The Universal Right to Free Expression: An Interpretation of the Library Bill of Rights

 

Freedom of expression is an inalienable human right and the foundation for self-government. Freedom of expression encompasses the freedoms of speech, press, religion, assembly, and association, and the corollary right to receive information without interference and without compromising personal privacy.

The American Library Association endorses this principle, which is also set forth in the Universal Declaration of Human Rights, adopted by the United Nations General Assembly. The Preamble of this document states that “. . . recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world. . .” and “. . . the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people. . . .”

Article 12 of this document states:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor or reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 18 of this document states:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19 states:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.

Article 20 states:

1. Everyone has the right to freedom of peaceful assembly and association.

2. No one may be compelled to belong to an association.

On December 18, 2013, the United Nations General Assembly adopted a resolution reaffirming that the right to personal privacy applies to the use of communications technology and digital records, and requiring the governments of member nations to “respect and protect” the privacy rights of individuals.

We affirm our belief that these are inalienable rights of every person, regardless of origin, age, background, or views. We embody our professional commitment to these principles in the Library Bill of Rights and Code of Ethics, as adopted by the American Library Association.

We maintain that these are universal principles and should be applied by libraries and librarians throughout the world. The American Library Association’s policy on International Relations reflects these objectives: “. . . to encourage the exchange, dissemination, and access to information and the unrestricted flow of library materials in all formats throughout the world.”

We know that censorship, ignorance, and manipulation are the tools of tyrants and profiteers.  We support the principles of Net neutrality, transparency, and accountability. We maintain that both government and corporate efforts to suppress, manipulate, or intercept personal communications and search queries with minimal oversight or accountability, and without user consent, is oppressive and discriminatory. The technological ability of commercial and government interests to engage in the massive collection and aggregation of personally identifiable information without due process and transparency is an abuse of the public trust and inimical to privacy and free expression. We believe that everyone benefits when each individual is treated with respect, and ideas and information are freely shared, openly debated, and vigorously tested in the market of public experience. 

The American Library Association is unswerving in its commitment to human rights, but cherishes a particular commitment to privacy and free expression; the two are inseparably linked and inextricably entwined with the professional practice of librarianship. We believe that the rights of privacy and free expression are not derived from any claim of political, racial, economic, or cultural hegemony.  These rights are inherent in every individual. They cannot be surrendered or subordinated, nor can they be denied, by the decree of any government or corporate interest. True justice and equality depend upon the constant exercise of these rights.

We recognize the power of information and ideas to inspire justice, to restore freedom and dignity to the exploited and oppressed, to change the hearts and minds of the oppressors, and to offer opportunities for a better life to all people.

Courageous people, in difficult and dangerous circumstances throughout human history, have demonstrated that freedom lives in the human heart and cries out for justice even in the face of threats, enslavement, imprisonment, torture, exile, and death. We draw inspiration from their example. They challenge us to remain steadfast in our most basic professional responsibility to promote and defend the rights of privacy and free expression.

There is no good censorship. Any effort to restrict free expression and the free flow of information through any media and regardless of frontiers aids discrimination and oppression. Fighting oppression with censorship is self-defeating. There is no meaningful freedom for the individual without personal privacy. A society that does not respect the privacy of the individual will be blind to the erosion of its rights and liberties.

Threats to the privacy and freedom of expression of any person anywhere are threats to the privacy and freedom of all people everywhere. Violations of these human rights have been recorded in virtually every country and society across the globe. Vigilance in protecting these rights is our best defense.

In response to these violations, we affirm these principles:

The American Library Association opposes any use of governmental prerogative that leads to intimidation of individuals that prevents them from exercising their rights to hold opinions without interference, and to seek, receive, and impart information and ideas. We urge libraries and librarians everywhere to resist such abuse of governmental power, and to support those against whom such governmental power has been employed.

The American Library Association condemns any governmental effort to involve libraries and librarians in restrictions on the right of any individual to hold opinions without interference, and to seek, receive, and impart information and ideas. Such restrictions, whether enforced by statutes or regulations, contractual stipulations, or voluntary agreements, pervert the function of the library and violate the professional responsibilities of librarians.

The American Library Association rejects censorship in any form. Any action that denies the inalienable human rights of individuals only damages the will to resist oppression, strengthens the hand of the oppressor, and undermines the cause of justice.

The American Library Association will not abrogate these principles. We believe that censorship corrupts the cause of justice, and contributes to the demise of freedom.

Adopted January 16, 1991, by the ALA Council; and amended on July 1, 2014.