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COMMUNET Home

COMMUNET Home

COMMUNET  October 1993, Week 3

COMMUNET October 1993, Week 3

Subject:

Re: legal liability

From:

"Carl M. Kadie" <[log in to unmask]>

Reply-To:

Communet: Community and Civic Network Discussion List

Date:

Mon, 18 Oct 1993 22:30:36 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (193 lines)

Here are some pointers to what the way librarians think access
liablity should be handled based on intellectual freedom principles.
(Of course, intellectual freedom may be void where prohibited by law.)
- Carl
 
======
ACCESS FOR CHILDREN AND YOUNG PEOPLE TO VIDEOTAPES
AND OTHER NONPRINT FORMATS
 
An Interpretation of the LIBRARY BILL OF RIGHTS
 
 
Library collections of videotapes, motion pictures, and other nonprint formats
raise a number of intellectual freedom issues, especially regarding minors.
 
The interests of young people, like those of adults, are not limited by
subject, theme, or level of sophistication.  Librarians have a responsibility
to ensure young people have access to materials and services that reflect
diversity sufficient to meet their needs.
 
To guide librarians and others in resolving these issues, the American Library
Association provides the following guidelines.
 
Article V of the LIBRARY BILL OF RIGHTS says, "A person's right to use a
library should not be denied or abridged because of origin, age, background,
or views."
 
ALA's FREE ACCESS TO LIBRARIES FOR MINORS:  An Interpretation of the LIBRARY
BILL OF RIGHTS states:
 
      The "right to use a library" includes free access to, and unrestricted
      use of, all the services, materials, and facilities the library has to
      offer.  Every restriction on access to, and use of, library resources,
      based solely on  the chronological age, educational level, or legal
      emancipation of users violates Article V.
 
      . . .[P]arents - and only parents - have the right and the
      responsibility to restrict the access of their children - and only their
      children - to library resources.  Parents or legal guardians who do not
      want their children to have access to certain library services,
      materials or facilities, should so advise their children.  Librarians
      and governing bodies cannot assume the role of parents or the functions
      of parental authority in the private relationship between parent and
      child.  Librarians and governing bodies have a public and professional
      obligation to provide equal access to all library resources for all
      library users.
 
Policies which set minimum age limits for access to videotapes and/or other
audiovisual materials and equipment, with or without parental permission,
abridge library use for minors.  Further, age limits based on the cost of the
materials are unacceptable.  Unless directly and specifically prohibited by
law from circulating certain motion pictures and video productions to minors,
librarians should apply the same standards to circulation of these materials
as are applied to books and other materials.
 
Recognizing that libraries cannot act in loco parentis, ALA acknowledges and
supports the exercise by parents of their responsibility to guide their won
children's reading and viewing.  Published reviews of films and videotapes
and/or reference works which provide information about the content, subject
matter, and recommended audiences can be made available in conjunction with
nonprint collections to assist parents in guiding their children without
implicating the library in censorship.  This material may include information
provided by video producers and distributors, promotional material on
videotape packaging, and Motion Picture Association of America (MPAA) ratings
if they are included on the tape or in the packaging by the original publisher
and/or if they appear in review sources or reference works included in the
library's collection.  Marking out or removing ratings information from
videotape packages constitutes expurgation or censorship.
 
MPAA and other rating services are private advisory codes and have no legal
standing*.  For the library to add such ratings to the materials if they are
not already there, to post a list of such ratings with a collection, or to
attempt to enforce such ratings through circulation policies or other
procedures constitutes labeling, "an attempt to prejudice attitudes" about the
material, and is unacceptable.  The application of locally generated ratings
schemes intended to provide content warnings to library users is also
inconsistent with the LIBRARY BILL OF RIGHTS.
 
*For information on case law, please contact the ALA Office for Intellectual
Freedom.
 
See also:  STATEMENT ON LABELING and EXPURGATION OF LIBRARY MATERIALS,
Interpretations of the LIBRARY BILL OF RIGHTS.
 
 
Adopted June 28, 1989, by the ALA Council; the quotation from FREE ACCESS TO
LIBRARIES FOR MINORS was changed after Council adopted the July 3, 1991,
revision of that Interpretation.
 
[Made available by permission of the American Library Association.]
 
 
 
================
ANNOTATED REFERENCES
 
(All these documents are available on-line. Access information follows.)
 
=================
library/access.children.nonprint.ala
=================
* Access for Young People to Nonprint Material (ALA)
 
"Access for Children and Young People to Videotapes and Other Nonprint
Formats"
 
An interpretation by the American Library Association of the "Library
Bill of Rights"
 
=================
library/access.minors.ala
=================
* Free Access to Libraries for Minors (ALA)
 
An interpretation by the American Library Association of the "Library
Bill of Rights"
 
=================
library/access.policies.ala
=================
* Access Policies (ALA)
 
"Regulations, policies, and Procedures Affecting Access to Library
Resources and Services"
 
An interpretation by the American Library Association of the "Library
Bill of Rights"
 
=================
library/labeling.ala
=================
* Labeling (ALA)
 
An interpretation by the American Library Association of the "Library
Bill of Rights"
 
It gives three reasons why labeling is bad. The first is that
"[l]abeling is an attempt to prejudice attitudes and as such, it is a
censor's tool."
 
=================
library/bill-of-rights.ala
=================
* Library Bill of Rights (ALA)
 
=================
library/diversity.ala
=================
* Diversity in Collection Development (ALA)
 
An interpretation by the American Library Association of the "Library
Bill of Rights"
 
It says that collections should be inclusive, not exclusive. And that
materials should cover the needs and interest of all patrons. "This
includes materials that reflect political, economic, religious,
social, minority, and sexual issues."
 
=================
=================
 
If you have gopher, you can browse the CAF archive with the command
   gopher gopher.eff.org
 
These document(s) are also available by anonymous ftp (the preferred
method) and by email. To get the file(s) via ftp, do an anonymous ftp
to ftp.eff.org (192.77.172.4), and get file(s):
 
  pub/academic/library/access.children.nonprint.ala
  pub/academic/library/access.minors.ala
  pub/academic/library/access.policies.ala
  pub/academic/library/labeling.ala
  pub/academic/library/bill-of-rights.ala
  pub/academic/library/diversity.ala
 
To get the file(s) by email, send email to [log in to unmask]
Include the line(s) (be sure to include the space before the file
name):
 
send acad-freedom/library access.children.nonprint.ala
send acad-freedom/library access.minors.ala
send acad-freedom/library access.policies.ala
send acad-freedom/library labeling.ala
send acad-freedom/library bill-of-rights.ala
send acad-freedom/library diversity.ala
 
 
 
 
--
Carl Kadie -- I do not represent EFF; this is just me.
 [log in to unmask], [log in to unmask] =

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