Intellectual Freedom and Privacy
Course
Legal and Professional Foundations of Intellectual Freedom [5:44]
- Learn how the First Amendment protects students' right to read freely.
- Learn the ways that the Library Bill of Rights and Code of Ethics protect and promote intellectual freedom.
- Learn how the Office of Intellectual Freedom works on state and federal levels on different topics.
The First Amendment doesn't directly say that everyone has the freedom to read, or the freedom to learn or explore what we want. However, courts have ruled that the right to read freely is protected under the First Amendment as part of the Freedom of Speech. In many legal cases, courts have also overturned the banning of books by schools as violations of students' first amendment rights. Furthermore, courts have affirmed that students have the right to privacy in what they choose to learn and read. However, students and the community are also protected by Freedom of Speech to raise concerns about a school library's collection. Public schools, which are directly funded by the state and federal government, must abide by all first amendment protections. Private schools, however, may handle the topics of censorship and privacy differently.
Topics related to intellectual freedom have been argued all the way up to the Supreme Court, and state courts have weighed in as well. For example, in the 1982 court case Island Trees School District versus Pico, high school students prevented the removal of books that the school board considered objectionable for a school library. The Supreme Court ruled in that case that school libraries were centers for voluntary inquiry and school board members simply could not remove books they disagreed with. In 2003 a school district in Arkansas decided that Harry Potter books could only be accessed with a parent permission form. Since the books were removed from general circulation, an Arkansas court ruled that their actions were unconstitutional. For more information on these and other court cases, see the resources listed below.
The American Library Association created a Library Bill of Rights, outlining the expectations and freedoms that users are entitled to in all libraries, including school libraries. Each article in the Library Bill of Rights relates to intellectual freedom in some way. Some topics it includes are challenging censorship, offering information from multiple perspectives, and a person's right to use a library. It also supports a person's right to privacy, as well as the charge to librarians to keep library records confidential. The American Library Association also published a Code of Ethics, which is strongly recommended for all librarians to follow. The Code of Ethics embodies intellectual freedom in several articles, including topics such as resisting censorship of library resources, protecting users' rights to privacy of records, and not allowing our personal beliefs to compromise our collection development. Overall, the American Library Association is a strong supporter of intellectual freedom and provides solid standing for librarians to protect and promote it.
In order to support all librarians in its continuous effort to promote intellectual freedom, the American Library Association created an Office of Intellectual Freedom. It works actively to be vocal on the state and federal levels on topics such as the rights of minors, privacy, and internet filtering. They are also the group that publishes a list of the most challenged books each year. Librarians can contact the Office of Intellectual Freedom with questions, concerns, or advice. See the resources below for additional information and the Office of Intellectual Freedom website.
School librarians are tasked with not only providing access to many perspectives and ideas, but also with upholding many of the foundations this country was founded on. The freedom of speech, given by the First Amendment, has been fought for by brave librarians and citizens alike. Protecting our students' freedom to read and learn about anything that interests them is supported not only by the Constitution and the courts, but also the American Library Association. Its Office of Intellectual Freedom, as well as its Library Bill of Rights and Code of Ethics, gives us guidance in how to protect those rights for our school community.
There are so many resources available online to help school librarians promote intellectual freedom. The American Library Association's Office of Intellectual Freedom has a plethora of information freely accessible to all. Use the link to their website below and reflect on the questions.
Office for Intellectual Freedom, American Library Association. http://www.ala.org/advocacy/intfreedom.
Explore several resources from the Office of Intellectual Freedom's website, including School and Minors' Rights and the Interpretations of the Library Bill of Rights. Then, using page 2 of the handout, reflect on the following: What items do you already practice in your library? Identify some parts that resonate strongly with you.
MLA Citation
Grover, Rachel. "Intellectual Freedom and Privacy: Supporting Intellectual Freedom." School Library Connection, May 2021, schoollibraryconnection.com/Content/Course/2262053?learningModuleId=2262052&topicCenterId=2247902.
Entry ID: 2262055
Additional Resources
MLA Citation
Grover, Rachel. "Intellectual Freedom and Privacy. Legal and Professional Foundations of Intellectual Freedom [5:44]." School Library Connection, ABC-CLIO, May 2021, schoollibraryconnection.com/Content/Course/2262053?learningModuleId=2262052&topicCenterId=2247902.
https://schoollibraryconnection.com/Content/Course/2262053?learningModuleId=2262052&topicCenterId=2247902
Entry ID: 2262053