The Patriot Librarian: Ethics, Intellectual Freedom, & Other Thorny Issues

1. The Patriot Librarian: Ethics, Intellectual Freedom, & Other Thorny Issues LS 501: Introduction to Library & Information Studies c. Summer 2003; Updated 2010, 2011

2. The ALA Code of Ethics 1. We provide the highest level of service to alllibrary users through appropriate and usefully organized resources; equitable service policies; equitable access; and accurate, unbiased, and courteous responses to all requests.

3. 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 user’s right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired, or transmitted.

4. 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.

5. 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.

6. 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.

7. 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 patron’s origin, age, background or views • Ensure equitable access to library exhibits and spaces

8. 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

9. 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”)

10. 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 -- Children’s Internet Protection Act (CIPA) and Deleting Online Predators Act (DOPA)

11. Official Interpretations of the Library Bill of Rights: Access for Minors • Libraries can’t 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 shouldn’t resort to restrictions to avoid actual or anticipated objections.

12. 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)

13. 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

14. 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 • Shouldn’t 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” person’s view that it lacks value

15. 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.

16. 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)

17. 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 • WHY are books challenged and WHO most often challenges? -- 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

18. Top 10 Challenged Books, 2000-2009 • Harry Potter (series) – J. K. Rowling • Alice (series) – Phyllis Reynolds Naylor • The Chocolate Ware – Robert Cormier • And Tango Makes Three – Justin Richardson/Peter Parnell • Of Mice and Men – John Steinbeck • I Know Why the Caged Bird Sings – Maya Angelou • Scary Stories (Series) – Alvin Schwartz • His Dark Materials (series) – Phillip Pullman • TTYL; TTFN; L8R, G8R (series) – Lauren Myracle • The Perks of Being a Wallflower – Stephen Chboskey • The Adventures of Huck Finn – Mark Twain • The Kite Runner – Khaled Hosseini 69. Fahrenheit 451 – Ray Bradbury Why these titles?

19. 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 producer’s 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

20. Official Interpretations of the Library Bill of Rights: Censorship • Children’s Internet Protection Act (CIPA) • Introduced by Sen. John McCain to limit children’s exposure to pornography and explicit online content • Basics -- Federal government forces public libraries to control access by using software filters or lose e-rate/federal funding. • Libraries must comply if adults ask to have blocking removed. • Public libraries that receive e-rate funds and school libraries must block for minors (under age 17). • Deleting Online Predators Act (DOPA) • Introduced 2006 and reintroduced 2007 to protect children from online predators • Basics – Feds require schools and libraries to block social networking sites (Facebook, Library Thing, etc.) or loose e-rate funds. • Died in 2007 (redundant to CIPA, false sense of security, restrict access where most needed)

21. 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 FB”Eye” programs

22. USA Patriot Act Privacy and the • 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

23. 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) • Of concern: lowered standards for “probable cause” prior to obtaining search warrant; closed proceedings in FISA courts; authorized to use these methods to obtain library circulation or usage records; overrides existing state library privacy laws; gag orders far-reaching; some records can be taken without warrant Acting shortly after 9/11/01, most of Congress later admitted that they did not read the entire act and did not consider long-term ramifications.

24. 2008 – 24.747 NSLs issued 2007 – 16,804 NSLs issued 2006 – 49,000+ NSLs issued 2003-2006 < 200,000 NSLs U.S. Inspector General findings about the FBI use of NSLs in 2007: *FBI abused its authority *Evaded limits and improperly tracked *Illegally isssued, not conforming to Justice Dept. rules *Under-reported use USA Patriot Act in Libraries • More surveillance orders, more requests for library records, including Internet use • Law enforcement 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

25. USA Patriot Act in Libraries • Why does it matter? • Libraries are key sources of information on all kinds of subjects from all perspectives. • Reading is a special issue for libraries. • Libraries provide a place to exercise intellectual freedom, free and open exchange of ideas (right to inquiry as well as privacy). • Privacy is essential to exercise of free speech, free thought, free association. • ALA believes certain sections of the USAPATRIOT Act to endanger constitutional rights and privacy rights of library users. • Gag order prohibits recipient from speaking to ANYONE, even attorneys, supervisors, etc.

26. The Connecticut Four • George Christian, Exec. Director of The Library Connection,, Barbara Bailey, Glastonbury Public Library; Peter Chase, Plainville Public Library; Janet Nocek, Portland Public Library collectively known as Connecticut Four • 7/13/05 NSL delivered (but dated 5/19/05) requesting information on user of a specific terminal for 45 min. on 2/15/05 (which would have required revealing ALL users at ALL member libraries due to tech configuration – without their knowledge) • GC contacted Exec. Committee, attorney, and ACLU – decided not to comply • Became known as “John Doe” (v. Gonzalez) when they filed a lawsuit in Federal District Court • Federal judge lifted gag order but Justice Department appealed • NYTimes found unredacted document which revealed names and published them • 3/9/06, Pres. George W. Bush signed revised Act, which then dropped gag order • FBI dropped the case, saying they no longer needed the info (which removed the act from court review). • Awarded the 2006 Outstanding Librarian award as “John Doe” and recognized individually in 2007; received the 2007 Paul Howard Award for Courage from ALA

27. 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. • State or local police cannot invoke the act or issue NSLs, except as part of a joint task force. • FISA and NSL do not overturn state confidentiality laws but you must comply with court orders. • Libraries have no duty to preserve records or discuss them with law enforcement in the absence of a court order.

28. USA Patriot Act -- Updated • February 27, 2010 – Obama signed one-year extension • Authorizing • Court-approved roving wiretaps that permit surveillance on multiple phones • Court-approved seizure of records and property in anti-terrorism operations • Surveillance against a so-called lone-wolf, non-US citizen engaged in terrorism who may not be part of a recognized terrorist group • Section 215 re: library records • Cast aside • Privacy protections • Restrictions and greater scrutiny on government authority to spy on Americans and seize their records • For more information – See reauthorization history on ALA website Expired 2/11/11 but reauthorized for 90 days; Congress still reviewing; check news and report in class if you hear anything

29. 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