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Challenges by pengxuebo

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									   Writing Collection Development
Policies and Responding to Challenges
  to Materials to Stave Off Lawsuits



  Infopeople Webcast


 Tuesday July 11, 2006
12:00 noon to 1:00 p.m   Mary Minow, J.D., A.M.L.S.
                                  LibraryLaw.com
                          consult@librarylaw.com
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      Legal Disclaimer


• Legal information


• Not legal advice!
                 AGENDA
1. Legal Lens: Who Decides
   What‟s in Library‟s Collection?


2. Elements of Collection
   Development Policies

3. Responding to Challenges
     1. Who Decides What
    Goes in Library Collection?




          Librarians


Author

                         Legislator
         Library Board
     Selection v. Removal




Librarian doesn’t buy book
No judicial review
Selection v. Removal




       Book removal by the government
       may invite judicial review
Selection v. Removal




       Book removal by the government
       may invite judicial review
     U.S. Supreme Court and
        Book Censorship
1982 PICO
School library book
 removal case




                      Bd. of Ed. v. Pico, 457 U.S. 853 (1982)
 PICO: School Board
Removed Nine Books
          “anti-American,
           anti-Christian,
           anti-Semitic, and
           just plain filthy”




         Bd. of Ed. v. Pico, 457 U.S. 853 (1982)
 PICO: School Board
Removed Nine Books
          “anti-American,
           anti-Christian,
           anti-Semitic, and
           just plain filthy”

          Settlement:
          books returned to
          shelves


         Bd. of Ed. v. Pico, 457 U.S. 853 (1982)
 School Boards do NOT have unrestricted authority
 May consider vulgarity and educational suitability,
 but not merely the unorthodox ideas represented

Classrooms       School libraries
                SchoolLibraries         Public Libraries
educationally                                  freewheeling
suitable




                  in between


                          Bd. of Ed. v. Pico, 457 U.S. 853 (1982)
          School Libraries Today
    Courts Look at Board’s Motivation
                          Scholarly and practical look
                          West African religions in U.S.

                          Spells to do ill
                          Love Spells

                          Court: Deny access to ideas?
                          If so, return to shelves


Campbell v. St. Tammany Parish School Board, 64 F.3d 184 (5th Cir. 1995)
     Student wins after
 school board removal (KS)
                                   School board removed
                                   novel about teenage
                                   lesbian relationship

                                   Court: Violation of First
                                   Amendment

                                   Removal not based on
                                   “educational suitability”
                                   but on ideology

Case v. Unified School District No. 233, 908 F. Supp. 864 (D. Kan. 1995)
Can the public decide to move books?


                  City council:
                  300 petitioners may demand
                  children‟s books go to adult area

                  Court:




  Sund v. City of Wichita Falls, 121 F. Supp. 2d 530, (N.D. Tex. 2000)
Heather and Daddy’s Roommate
         Return to PUBLIC LIBRARY

                City council:
                300 petitioners may demand
                children‟s books go to adult area

                Court:
                No standards
                Improper delegation of authority
                to library patrons


Sund v. City of Wichita Falls, 121 F. Supp. 2d 530, (N.D. Tex. 2000)
Can school board restrict
 library’s Harry Potter?
                       School board required
                       parent‟s permission to
                       read Harry


                       COURT:




Counts v. Cedarville Sch. Dist. 295 F. Supp. 2d 996 (2003)
Harry Potter and the Order of
 the Cedarville School Board
                          School board required
                          parent‟s permission to
                          read Harry


                          COURT:
                          Burden for children
                          HARRY RETURNS TO
                          OPEN SHELVES
   Counts v. Cedarville Sch. Dist. 295 F. Supp. 2d 996 (2003)
            Who Decides What
          Goes in Library Collection?




                          Library Board
Librarians                Vote to remove book
Select and Weed


                                                Chief Justice John Roberts




          Legislator
          Ties funding to policies
               Okay to Restrict

• Child Pornography
• Obscenity
• Harmful to Minors




 for more detail see definitions at
 www.llrx.com/features/updatecipa.htm
2. Collection Development Policies




     • Adopted by library‟s governing body

     • Reviewed within last 5 yrs by lawyer

     • Look at samples

     • Adopt your own, reflect community
                      Preamble

Mission of library
Philosophy based on mission and community

Library Bill of Rights
    …




Based on Candace Morgan, “Challenges to Library Resources,”
Law for Librarians, April 4-6, 2006 Chicago, IL
www.ala.org/ala/oif/statementspols/statementsif/librarybillrights.htm
         Selection Objectives
     Example: The Library collection will be selected and
     maintained to enable each person to find the library
     materials and information that she or he wants
     according to her or his own free choice.



No material will be excluded because of
the race, nationality, religion, gender,
sexual orientation, political or social view
of either the author or of the material.




  Selection of materials by the Library does not mean
  endorsement of the contents or the views expressed
  in those materials.
    Selection Procedures

Delegation of authority
Selection resources … beware of requiring reviews
Criteria*
  collection objectives
  existing subject coverage
  community relevance
  patron requests
  effective expression
Gifts


      *more at http://tinyurl.com/zmawn
Controversial Materials Statement

            Example:
             Individual items, which in and of
            themselves may be controversial or
            offensive to some patrons or staff,
            may be selected if their inclusion
            will contribute to the range of
            viewpoints in the collection as a
            whole and the effectiveness of the
            library‟s ability to serve its
            community.
               Access Statement
Example
Full, confidential, and unrestricted access to information is essential in order
for patrons to exercise their constitutional rights.

The Library does not stand in loco parentis. Parents and guardians, not the
Library, have the responsibility to guide and direct the reading, listening and
viewing choices of their own minor children.

The Library collection will be organized, marked and maintained in a non-
judgmental, objective manner to help people find the materials they want.
Materials will not be restricted, sequestered, altered or labeled by the
Library because of controversy about the author of the subject matter.
       Requests for
Reconsideration of Materials
Patrons may submit written form

Reviewed by [Library Director/designee] or committee
 [name members: e.g. director/librarian/board/patron]
  reads item in entirety, reviews, evaluates wrt library mission,
  collection development policy

[Director/designee] respond in writing [30 days]
   important says may appeal to [Board]

Director informs [Board]

During review process,
item continues to be available
Sample Policies




   http://tinyurl.com/zmawn
3. Responding to Challenges

 • Collection Development Policy

 • Staff training

 • Public awareness programs

 • Awareness of state & local legislation

 • Clear process for handling complaints
  Based on ALA OIF Dealing with concerns at http://tinyurl.com/zaskt
Process for Handling Complaints

A) Listen calmly
Patron has right to express concern

Staff communication skills
- repeat back patron‟s concern

- do not give personal opinions

- refer to director/designee
                                                       Mstephens7 flickr
                                                       Creative Commons
                                  Attribution-NonCommercial-ShareAlike 2.0
If patron wants to pursue complaint…

B) Explain your library’s policy & procedures
  Some libraries:

      Here is form to describe your concern

      [Library director/designee]

      will respond within [30 days]

  Other libraries:

      Frontline staff discuss further
      Show library‟s collection development policy
      [and Library Bill of Rights]
      Library has other materials on subject
      Solicit suggestions for purchase
            ALA Sample Complaint Form
[This is where you identify who in your own structure, has authorized use of this form—Director, Board of
     Trustees, Board of Education, etc.—and to whom to return the form.]
Example: The school board of Mainstream County, U.S.A., has delegated the responsibility for selection and
     evaluation of library/educational resources to the school library media specialist/curriculum committee, and
     has established reconsideration procedures to address concerns about those resources. Completion of this
     form is the first step in those procedures. If you wish to request reconsideration of school or library
     resources, please return the completed form to the Coordinator of Library Media Resources, Mainstream
     School Dist., 1 Mainstream Plaza, Anytown, U.S.A.
Name ___________________________
Date ___________________________
Address ___________________________
City ___________________________
State ___________________________
Zip ___________________________
Phone ___________________________
Do you represent self? ____ Organization? ____
Resource on which you are commenting:
     ____ Book ____ Textbook ____ Video ____ Display
     ____ Magazine ____ Library Program ____ Audio Recording
     ____ Newspaper ____ Electronic information/network (please specify)
     ____ Other ___________________________
     Title ___________________________
     Author/Producer ___________________________
What brought this resource to your attention?
Have you examined the entire resource?
What concerns you about the resource? (use other side or additional pages if necessary)
Are there resource(s) you suggest to provide additional information and/or other viewpoints on this topic?


                         Revised by ALA Intellectual Freedom Committee June 27, 1995
                                                              http://tinyurl.com/zaskt
If patron fills out form …

     C) Notify director/designee

     Give full, written information about the
     nature of the complaint and identify the
     source.




     Admin should notify governing
     authority, assuring them library‟s
     procedures are being followed
If patron fills out form …

     C) Notify director/designee

     Give full, written information about the
     nature of the complaint and identify the
     source. Be aware that forms are
     likely to be public records.




     Admin should notify governing
     authority, assuring them library‟s
     procedures are being followed
If library needs more help …
     D) Contact library associations

          California Library Association 916-447-8541
          717 20th Street, Suite 200   info@cla-net.org
          Sacramento CA 95814
             also ask for CLA Intellectual Freedom
          Committee chair




          American Library Association     800-545-2433
          Office for Intellectual Freedom   ext. 4223
          50 E. Huron                    oif@ala.org
          Chicago, IL 60611
www.ala.org/ala/oif/challengesupport/reporting/challengedatabaseform.html
                Gather allies

                E) Seek support of local media
                  and civic organizations


                Designate one
                spokesperson

                Key message
                25 words or less
Media tips at http://www.ala.org/ala/oif/challengesupport/dealing/coping.pdf
F. Conducting a Challenge Hearing

                                  • Solicit supporters to come

                                  • Main agenda item (lengthy)

                                  • Publicize well to community


Give Collection Development       • Court the media
Policy as handout to audience

                                  • Set definite rules for speakers


     More at http://tinyurl.com/jybmk
            More Resources

American Library Association, Intellectual Freedom Manual
  (7th ed. 2006)

American Library Association, Office for Intellectual Freedom
  http://www.ala.org/ala/oif/intellectual.htm

Nicolle Steffen and Martin Garnar, Intellectual Freedom Issues
   in Colorado Libraries: Concerns, Challenges, Resources, and
   Opinions (April 2004)
   http://www.lrs.org/documents/closer_look/IFchallenge.pdf
                Summary
1. Legal Lens: Who Decides
   What‟s in Library‟s Collection?


2. Elements of Collection
   Development Policies

3. Responding to Challenges
Internet, CIPA, and Sexual
       Harassment


  Infopeople Webcast


Thursday Sept. 7, 2006
12:00 noon to 1:00 p.m   Mary Minow, J.D., A.M.L.S.
                                  LibraryLaw.com
                          consult@librarylaw.com

								
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