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Written statements of the library's policies--materials selection, service, and confidentiality of patron records--are the first step in preparation for responding to challenges to the principles of intellectual freedom. Why written policies? The ALA Intellectual Freedom Manual , developed from statute, gives convincing reasons:
These policies should be supported by the library's advisory groups and adopted by its governing body.
The librarian or, in larger institutions, a group of librarians, should prepare the materials selection statement. The librarian is the individual with expertise and knowledge of the day-to-day activities of the library. The statement must relate to concrete practices and be a viable working document. In smaller libraries, procedures may be incorporated into the statement. In larger libraries, a separate procedures manual may be preferred.
Before beginning the statement, the librarian must have or develop an understanding of the institution and its constituents. These include:
After consideration of these factors, the next step is to prepare the materials selection statement. Certain elements need to be included:
This document should be kept as simple as possible, so that it can be understood by library staff as well as library users. It should be readily available to the public at information and reference desks. Two possible outlines for materials selection policies will be found in Appendix B.
Issues of library service may be included in the materials selection policy or they may be dealt with separately. In either case, a library should have a prepared statement on the confidentiality of patron records. Other concerns which libraries may want to address are access to and circulation of materials, labeling of materials (see ALA Statement on Labeling in Appendix C), and use of library bulletin boards, exhibit space and meeting rooms.
Librarians' professional ethics require that personally identifiable information about library users be kept confidential. Article III of the ALA Code of Ethics (1981) states: "Librarians must protect each user's right to privacy with respect to information sought or received, and materials consulted, borrowed or acquired." This includes borrower registration records, circulation records, records of topics of online searches and may even include items recommended for purchase by faculty in educational institutions.
Librarians gained a high degree of awareness of the issue of confidentiality through the FBI Library Awareness Program, begun in 1987, as well as through visits to libraries by law enforcement officials from the local to the federal level. Library staff members in California need to know that library records are protected by law. The text of this law is located in this manual under Laws Relating to Intellectual Freedom.
In addition, the California Library Association has adopted the ALA "Statement on Professional Ethics" which includes the Code of Ethics. This Statement is included in Appendix C of this manual.
Each library needs to take two steps to assure confidentiality of records to its patrons.
Adopt a policy on confidentiality. A simple policy on confidentiality should be prepared and adopted. Sample policies are included in Appendix B. The library should consult its legal counsel to make counsel aware of these guidelines. The staff should also be familiar with the guidelines and how they affect the staff in their daily work. If the library decides for some reason not to adopt an internal policy, the ALA's confidentiality policy and the California confidentiality law should be kept readily available and staff should be familiar with them.
Review and revise library procedures if necessary. Libraries should avoid unnecessary records which include individuals' names. Think twice before committing a name to a written record. Check with the local governing body to see whether there is a time limit on recordkeeping and destroy records as soon as possible. If your library uses names on book cards, consider using numbers or blacking out the names. Be aware of library procedures that may put information on public view, e.g., overdue notices mailed on postcards, names of patrons with overdues posted by the circulation desk, titles of interlibrary loan or reserve requests provided over the telephone to family members, strategies or results of online searches retained for possible future use, titles of reserved books together with patron names in public view. Computerization may affect policies and procedures.
As technological advances have made patron borrowing information easily retrievable, where previously no record existed by patron name, new ethical questions arise, such as whether a parent may access a child's borrowing record. At least four California libraries have adopted policies which provide equal privacy protection to all cardholders, including children. In Contra Costa County Library, legal county counsel offers the opinion that because the California Government Code, section 6267 (part of the Public Records Act), does not specify age, it therefore applies to all ages of cardholders. ". . . Absent a person's written authorization, or an order of the Superior Court, no one, including a minor's parents, has a right to know what a person checks out of a public library." Furthermore, "There is no legal authority establishing an age at which the right of confidentiality begins, and there is no legal authority granting the library the right to establish such an age." In a similar advise situation, legal county counsel for Santa Clara County Library stated that "minors have a constitutional right to unrestricted access to the library."
The role of the parents is to guide their child's reading choices within their own family. It is a family matter how parent and child communicate about borrowing habits, something to be decided between them. The library must not intervene in the relationship by communicating for either party. The library's role is to provide access to materials for all and to insure absolute privacy. It is our responsibility to maintain the integrity of our relationship with each individual cardholder, so each continues to trust and to borrow. This must and should include children. A child experiences the same loss of trust an adult does when privacy is breached, and when borrowing habits are affected, access has been limited.
Honoring privacy is a concrete expression of respect for another person. As professionals, we need to hold to a belief that it is desirable for adults in our society to allow children to experience privacy and respect.
Libraries provide service in many ways to their patrons. To assure that all aspects of service meet the standards of intellectual freedom, libraries need to review their practices in several additional areas. Formal policy statements can be excellent insurance at times when complaints are made or concerns raised. (See Appendices B and C)
Access to materials is an issue which libraries need to consider very seriously. Libraries have at times found it practical to restrict access to certain materials because of price, age or physical condition. But often these are materials that some library patrons would find offensive or that are considered "adult" in nature. Consigning them to a "locked case" or "adult" section is seen as a way of protecting them from theft or mutilation and removing them from ready access by some patrons, while still having them in the collection. This practice, however, often constitutes a subtle form of censorship, as many materials in such collections are seen by many as being controversial or "objectionable" in content. As a result, many patrons may be intimidated from making use of the materials, out of embarrassment at asking a library staff member for a restricted item. Libraries which wish to limit access to certain materials to protect them should take extreme caution in administering this practice.
Some librarians restrict materials because they believe they are harmful to minors or because parents may object to the materials; in this way, they are taking on a role which should only be assumed by the child's parents. The American Library Association, in its statement, "Restricted Access to Library Materials, an Interpretation of the Library Bill of Rights," holds that "it is parents--and only parents--who may restrict their children--and only their children--from access to library materials and services." [3] This Interpretation is located in Appendix C.
The current concern about AIDS has prompted the American Library Association to adopt a statement "affirming the access rights of all physically and mentally impaired persons." [4] This statement, "Resolution on the Access to the Use of Libraries and Information by Individuals with Physical or Mental Impairment," [5] points out that federal and state laws prohibit public institutions from discriminating against handicapped individuals. Librarians who may be faced by critics wishing to limit library access to persons with disabilities--whether these are AIDS, mental illness, cerebral palsy or any other condition--should be aware of this statement.
Many libraries make exhibit space and meeting rooms available to groups outside the library. Libraries that do so may wish to include the ALA statement on "Exhibit Spaces and Meeting Rooms: an Interpretation of the Library Bill of Rights" (included in Appendix C ) part of their service policy or include a statement establishing fair and equitable use of such space. If certain types of organizations--such as religious, political or ethnic groups--are included in those who may use facilities, all such groups must be treated in the same way regardless of their doctrines or beliefs. If an exhibit raises a controversy, for example, groups with opposing viewpoints should be given an opportunity to submit an exhibit which should be evaluated by the same criteria used to judge all exhibits.
Libraries need to guard against "labeling" as another form of censorship. Labeling consists of marking publications with a label or other device that identifies the work as "unpatriotic," "atheistic," or other pejorative adjective. These labels may be demanded by citizen groups as a means to protect the public from materials they consider harmful. This practice is an attempt to prejudice the reader against the material and should be shunned by librarians. The ALA "Statement on Labeling; an Interpretation of the Library Bill of Rights" is included in Appendix C.
An atmosphere of openness and tolerance is essential for intellectual freedom to flourish. The vital element in this atmosphere is the library staff. Every library needs to work to develop a staff which has respect for the diversity of mankind--for differences in beliefs, ideas, feelings, behaviors, life styles, appearance, economic status. This staff can set aside personal judgments when working with library patrons and materials. An atmosphere of this kind is a fragile thing which can be damaged by innocent but thoughtless action. Comments in the staff room or in casual conversation with colleagues about "strange" requests, "weird" patrons, or garbled English can have a disastrous effect on an open and tolerant staff atmosphere. Staff preparedness must include an understanding of the principles of intellectual freedom and its relationship to library service, as well as knowledge of the library's policies and procedures.
After policies are prepared, all library staff members should be trained in the basic concepts included in the policies. From the page through the library administrative staff, they need to know exactly what procedures to follow in case of incidents. Most libraries encourage their staff to be as helpful to patrons as possible. In following this policy, a staff member who was not aware of the importance of the confidentiality of patron records might tell a patron which materials were checked out to another patron, simply feeling that this was a helpful action.
Staff should know where these written policies are kept, so they may refer to them and share them with patrons. Copies should be available for distribution to patrons.
When an incident occurs, the staff member first confronted should know what procedure to follow and to what higher administrative level to refer the individual. All staff need to remember that the individual protesting the inclusion of materials has the same right of expression as the author. All encounters should be treated with courtesy and dignity. Staff members must avoid any implication that the protester is a "weirdo" or is not worth taking seriously.
Encounters of this type may be stressful and unpleasant, particularly to staff members who have seldom experienced them. The staff needs to accept that it is normal to be excited or upset by such encounters. Quietly talking over the experience later with a trusted colleague or supervisor, who can affirm the correctness of the response or help reach an under-standing of what changes in behavior or procedure would have worked better, can be very helpful.
Periodic review of policies and procedures will help avoid complacency, as well as assure that new staff receive necessary training. Depending on the size and nature of the library, training may just be discussion at a staff meeting or it may be special training sessions with role playing or other techniques used to reinforce the concept.
Intellectual freedom is probably not a concept that the average library patron thinks about often. Building an awareness of intellectual freedom and what it means to each citizen is an important function of the library. Periodically, the library should remind the community of this basic right, through programs, displays, public service announcements on television and radio, or other appropriate media. Such occasions as Freedom of Information Day, National Library Week, and Banned Books Week can be vehicles for this important public relations. The American Library Association, other organizations and local groups often have materials or ideas for libraries to adapt in carrying out these celebrations.
Once your library has established a "right to know" climate, how can this climate be maintained and protected? The library must form coalitions--ongoing and mutually supportive alliances with organizations and friends. The library should cultivate those groups and individual members of its community supporting intellectual freedom and the right to know; it should interest them in the library and what it stands for--and why, at times, it must fight for those principles. By forming these coalitions, the library establishes a network of allies on whom it can depend for support.
From whom should the library seek support?
Coalitions differ greatly--some are very informal and only come into being as needed while others are very structured, fulltime organizations. The ALA Intellectual Freedom Manual discusses the formation and structure of more formal coalitions. [6]
| A local coalition can be formed with representatives from various groups: | |
|---|---|
| Journalists | Authors |
| Lawyers | Booksellers |
| Ethnic groups | Minority groups |
| Students | Publishers |
| Civil rights groups | Service Groups |
| Religious groups | Arts Commissions or Councils |
| Women's rights | Human rights groups |
| Experts in their field, such as psychology, film, etc. | and other librarians . . . . |
The section, Organizations To Call On, may help you in your coalition building.
Remember, don't wait for a challenge to occur; build coalitions now.
[2] Ibid., 176.
[3] Ibid., 59.
[4] Ibid., 113.
[5] Ibid., 113-114.
[6] Ibid., 215-218.
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