FREEDOM MANUAL
FOR
KANSAS
Prepared by the Intellectual Freedom
Committee of the Kansas Association of
School Librarians, 1999.
"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."
The First Amendment of the Bill of Rights to the U.S. Constitution.
Kansas Association of School Librarians
Intellectual Freedom Committee
Jane Barnard Williamson, Co-Chair
Katherine Chance, Co-Chair
SIRS Mandarin, Inc.
P.O. Box 272348
Boca Raton, FL 33427-2348
PREFACE
The publication of the Intellectual Freedom Manual of Kansas, 1999, is the result of the combined efforts of the Kansas Association of School Librarians, the Kansas Library Association, and SIRS Mandarin, Inc. This manual was written to help librarians in the State of Kansas with intellectual freedom issues and to provide them with resources when their libraries come under the scrutiny of a censor. This manual is intended to assist in personal and professional efforts to defend the principles of intellectual freedom and the First Amendment.
Jane Barnard Williamson, Library Director
Rose Hill High School Library
May, 1999
SPECIAL APPRECIATION
The members of the Kansas Association of School Librarians Intellectual Freedom Committee would like to recognize the Intellectual Freedom Coalition of the Kansas Library Association for providing the first Intellectual Freedom Manuals for Kansas librarians in 1988 and 1993. Without their efforts this publication would not be possible. We would also like to thank the Kansas Library Association for their contributions and recommendations to this edition of the manual. Some documents have been provided by the American Library Association and are reprinted here with their permission. Janel Woolley a student in the IHT (In-House Training) class at Rose Hill High School, Rose Hill, Kansas, provided the desk-top publishing for the manual. SIRS Mandarin, Inc. printed this manual as a part of their contribution to promote intellectual freedom.
American Values StatementAmerican Library Association Intellectual Freedom Websites Index
Material Selection Policy/Checklist
Policy on Confidentiality of Library Records
Challenge Form Sample/Citizens Request for Recommendations
Acceptable Use Policy (AUP) Sample
Internet Research Form Outline
Material in this manual may be reproduced.
Libraries in America are cornerstones of the communities they serve. Free access to the books, ideas, resources, and information in America's libraries is imperative for education, employment, enjoyment, and self-government.
Libraries are a legacy to each generation, offering the heritage of the past and the promise of the future. To ensure that libraries flourish and have the freedom to promote and protect the public good in the 21st century, we believe certain principles must be guaranteed.
To that end, we affirm this contract with the people we serve
We defend the constitutional rights of all individuals, including children and teenagers, to use the library's resources and services; We value our nation's diversity and strive to reflect that diversity by providing a full spectrum of resources and services to the communities we serve;
We affirm the responsibility and the right of all parents and guardians to guide their own children's use of the library and its resources and services; We connect people and ideas by helping each person select from and effectively use the library's resources;
We protect each individual's privacy and confidentiality in the use of library resources and services;
We protect the rights of individuals to express their opinions about library resources and services;
We celebrate and preserve our democratic society by making available the widest possible range of viewpoints, opinions and ideas, so that all individuals have the opportunity to become lifelong learners - informed, literate, educated, and culturally enriched.
By embracing these principles, libraries in the United States can contribute to a future that values and protects freedom of speech, in a world that celebrates both our similarities and our differences, respects individuals and their beliefs, and holds all persons truly equal and free.
Ann Symons, 1999 American Libraries Association President.
Adopted by the Council of the American Library Association, February 3, 1999.
The America Library Association webpage www.ala.org provides tremendous links that address censorship and intellectual freedom issues. Some of them are listed below. Librarians facing challenges may find these sites both informative and inspirational.
American Association of School Librarians
ALA Office for Intellectual Freedom
Challenged Material/Banned Books
Interpretations of the Library Bill of Rights
Under the New Hampshire Library Association Intellectual Freedom Manual website are the following links:
*Access for Children and Young People to Videotapes and Other Nonprint Formats
*Access to Electronic Information, Services, and Networks
*Access to Resources and Services in the School Library Media Program
*Challenged Materials
*Diversity in Collection Development
*Evaluating Library Collections
*Expurgation of Library Materials
*Free Access to Libraries for Minors
*Restricted Access to Library Materials
*The Universal Right to Free Expression
INTELLECTUAL FREEDOM IN THE LIBRARY*
Tip Sheet
Checklist to see if your library is prepared for a censorship challenge.
1. Does your library have a written materials selection policy?
2. Has the policy been formally adopted by the governing board?
3. Is it revised and updated regularly?
4. Does your policy include a written procedure for handling complaints?
5. Are you aware of state/national organizations that are advocates of intellectual freedom?
Checklist if you have a complaint.
1. Remain calm and be courteous to the individual complainant.
2. Ask the complainant to fill out and return a written complaint form.
3. Present governing board with a written factual account of the situation.
4. Do your homework. Review reasons material was selected for your collection.
5. Contact your state and national organizations for intellectual freedom information and assistance.
IF CHALLENGED, CALL FOR HELP FROM THE FOLLOWING ORGANIZATIONS:
KANSAS ASSOCIATION OF SCHOOL LIBRARIANS
(316) 773-6723
Executive Secretary Judy Eller
KANSAS LIBRARY ASSOCIATION
1-800-234-0529
901 N. Main Street
Hutchinson, KS 67501
AMERICAN LIBRARY ASSOCIATION
1-800-545-2433
Office for Intellectual Freedom
50 East Huron Street
Chicago, IL 60611
*The tip sheet is intended as a quick reference to use when facing a challenge.
MATERIAL SELECTION POLICY*
A library must have a written material selection policy that applies to all library materials in all formats and refers to all the kinds of media a library uses to access and retrieve information. The policy should reflect the library's philosophy of service to the local community and should be adopted by the governing board. The policy should include a standard written complaint form to be completed by the library patron.
The written materials selection policy should include the following basic elements:
1. Library goals/mission statement
2. Profile of library community
3. Library Bill of Rights/intellectual freedom statements
4. Selection criteria
5. Formats
6. Special collections/gifts
7. Replacement/weeding policy
8. Challenge procedure/form
9. Regular reevaluation of policy
10. Approval by governing board
*New Hampshire Library Association Intellectual Freedom Manual. http://www.state.nh.us/nhla/
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.
I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
V. A persons right to use a library should not be denied or abridged because of origin, age, background, or views. VI. 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.
THE FREEDOM TO READ
The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in various parts of the country are working to remove books from sale, to censor textbooks, to label "controversial" books, to distribute lists of "objectionable" books or authors, and to purge libraries. These actions apparently rise from a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to avoid the subversion of politics and the corruption of morals. We, as citizens devoted to the use of books and as librarians and publishers responsible for disseminating them, wish to assert the public interest in the preservation of the freedom to read . . . .
The freedom to read is guaranteed by the Constitution. Those with faith in free people will stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights.
We therefore affirm these propositions:
1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those which are unorthodox or unpopular with the majority.2. Publishers, librarians and booksellers do not need to endorse every idea or presentation contained in the books they make available. It would conflict with the public interest for them to establish their own political, moral or aesthetic views as a standard for determining what books should be published or circulated.
3. It is contrary to the public interest for publishers or librarians to determine the acceptability of a book on the basis of the personal history or political affiliations of the author.
5. It is not in the public interest to force a reader to accept with any book the prejudgment of a label characterizing the book or author as subversive or dangerous.
6. It is the responsibility of publishers and librarians, as guardians of the peoples freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community at large.
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.
I. 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.
II. We uphold the principle of intellectual freedom and resist all efforts to censor library resources.
III. 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.
IV. We recognize and respect intellectual property rights.
V. 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.
VI. We do not advance private interests at the expense of library users, colleagues, or our employing institutions.
VII. 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.
VIII. We strive for excellence in the profession by maintaining and enhancing our own knowledgeand skills, by encouraging the professional development of co-workers, and by fostering the aspirations of potential members of the profession.
POLICY ON CONFIDENTIALITY
OF LIBRARY RECORDS
The Council of the American Library Association strongly recommends that the responsible officers of each library, cooperative system, and consortium in the United States:
1. Formally adopt a policy which specifically recognizes its circulation records and other records identifying the name of library users to be confidential in nature.*
2. Advise all librarians and library employees that such records shall not be made available to any agency of state, federal, or local government except pursuant to such process, order, or subpoena as may be authorized under the authority of, and pursuant to, federal, state, or local law relating to civil, criminal, or administrative discovery procedures or legislative investigative power.
3. Resist the issuance or enforcement of any such process, order, or subpoena until such time as a proper showing of good cause has been made in a court of competent jurisdiction.**
*Note: See also ALA Code of Ethics, point III: "We protect each library users right to privacy and confidentiality with respect to information sought or received, and materials consulted, borrowed, acquired or transmitted."
**Note: Point 3, above, means that upon receipt of such process, order, or subpoena, the librarys officers will consult with their legal counsel to determine if such process, order, or subpoena is in proper form and if there is a showing of good cause for its issuance; if the process, order, or subpoena is not in proper form or if good cause has not been shown, they will insist that such defects be cured.
K.S.A. 45-221: Public Records, Documents and Information.
CITIZEN'S REQUEST FOR RECONSIDERATION
Book or other material:
Author (if known):
Publisher (if known):
Request initiated by:
Telephone Address:
City State Zip Code:
1. To what in the material do you object? (Please be specific; cite pages or items.)
2. What do you feel might be the result of using this material?
3. For what age group would you recommend this material?
4. Is there anything good about this material?
5. Did you read or view the entire material? What parts?
6. Are you aware of the judgment of this material by literary critics?
7. What do you believe is the theme of this material?
8. What would you like your school/library to do about this material?
9. In its place, what material of equal literary quality would you recommend that would convey as valuable a picture and perspective of our civilization?
Signature of Complainant Date
INTERNET FILTERS
Kansas Library Association Statement on Internet Filtering
The Kansas Library Association recognizes concerns regarding access to the Internet. The use of Internet filters to prevent such access has been widely suggested, but poses many problems for libraries. Filters can block valuable information, thus preventing the library from fulfilling one of its prime missions. In addition, filters may prove unconstitutional in public institutions, since some of the information they block is constitutionally protected speech.
The Kansas Library Association does not recommend the use of Internet filters in libraries and emphatically opposes attempts by federal and state governments to mandate their use. We believe that decisions regarding use of Internet filters must remain with local boards.
Adopted by KLA Council, June 16, 1998, and adopted by KASL Council, August 8, 1998.
American Library Association Resolution
on the Use of Internet Filters
WHEREAS, On June 26, 1997, the United States Supreme Court issued a sweeping re-affirmation of core First Amendment principles and held that communications over the Internet deserve the highest level of Constitutional protection; andWHEREAS, The Court's most fundamental holding is that communications on the Internet deserve the same level of Constitutional protection as books, magazines, newspapers, and speakers on a street corner soapbox. The Court found that the Internet "constitutes a vast platform from which to address and hear from a world-wide audience of millions of readers, viewers, researchers, and buyers," and that "any person with a phone line can become a town crier with a voice that resonates farther than it could from any soapbox"; andWHEREAS, For libraries, the most critical holding of the Supreme Court is that libraries that make content available on the Internet can continue to do so with the same Constitutional protections that apply to the books on libraries' shelves; and
WHEREAS, The Court's conclusion that "the vast democratic fora of the Internet" merit full Constitutional protection will also serve to protect libraries that provide their patrons with access to the Internet; and WHEREAS, The Court recognized the importance of enabling individuals to receive speech from the entire world and to speak to the entire world. Libraries provide those opportunities to many who would not otherwise have them; and
WHEREAS, The Supreme Court's decision will protect that access; and
WHEREAS, The use in libraries of software filters which block Constitutionally protected speech is inconsistent with the United States Constitution and federal law and may lead to legal exposure for the library and its governing authorities; now, therefore, be it
RESOLVED, That the American Library Association affirms that the use of filtering software by libraries to block access to constitutionally protected speech violates the Library Bill of Rights.
ACCEPTABLE USE POLICY*
School/Library
Town, KS
Dear Parent:
(Your School/Library) is pleased to offer limited Internet access to our students. In order for students/patrons to take advantage of the vast resources of the Internet, parents and students must first sign the contract printed below. All users must share the responsibility for seeing that our computer facilities are used in an effective, efficient, ethical and lawful manner. It is a privilege to have access to these extraordinary resources and therefore, all users must agree they will comply with these rules.
1. I will use appropriate behavior.
2. I will be courteous to others on the network and on the Internet.
3. I will use the equipment with care.
4. I will use only software which my teacher has assigned to me.
5. I will connect only to sites which have been allowed by the teacher.
6. I understand the computer systems have been set up for me and may not be changed.
7. I will use only "school-appropriate" language, pictures, and data on the computers.
8. I will follow the copyright laws which protect programs, data, books and pictures.
9. I will report problems to a teacher.
10. I will leave all materials, equipment, and parts in the lab or computer area so the systems will be in good working order for the next user.
11. I will remember to keep ALL food and drinks out of the lab or computer area.
12. I will help keep the lab or computer area clean and orderly by recycling unwanted paper, picking up personal items, etc.
13. I will have a teachers permission for using the Internet, computers, or lab.
14. I will complete an "Internet Research Form" prior to beginning an online search.
_________________________________________________________________
(Detach and return to Your School/Library)
I understand and accept my responsibilities detailed above as a user of the Internet and technology at (Your School/Library), and I am aware that if I choose not to follow the guidelines, I may lose my Internet technology privileges, or may receive disciplinary action.
Student Signature Date
I have read and understand the guidelines regarding appropriate use of technology and the Internet by (Your School/Library) students. I also understand there is objectionable material available on the Internet and, by following the guidelines above, my child should not be exposed to this material. I agree to support and uphold the guidelines.
Parent Signature Date
*Needs to be adapted for public library Internet use.
INTERNET RESEARCH FORM
Use of Internet access at (Your School) Library must have a specific academic purpose. No phone lines, modems or computers are to be used for "surfing" on the Internet.
Instructor:
Student:
Date:
Please explain what you need to accomplish while on the Internet:
Specific key-word searches you will use while on the Internet.
Example: 1. concentration camps; 2. Nazi death camps; 3. World War II prisoners of war;
4. Dachau
a.
b.
c.
d.
URL address(es):
Internet Guidelines
Students must have their instructor's written permission to use the Internet. Students must use Netscape to access the World Wide Web. Use of applications, such as phone, e-mail, web development, and chat rooms is not permitted.
Students may print documents, with the assistance of the library staff. A student may print a maximum of 10 pages per day on their specific academic topics. Additional pages will be at a cost of 10¢ per page.
Any use of the computer and Internet beyond the key word searches above will result in loss of privileges or other appropriate punishment.
Student Signature
Teacher Signature
INTELLECTUAL FREEDOM BIBLIOGRAPHY
American Libraries. Censorship Watch. (monthly subscription with censorship feature).
American Library Association. Intellectual Freedom Action News, monthly subscription.
American Library Association. Banned Books Week-Celebrating the Freedom to Read, published annually.
Buechner, Maryanne. "Filter Out the Filth: Are Public Filters a Form of Censorship?" Time, April 27, 1998, p. 22.
Coetzee, J.M. Giving Offense: Essays on Censorship. Chicago, IL: University of Chicago Press, 1997.
Couvares, Francis G., ed. Movie Censorship and American Culture. New York: Smithsonian Institution Press, 1996.
DelFattore, Joan. What Johnny Shouldn't Read: Textbook Censorship in America. New York: Yale University Press, 1994.
Edwards, June. Opposing Censorship in the Public Schools: Religion, Morality, and Literature. New York: L. Erlbaum, 1998.
Fine, Sara. "How the Mind of a Censor Works: The Psychology of Censorship." School
Library Journal, January 1996, p. 23-27.
Flagg, Gordon. "Bill Ties Universal-Service Funds to Internet Filters." American Libraries, March 1998, p. 13.
Foerstel, Herbert N. Banned in the U.S.A.: A Reference Guide to Book Censorship in Schools and Public Libraries. New York: Greenwood Publishing Group, 1994.
Glick, Andrea. "ALA Target By Anti-Porn Group." School Library Journal, April 1998, p. 17.
Gold, John C. Board of Education V. Pico: Book Banning. New York: Twenty-First Century Books, 1995.
Haycock, Ken. "Appropriate Use and Internet Filters." Emergency Librarian, January-February 1998, p. 7.
Hielsberg, Amy. "Self-censorship Starts Early: A Library School Student Learns an Unexpected Lesson When She Tackles a Touchy Topic." American Libraries, September 1994, p. 768-770.
Hopkins, Dianne McAfee. "Perspectives of Secondary Library Media Specialists About Material Challenges." School Library Media Quarterly, Fall 1992, p. 15-24.
Hopkins, Dianne McAfee. "Put It in Writing: What You Should Know About Challenges to School Library Materials," School Library Journal, January 1993, p. 26-30.
Johnson, Claudia. Stifled Laughter: One Woman's Story About Fighting Censorship. New York: Fulcrum Publishers, 1996.
Karolides, Nicholas J. and Lee Burress and John M. Kean. Censored Books: Critical Viewpoints. New York: Scarecrow Press, 1993.
Manley, Will. "Are We Free to Talk Honestly About Intellectual Freedom?" American Libraries, October 1997, p. 112.
Office for Intellectual Freedom Staff. Intellectual Freedom Manual, 5th ed. Chicago, IL: American Library Association, 1996.
Oder, Norman. "Intellectual Freedom Legislation: The State of the States." Library Journal, April 1, 1998, p. 54-57.
Olson, Renee. "MO Librarian Loses Job, Blames Family Friendly Libraries." School Library Journal, April 1998, p. 12-13.
Power, Brenda Miller, ed. Reading Stephen King: Issues of Censorship, Student Choice, and Popular Literature. New York: National Council of Teachers of English, 1997.
Rossuck, Jennifer. "Banned Books: A Study of Censorship." English Journal, February 1997, p. 67-70.
Saltman, Judith. "Censoring the Imagination: Challenges to Children's Books." Emergency Librarian, January 1998, p. 8-12.
Schneider, Karen. "Figuring Out Filters: A Quick Guide to Help Demystify Them." School Library Journal, February 1998, p. 36-38.
Schneider, Karen G. A Practical Guide to Internet Filters. New York: Neal-Schuman Publishers, 1997.
Simmons, John S., ed. Censorship: A Threat to Reading, Learning, Thinking. New York: International Reading Association, 1999.
Symons, Ann K. Protecting the Right to Read: A How-to-Do-It Manual for School and Public Librarians. New York: Neal Schuman Publishers, 1995.
INTELLECTUAL FREEDOM ORGANIZATIONS
|
KANSAS ASSOCIATION OF SCHOOL LIBRARIANS Executive Secretary 8517 W Northridge Wichita, KS 67205 316-773-6723 |
MOUNTAIN PLAINS LIBRARY ASSOCIATION Executive Secretary 414 E. Clark St. Vermillion, SD 57069-2390 605-677-6082 FAX 605-677-5488 |
|
KANSAS LIBRARY ASSOCIATION Executive Secretary 901 N. Main St. Hutchinson, KS 67501 1-800-234-0529 FAX 316-663-1215 |
NATIONAL COUNCIL OF TEACHERS OF ENGLISH 1111 Kenyon Rd. Urbana, II 61801 1-800-369-6283 FAX 217-328-9645 |
|
AMERICAN LIBRARY ASSOCIATION 50 E. Huron St. Chicago, IL 60611 1-800-545-2433 FAX (312)280-4227 |
AMERICAN FEDERATION OF TEACHERS 555 New Jersey Ave., N.W. Washington, D.C. 20001 202-879-4400 |
|
Office for Intellectual Freedom E-mail: oif@ala.org Freedom to Read Foundation E-mail: ftrf@ala.org American Association of School Librarians E-mail: aasl@ala.org |
NATIONAL EDUCATION ASSOCIATION 1201 16th St., N.W. Washington, D.C. 20036-3290 202-833-4000 |
|
Intellectual Freedom Round Table E-mail: ifrt@ala.org Public Library Association E-mail: pla@ala.org Young Adult Library Services Association E-mail: yalsa@ala.org |
KANSAS NATIONAL EDUCATION ASSOCIATION 715 W. 10th St. Topeka, KS 66612-1686 1-800-432-3573 FAX 785-232-6012 |
|
PEOPLE FOR THE AMERICAN WAY 2000 M. St., NW, Suite 400 Washington, D.C. 20036 1-800-326-PFAW FAX (202) 293-2672 |
AMERICAN CIVIL LIBERTIES UNION OF KANSAS AND WESTERN MISSOURI 1010 West 39th St. Kansas City, MO 64111 816-756-3113 |
|
NATIONAL COALITION AGAINST CENSORSHIP 275 Seventh Ave. New York, NY 10001 212-807-6222 FAX 212-807-6245 |
ASSOCIATION OF AMERICAN PUBLISHERS 71 Fifth Ave. New York, NY 212-255-0200 FAX 212-255-7007 |
|
SIRS MANDARIN, INC. P.O. Box 272348 Boca Raton, FL 33427-2348 1-800-232-7477 FAX 561-994-4704 |
NEW HAMPSHIRE LIBRARY ASSOCIATION P.O. Box 2322 Concord, NH 03302 |
|
AMERICAN BOOKSELLERS ASSOCIATION 828 South Broadway Tarrytown, NY 10591 1-800-637-0037 FAX 914-591-2720 |
INTELLECTUAL FREEDOM QUOTES AND NOTES
|
Principles of intellectual freedom and resist all efforts to censor library resources." ALA Code of Ethics |
burners. Do not think you are going to conceal thoughts by concealing evidence that they ever existed." Dwight D. Eisenhower |
|
you say, but I will defend to the death your right to say it." Voltaire |
"I believe that the everyday job description of anyone working in a library should include the defense of intellectual freedom." Duane Meyers, Oklahoma County Library System |
"Every burned book
enlightens the world."
Ralph Waldo Emerson