Nebraska Intellectual Freedom
Handbook

Prepared by the
Intellectual Freedom Committee
Nebraska Library Association
and the
Nebraska Library Commission

Revised 6/17/04

Order of Topics

Introduction
Checklist
Records Which May Be Withheld
Developing a Mission Statement
Developing a Materials Selection Policy
Dealing With a Reconsideration Request
Request for Reconsideration Form
Handling a Complaint or Challenge
Library Bill of Rights
Freedom to Read
Freedom to View
Access to Electronic Information
Guide to the Patriot Act
Contacts

Introduction

As librarians, we are all concerned with the concept of intellectual freedom. It is our professional obligation to provide varied forms of information that meet the varied interests and needs of our community members. It is also our professional obligation to oppose the efforts of those who would attempt to monitor, challenge, change, or remove the materials of choice in our society.

This handbook provides access to relative resources for all librarians who may face a censorship challenge. Included are interpretations from the Library Bill of Rights, policies and procedures, examples of useful forms, and a list of library related organizations that may be contacted for further information.

Checklist for Managing Censorship

Consider the following points when deciding how well prepared you are to handle a challenge to intellectual freedom in your library.

________Are you familiar with Nebraska state laws, the Library Bill of Rights and other documents regarding intellectual freedom?

________Do you have a written collection development policy? Has it been formally adopted by your governing authority? Is it revised and updated periodically?

________Do you have written procedures for handling complaints and for reporting incidents?

________Are all library personnel familiar with the library’s materials selection policy and the library’s procedure for handling complaints and reporting incidents?

________Are you openly communicating with community groups and their leaders in the area served by your library?

________Do you have a public relations and/or marketing plan to assist the library in responding to a challenge?

________Are you aware of groups in your community who are advocates of intellectual freedom and who might have resources they would use in your support?

________Are you aware of state and national organizations, such as Nebraska Library Association (NLA) and American Library Association (ALA), which are advocates of intellectual freedom?

________Do you know who to call in case of a challenge?

_______Are you aware of the impact of the U.S.A. Patriot Act upon library services and have you trained your staff to respond to requests made under this Act?

Records Which May Be Withheld From The Public

Certain information can legally be withheld from the public. Withholding this information cannot be considered censorship but is a means of protecting confidentiality and security. The Revised Statutes of Nebraska 1943 (84-712.05) enumerates the kinds of information that may be withheld.

The following records, unless publicly disclosed in an open court, open administrative proceeding, or open meeting or disclosed by a public entity pursuant to its duties, may be withheld from the public by the lawful custodian of the records:

(1) Personal information in records regarding a student, prospective student, or former student of any educational institution or exempt school that has effectuated an election not to meet state approval or accreditation requirements pursuant to section 79-1601 when such records are maintained by and in the possession of a public entity, other than routine directory information specified and made public consistent with 20 U.S.C. 1232g, as such section existed on January 1, 2003;

(2) Medical records, other than records of births and deaths and except as provided in subdivision (5) of this section, in any form concerning any person, and also records of elections filed under section 44-2821;

(3) Trade secrets, academic and scientific research work which is in progress and unpublished, and other proprietary or commercial information which if released would give advantage to business competitors and serve no public purpose;

(4) Records which represent the work product of an attorney and the public body involved which are related to preparation for litigation, labor negotiations, or claims made by or against the public body or which are confidential communications as defined in section 27-503;

(5) Records developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, when the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant identification, or strategic or tactical information used in law enforcement training, except that this subdivision shall not apply to records so developed or received relating to the presence of and amount or concentration of alcohol or drugs in any body fluid of any person;

(6) Appraisals or appraisal information and negotiation records concerning the purchase or sale, by a public body, of any interest in real or personal property, prior to completion of the purchase or sale;

(7) Personal information in records regarding personnel of public bodies other than salaries and routine directory information;

(8) Information solely pertaining to protection of the security of public property and persons on or within public property, such as specific, unique vulnerability assessments or specific, unique response plans, either of which is intended to prevent or mitigate criminal acts the public disclosure of which would create a substantial likelihood of endangering public safety or property; computer or communications network schema, passwords, and user identification names; guard schedules; or lock combinations;

(9) The security standards, procedures, policies, plans, specifications, diagrams, access lists, and other security-related records of the Lottery Division of the Department of Revenue and those persons or entities with which the division has entered into contractual relationships. Nothing in this subdivision shall allow the division to withhold from the public any information relating to amounts paid persons or entities with which the division has entered into contractual relationships, amounts of prizes paid, the name of the prize winner, and the city, village, or county where the prize winner resides;

(10) With respect to public utilities and except as provided in sections 43-512.06 and 70-101, personally identified private citizen account payment information, credit information on others supplied in confidence, and customer lists;

(11) Records or portions of records kept by a publicly funded library which, when examined with or without other records, reveal the identity of any library patron using the library's materials or services;

(12) Correspondence, memoranda, and records of telephone calls related to the performance of duties by a member of the Legislature in whatever form. The lawful custodian of the correspondence, memoranda, and records of telephone calls, upon approval of the Executive Board of the Legislative Council, shall release the correspondence, memoranda, and records of telephone calls which are not designated as sensitive or confidential in nature to any person performing an audit of the Legislature. A member's correspondence, memoranda, and records of confidential telephone calls related to the performance of his or her legislative duties shall only be released to any other person with the explicit approval of the member;

(13) Records or portions of records kept by public bodies which would reveal the location, character, or ownership of any known archaeological, historical, or paleontological site in Nebraska when necessary to protect the site from a reasonably held fear of theft, vandalism, or trespass. This section shall not apply to the release of information for the purpose of scholarly research, examination by other public bodies for the protection of the resource or by recognized tribes, the Unmarked Human Burial Sites and Skeletal Remains Protection Act, or the federal Native American Graves Protection and Repatriation Act;

(14) Records or portions of records kept by public bodies which maintain collections of archaeological, historical, or paleontological significance which reveal the names and addresses of donors of such articles of archaeological, historical, or paleontological significance unless the donor approves disclosure, except as the records or portions thereof may be needed to carry out the purposes of the Unmarked Human Burial Sites and Skeletal Remains Protection Act or the federal Native American Graves Protection and Repatriation Act;

(15) Job application materials submitted by applicants, other than finalists, who have applied for employment by any public body as defined in section 84-1409. For purposes of this subdivision, job application materials means employment applications, resumes, reference letters, and school transcripts, and finalist means any applicant who is offered and who accepts an interview by a public body or its agents, representatives, or consultants for any public employment position; and

(16) Social security numbers; credit card, charge card, or debit card numbers and expiration dates; and financial account numbers supplied to state and local governments by citizens.

Source:

Laws 1979, LB 86, § 5; Laws 1983, LB 108, § 1; Laws 1983, LB 565, § 1;
Laws 1993, LB 579, § 6; Laws 1993, LB 590, § 6; Laws 1993, LB 719, § 2;
Laws 1994, LB 1061, § 7; Laws 1994, LB 1224, § 88;
Laws 1995, LB 343, § 7; Laws 1995, LB 509, § 6; Laws 1999, LB 137, § 1;
Laws 2002, LB 276, § 7; Laws 2004, LB 236, § 1;
Laws 2004, LB 868, § 3.

Effective date July 16, 2004.

Developing a Mission Statement

In order to develop a sound and useful Materials Selection Policy, a library must consider its mission statement. The library’s overall mission should guide library resource selection. A written, formal mission statement is a brief declaration of the overall purpose of the organization. It should be clear, concise, and memorable. In a single sentence or two, this statement summarizes the values of an organization and provides direction for every service, program, event, or activity in which the library engages. Goals and objectives, whether short-term or long-term, are drawn from the mission statement; it justifies all that a library does or plans to do.

A mission statement:

Once written and adopted, the mission statement must be communicated to all staff members. Everyone – Library Director, Librarians, Clerks, Volunteers, Part-time staff, Delivery drivers – should know the mission statement and support it in their responsibilities as library staff. In addition, all staff should also be trained in the basic principles of intellectual freedom. The mission statement should also be regularly communicated in library brochures, calendars, pamphlets, and marketing pieces.

Numerous well-written examples of library mission statements are available on the Internet for review.

Developing A Materials Selection Policy

A written, formal materials selection policy is an essential document for all libraries. It should be drawn from the library’s mission statement, and it should be adopted officially by the governing board of the library and communicated to the library staff and the library community. Once adopted, the policy should be reviewed periodically and revised as necessary.

A materials selection policy (or collection development policy) defines the scope, range, and focus of a library’s collections and clearly sets out principles and expectations for collection evaluation and maintenance, procedures for materials selection, and methodology for handling both suggestions and complaints. It should be a published document that is available for distribution to library staff as well as to interested library users.

Essential elements include:

A thoroughly written Materials Selection Policy could also include an appendix that contains the following documents that support the mission of collection development and the principles of intellectual freedom:

  1. The Library Bill of Rights (American Library Association, adopted and amended 1948, 1961, 1967, 1980).
  2. The Intellectual Freedom State: An Interpretation of the Library Bill of Rights(American Library Association, Freedom to Read Foundation, adopted 1971).
  3. The Statement of Labeling: An Interpretation of the Library Bill of Rights (American Library Association, adopted 1951, amended 1971, 1981).
  4. Your Library’s “Materials Complaint/Recommendation Form”


Numerous examples of well-written Materials Selection policies are available on the Internet for review.

Points to Think About in Dealing with Reconsideration Requests

1. What is the general content of this material?

2. How is the content presented in terms of scope, range, depth and continuity?

3. What new information, dimension or direction does this material provide?

4. How well documented are the information sources?

5. How up-to-date is the material?

6. What is the overall purpose of the material?

7. How is the purpose accomplished?

8. How well do the illustrations apply to the subject and age level?

9. What selection aides have reviewed this material? Attach reviews if possible.

10. What is the reputation and significance of the author and/or producer?

11. How well are the goals and objectives of the library materials selection policy reflected in this material?

12. What is the patron demand for this material?

Request for Reconsideration of Library Resources – Form Example

______________________________________has delegated the responsibility for selection and evaluation of library/educational resources to ____________________

___________________and has established reconsideration procedures to address concerns about those resources. Completion of this form is the first step in those procedures. If you wish to request reconsideration of library resources, please return the completed form to _________________________________________________.

Name____________________________________________Date_______________

Address_____________________________________________________________

City_____________________State_______Zip Code________Phone___________

Do you represent yourself?_________your organization?____________________

1. Resource on which you are commenting:

____Book ____Textbook ____Video ____Display

____Magazine ____Library Program ____Audio Recording

____Newspaper ____Electronic Information/Website

____Other______________________________________________________

Title_________________________________________________________________

Author/Producer______________________________________________________

2. What brought this resource to your attention?___________________________

_____________________________________________________________________

3. Have you examined the entire resource?________________________________

4. What concerns you about the resource? (Use other side or additional pages if

necessary.)

5. Are there resource(s) you can suggest to provide additional information and/or

other viewpoints on this topic?________________________________________

_____________________________________________________________________


Revised by the American Library Association

Intellectual Freedom Committee

June 27, 1995

Handling the Complaint/Challenge

Listed below are steps for handling a complaint about materials in the library or other challenges to intellectual freedom.

1. Stay calm, cool and collected. Be reasonable and rational at all times. Do not demean the individual who is making the complaint. Do not argue.

2. Provide the individual with the appropriate policy on materials, exhibit or meeting rooms.

3. If the individual is not satisfied, provide a "Request for Reconsideration of Materials" form. Ask the individual to fill it out completely and explain the rest of your library's procedure for handling a complaint.

4. Inform the administration of the full facts regarding the incident.

5. Contact the American Library Association (ALA).

6. Contact local media and civic organizations when appropriate, i.e. when the situation escalates beyond the scope of the library.

LIBRARY BILL OF RIGHTS


Adopted June 18, 1948.
Amended February 2, 1961, and January 23, 1980,
inclusion of “age” reaffirmed January 23, 1996,
by the ALA Council.

Affirmed as NEBRASKA LIBRARY BILL OF RIGHTS April 3, 1981 by unanimous adoption of the Nebraska Library Commission.

American Library Association
The Freedom to Read


This statement was originally issued in May of 1953

by the Westchester Conference of the American Library Association

and the American Book Publishers Council, which in 1970 consolidated with the American Educational Publishers Institute

to become the Association of American Publishers.

 

Adopted June 25, 1953; revised January 28, 1972, January 16, 1991, July 12, 2000, by the ALA Council and the AAP Freedom to Read Committee.

The Freedom to View

This statement was originally drafted by the Freedom to View Committee of the American Film and Video Association (formerly the Educational Film Library Association) and was adopted by the AFVA Board of Directors in February 1979.

This statement was updated and approved by the AFVA Board of Directors in 1989.

Endorsed by the ALA Council January 10, 1990.

Access to Electronic Information

 

Adopted by the ALA Council, January 24, 1996.

Guide to the U.S.A. Patriot Act

Including the American Library Association’s Resolution on the USA Patriot Act

and Related Measures That Infringe on the Rights of Library Users

Adopted by the ALA Council, January 29, 2003

 

Other U.S.A. Patriot Act Resources

http://lii.org/search/patriotact/

http://www.cla-net.org/resources/articles/us_patriot_act.php

You are encouraged to contact any of the following if you are confronted with a challenge:

American Library Association
Office of Intellectual Freedom
50 East Huron Street
Chicago, Illinois 60611
1-800-545-2433

Southeast Library System
5730 R Street Suite C1
Lincoln, NE 68505
PH: 402-467-6188 or 800-288-6063
FAX: 402-467-6196

Eastern Library System
11929 Elm Street, Suite 12
Omaha, NE 68144
PH: 402-330-7884 or 800-627-7884
FAX: 402-330-1859

Meridian Library System
3519 Second Ave, Suite B
Kearney, NE 68847
PH: 308-234-2087 or 800-657-2192
FAX: 308-234-4040

Northeast Library System
3038 33rd Ave, Suite 13
Columbus, NE 68601
PH: 402-564-1586
or 800-578-1014
FAX: 402-564-7977

Panhandle Library System
1517 Broadway, Suite 129
Scottsbluff, NE 69361
PH: 308-632-1350 or 800-569-4961
FAX: 308-632-3978

Republican Valley Library System
2727 West 2nd Street, Suite 233
Hastings, NE 68901
PH: 402-462-1975 or 800-569-4961
FAX: 402-462-1974

Nebraska Library Commission

1200 N Street, Suite 120
Lincoln, NE 68508
PH: 402-417-2045 or 800-307-2665

The Nebraska Library Association Home Page


Contact information for other state Intellectual Freedom Committees can be located on the American Library Association’s web site at: State IFC Roster