Laws In Support Of Intellectual Freedom

United States Constitution

Thanks to FindLaw !

• Amendment One: 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 of the right of people peaceably to assemble, and to petition the Government for a redress of grievances.

• Amendment Four: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

• Amendment Fourteen: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of its laws.

California Government Code

• Section 6267. Registration and circulation records of library supported by public funds

  6267. All registration and circulation records of any library which
  is in whole or in part supported by public funds shall remain
  confidential and shall not be disclosed to any person, local agency,
  or state agency except as follows:
   (a) By a person acting within the scope of his or her duties
  within the administration of the library.
   (b) By a person authorized, in writing, by the individual to whom
  the records pertain, to inspect the records.
   (c) By order of the appropriate superior court.
   As used in this section, the term "registration records" includes
  any information which a library requires a patron to provide in order
  to become eligible to borrow books and other materials, and the term
  "circulation records" includes any information which identifies the
  patrons borrowing particular books and other material.
   This section shall not apply to statistical reports of
  registration and circulation nor to records of fines collected by the
  library.
  

  Added Stats 1986 ch 164 § 1. Approved by Governor Deukmejian on June 17, 1986.

• Section 6254. Records exempt from disclosure requirements

  6254. Except as provided in Sections 6254.7 and 6254.13, nothing in
  this chapter shall be construed to require disclosure of records
  that are any of the following:
  
   (j) Library circulation records kept for the purpose of
  identifying the borrower of items available in libraries, and library
  and museum materials made or acquired and presented solely for
  reference or exhibition purposes. The exemption in this subdivision
  shall not apply to records of fines imposed on the borrowers.
  

  Added Stats 1981 ch 684 § 1.5, effective September 23, 1981, operative January 1, 1982; Amended Stats 1982 ch 83 § 1, effective March 1, 1982.

In addition, librarians should be aware of the following laws and cases:

California Penal Code

Thanks to the Legislative Counsel of California !

• Chapter 7.5, Obscene Matter
• Chapter 7.6, Harmful Matter

California Court Cases

Evans v. Selma Union High School District of Fresno County (1924)

222 P. 801

The California State Supreme Court decided that the Selma Union High School District of Fresno County may purchase twelve copies of the Bible in the King James version for the high school library, the court declaring: "The mere act of purchasing a book does not carry with it any implication of adoption of the theory or dogma contained therein, or any approval of the book itself, except as a work of literature fit to be included in a reference library."

Moore v. Younger (1976)

127 CalRptr. 171, 54 C.A.3d 1122

This case established that librarians are exempt from the application of the Harmful Matter statute (Calif. Penal Code Chapter 7.6) and declared that distribution of books at public and school libraries is in furtherance of legitimate purposes.

Federal Court Cases

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Last Modified: Tuesday, March 2, 1999

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