Library Bill of Rights
Encyclopedia
The Library Bill of Rights is the American Library Association's
statement expressing the rights of library
users to intellectual freedom
and the expectations the association places on libraries to support those rights. The Association's Council has adopted a number of interpretations of the document applying it to various library policies.
, director of the Des Moines Public Library
, in 1938, the Library Bill of Rights was adopted by the American Library Association in 1939, and has been revised several times since. Its original adoption was introduced with the statement, "Today indications in many parts of the world point to growing intolerance, suppression of free speech, and censorship
affecting the rights of minorities and individuals," a reference to the emergence of totalitarian states during that time. During the Cold War
period, the Library Bill of Rights supported opponents of censorship of materials interpreted as communist propaganda. In 1948, the association adopted a major revision of the document, which strengthened it significantly to address the new wave of censorship attempts that marked the beginning of the Second Red Scare, and was subsequently attacked in newspapers as "leftist," a "red front
," and a "Communist organization." A 1967 revision shortened the document and removed rhetorical flourishes, also removing the qualification "of sound factual authority," which it was felt could have been used to justify censorship; also, "age" (along with background, origin, and views) was added to the attributes that should not be a basis for denying access to information. The document was revised again in 1980.
In 1996, the American Library Association reaffirmed the inclusion of age as an attribute that should not be the basis for denying access to information. This occurred after the American Library Trustee Association (ALTA) brought a request for this to the ALA Council.
, asserts that the Library Bill of Rights uses rhetoric disconnected from the legal understanding of "rights", such as "Bills of Rights", and "rights" themselves, are legally enforceable and backed by well-developed arguments. The Library Bill of Rights has no such force or backing, because it is simply a statement of principles. Wiegand argues that the Library Bill of Rights (and the accompanying rhetoric) needs to be supplanted by a code well-grounded in the case law and language of the First Amendment and its accompanying legal principles. Something similar to the Library Bill of Rights could be retained as an accompanying "aspirational creed", such as a revised form of the ALA Code of Ethics, but it would need to provide more practical guidance.
David Woolwine of Hofstra University
has criticized the philosophical underpinnings of the Library Bill of Rights, specifically objecting to the use of utilitarianism
and "rights discourse" in defense of the principles. The "moral calculus" of the utilitarian argument that free access of information produces the greatest good for the greatest number can also be used to argue in support of restrictions for the purposes of safety and national security. Rights discourse relies on the assertion of rights with minimal referencing, while neglecting detailed argumentation. Woolwine asserts that utilitarianism and rights discourse need to be replaced by a synthesis of modern
and post-modern
philosophy to coherently and soundly justify the principles of the Library Bill of Rights.
American Library Association
The American Library Association is a non-profit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with more than 62,000 members....
statement expressing the rights of library
Library
In a traditional sense, a library is a large collection of books, and can refer to the place in which the collection is housed. Today, the term can refer to any collection, including digital sources, resources, and services...
users to intellectual freedom
Intellectual freedom
Intellectual freedom is the right to freedom of thought and of expression of thought. As defined by Article 19 of the Universal Declaration of Human Rights, it is a human right. Article 19 states:...
and the expectations the association places on libraries to support those rights. The Association's Council has adopted a number of interpretations of the document applying it to various library policies.
The Library Bill of Rights
The Library Bill of Rights, as adopted by the American Library Association in 1939, revised in 1948, and amended in 1961, 1967, and 1980, reads:History
Originally written by Forrest SpauldingForrest Spaulding
Forrest Brisbin Spaulding was named in the American Libraries article, 100 of the most important leaders we had in the 20th century for his contribution to intellectual freedom in writing the Library Bill of Rights...
, director of the Des Moines Public Library
Public Library of Des Moines
The Public Library of Des Moines is an historic building in downtown Des Moines, Iowa, United States that was built in 1903. It was listed on the National Register of Historic Places in 1977. The building ceased to be a library in 2006 and now houses the Norman E...
, in 1938, the Library Bill of Rights was adopted by the American Library Association in 1939, and has been revised several times since. Its original adoption was introduced with the statement, "Today indications in many parts of the world point to growing intolerance, suppression of free speech, and censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
affecting the rights of minorities and individuals," a reference to the emergence of totalitarian states during that time. During the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
period, the Library Bill of Rights supported opponents of censorship of materials interpreted as communist propaganda. In 1948, the association adopted a major revision of the document, which strengthened it significantly to address the new wave of censorship attempts that marked the beginning of the Second Red Scare, and was subsequently attacked in newspapers as "leftist," a "red front
Red Front
Red Front was a socialist electoral coalition in the United Kingdom which stood candidates in the 1987 general election.Its main component was the Revolutionary Communist Party of Frank Furedi, while it also attracted the support of the tiny Revolutionary Democratic Group, Red Action and a few...
," and a "Communist organization." A 1967 revision shortened the document and removed rhetorical flourishes, also removing the qualification "of sound factual authority," which it was felt could have been used to justify censorship; also, "age" (along with background, origin, and views) was added to the attributes that should not be a basis for denying access to information. The document was revised again in 1980.
In 1996, the American Library Association reaffirmed the inclusion of age as an attribute that should not be the basis for denying access to information. This occurred after the American Library Trustee Association (ALTA) brought a request for this to the ALA Council.
Criticism
Shirley Wiegand, professor emeritus of law at Marquette UniversityMarquette University
Marquette University is a private, coeducational, Jesuit, Roman Catholic university located in Milwaukee, Wisconsin. Founded by the Society of Jesus in 1881, the school is one of 28 member institutions of the Association of Jesuit Colleges and Universities...
, asserts that the Library Bill of Rights uses rhetoric disconnected from the legal understanding of "rights", such as "Bills of Rights", and "rights" themselves, are legally enforceable and backed by well-developed arguments. The Library Bill of Rights has no such force or backing, because it is simply a statement of principles. Wiegand argues that the Library Bill of Rights (and the accompanying rhetoric) needs to be supplanted by a code well-grounded in the case law and language of the First Amendment and its accompanying legal principles. Something similar to the Library Bill of Rights could be retained as an accompanying "aspirational creed", such as a revised form of the ALA Code of Ethics, but it would need to provide more practical guidance.
David Woolwine of Hofstra University
Hofstra University
Hofstra University is a private, nonsectarian institution of higher learning located in the Village of Hempstead, New York, United States, about east of New York City: less than an hour away by train or car...
has criticized the philosophical underpinnings of the Library Bill of Rights, specifically objecting to the use of utilitarianism
Utilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...
and "rights discourse" in defense of the principles. The "moral calculus" of the utilitarian argument that free access of information produces the greatest good for the greatest number can also be used to argue in support of restrictions for the purposes of safety and national security. Rights discourse relies on the assertion of rights with minimal referencing, while neglecting detailed argumentation. Woolwine asserts that utilitarianism and rights discourse need to be replaced by a synthesis of modern
Modernism
Modernism, in its broadest definition, is modern thought, character, or practice. More specifically, the term describes the modernist movement, its set of cultural tendencies and array of associated cultural movements, originally arising from wide-scale and far-reaching changes to Western society...
and post-modern
Postmodernism
Postmodernism is a philosophical movement evolved in reaction to modernism, the tendency in contemporary culture to accept only objective truth and to be inherently suspicious towards a global cultural narrative or meta-narrative. Postmodernist thought is an intentional departure from the...
philosophy to coherently and soundly justify the principles of the Library Bill of Rights.