censorship

• Banned Books Week -- last week of September -- to
  remind Americans not to take the freedom of
  expression and the freedom to read for granted
• Motives of the censor -- compelled to protect
  others
• ALA provides guidance, sample policies, tactics,
  support, and monitors challenges (will sometimes
  provide legal support)
• Libraries -- need policies, procedures, staff
  training
• Confidentiality policies -- protect patrons from
  snoopers and establish legal procedures

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Top 15 Banned Books, 1990-1999

• 1. Scary Stories (Series) by Alvin Schwartz
• 2. Daddys Roommate by Michael Willhoite
• 3. I Know Why the Caged Bird Sings by Maya
  Angelou
• 4. The Chocolate War by Robert Cormier
• 5. The Adventures of Huckleberry Finn by Mark
  Twain
• 6. Of Mice and Men by John Steinbeck
• 7. Harry Potter (Series) by J.K. Rowling
• 8. Forever by Judy Blume
• 9. Bridge to Terabithia by Katherine Paterson
• 10. Alice (Series) by Phyllis Reynolds Naylor
• 11. Heather Has Two Mommies by Leslea Newman
• 12. My Brother Sam Is Dead by James Lincoln
  Collier Christopher
• Collier
• 13. The Catcher in the Rye by J.D. Salinger
• 14. The Giver by Lois Lowry
• 15. Its Perfectly Normal by Lois Lowry

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Official Interpretations of the Library Bill of
Rights Censorship

• What is blocking/filtering software?
• Restricts Internet access on basis of content
• Problems with blocking/filtering in libraries
• Publicly supported libraries forbidden by First
  Amendment to restrict access based on view or
  discrimination
• Inclusion rather then exclusion
• Filters impose producers point of view, using
  vague/subjective criteria
• Most software designed for home market
• One size fits all cannot adapt to age/maturity
  of users
• Librarians do not serve in loco parentis filter
  implies protection
• Obscenity and child pornography laws already
  protect libraries and their users

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Official Interpretations of the Library Bill of
Rights Censorship

• Childrens Internet Protection Act (CIPA)
• Basics -- Federal government forces public
  libraries to control access by using software
  filters or lose e-rate/federal funding.
• Libraries must comply if adults may ask to have
  blocking removed.
• Public libraries that receive e-rate funds and
  school libraries must block for minors (under age
  17).
• Some public libraries reject federal funds and do
  not filter (Tuscaloosa Public Library).

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Intellectual Freedom National Security

• Restriction of information that could threaten
  the security of the nation
• Violation of privacy in the interests of
  protecting the nation
• FBI Library Awareness Program (1970s) --
  investigating of the use of libraries by foreign
  agents to gather unclassified scientific and
  technical information or for recruiting
• Other FBEye programs

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Privacy and the
USA Patriot Act

• Uniting and
• Strengthening
• America by
• Providing
• Appropriate
• Tools
• Required to
• Intercept and
• Obstruct
• Terrorism Act of 2001
• other
• other
• other

broad legislation that changes immigration laws,
tightens controls on money laundering, and
greatly expands the legal use of electronic
surveillance
Renewed with revisions 3/7/06 Adds 3-part test
to obtain court order eliminates mandatory
one-year waiting period for judicial review of
nondisclosure requirement
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USA Patriot Act

• Broadly changes immigration laws, tightens
  controls on money laundering, and greatly expands
  the legal use of electronic surveillance (both
  telephone and computer)
• Expands use of roving wiretaps to follow
  suspects wherever they go (including libraries)
• Expands pen/trap from phones only to Internet
  use
• Expands Foreign Intelligence Surveillance Act
  (FISA) through less restrictive standards (i.e.,
  probable cause not necessary)

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USA Patriot Act in Libraries

• More surveillance orders, more requests for
  library records, including Internet use
• Law enforcement has access via computer server or
  library records, print or electronic
• FBI may use DCS1000 (Carnivore) software on
  library server to gather information
• FBS may use surveillance technology outside the
  library
• Gag order for all staff, etc.
• ALA Resolutions re USA Patriot Act and
  Anti-Terrorism Activities
• Affirms right of the government to protect
• Encourages educating library staff, patrons,
  trustees, etc., about the Patriot Act and library
  issues related to privacy and confidentiality
• Views certain parts of Patriot Act endangers
  constitutional rights
• Opposes censorship and use of government power to
  intimidate, suppress, coerce, or compel speech

UPDATE May 2006
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USA Patriot Act in Libraries

• Should libraries comply?
• Yes, but advisedly with court order (search
  warrant v. subpoena).
• Library policies are important (some libraries
  are dropping some patron files more quickly).
• Do not destroy any records once court order has
  been issued.
• Train the front desk staff to follow procedures,
  even in the face of law enforcement or other
  authority.
• Contact ALA Office for Intellectual Freedom and
  request legal advice without disclosing the
  existence of a court order.

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SAFE Act of 2005

• Security And Freedom Ensured Act
• Alternative/amendment to PATRIOT Act
• Places reasonable limitations on the use of
  surveillance and the issuance of search warrants,
  and for other purposes.
• Modifies FISA to require that orders specify the
  target or place to be wiretapped and conducted
  only when suspect is present
• Limits the authority to delay notice of the
  issuance of such a search warrant
• Amends FISA to require specific and articulable
  facts giving reason to believe that the person
  to whom the records pertain is a foreign power or
  an agent thereof.
• Provides that libraries shall not be treated as
  wire or electronic communication service
  providers
• Opposed by Bush Administration /Buried in
  committee

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Conclusion Libraries -- An American Value

• Contract with the people served
• We defend the constitutional rights of all
  people.
• We value diversity.
• We affirm the responsibility and right of parents
  and guardians to guide their own children.
• We connect people and ideas.
• We protect the rights of individuals to express
  their opinions about library resources and
  services.
• We celebrate and preserve our democratic society.
• Freedom itself is a dangerous way of life, but
  it is ours. ALA Freedom to Read Statement

The Information Society A Context for Libraries
-- Coming up next !