Table of Contents-Letter-Introduction-Chapters: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, Glossary, Internets Links, Calendar of Events, Freedom to Read Statement, Index

Laws and Ethics5

Protecting the
Public's
Freedom to Read

The freedom to read is essential to our democracy. As part of our freedom of expression, it is a right guaranteed by both the Constitution of the United States and the Constitution of Montana. It is your responsibility as a trustee to help ensure that this right is not impinged upon.

Most library mission statements endorse the concept of intellectual freedom—that is, the right of any person to free expression and free access to ideas. Trustees can support this concept by adopting library policies that incorporate the basic principles set forth in the Library Bill of Rights and the Freedom to Read Statement. That way, you will ensure that library users receive access to the widest possible variety of resources.

U.S. Constitution
Bill of Rights
http://www.nara.gov/exhall/charters/billrights /billrights.html

Constitution of Montana
http://leg.mt.gov/services/legal/const.htm

Collection Management Policy

The selection of library materials is an essential process that is strongly related to intellectual freedom. To be prepared to meet challenges to this freedom, every local library needs to have a written collection management policy that has been adopted by the Board. The library's policy should clearly state that the basic goal of the library is to offer access to its collections and services to all members of the community. In addition, it should state that the intent of a public library is to circulate all legally protected materials that patrons require or desire, even though some officials or private citizens may not approve of them.

The following steps should be considered by every public library:

Officially adopt and support the American Library Association's Bill of Rights (see page 5-5) and Freedom to Read Statement (see Appendix D).
Maintain a collection management policy. It should be in written form and approved by the Board. The policy should apply to all library materials equally (print, electronic, Internet).

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Maintain a clearly defined process for handling complaints. Complaints should be filed in writing and the complainant properly identified. (See the sample Request for Reconsideration of Library Resources form, page 5-4). The process should determine who will review the challenged materials, how the review will be handled, who will respond to the complaint and how quickly, and what appeal process is available to the person lodging the complaint. The established process should be followed whether the complaint originates internally or externally.
Provide regular in-service training so if there is a challenge to library materials, both the Board and staff are aware of the contents of the collection management policy and the procedures for handling complaints.
Maintain lines of communication with civic, religious, educational, and political bodies of the community and emphasize the library's selection process and intellectual freedom principles in presentations to these groups and through newspaper articles and radio and television programs.
Be aware of local, municipal and state legislation relevant to intellectual freedom and First Amendment rights.

Handling Complaints

If your library collection provides access to a wide range of materials, includes many points of view, and responds to requests from patrons, you are guaranteed to receive complaints. Most complaints about the library's collection can be resolved by making sure that individuals who question materials receive a copy of the library's policy. But, sometimes a person objects so strongly, they may take their complaint to the media or local government officials.

If a library faces a challenge to materials, as a trustee you should:

Follow all established policies and procedures.
Remember your responsibility to speak your mind and argue for your point of view within the forum of the Board, but to support the decision of the majority once it has been made. If you disagree, do not speak out publicly. If you cannot be silent, it is best to resign from the Board before making your opposition public.
Defend the selection policy that tries to satisfy many tastes and interests.
Be sensitive and fair and react in a responsible manner.
Take into consideration the rights of the whole community, which you represent.

When a censorship attempt occurs, don't defend the material…
defend the right to read.

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Once a complaint has been filed, the library can contact Montana State Library and Montana Library Association's Intellectual Freedom Committee for guidance and support. The American Library Association's Office for Intellectual Freedom also has information and resources to assist at any stage of a challenge.

Children's Rights

In Montana, minors have the same fundamental rights as adults unless otherwise prohibited. Those rights include the freedom of speech and the right to know. Because Montana law does not restrict a minor's use of the library, children have the right to use the library without the permission of a parent.

Although libraries cannot require a parental signature before loaning minors material, they can require that a parent sign a statement of financial liability before their child receives a library card. Montana law says that a minor may enter into a contract, such as agreeing to return library materials, but it also states that a minor can renounce the contract. A statement of liability protects the library's resources by having parents assume the financial liability for overdue or lost materials loaned to their children.

In addition to signing the statement of liability, the library can also require that parents verify their child's name, address and telephone number before a library card is issued.

Constitution of Montana
Article II, Section 15

Confidentiality of Library Records

Another responsibility of the library and Board is to protect the confidentiality of a patron's library records. No library record that identifies the library materials a patron has requested, used or borrowed can be released or disclosed except in certain instances as defined by law. (For more information about this law, see Chapter 4. Complying with the Law.)

The Board may want to formally adopt a policy that specifically recognizes the library's circulation records as confidential in nature. It is important that all library staff be advised that these records cannot be made available to any agency of state, federal or local government except by a court order or a subpoena.

MCA 22-1-1101 to 22-1-1111

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Sample - Request for Reconsideration of Library Resources

The Library has delegated responsibility for selection and evaluation of library resources to (director, selection committee, etc.) 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 library resources, please return the completed form to .

Name ___________________________ Date_______________________________

Address__________________________ City_______________________________

State____________________________ Zip_______________________________

Phone____________________________

Do you represent: _____ self? _____ organization?

1. Resource on which you are commenting:

_____ book _____ textbook _____ video display _____ magazine _____ audio
_____ recording _____ newspaper _____ library program
_____ electronic information/network (please specify)___________________________

Other_______________________________________________________________

Title________________________________________________________________

Author/Producer_______________________________________________________

2. What brought this resource to your attention?

3. Have you examined the entire resource?

4. What concerns you about the resource? (Use back or additional paper if needed.)

5. What resources do you suggest to provide additional or other viewpoints on this topic?

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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.

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.
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.
Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
A person's right to use a library should not be denied or abridged because of origin, age, background, or views.
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. Amended February 2, 1961, and January 23, 1980, inclusion of "age" reaffirmed January 23, 1996, by the ALA Council.

Library Bill of Rights
http://www.ala.org/work/freedom/lbr.html#rights

"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."

— First Amendment, Constitution of the United States

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Freedom to Read

The Freedom to Read Statement was originally issued in May of 1953 by the Westchester Conference of the American Library Association and the American Book Publishers Council, which in 1970 consolidated with the American Educational Publishers Institute to become the Association of American Publishers. The statement has been revised periodically, but its intent is as strong today as it was when the statement was drafted decades ago: the freedom to read is a fundamental right. As the statement proclaims:

"….free communication is essential to the preservation of a free society and a creative culture. We believe that these pressures toward conformity present the danger of limiting the range and variety of inquiry and expression on which our democracy and our culture depend. We believe that every American community must jealously guard the freedom to publish and to circulate, in order to preserve its own freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to that freedom to read by making it possible for the readers to choose freely from a variety of offerings. 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."

The full text of the Freedom to Read Statement can be found in Appendix D. If you would like to learn more about the advocacy being done in support of intellectual freedom, visit some of the web sites listed here and in Appendix B, Internet Links.

Freedom to Read Statement
http://www.ala.org/alaorg/oif/freeread.html

"No law shall be passed impairing the freedom of speech or expression. Every person shall be free to speak or publish whatever he will on any subject, being responsible for all abuse of that liberty. In all suits and prosecutions for libel or slander, the truth thereof may be given in evidence; and the jury, under the director of the court, shall determine the law and the facts."

— Article II, Section 7, Constitution of Montana

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