Challenged Resources

An Interpretation of the Library Bill of Rights

“Libraries: An American Value” states, “We protect the rights of individuals to express their opinions about library resources and services.” The American Library Association declares as a matter of firm principle that it is the responsibility of every library to have a clearly defined written policy for collection development that includes a procedure for review of challenged resources. Collection development applies to print and media resources or formats in the physical collection. It also applies to digital resources such as databases, e-books and other downloadable and streaming media.

Content filtering is not equivalent to collection development. Content filtering is exclusive, not inclusive, and cannot effectively curate content or mediate access to resources available on the Internet. This should be addressed separately in the library’s acceptable use policy.   These policies reflect the American Library Association’s Library Bill of Rights and are approved by the appropriate governing authority.

Challenged resources should remain in the collection and accessible during the review process. The Library Bill of Rights states in Article I that “Materials should not be excluded because of the origin, background, or views of those contributing to their creation,” and in Article II, that “Materials should not be proscribed or removed because of partisan or doctrinal disapproval.” Freedom of expression is protected by the Constitution of the United States, but constitutionally protected expression is often separated from unprotected expression only by a dim and uncertain line. The Supreme Court has held that the Constitution requires a procedure designed to examine critically all challenged expression before it can be suppressed.1 This procedure should be open, transparent, and conform to all applicable open meeting and public records laws. Resources that meet the criteria for selection and inclusion within the collection should not be removed.

Therefore, any attempt, be it legal or extra-legal,2 to regulate or suppress resources in libraries must be closely scrutinized to the end that protected expression is not abridged.
 

Notes

1. Bantam Books, Inc. v. Sullivan, 372 U.S. 58 (1963).

2. “Extra-legal” refers to actions that are not regulated or sanctioned by law. These can include attempts to remove or suppress materials by library staff and library board members that circumvent the library’s collection development policy, or actions taken by elected officials or library board members outside the established legal process for making legislative or board decisions. “Legal process” includes challenges to library materials initiated and conducted pursuant to the library’s collection development policy, actions taken by legislative bodies or library boards during official sessions or meetings, or litigation undertaken in courts of law with jurisdiction over the library and the library’s governing body.

Adopted June 25, 1971; amended July 1, 1981; January 10, 1990; January 28, 2009, and July 1, 2014, by the ALA Council.

[ISBN 8389-6083-9]

See also: Reporting a ChallengeConducting a Challenge HearingCoping with Challenges: Kids and Libraries, and Coping with Challenges: Strategies and Tips for Dealing with Challenges to Library Materials