Intellectual Freedom Handbook

INTRODUCTION

This handbook was revised and expanded in the spring of 2003, to help librarians across the state of Maine develop policies and procedures for dealing with censorship attempts. Challenges to library materials and resources must be actively addressed so that we, as information professionals, can continue to provide the widest possible variety of materials, ideas and information to our patrons. It is essential that libraries have written policies and established procedures for dealing with intellectual freedom issues, and it is our sincere hope that the materials included in this handbook facilitate their preparation. Copies of this manual are available online at the MASL website (www.MASLibraries.org) and the MLA website (http://mainelibraries.org/), in addition to being available in paper form.

ROLE OF THE INTELLECTUAL FREEDOM COMMITTEE

The charge of the Intellectual Freedom Committee is to prevent infringement of intellectual freedom as guaranteed by the United States Constitution and the Library Bill of Rights of the American Library Association. The goals of the Intellectual Freedom Committee are:

• To foster an understanding of and commitment to the principles of intellectual freedom.
• To promote and extend the principle that the individual has a right to information; To promote and extend the principle that it is the responsibility of each individual to determine for him/herself what he/she will read, see or hear;
• To promote and extend the principle that it is the responsibility of librarians to make accessible the widest possible variety of materials, information and ideas. It is a continuing professional obligation of librarians to give the highest priority to the freedom of inquiry.

DEALING WITH CHALLENGES TO MATERIALS

All libraries can be pressured by groups and individuals who hope to use the library as an instrument of their own tastes and views. Also, patrons of all walks of life can find materials on library shelves about which they hold fervent and honestly-felt objections. It is necessary above all to treat all such objections forthrightly, but with respect and courtesy. When a confrontation with an individual or pressure group does occur, take one or more of the steps listed below:

• Listen calmly and courteously to the question and, should it be necessary, advise the complainant of the library's procedure for reconsideration of materials. Be aware that some people may simply be expressing their opinion of the materials in question, rather than challenging their availability in the community. If necessary, handle the question according to established rules, and treat the group or individual with dignity and courtesy.
• Take immediate steps to notify the administration and/or the governing authority (Library Board, etc.) of the question and assure them that the library's procedures are being followed. Present full, written information giving the nature of the complaint, identifying the source.
• Contact a member of the MLA/MASL Intellectual Freedom Committee to inform them of the issue and to enlist their support. Even though censorship must be countered at the local level, there is value in the support and assistance of agencies outside the region. They can often cite parallel cases and suggest methods of meeting an attack.
• When appropriate, seek the support of the local media. Freedom to read and freedom of the press go hand in hand.
• When appropriate, inform local civic organizations of the facts and enlist their support. Meet negative pressure with positive pressure.
• Defend the principle of the freedom to read as a professional responsibility. Only rarely is it necessary to defend the individual item. Laws governing accessibility of materials are subject to interpretation by the courts. Library materials found to meet the standards set in the selection policy should not be removed from public access until after an adversary hearing which results in a final judicial determination.

THE BEST PROTECTION IS BEING PREPARED

Intellectual freedom may be challenged at any time. Quick, effective action is crucial in meeting these censorship attempts. Successful management of such incidents is not possible without advance planning and preparation. As normal operating procedure, each library should:

1. Maintain Current Policies and Procedures.

These should include collection development policies, meeting room use policies, exhibition space policies, etc. These should be in written form, approved by the appropriate governing authority, and accessible to staff and patrons, upon request.

2. Maintain a Written Method for Handling Complaints.

These procedures should be approved by the appropriate governing authority. Each staff member should be aware of the location of the procedures and should have a thorough knowledge of them. The complaint must be filed in writing and be properly identified before action is taken. A decision should be deferred until the case is fully considered by an appropriate administrative authority.

3. Conduct Periodic Workshops.

Acquaint staff, administration and the governing authority with the collection development policy and the method for handling complaints.

4. Maintain Lines of Communication with Civic, Religious, Educational and Political Bodies in the Community.

Library Board and staff participation in local civic organizations should emphasize the library's selection process and intellectual freedom principles.

5. Maintain a Vigorous Public Relations Program on Behalf of Intellectual Freedom.

Public relations is an ongoing part of the management function. A good public relations program is imperative for the continued growth of library services. It also keeps the community aware of the library's responsibilities concerning intellectual freedom. Libraries must commit personnel time and budgetary support to maintain an ongoing public relations program.

6. Maintain Familiarity with Local Municipal and State Legislation Pertaining to Intellectual Freedom and First Amendment Rights.

The traffic on the MeLibs listserv about the Patriot Act alone is a graphic demonstration that this is an issue in continuous flux. Privacy issues, confidentiality issues, and freedom to read issues are all receiving lively attention. State laws are easily accessible on the Maine website (www.state.me.us), and professional discussion lists provide daily insight to an evolving situation. Stay informed.

INTELLECTUAL FREEDOM COMMITTEE PROCEDURES AND SERVICES

Any contact with the Intellectual Freedom Committee, be it reporting, asking questions, or requesting information, will be considered confidential. At each stage, the Committee representative will request permission from the person initiating the action, before others are brought into the process.

Intellectual Freedom Committee: MLA site--http://mainelibraries.org/com_if.html

MASL site--http://www.maslibraries.org/about/intelfred/intelfred.html

A. REPORTING INCIDENTS AND REQUESTING ASSISTANCE

Generally, situations concerning Intellectual Freedom are either a complaint about material in a collection or a specific attempt to have items removed from the collection.

The Committee believes that reports about complaints (even if there was no serious attempt to remove the item) are needed by the rest of the Maine library community because it will alert others to potentially controversial material, and knowledge of the method used to prevent a formal attempt to remove material could be helpful to others.

The Committee urges that all libraries submit a Censorship Database Form to the chair of the Intellectual Freedom Committee (Name and address in each issue of Maine Memo) for each incident. A copy of this form is included in this handbook.

B. ASKING QUESTIONS

Members of the Intellectual Freedom Committee are available to answer questions from library staff and other decision makers whenever they may arise. Such questions might include:

--Do I have a potential censorship/intellectual freedom incident occurring?

--What groups or individuals are available to assist?

--How have others handled this type of situation?

--Why do I need a collection development policy?

We are happy to provide support in the form of reviews, letters and interviews. Where time and proximity permit, committee members could also appear at meetings or other discussions. A committee member will follow up any contact either with a telephone call, a letter or a visit. WITH YOUR PERMISSION, a committee member may talk to other appropriate groups or individuals.

The committee maintains various information resources as well, such as a questioned materials list, a challenged materials list, and this manual. Additional copies of all of these sources can be obtained by contacting the committee at the following address:

Intellectual Freedom Committee
c/o Media Services
State House Station 64
Augusta, Maine 04364

Other possible contacts: Kelley McDanial King Middle School Portland, ME mcdank@portlandschools.org Phone: Fax:

Nancy McGinnis, Librarian Hubbard Free Library 115 Second Street Hallowell, Maine 04347 Phone: 207-622-6582 mcginnis@saturn.caps.maine.edu Fax: 207-621-0907

INTELLECTUAL FREEDOM INVENTORY

1. Does your policy statement make clear the role of the library in protecting intellectual freedom?

2. Are library materials and services protected by the principles of intellectual freedom listed in your policy? Have you included language to deal with unforeseen circumstances, such as "including, but not limited to?"

3. Do you state who may or may not have access to library materials and services and why?

4. If there are any valid reasons your library may impose restrictions on a library collection, do you outline the specific conditions under which such restrictions may be imposed?

5. Who will be responsible for responding to patron inquiries? What is the chain of command?

6. Is the procedure for handling requests for reconsideration (challenges to minors' access, complaints about patron behavior, etc.) outlined in a clear, step-by-step manner? Does it include reporting the incident to ALA's Office for Intellectual Freedom?

7. How is the procedure to be taught, and to whom?

8. Do you list the procedure for adopting the policy?

9. Are there provisions for notifying the public of the policy?

10. Are exemptions, exceptions or special conditions enumerated? Do you address needs unique to your library's environment?

11. If your library is part of a cooperative system, are your policies consistent or do they conflict?

12. Is the procedure for responding to threats of lawsuits or other legal action outlined?

13. Are the "Library Bill of Rights," the "Statement on Professional Ethics," and applicable interpretations of the "Library Bill of Rights" mentioned or acknowledged in policy? Does your policy conform to these important documents?

ALA'S CODE OF ETHICS, 1981

ALA'S THE FREEDOM TO READ

ALA'S LIBRARY BILL OF RIGHTS

ACCEPTABLE USE POLICIES

The following URLs offer guidelines for both school and public libraries for the formation of acceptable use policies for Internet access.

http://www.rice.edu/armadillo/acceptable.html

http://mustang.coled.umn.edu/Started/use/Acceptableuse.html

http://www.monroe.lib.in.us/~lchampel/netadv3.html

SAMPLE SCHOOL SELECTION POLICY

What follows here is a school selection policy, but can be adapted for public or special library use as needed.

The ________________ School Committee recognizes that it is the primary objective of the library media centers in our schools to implement, enrich, and support the educational programs of the schools. It is the duty of the library media center to provide a wide range of materials on all levels of difficulty, with diversity of appeal and the presentation of different points of view.

To this end, the ________________ School Committee reaffirms the Bill of Rights for school library media programs and asserts that the responsiblity of the school library media center is:

To provide materials that will enrich and support the curriculum, taking into consideration the varied interest, abilities, and maturity levels of the student served.

To provide materials that will stimulate growth in factual knowledge, literary appreciation, aesthetic values and ethical standards.

To provide a background of information which will enable students to make intelligent judgements in their daily life.

To provide materials on opposing sides of controversial issues so that young citizens may develop under guidance the practice of critical analysis of all media.

To provide materials representative of the many religious, ethnic, and cultural groups and their contribution to our American heritage.

To place principle above personal opinion and reason above prejudice in selection of materials of the highest quality in order to assure a comprehensiv collection appropriate for the users of the library media center.

In addition, the _______________ School committee recognizes that the final authority as to what materials an individual student will be exposed rests with that student's parents or guardians. However, at no time will the the wishes of one child's parents to restrict his/her reading or viewing of a particular item infringe on another parent's rights to permit their child to read or view the same material.

Responsibility for selection of library materials

The _______________ School committee is legally responsible for all matters relating to the operation of schools. The responsibility for the selection of instructional materials is delegated to the professionally trained personnel employed by the school department.

Selection of materials for the library media centers involves many people: principals, teachers, department heads, students and community members. The responsibility for the coordination of the selection of library materials and the recommendation for purchase rests with the professionally trained, certified library

media people.

Criteria for selection

The needs of the individual school based on knowledge of the curriculum and of the existing collection are given first consideration.

Materials for purchase are considered on the following bases: overall purpose, timeliness or permanence, importance of the subject matter, quality of the writing/production, readability and popular appeal, authoritativeness, reputation of the publisher/producer, reputation and significance of the author/artist/ composer/producer, etc., and format and price.

Gift materials are judged by the same standards and are accepted or rejected by those standards. Multiple copies of outstanding and much in demand materials are purchased as needed. Worn or missing standard items are replaced periodically.

Out of date or no longer useful materials are withdrawn from the collection.

Textbooks are not purchased, nor are multiple copies to supplement classroom sets.

Procedures for selection

In selecting the materials for purchase, the library media center personnel evaluates the existing collection, consulting reputable, unbiased, professionally prepared selection aids and specialists from all departments and/or all grade levels. Whenever possible, purchase of non-print materials shall be done only after personal evaluation by the librarian/media specialist or any other professional staff.

Reviewing aids may be used in lieu of personal evaluation. Books and other print items should be purchased only if favorably reviewed in one or more of the selection aids or if they have been personally reviewed.

Challenged Materials

Despite the care taken to select materials for student and teacher use and the qualifications of the persons who select the materials, it is recognized that occasional objections may be raised by community members, students or school staff.

In the event a complaint is made, the following procedures will apply:

1. The complaint shall be heard first by the person providing the materials in question.

2. The complainant shall be referred to the building principal and requested to fill out the "Request for Review of Library Materials" form. A copy of the form will be forwarded to the Superintendent of Schools.

3. The Superintendent shall appoint a committee composed of the following persons to review the complaint: one principal at the appropriate grade level; one librarian/media specialist; one classroom teacher; the department head in the subject area of the challenged materials; one community member.

4. The review committee shall: read and examine the materials referred to them; check general acceptance of the materials by reading reviews; weigh values and faults against each other and form opinions based on the materials as a whole and not on passages or portions pulled out of context; meet to discuss the material and to prepare a written report on it.

5. The report of the committee shall be forwarded to the Superintendent of Schools who will inform the complainant of the results.

6. No materials shall be removed from use until the committee has made a final decision.

REQUEST FOR REVIEW OF LIBRARY MATERIALS

Author:_____________________________________

Hardcover:_____Paperback:____

Title:______________________________________________________

Publisher (if known): ___________________________________________

Request initiated by____________________________________________

Telephone:_________________Address:_______________________

Street or Box #

City or Town Zip Code

Complainant represents: ____Self ____Organization or other group

Name of Organization or Group:____________________________________________

1. To what in the book do you object? (Please be specific; cite pages.)

2. What do you feel might be the result of reading this book?

3. For what age group would you recommend this book?

4. Is there anything good about the book?

5. Did you read the entire book?

If not, what parts?

6. Are you aware of the judgment of this book by literary critics?

7. What do you believe is the theme of this book?

8. What would you like the library to do about this book?

9. In its place, what book of equal literary quality would you recommend that would convey as valuable a picture and perspective of our civilization?

Date Signature of Complainant

---

ALA OFFICE FOR INTELLECTUAL FREEDOM

CHALLENGE DATABASE FORM

ALA OIF Use Only

OIF Record No.: - Date of Report: File by:

1. CHALLENGED WORK

Title: ____________________________________________________________________________________

Author/Performer(s): ______________________________________________________________________

(last, first name)

Copyright/Issue Date: ____________________________ Publisher/Producer: _________________

ALA OIF Use Only

Origin: ____ Submitted* ____ Published In NIF: ____ Yes—date:

Comments/Reference Files: _________________________________________________________________

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. TYPE OF WORK

Print: ____Book ____Textbk ____Mag. ____Nwsppr. ____Pamph. ____Play ____Student Publn.

Non-Print: ____Artwork ____Film ____Photo ____Sound Recording ____Video ____CD-ROM

Other: ____Collection ____Exhibit ____Performance ____Speech ____On-Line Resources ____Other:

3. GROUNDS FOR CHALLENGE: (check all applicable)

Cultural Sexual Values Social Issues

____ Anti-Ethnic ____ Homosexuality ____ Anti-Family ____ Abortion

____ Insensitivity ____ Nudity ____ Offensive Language ____ Drugs

____ Racism ____ Sex Education ____ Political Viewpoint ____ Occult/Satanism

____ Sexism ____ Sexually Explicit ____ Religious Viewpoint ____ Suicide

____ Inaccurate ____ Unsuited to Age Group ____ Violence

____ OTHER: ____________________________________________________________________________________

4. INITIATOR OF CHALLENGE:

____ Administrator ____ Bd Member ____ Clergy ____ Parent ____ Teacher ____Patron ____Elected Official

____ Government ____ Pressure Group ____Religious Orgn. ____Other Initiator

— over —

5. ORGANIZATIONS SUPPORTING CHALLENGE:

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

6. INSTITUTION BEING CHALLENGED:

Name: ___________________________________________________________________________________

Address: _________________________________________________________________________________

City: ________________________________________ State: ________ Zip Code: ______________

Phone: ___________________________________________

7. TYPE OF INSTITUTION BEING CHALLENGED:

School-Related: ____ School or____ School Library: Grade Level Affected ____ to ____

Other Library: ____ Academic ____Public ____Prison ____Special

____ College/University ____ Community Group ____ Museum/Gallery ____ Publisher

____ Student Group ____ Theater ____Other: ______________________________________________

8. CONTACT PERSON FOR INSTITUTION:

Name: ___________________________________________________________________________________

Address: _________________________________________________________________________________

City: _______________________________________ State: ______ Zip Code: ______________

Phone: ____________________________________________

Fax: ______________________________________________

E-Mail: __________________________________________________________________________________

9. STATUS OF MATERIAL

____Unknown ____Material Retained ____Materials Removed ____Materials Stolen/Defaced

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