Intellectual Freedom in American Society

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AL 23200, Research Strategies for the Digital Age
Monday,  December  5 , 2016
a greater understanding of
Intellectual Freedom as a Core Value
of
American society in general
and of
American libraries in particular
Give me 
liberty
 or give me death!
We hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain unalienable Rights,
that among these are Life,
 
Liberty
 
and the pursuit of Happiness.
We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
common defense, promote the general Welfare, and secure the Blessings
of 
Liberty
 to ourselves and our Posterity, do ordain and….
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 the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances.
... with 
liberty
 and justice for all.
Positive
 Freedom:  
to
think, feel, believe, speak, write, publish, distribute
& peacefully assemble
Negative
 Freedom:   
from 
government restrictions on
One’s thoughts, feelings, beliefs, speech, writing,
publishing, distribution & peaceful assembly.
  
ACADEMIC FREEDOM
Context:  The Academy.
Who:  The individual scholar, teacher, student, etc.
What:  Freedom to research, teach & publish in
one’s discipline.
Threat:  Loss of job, suppression of ideas, etc.
 
and the consequent stifling of research
 
and the advancement of knowledge
INTELLECTUAL FREEDOM
Context:  Libraries.
Who:  All Individual readers, viewers, listeners, etc.
What:  Freedom to access all “constitutionally
protected” speech.
Threat:  Inability to access competing ideas, etc.
 
 
and the
 
consequent suppression of the exchange of
 
ideas essential for a functioning democracy.
Intellectual Freedom exists when
:
You
 decide 
what you read, view, listen to or
otherwise access.
Censorship occurs when
:
Someone else 
(usually government) 
decides 
what
you read, view, listen to or otherwise access.
No one wants to be censored!
So why the problem?
Most
 people have something that offends them and
therefore are at least tempted to censor others.
Some
 
people want 
to control 
what 
other
 people can
read or otherwise access.
The difference  between the two groups is what
people do.
Religion:  The Golden Rule
Culture:  Fair play & practicality
What’s good for the goose is good for the gander.
I’ll scratch your back; you scratch mine.
The United States Constitution
The “Bill of Rights” (Amendments 1-10)
Is the legal basis for intellectual freedom in the U. S.
Is an integral part of the Constitution.
IS NOT extra or an after thought.
IS NOT legislation – in the ordinary sense.
IS NOT simply valued by the left OR right.
Cannot
 be overridden by a majorty vote of or
executive action by:
Congress
State Legislatures
City Councils
Federal Executive Branch
State Executive Branch
Mayors
Library Boards
Can only 
be changed by
Constitutional amendment
Supreme Court interpretation
Can be 
affected by
Local community pressure
Reflects the 
memories
 and 
experiences 
of
the Founders.
Living memory 
of political persecution.
Living memory 
religious persecution.
Living experience
 of the abuse 
of the rights of
English subjects by the British Crown
Remember the Context
Suppression of free speech and the press during
a long, bloody revolutionary war
,
a period of intense insecurity!
Note similarity to our current situation!!!
Optimistic
Established a republic
Established a representative democracy
Trusted the body politic
Many Deists & Free Thinkers (e.g., Jefferson &
Franklin)
Pessimistic
Established checks & balances
Wrote rights into the Constitution
Did not trust individuals
Many Calvinists
Religion 
(of, for and from)
 
Press
  
Speech
   
Petition
    
Assembly
Five freedoms = 
intellectual freedom
The freedom to read, view, listen to or access
what
 you will
with whom 
you will and
to petition 
(complain) if you don’t like it.
Our form of government is
A republic and a representative democracy
Not a monarchy, dictatorship, oligarchy or
 
plutocracy where someone decides 
for us
Therefore we need
informed
 citizens to elect 
informed 
representatives.
a 
free marketplace of ideas 
in which to debate.
to 
receive
 information
Courts have held 
that for the 1
st
 Amendment to have
meaning people have to be able to 
receive
information.
to 
privacy
48 states & DC have 
library confidentiality laws.
2 states have AG opinions protecting library records.
Access library materials without fear of
 reprisal.
 
a 
chilling effect 
on the exercise of fundamental rights
SCOTUS restrictions
time
place
manner
Exceptions Include:
obscenity
libel
slander
fighting words
child porn
national security
& a very few more
Laws authorizing exceptions 
must address
a “
compelling
 government interest” 
and
must be “
narrowly
 tailored”
Only a court 
can determine if “speech” is
not protected.
1735 – John Peter Zenger – Newspapers, political expression
1919 –  Schenck v. United States -- "clear and present danger"
1925 – Gitlow v. New York – states & localities
1933 – U.S. v. … Ulysses – obscenity, creative expression
1963 – NYT  v. Sullivan – libel of “public figures”
1969 – Brandenburgh v. Ohio – "imminent lawless action“
1971 – NYT. v. United States – prior restraint, Pentagon Papers
1980s + – Media, indecency, Internet filtering, etc.
Censorship by government bodies is generally unconstitutional.
Public libraries are government bodies.
Private libraries are free to censor but generally don’t.
Calling for censorship isn’t censorship 
per se
.  It’s free speech!
Choosing not 
to stock, sell, broadcast, publish, etc. is still
censorship in the broadest sense – but it is also a constitutional
right.
Parents
 can and should guide the reading, viewing or listening
of their children -- 
but only
 their children.
Courts have applied the Bill of Rights to public libraries
via the concept of a 
public forum
.
Traditional 
public forums
Parks, sidewalks, etc.
Any one may engage in constitutionally protected speech
Limited or designated
 
public forums
Fairground grand stands
School auditoriums – after hours
Public libraries
Public Libraries
are 
designated, limited public forums
 for the 
receipt
 
of
information.
may ban or regulate 
behavior
 that interferes with their
purpose as a limited designated public forum.
may designate 
and define space (e.g. 
meeting rooms,
exhibit space 
and
 literature distribution space
) for the
exchange 
of information, etc.
Once 
space
 is made available only 
time, place and manner
restriction should be used – not content or purpose.
The Absolutely True Diary of a Part-Time Indian
, 
by
Sherman Alexie
Persepolis
, 
by Marjane Satrapi
And Tango Makes Three
, 
Justin Richardson and Peter
Parnell
The Bluest Eye
, 
by Toni Morrison
It’s Perfectly Normal
, 
by Robie Harris
From ALA OIF’s Ten Most Challenged List
 
 
 http://www.ala.org/bbooks/frequentlychallengedbooks
Books
Leisure Reading
Serious Lit
Popular Lit
Scientific Works
Graphic Novels
Journal Articles
Magazine Articles
News Articles
Scientific Articles
Movies, DVDs, etc.
Music CDs
Pictures,
Paintings
Websites
Displays
Meetings
Cartoons
Comics
Anti-ethnic
Cultural Sensitivity
Racism
Sexism
Anti-family
Nudity
Offensive Language
Other offensive item
Abortion
Drugs/Smoking
Gambling
Gangs
Violence
Suicide
Homosexuality
Sexually explicit
Political viewpoint
Religious viewpoint
Occult/Satanism
Unsuitable to Age
Group
Inaccurate
Technical error
Anywhere and Everywhere
no geographical, social or economic limits
Anyone 
no age, political, educational, ethnic, gender or
religious limits
from the left, right, middle and off the wall.
A professional policy document.
Provides guidance for libraries & librarians.
Is based on the Bill of Rights.
Is 
not 
a legal document (no sanctions).
I.  Books, etc. should:
be provided for . . 
. 
all
 people 
of the community.
not be excluded 
because of who created them.
II.  Books, etc. should:
present 
all
 points of view 
. . . issues.
not be excluded 
for partisan or doctrinal reasons.
V.  A person’s right to use a library
 should not be denied or abridged…
http://www.ala.org/ala/aboutala/offices/oif/index.cfm
Interpretations of the LBOR
Freedom to Read Statement
Code of Professional Ethics
Intellectual Freedom Manual
Balance means having a mix 
of resources
representing 
all viewpoints 
on an issue of
interest to a community within the library’s
fiscal restraints.
Balance does not mean having an equal
number
 of resources for 
two sides 
of an
issue.  There are always multiple sides to
(viewpoints on) any issue.
Formats change
Print on paper, microfilm, tapes, CDs, DVD, online,
etc.
With every new media comes the argument
that things are now really different and that
censorship is OK.
But:
Principles remain the same
Only the practicalities differ
Greater impact than the Print Revolution
Expanded, nearly universal access
Expanded opportunities for good or evil
Accuracy & integrity of the historical record
challenged
From fixed (printed on paper)
To ephemeral (think of the “cloud”)
Libraries and individuals 
no longer 
own
 content.
Libraries and individuals 
license 
access
 to content.
Content is controlled by the rights holder.
From
First Amendment / Constitutional rights.
To
Contract law (licenses).
Potential threats to unfettered access and
uncompromised content are increasing.
Campaign websites
“Revised” & “Retracted” journal articles
Amazon and 1984
Privacy is a Prerequisite to full enjoyment of
Intellectual Freedom – 
the “chilling effect”
No one’s business but yours
Self-evident
No fear of misunderstanding
Kittens and Biscuits
No fear of untimely public exposure
Child abuse, sexual abuse, anything intensely personal
No fear of government retaliation
Unpopular opinions
3 of 8 Principles Directly Relevant
2.  We uphold the principles of 
intellectual
freedom 
and resist all efforts to censor library
resources.
3.  We protect each library user's right to
privacy and confidentiality
 with respect to
information sought or received and resources
consulted, borrowed, acquired or transmitted.
We distinguish between our 
personal
convictions
 
and 
professional duties
and
do not allow our 
personal beliefs 
to interfere
with fair representation of the 
aims of our
institutions
 or the 
provision of access 
to their
information resources.
undefined
A good library has
something
to offend
everyone!
 
LIBRARY ORANIZATIONS:
Office for Intellectual Freedom.  
Intellectual Freedom Manual
, 9
th
 Ed.
(Chicago:  ALA, 2015)
_________.  History of ALA Policy on Intellectual Freedom: A Supplement
to the Intellectual Freedom Manual
, 9
th
 Ed. (Chicago:  ALA, 2015)
_________.
  
Choose Privacy Week:  Resource Guide
.  (Chicago:  ALA, 2009)
ALA’s Office for Intellectual Freedom 
http://www.ala.org/offices//oif
Doyle, Robert.  
Banned Books:   Challenging Our Freedom to Read.
(Chicago:  ALA. 2010)
Freedom to Read Foundation
http://www.ala.org/groups/affiliates/relatedgroups/freedomtoreadfoundation
1
ST
 AMENDMENT DEFENSE ORGANIZATIONS:
American Civil Liberties Union  
https://www.aclu.org/
National Council of Teachers of English (NCTE)
 
http://www.ncte.org/positions/censorship
PEN International  
http://www.pen-international.org/
Media Coalition  
http://mediacoalition.org/
Electronic Frontier Foundation  
https://www.eff.org/
J. Douglas Archer
Peace Studies, Global Affairs & Political Science Librarian
114 Hesburgh Library
University of Notre Dame
Notre Dame, IN  46556
574-631-6656 voice
archer.1@nd.edu
www.nd.edu/~jarcher
Member & Past Chair, ALA Intellectual Freedom Committee
Past Chair, IFL Intellectual Freedom Committee
Member, Freedom to Read Foundation, Board of Directors
Trustee, Leroy C. Merritt Humanitarian Fund
ALA Councilor at Large
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Explore the concept of intellectual freedom as a core value in American society, emphasizing the importance of liberty, democracy, and the exchange of ideas. Academic and intellectual freedom are crucial for the advancement of knowledge and the functioning of a democratic society, allowing individuals to decide what they read, view, or listen to without censorship. Embrace positive and negative freedom, safeguarding the right to think, speak, and assemble freely.

  • Intellectual Freedom
  • American Society
  • Academic Freedom
  • Liberty
  • Democracy

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  1. AL 23200, Research Strategies for the Digital Age Monday, December 5 , 2016

  2. a greater understanding of Intellectual Freedom as a Core Value of American society in general and of American libraries in particular

  3. Give me libertyor give me death! We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life,Liberty and the pursuit of Happiness. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and . 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 the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ... with libertyand justice for all.

  4. Positive Freedom: to think, feel, believe, speak, write, publish, distribute & peacefully assemble Negative Freedom: from government restrictions on One s thoughts, feelings, beliefs, speech, writing, publishing, distribution & peaceful assembly.

  5. ACADEMIC FREEDOM Context: The Academy. Who: The individual scholar, teacher, student, etc. What: Freedom to research, teach & publish in one s discipline. Threat: Loss of job, suppression of ideas, etc. and the consequent stifling of research and the advancement of knowledge

  6. INTELLECTUAL FREEDOM Context: Libraries. Who: All Individual readers, viewers, listeners, etc. What: Freedom to access all constitutionally protected speech. Threat: Inability to access competing ideas, etc. and the consequent suppression of the exchange of ideas essential for a functioning democracy.

  7. Intellectual Freedom exists when: You decide what you read, view, listen to or otherwise access. Censorship occurs when: Someone else (usually government) decides what you read, view, listen to or otherwise access.

  8. No one wants to be censored! So why the problem? Most people have something that offends them and therefore are at least tempted to censor others. Somepeople want to control what other people can read or otherwise access. The difference between the two groups is what people do.

  9. Religion: The Golden Rule Culture: Fair play & practicality What s good for the goose is good for the gander. I ll scratch your back; you scratch mine. The United States Constitution The Bill of Rights (Amendments 1-10)

  10. Is the legal basis for intellectual freedom in the U. S. Is an integral part of the Constitution. IS NOT extra or an after thought. IS NOT legislation in the ordinary sense. IS NOT simply valued by the left OR right.

  11. Cannotbe overridden by a majorty vote of or executive action by: Congress State Legislatures City Councils Federal Executive Branch State Executive Branch Mayors Library Boards

  12. Can only be changed by Constitutional amendment Supreme Court interpretation Can be affected by Local community pressure

  13. Reflects the memories and experiences of the Founders. Living memory of political persecution. Living memory religious persecution. Living experience of the abuse of the rights of English subjects by the British Crown

  14. Remember the Context Suppression of free speech and the press during a long, bloody revolutionary war, a period of intense insecurity! Note similarity to our current situation!!!

  15. Optimistic Established a republic Established a representative democracy Trusted the body politic Many Deists & Free Thinkers (e.g., Jefferson & Franklin)

  16. Pessimistic Established checks & balances Wrote rights into the Constitution Did not trust individuals Many Calvinists

  17. Religion (of, for and from) Press Speech Petition Assembly Five freedoms = intellectual freedom The freedom to read, view, listen to or access what you will with whom you will and to petition (complain) if you don t like it.

  18. Our form of government is A republic and a representative democracy Not a monarchy, dictatorship, oligarchy or plutocracy where someone decides for us Therefore we need informedcitizens to elect informed representatives. a free marketplace of ideas in which to debate.

  19. to receive information Courts have held that for the 1stAmendment to have meaning people have to be able to receive information. to privacy 48 states & DC have library confidentiality laws. 2 states have AG opinions protecting library records. Access library materials without fear of reprisal. a chilling effect on the exercise of fundamental rights

  20. SCOTUS restrictions Exceptions Include: time place manner obscenity libel slander fighting words child porn national security & a very few more

  21. Laws authorizing exceptions must address a compelling government interest and must be narrowly tailored Only a court can determine if speech is not protected.

  22. 1735 John Peter Zenger Newspapers, political expression 1919 Schenck v. United States -- "clear and present danger" 1925 Gitlow v. New York states & localities 1933 U.S. v. Ulysses obscenity, creative expression 1963 NYT v. Sullivan libel of public figures 1969 Brandenburgh v. Ohio "imminent lawless action 1971 NYT. v. United States prior restraint, Pentagon Papers 1980s + Media, indecency, Internet filtering, etc.

  23. Censorship by government bodies is generally unconstitutional. Public libraries are government bodies. Private libraries are free to censor but generally don t. Calling for censorship isn t censorship per se. It s free speech! Choosing not to stock, sell, broadcast, publish, etc. is still censorship in the broadest sense but it is also a constitutional right. Parents can and should guide the reading, viewing or listening of their children -- but only their children.

  24. Courts have applied the Bill of Rights to public libraries via the concept of a public forum. Traditional public forums Parks, sidewalks, etc. Any one may engage in constitutionally protected speech Limited or designated public forums Fairground grand stands School auditoriums after hours Public libraries

  25. Public Libraries are designated, limited public forums for the receipt of information. may ban or regulate behavior that interferes with their purpose as a limited designated public forum. may designate and define space (e.g. meeting rooms, exhibit space and literature distribution space) for the exchange of information, etc. Once space is made available only time, place and manner restriction should be used not content or purpose.

  26. The Absolutely True Diary of a Part-Time Indian, by Sherman Alexie Persepolis, by MarjaneSatrapi And Tango Makes Three, Justin Richardson and Peter Parnell The Bluest Eye, by Toni Morrison It s Perfectly Normal, by RobieHarris From ALA OIF s Ten Most Challenged List http://www.ala.org/bbooks/frequentlychallengedbooks

  27. Books Leisure Reading Serious Lit Popular Lit Scientific Works Graphic Novels Scientific Articles Movies, DVDs, etc. Music CDs Pictures, Paintings Websites Displays Meetings Cartoons Comics Journal Articles Magazine Articles News Articles

  28. Anti-ethnic Cultural Sensitivity Racism Sexism Anti-family Nudity Offensive Language Other offensive item Abortion Drugs/Smoking Gambling Gangs Violence Suicide Homosexuality Sexually explicit Political viewpoint Religious viewpoint Occult/Satanism Unsuitable to Age Group Inaccurate Technical error

  29. Anywhere and Everywhere no geographical, social or economic limits Anyone no age, political, educational, ethnic, gender or religious limits from the left, right, middle and off the wall.

  30. A professional policy document. Provides guidance for libraries & librarians. Is based on the Bill of Rights. Is not a legal document (no sanctions).

  31. I. Books, etc. should: be provided for . . . all people of the community. not be excluded because of who created them. II. Books, etc. should: present all points of view . . . issues. not be excluded for partisan or doctrinal reasons. V. A person s right to use a library should not be denied or abridged

  32. http://www.ala.org/ala/aboutala/offices/oif/index.cfm Interpretations of the LBOR Freedom to Read Statement Code of Professional Ethics Intellectual Freedom Manual

  33. Balance means having a mix of resources representing all viewpoints on an issue of interest to a community within the library s fiscal restraints. Balance does not mean having an equal number of resources for two sides of an issue. There are always multiple sides to (viewpoints on) any issue.

  34. Formats change Print on paper, microfilm, tapes, CDs, DVD, online, etc. With every new media comes the argument that things are now really different and that censorship is OK. But: Principles remain the same Only the practicalities differ

  35. Greater impact than the Print Revolution Expanded, nearly universal access Expanded opportunities for good or evil Accuracy & integrity of the historical record challenged From fixed (printed on paper) To ephemeral (think of the cloud )

  36. Libraries and individuals no longer own content. Libraries and individuals license access to content. Content is controlled by the rights holder. From First Amendment / Constitutional rights. To Contract law (licenses).

  37. Potential threats to unfettered access and uncompromised content are increasing. Campaign websites Revised & Retracted journal articles Amazon and 1984

  38. Privacy is a Prerequisite to full enjoyment of Intellectual Freedom the chilling effect No one s business but yours Self-evident No fear of misunderstanding Kittens and Biscuits No fear of untimely public exposure Child abuse, sexual abuse, anything intensely personal No fear of government retaliation Unpopular opinions

  39. 3 of 8 Principles Directly Relevant 2. We uphold the principles of intellectual freedom and resist all efforts to censor library resources. 3. We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.

  40. We distinguish between our personal convictions and professional duties and do not allow our personal beliefs to interfere with fair representation of the aims of our institutions or the provision of access to their information resources.

  41. A good library has something to offend everyone!

  42. LIBRARY ORANIZATIONS: Office for Intellectual Freedom. Intellectual Freedom Manual, 9thEd. (Chicago: ALA, 2015) _________. History of ALA Policy on Intellectual Freedom: A Supplement to the Intellectual Freedom Manual, 9thEd. (Chicago: ALA, 2015) _________. Choose Privacy Week: Resource Guide. (Chicago: ALA, 2009) ALA s Office for Intellectual Freedom http://www.ala.org/offices//oif Doyle, Robert. Banned Books: Challenging Our Freedom to Read. (Chicago: ALA. 2010) Freedom to Read Foundation http://www.ala.org/groups/affiliates/relatedgroups/freedomtoreadfoundation

  43. 1STAMENDMENT DEFENSE ORGANIZATIONS: American Civil Liberties Union https://www.aclu.org/ National Council of Teachers of English (NCTE) http://www.ncte.org/positions/censorship PEN International http://www.pen-international.org/ Media Coalition http://mediacoalition.org/ Electronic Frontier Foundation https://www.eff.org/

  44. J. Douglas Archer Peace Studies, Global Affairs & Political Science Librarian 114 Hesburgh Library University of Notre Dame Notre Dame, IN 46556 574-631-6656 voice archer.1@nd.edu www.nd.edu/~jarcher Member & Past Chair, ALA Intellectual Freedom Committee Past Chair, IFL Intellectual Freedom Committee Member, Freedom to Read Foundation, Board of Directors Trustee, Leroy C. Merritt Humanitarian Fund ALA Councilor at Large

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