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Oklahoma Library Association
Intellectual Freedom Handbook
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OLA Endorsement and Amplification of the ALA Code of Ethics Revised March 2006
Revised May 2004 by the 2003-2004 OLA Intellectual Freedom Committee
Revised by the 1996-1997 OLA Intellectual Freedom Committee
Prepared by the 1990-1991 OLA Intellectual Freedom Committee
Revision Committee: Connie Van Fleet, Chair. Landa Ainsworth, Kimberly Johnson, Mary Moroney, Barb Pfrehm, Lynda Reynolds, Wanda L. Searcy, Laurie Sundborg, Linda Temple, Carolyn Thomas, Susan D. Wright.
Preamble to the Oklahoma Library Association Intellectual Freedom Handbook
A Note of Thanks
Justification
Intellectual Freedom Committee Charge
Key Documents
First Amendment to the Bill of Rights of the United States Constitution
Library Bill of Rights
Libraries: An American Value
OLA Endorsement and Amplification of the Code of Ethics of the American Library Association
Intellectual Freedom
OLA Statement of the Intellectual Freedom Principles
Policies and Procedures for Handling Reported Violations of Intellectual Freedom
Children's Internet Protection Act (CIPA)
Challenged Materials
Oklahoma Statute: Obscene Material, Performance, Sexual Conduct
OLA Censorship Database Policy and Form
What to Do when Materials are Challenged
Scripting: Key Ideas and Examples
Assistance Available to Library Staff from OLA/IFC
Sample Comment Policy and Form
Privacy and Confidentiality
Oklahoma Confidentiality Statutes
ALA Policy on Confidentiality of Library Records
USA PATRIOT Act—Sections 215, 216
As the freedom to read is a natural outgrowth of the
constitutional right of freedom of the press, it is an essential element
of a democratic society. The right of all citizens to utilize whatever information
they choose in the formation of opinions requires that freedom of access
to information must be preserved.
It is the responsibility of libraries and librarians
to provide access to information and to guard against attempts to abrogate
this freedom. The Oklahoma Library Association pledges to resist all such
attempts and to provide assistance and support to libraries and librarians
engaged in resisting such attempts.
In view of these facts, this handbook has been developed
by the Intellectual Freedom Committee of the Oklahoma Library Association.
The Association subscribes to the principles set forth in the Library Bill
of Rights and the Freedom to Read Statement of the American Library Association,
and all corollary statements adopted by that body.
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This committee gratefully acknowledges the 1990-1991
and the 1996-1997 OLA Intellectual Freedom Committees' dedication to intellectual
freedom. The Intellectual Freedom Handbook of the Oklahoma Library Association
has proven itself to be a valuable and necessary document.
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The Oklahoma Library Association hereby empowers
the Intellectual Freedom Committee to act in consultation with the President
and/or the Executive Board in all areas of concern listed herein. These areas
constitute continuing responsibilities of the Committee, until this Statement
of Policy and Procedure has been amended or revoked.
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- See
Constitution: Article VI
Bylaws: Article VI–3I
- Term
Members are appointed by the President to a one year term of office beginning July 1.
- Duties and responsibilities
The committee is responsible for protecting the freedom
of individuals to make their choice of library materials and to bring restrictions
in this area to the attention of the Executive Board. The committee also
assumes the coordination of the Right-to-Read effort.
- Chair: Duties and responsibilities
- Attend all meetings of the Program Planning Committee.
- Plan and present a workshop at the Annual Conference,
preparing a self-supporting workshop budget and submitting a proposal for
the workshop to the Continuing Education Committee and then the Executive
Board.
- Prepare and submit a proposed budget for the year to the Budget and Finance Committee.
- Notify the President of any change desired in the membership of the committee.
- Notify the Executive Director of all committee meeting dates and locations.
- Appoint a secretary to record minutes of each
meeting and to ensure a copy of the agenda and minutes are sent to the Executive
Director.
- Maintain records of activities and correspondence.
Pass these onto incoming chair. Forward records of predecessor to Executive
Director.
- Prepare Annual Report summarizing activities
during the current year. This report will be included in the printed pamphlet
entitled "Annual Report of the Oklahoma Library Association," and is available
at the Annual Conference.
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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 Bill of Rights to the U.S. Constitution was ratified on December 15, 1791)
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(Adopted June 18, 1948.
Amended February 2, 1961, and January 23, 1980,
inclusion of "age" reaffirmed January 23, 1996,
by the ALA Council)
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.
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(Adopted by the Council of the American Library Association February 3, 1999)
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:
Change is constant, but these principles transcend
change and endure in a dynamic technological, social, and political environment.
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.
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OKLAHOMA LIBRARY ASSOCIATION
ENDORSEMENT AND AMPLIFICATION
OF THE CODE OF ETHICS OF THE
AMERICAN LIBRARY ASSOCIATION
(Adopted May 1989, by the Oklahoma Library Association. Revised March 2006.)
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.
- 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.
The library profession expects its members to be competent, committed, dedicated individuals who care about providing a high level of service to their clients. In order to provide that service effectively, they must know their clients and be familiar with their needs and abilities. Based on this knowledge, they endeavor to select and develop an appropriate collection that is organized according to recognized bibliographic standards, to ensure not only physical or electronic access, but also intellectual access. Written policies and procedures ensure equitable circulation policies and service to all clients, regardless of age, background, or views. Skillful, accurate, unbiased, and courteous responses to all requests result from collection knowledge, careful reference interviews, and bibliographic instruction. Paraprofessionals and other library employees or volunteers are given appropriate training to familiarize them with all policies and procedures.
- We uphold the principles of intellectual freedom and resist all efforts to censor library resources.
We respect the freedom of library users to seek and obtain information and to participate in the dissemination of ideas, regardless of point of view expressed. Librarians have the unquestioned obligation to provide a representative selection of materials on all subjects of interest to readers, including each side of controversial issues. No material shall be eliminated from consideration in the collection simply because of language or frank treatment, verbal or illustrative, of certain situations which may be objectionable to some people. Librarians serve as the bridge between patrons and the materials and information that those clients desire; the duty of the librarian is to facilitate that interchange without bias. Any action on the part of a librarian to impede that flow shall be deemed inappropriate. Librarians must be consistently vigilant against groups and individuals attempting to impede that free flow of information by attempting to restrict or deny access to materials in any format. Accessibility is the responsibility which librarians have to their clients.
- 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.
As an institution basic to democratic society, libraries must preserve an atmosphere in which the patron’s access to information and search for knowledge are treated as matters of privacy. The right to privacy is a basic human right; abrogation of that right can damage the service role of a library and compromise the integrity of librarians. Information deemed confidential in nature is protected by Oklahoma law and includes circulation records, interlibrary loan requests, computer activity, reference questions, and other such professional services. Information gained by a librarian in serving a patron should be treated with confidentiality accorded by doctors and lawyers and shall be released only upon issuance of a court order or a subpoena in proper form and for demonstrable cause, or upon the request or granting of permission in writing by the patron. Library patrons have the right to be informed about the nature of records created and maintained and about their rights regarding the use of that information.
- We recognize and respect intellectual property rights.
Authors, artists, musicians, and others who generate and disseminate ideas are legally entitled to certain protections regarding the use or reproduction of the results of their intellectual or creative efforts, including works from which they do not profit financially. As librarians, we recognize those rights, and so provide access to information within the bounds of copyright and other intellectual property laws. We seek to educate our patrons about key intellectual property issues, such as plagiarism of print or online resources or the illegal reproduction of protected digital information. We also recognize the fair use rights of our patrons, and encourage unfettered use of and access to intellectual property within the bounds of law.
- 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.
As a part of the social and intellectual human experience, libraries apply ethical standards and practices to ensure equality in all aspects of employment and work relationships. Employment-related decisions must be made on the basis of valid job-related criteria only and without respect to personal traits that are unrelated to job competency. Any discriminatory practices are unacceptable. In addition to following fair and equitable hiring and employment practices, librarians behave with professionalism and respect toward all co-workers in order to engender an atmosphere of collegiality and to encourage professional development that will be of benefit not only to library employees, but to the patrons and communities they serve.
- We do not advance private interests at the expense of library users, colleagues, or our employing institutions.
As a profession, librarians are sometimes entrusted with information or knowledge that can be sensitive, confidential, or timely. It is inappropriate for librarians to exploit that knowledge to further private interests, whether their own or another party’s, especially if such use would cause detriment to the source of the information. The profession expects high levels of both professional and personal integrity from librarians, including a character and conduct that promotes confidence in the profession. Use of professional position or knowledge to advance private interests illegitimately violates the integrity and health of the library profession and frequently breaches our promise to respect the privacy and confidentiality rights of our patrons. In conducting professional affairs it is imperative that private interests not be allowed to supersede professional duty—a duty which is understood to be analogous with service.
- 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.
Librarians should not refuse to provide information or other library services on the grounds of their personal beliefs or the possible uses to which patrons may put the knowledge or resources gained. As a professional, the librarian must have the objectivity to differentiate between personal bias and professional duty, which requires first a knowledge of the philosophies of the professional body of librarianship. although we respect the rights of library employees to their own beliefs and convictions, it is our professional responsibility to provide access to information, not to advocate particular viewpoints or to make moral judgments.
- 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 the profession.
Given the rapidly changing nature of the means and technologies by which access to information is obtained, librarians must continually update their professional knowledge and skills in order to provide their patrons with the best possible service. Continuing education, whether formal or informal, is a vital component of ongoing professional development. Librarians make every effort to keep their understanding of trends, services, and technologies current, as well as anticipate and respond to the changing needs of their patrons and communities. In addition to their professional development as individuals, librarians foster the continuing health of the profession as a whole by encouraging and mentoring those interested in joining it.
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The Oklahoma Library Association Statement of the
(Approved by the OLA Executive Board on April 20, 1979)
(Approved by the OLA Membership on March 20, 1981)
- PREAMBLE
The Oklahoma Library Association holds that
the freedom to read, as a part of overall freedom of expression, is constitutionally
guaranteed to all people in Oklahoma. The communication of ideas, as expressed
by freedom of choice in the selection of materials for library collections,
is necessary to a free state, and shall be protected against extra-legal
attempts by self-appointed censors to abridge it. The Association believes
that it is the essence of democracy that citizens shall have the right of
free inquiry and the equally important right of forming their own opinions,
and it is of utmost importance that free access for persons of all ages to
all types of information be preserved and defended. The Association fully
endorses the principles set forth in the LIBRARY BILL OF RIGHTS, the FREEDOM
TO READ STATEMENT and the FREEDOM TO VIEW STATEMENT, the Oklahoma Library
Association's STATEMENT OF PROFESSIONAL ETHICS. Additionally, the Association
also endorses the statements contained in the Intellectual Freedom Manual
of the American Library Association, current edition, and all interpretive
statements adopted thereto.
- AREAS OF CONCERN
- Materials Selection Policy
The Oklahoma Library Association endorses the
concept that every library should have a written, official statement of policy
for the selection of library materials. The policy will provide an objective
basis, including the principal criteria, for selecting materials and for
declining to add materials to the collection. Libraries needing assistance
in developing Materials Selection Policies are urged to contact the Oklahoma
Department of Libraries or the Library Media Section of the Oklahoma State
Department of Education.
- Internet Use Policy
The Oklahoma Library Association endorses the
concept that every library should have a written, official statement of policy
for patron and staff use of the Internet. The policy will provide guidelines
for appropriate use. Libraries that need assistance in developing Internet
Use Policies are urged to contact the Oklahoma Department of Libraries or
the Library Media Section of the Oklahoma State Department of Education.
- Disclosure of Records (65 O.S. 1991, Section 1-105, 2002; see page 23)
The Oklahoma Library Association defends the
right of users of library materials to remain free from invasion of privacy.
The Association supports libraries in resisting demands by persons or government
agents seeking to examine library circulation records in an effort to establish
possible connections between an individual's library borrowing record and
that individual's behavior. The Intellectual Freedom Committee will assist
the Association-as directed-in combating any unwarranted invasions of privacy
involving library circulation records.
- Awareness of Racism, Sexism, and Alternative Life Styles
The Oklahoma Library Association urges that
members be aware of library materials which deal with racist, sexist, and
alternate life style subjects. The Association condemns the efforts of censors
to arbitrarily remove these materials. A heightened awareness of the sensitivity
of many library users to possible biases with regard to these subjects is
of legitimate concern to Association members. However, demands for the removal
or expurgation of any materials because they are deemed offensive is incompatible
with the First Amendment to the United States Constitution, and to the free
exercise of judgment in a free society.
- Problems of Interference
The Oklahoma Library Association is concerned
with proposed or actual restrictions imposed by individuals, voluntary committees,
or ad hoc groups which would inhibit the efforts of librarians to acquire
and make available the widest range of materials for their patrons. As directed
by the Association, the Intellectual Freedom Committee will assist libraries
to eliminate any imposed restrictions and will provide advice, assistance
and support to libraries whose selection policies or practices are threatened
or curtailed.
- Legislation
The Oklahoma Library Association supports legislation
at the federal, state, local and school district levels, which tends to strengthen
the position of libraries and other media of communication as instruments
and disseminators of knowledge and information in a free society. The Association
is also concerned with monitoring and responding to proposed legislation
at the various levels of government which might restrict, censor, label,
confiscate, or otherwise interfere with the selection, acquisition, and display
of materials by libraries. The Intellectual Freedom Committee will assist
the Association in monitoring and responding to this legislation.
- Education
The Oklahoma Library Association is dedicated
to the provision of continuing education on intellectual freedom principles
and philosophies for library staffs and other Association members. The Intellectual
Freedom Committee will assist the Association in this effort.
- Liaison With Other Organizations
The Oklahoma Library Association, in order
to encourage and promote a united front in defending the rights of libraries
to remain free and of citizens to read and view materials freely, shall cooperate
with other organizations and groups concerned with intellectual freedom.
Among these are the American and Oklahoma Civil Liberties Unions, the American
Library Association's Office for Intellectual Freedom, the Freedom to Read
Foundation, and other groups defending constitutionally guaranteed freedoms
for all citizens. As requested by the Association, the Intellectual Freedom
Committee shall advise the Association in responding to challenges to intellectual
freedom and shall provide liaison with other designated organizations and
groups.
This policy statement shall supersede all previous
statements and policies of the Association with regard to "intellectual freedom."
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Approved by the OLA Executive Board on January 18, 1985
Approved by the OLA Membership on March 21, 1985
- General Policies
- The Oklahoma Library Association endorses and supports
all intellectual freedom statements as published in the current edition of
the Intellectual Freedom Manual of the American Library Association.
- The Executive Board of the Oklahoma Library
Association has sole authority to determine what action, if any, will be
taken on behalf of the Oklahoma Library Association when an alleged violation
or potential violation of intellectual freedom occurs.
- When an alleged or potential violation is
reported to the Executive Board, either by the Chair of the Intellectual
Freedom Committee of OLA, or by another organization or individual, whether
or not that organization or individual is a member of, or connected with
OLA in any way, the Executive Board will ordinarily refer the matter immediately
to the Intellectual Freedom Committee for investigation.
- The Intellectual Freedom Committee will
investigate and report its findings in timely fashion to the Executive Board,
with a recommendation for official action.
- Procedures for Handling Requests for Assistance
If the Executive Board approves a request for assistance,
the President of OLA will immediately authorize the OLA-IFC Chair to proceed,
as follows:
- The OLA-IFC Chair will contact ALA-OIF if contact has not already been made.
- The OLA-IFC Chair will draft a statement
of position in light of the facts and in relation to the stated Intellectual
Freedom policy of the Association; this statement shall include recommendations
for appropriate action by OLA.
- The OLA-IFC Chair will disseminate the statement to members of the IFC for comment and majority approval.
- The OLA-IFC Chair will present this statement
to the OLA Executive Board and will provide information and advice to help
the Board in its deliberations.
- The OLA Executive Board will take appropriate action.
- The OLA Executive Board may authorize one or more of the following actions:
- In case of censorship of library material(s), or of
pending local or state legislation deemed detrimental to the cause of Intellectual
Freedom, the OLA President or person designated by the President will publicize
the official OLA stand via bulletins to OLA members, written releases to
the media, personal appearances in the media and in testimony before the
appropriate state or local legislative body dealing with the matter-with
direct assistance from the OLA-IFC Chair.
- Similar actions will be taken in cases involving
dismissal or threats of a library staff member; moral support will be given
by OLA.
- The President of OLA, the Executive Board,
and the OLA-IFC will seek monetary support, if necessary, for maintenance
and legal aid, following consultation to determine who should seek the aid
and from which source; e.g., Freedom to Read Foundation, American Library
Association, LeRoy C. Merritt Humanitarian Fund, American Association of
University Professors, American Civil Liberties Union, National Education
Association Legal Fund, et. al.
- In cases where immediate action is required,
the OLA-IFC Chair may contact the President of OLA to determine what actions
may be taken before the regular procedures are followed. The President will
then notify members of the Executive Board that this emergency action is
being taken.
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On July 23, 2003 the Federal Communication Commission (FCC)
adopted an order that updates regulations pertaining to the Children's Internet
Protection Act (CIPA) for libraries. This order was adopted to reflect the
recent Supreme Court decision in American Library Association Inc. v. United
States issued on June 23, 2003.
The Children's Internet Protection Act (CIPA) requires
the filtering or blocking of certain visual depictions and requires libraries
to adopt and implement an Internet safety policy and operate "technology
protection measures" (blocking and filtering) if they receive:
Libraries which are subject to CIPA must undertake efforts
in Funding Year 2003 (the current year) AND be compliant by the start of
Funding Year 2004, July 1, 2004, in order to receive discounts.
As established in the original FCC rules, CIPA does not apply to E-rate
discounts for any service classified by the E-rate program as telecommunications.
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CHALLENGED MATERIALS
As discussed in the Oklahoma Library Association Statement of the Intellectual Freedom Principles,
every library should have a strong materials selection policy to guide in
the acquisition of materials and to refer to should there be a challenge
to materials in the library. Libraries needing assistance in developing Materials
Selection Policies are urged to contact the Oklahoma Department of Libraries
or the Library Media Section of the Oklahoma State Department of Education.
STATE OF OKLAHOMA
Taken from OKLAHOMA STATUTES, 1999
§21-1024.1.
As used in Sections 1021 through 1024.4 of this title:
- "Obscene material" means and includes any representation,
depiction or description of sexual conduct, whether in any form or medium
including still photographs, undeveloped photographs, motion pictures, undeveloped
film, videotape, CD-ROM, magnetic disk memory, magnetic tape memory or a
purely photographic product or a reproduction of such product in any book,
pamphlet, magazine, or other publication, if said items contain the elements
of paragraph 2 of this section;
- "Performance" means and includes any
live or cinematic show of whatever nature over any broadcast media, if the
performance contains the following:
- obscene material or performance has as one of its
participants or portrayed observers a child under the age of eighteen (18)
or who appears as prepubescent, or
- the obscene material or performance contains
depictions or descriptions of sexual conduct which are patently offensive
as found by the average person applying contemporary community standards,
- the obscene material or performance taken
as a whole has as the dominant theme an appeal to prurient interest as found
by the average person applying contemporary community standards, and
- a reasonable person would find the obscene
material or performance taken as a whole lacks serious literary, artistic,
educational, political, or scientific purposes or value.
- "Sexual conduct" means and includes any of the following:
- Acts of sexual intercourse including any intercourse which is normal or perverted, actual or simulated,
- acts of deviate sexual conduct, including oral and anal sodomy,
- acts of masturbation,
- acts of sadomasochistic abuse including but not limited to:
- flagellation or torture by or upon any person who
is nude or clad in undergarments or in a costume which is of a revealing
nature, or
- the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed,
- acts of excretion in a sexual context, or
- acts of exhibiting human genitals or pubic areas.
The types of sexual conduct described in paragraph
3 of this section are intended to include situations when, if appropriate
to the type of conduct, the conduct is performed alone or between members
of the same or opposite sex or between humans and animals in an act of apparent
sexual stimulation or gratification.
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- Listen calmly and politely to the challenge. Treat
the individual or group challenging the material with respect and dignity.
Do not argue or agree!
- If a person within the library has been designated to deal with challenges, refer the challenger to that person.
- Provide a request for reconsideration form.
Provide copies of any statements and/or policies that the library's policies
and procedures dictate.
- Notify supervisor and/or the library administration when a request for reconsideration is received.
- Know who has been designated by the library
to respond to press and/or public queries about challenged materials. Refer
all such queries to that person. If no person has been designated, designate
one now.
- Follow library policies and procedures for the review of materials.
- When the review of materials is complete,
respond in writing to the individual or group requesting the review. Explain
the review procedure and final decision. A person should be designated to
make all such responses.
- If confidentiality is an issue, cite 65
O.S. 1991, Section 1-105. Do not reveal any patron's name or circulation
record to anyone other than that patron unless the person is authorized to
receive the information (for example, a parent or guardian may be authorized
to see a child's record). If a court order is produced, refer it to administration
or the library's legal counsel.
- If necessary, contact the organizations listed for support. Report the incident to the OLA Intellectual Freedom Committee.
- Concentrate on the positive role of the library, not the negative
aspects of the challenge. Do not engage in verbal or press battles over
materials.
- Keep challenged materials on the shelf during the reconsideration process.
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Intellectual Freedom Committee, OLA Conference 2002:
"Harry, Huck, and H____"
Karen Bays, Midwest City Public Library
Please use scripting examples as suggestions of possible responses
that you can adapt to fit your own personal style and library setting. Here
are the five "A's" of responding to materials challenges with respect, grace,
and confidence:
- ACTIVELY LISTEN
Active listening means really focusing on the
speaker, tuning in, and listening for the feelings behind the content. So,
for example, if someone says to you: "I can't believe you let my son check
this book out. This is trash!"
Some possible responses:
This validates the person's feelings, and may open
the floodgates for him/her to vent more. Just stay with the feelings as
long as they need to vent, and don't take it personally. It isn't about
you. Continue active listening during all the other steps.
For more info: Nichols, Michael P. The Lost Art of Listening. New York: The Guilford Press, 1995. Or look for anything by psychologist Carl Rogers on empathy and listening.
- ATTITUDE CHECK
Are you feeling judgmental or defensive? Are
you willing to make an internal shift to respond in a non-judgmental, non-defensive
manner? It helps to focus on the ONE INDIVIDUAL in front of you in the present
moment. Try to cultivate an attitude of respect, openness, and kindness.
- APOLOGIZE
Take this step only if your attitude check revealed
that you are feeling non-judgmental and are not defensive. Otherwise it
may sound insincere. This is not about agreeing with the person's objection,
but rather is expressing regret that s/he is unhappy. Keep it basic and
simple.
Try statements like:
Aside from helping you make a genuine connection with
this person by sharing your own regrets, apologies are very disarming, and
can help defuse the situation.
- ASSURE
Assure the person making the complaint. This
is the "formal complaint" step. You may not have to do this if the person
really felt listened to in the previous steps. Simply explain your materials
reconsiderations procedure, and give them the form to fill out. Tell them
what to expect.
Here's what I usually say:
- ASSIMILATE
Welcome the person making the complaint back into
the library community by asking what they would suggest we add to the collection.
You could say things like:
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Various forms of assistance are available from the
Intellectual Freedom Committee to library staff members who are facing a
censorship challenge.
- Private
- Consultation on possible procedures, advice, moral support.
- Research—book reviews, sample policies, examples of tactics, statements from other groups.
- Addresses—American Library Association IFC; Freedom to Read Foundation
- Public
- The Executive Board will execute all public actions
on behalf of OLA, taking into consideration information and recommendations
received from the Intellectual Freedom Committee.
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Note to the Library User:
Your library serves people from all walks of life, with
a variety of viewpoints and tastes, and we welcome your comments. Before
completing this form, you may find it informative and helpful to read the
following summary of the library's policy on library materials.
The (name of library)'s professional staff chooses books
and other materials to meet the diverse needs of this community. The staff
is guided by a materials selection policy adopted by the (governing body).
The (governing body) and the staff support the belief that the right to
read and the right of free access to library collections for persons of all
ages are essential to the individual's freedom of thought, which is fundamental
to democracy. Accordingly, the (governing body) has also adopted the Library
Bill of Rights and the Freedom to Read Statement, both of which represent
the library's interpretation of the First Amendment to the Constitution of
the United States. In practice, this means that the library will resist
efforts to remove or censor materials, to label "controversial" materials,
or to distribute lists of "objectionable" materials or authors.
If you would like copies of the materials selection
policy, the Library Bill of Rights, and the Freedom to Read Statement, please
ask your librarian.
NOTE: If the governing body has not adopted a selection
policy, the OLA Intellectual Freedom Committee recommends contacting the
Oklahoma Department of Libraries for guidance in creating one.
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___________________________
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___________________________
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Date submitted
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Name of library receiving comments
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Name________________________________________________________________________________________________________
Address______________________________________________________________________________________________________
City/State/Zip_______________________________________________________________Telephone___________________________
If you are acting as the official spokesperson for an organization, please specify:
Library material on which you are commenting:
_____Book _____Magazine _____Videotape/Film _____Sound recording
Other (please specify):
Title: ________________________________________________________________________________________________________
Author: ______________________________________________________________________________________________________
To what in this material do you object? (Please cite pages or other specific location):
What do you feel might be the result of use of this material?
Did you read (view, listen to, etc.) this material in its entirety? If not, what parts?
What do you believe is the theme of this material?
Please comment on this material as a whole. Feel
free to suggest other materials on the subject for our consideration. (Use
other side if needed.)
YOUR COMMENTS WILL RECEIVE A WRITTEN REPLY
FROM THE LIBRARY DIRECTOR
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OKLAHOMA STATUTE §65-1-105 (2002). Disclosure of records.
- Any library which is in whole or in
part supported by public funds including but not limited to public, academic,
school or special libraries, and having records indicating which of its documents
or other materials, regardless of format, have been loaned to or used by
an identifiable individual or group shall not disclose such records to any
person except to:
- Persons acting within the scope of their duties in the administration of the library;
- Persons authorized to inspect such records, in writing, by the individual or group; or
- By order of a court of law.
- The requirements of this section
shall not prohibit middle and elementary school libraries from maintaining
a system of records that identifies the individual or group to whom library
materials have been loaned even if such system permits a determination, independent
of any disclosure of such information by the library, that documents or materials
have been loaned to an individual or group.
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(Adopted January 20, 1971; revised July 4, 1975, July 2, 1986, by the ALA Council)
The Council of the American Library Association
strongly recommends that the responsible officers of each library, cooperative
system, and consortium in the United States:
- Formally adopt a policy which specifically
recognizes its circulation records and other records identifying the name
of library users to be confidential in nature.*
- 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.
- 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 user's 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 library's 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.
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(from the Intellectual Freedom Committee of the Colorado Association of Libraries, http://www.cal-webs.org/if.html)
The Uniting and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism, hereafter "the Act," was signed into
law on 26 October 2001, with little chance for Congressional review or public
comment. Here are some of the common questions about the Act.
How does the Act affect my library?
The Act, particularly Sections 215 & 216, does a number of things related to libraries. It
- Lowers the legal standard for obtaining a search warrant from "probable
cause" that a crime is being committed to suspicion that the library information
is linked to an ongoing terrorist or intelligence investigation (Section
15).
- Allows the FBI to get a special search warrant from the Foreign
Intelligence Surveillance Act (FISA) court, whose proceedings are classified
and closed to the public (Section 215);
- Permits the FBI to use special search warrants to retrieve library
usage records of someone who is under investigation of involvement in suspicious
activities (Section 215);
- Overrides state and local privacy laws in the case of FISA search warrants (Section 215);
- Prohibits the library from notifying the patron under suspicion,
the press, or anyone else that an investigation is underway (Section 215);
- Grants expanded wiretapping authority to federal and state law
enforcement agencies that allows monitoring of public computers (Section
216).
Parts of the Act, including Section 215 that impacts library privacy,
have "sunset" provisions and are set to expire on 31 December 2005 unless
the Congress votes to extend them. Other parts of the Act, including Section
216 that expands wiretapping authority, are permanent changes that would
have to be repealed by Congress.
More information about the USA PATRIOT Act is available on the ALA website.
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Revised: October 11, 2004