THE FIRST AMENDMENT THE LIBRARY AND YOU OR

THE FIRST AMENDMENT, THE LIBRARY, AND YOU! OR…. HOW I STOPPED WORRYING AND LEARNED TO LOVE A CHALLENGED BOOK!

THE FIRST AMENDMENT SAYS: Congress Shall Make No Law Respecting an Establishment of Religion, or Prohibiting the Free Exercise Thereof; or Abridging the Freedom of Speech. .

SO, WHAT DOES IT ALL MEAN TO THE LIBRARY? The American Library Association Bill Of Rights I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.

“Without Freedom of Thought, there can be no such Thing as Wisdom; and no such Thing as publick Liberty, without Freedom of Speech. ” — Benjamin Franklin

NOTABLE FIRST AMENDMENT COURT CASES • Schenk v. United States, 249 U. S. 47, 39 s. Ct. , L. ed. 2 d. (1919) • Sund v. City of Wichita Falls, Texas, 121 F. Supp. 2 d 530 (N. D. Texas, 2000) Where Chief Justice Holmes and the court A city residents group from a church sought set the “clear and present danger test” to remove two books; Heather Has Two to judge whether words used “will bring Mommies and Daddy’s Roommate, both about the substantive evils Congress dealing with homosexuality, from library has the right to prevent”. During shelves. The court found that this wartime, the defendants mailed leaflets removal represented “content-based and to draftees that compared drafted viewpoint based discrimination”. military service to involuntary servitude, or slavery • Tinker v. Des Moines Independent Evans v. Selma Union High School District of Fresno County, 222 P. 801 (Ca. 1924) The California Supreme Court held that the King James version of the Bible was not specific to a “certain” religion, but is “a work of literature fit to be included in a reference library”. Community School District, 393 U. S. 503, 89 S Ct. 733, 21 L. Ed. 21 731 (1969) Three students wee expelled after wearing black arm bands to school to protest the war in Vietnam. The Supreme held that students do not “Shed their constitutional rights at the schoolhouse gate”.

LIBRARY BILL OF RIGHTS: ARTICLE II 1. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.

“Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech. ” — Benjamin Franklin

Pornography and Obscenity The Miller Test The U. S. Supreme Court set up a test for obscenity in the 1973 decision Miller V. California, providing three basic guidelines: is it 1. Patently Offensive 2. Taken as a whole, does it lack serious literary, artistic, political, or scientific value 3. Would the average person, applying today's standards, find that the work appeals to a prurient interest

How does the First Amendment apply to what happens in the library? • COLLECTION DEVELOPMENT • BOOK CHALLENGES • CENSORSHIP

Censorship occurs at all levels… • The author does it , • The publisher does it, • The librarian does it, EVEN STUDENTS SELF-CENSOR

Why are books challenged? Usually with the best intentions…. To protect others (mostly children) from “unsafe” ideas To guard against “dangerous” behaviors and thoughts

Banned and Challenged Books Through History • 1873: Comstock Law. Designed to stop the mailing of obscene materials to soldiers, and the mailing of these materials through the U. S. postal system • 1881: Walt Whitman’s Leaves of Grass; His publisher refused to publish the 7 th edition due to it being too “provocative”. • 1980: Shakespeare’s Merchant of Venice Banned in Midland, Michigan because it was thought to be anti-Semitic. • 1993: West Shores Schools in Harrisburg, Pennsylvania challenged the Bible, claiming it contained over 300 examples of obscenity, violence, and murder

“It's not just the books under fire now that worry me. It is the books that will never be written. The books that will never be read. And all due to the fear of censorship. As always, young readers will be the real losers. ” — Judy Blume Some of the 100 most challenged books of all time Scary Stories (Series) by Alvin Schwartz The Chocolate War by Robert Cormier Harry Potter (Series) by J. K. Rowling The Giver by Lois Lowry A Wrinkle in Time by Madeleine L'Engle Where's Waldo? by Martin Hanford The Adventures of Huckleberry Finn by Mark Twain CHARLOTTES WEB by E. B. WHITE

Who would challenge a book? • Religious organizations • Political parties and governments • Parents Even….

YOUR Librarian

Bibliography • “US Constitution-Amendments” • “Library Bill of Rights” American Library Association http: //www. gpoaccess. gov/constitution/ pdf/con 001. pdf http: //www. ala. org/ala/oif/statementspo ls/statementsif/librarybillrights. htm • “Ben Franklin Quotations” http: //www. bartleby. com/100/ • Notable First Amendment cases • “Banned Books Through History” and “Some of the 100 books” http: //www. ala. org/ala/oif/firstamendme nt/courtcases. htm <www. ala. org/oif>