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Jessica Merritt shares a column on "25 Important Legal Issues Every Librarian Should Research" at Best Colleges Online, reminding librarians that there are important legal issues to consider. A number of points are relevant to censorship issues, especially in the United States, including the ones below:

• Filters: Many public libraries are under pressure to filter Internet access to patrons. Whether or not you do so can have legal implications for your library.


• Freedom of information: According to the First Amendment, the government is allowed to restrict information in the library. Find out what you can do about it and how you have to comply.


• Children on the Internet: Your library may be held responsible for offensive content accessed using the library’s computers, so it’s important to find out how to protect yourself.


• Hate meetings: Your library’s meeting rooms and computers may be used in order to spread and promote hateful speech and thoughts. Additionally, you may find that hateful literature is requested. Find out how to deal with this issue before it comes up.


• Book removal: Librarians have to be careful about removing books from a library’s collection. You will find that you often do not have unrestricted authority to remove offensive library books from your library.


• Banned books: Many books can be offensive to library patrons and parents of young patrons that visit your library, and books are often challenged by groups and individuals. How you deal with the removal or preservation of a book is important.


• Bulletin boards: Your library’s bulletin boards may be used as a community resource, so it’s important to consider whether or not you’re violating free speech with your bulletin board policy.


• FBI in the library: The FBI can use your library as a resource for investigating the public’s usage of your resources, so it’s important to know how to deal with it. One librarian has come up with a few technically legal signs that you can use to let patrons know they may be monitored.

Although schools and school libraries tend to deal with the most book challenges, public libraries can find themselves in a position where they are required to uphold collection policies. Below is a republished article from MyLibLog: My (mostly) Library-related Blog by Jamie LaRue. It is LaRue's response to a patron's challenge to Uncle Bobby's Wedding by Sarah S. Brannen and may be of value to librarians and others who defend freedom of expression. Also check the article on Mr. LaRue's weblog for the many comments from his readers which also contain some great insights. Also see the follow-up entry which is a response to further challenges. It will be interesting to see how this incident unfolds.

Jamie LaRue has been the director of the Douglas County (Colorado) Libraries since 1990. His website, with writings and resume, can be found at www.jlarue.com.

Uncle Bobby's Wedding
Recently, a library patron challenged (urged a reconsideration of the ownership or placement of) a book called "Uncle Bobby's Wedding." Honestly, I hadn't even heard of it until that complaint. But I did read the book, and responded to the patron, who challenged the item through email and requested that I respond online (not via snail-mail) about her concerns.

I suspect the book will get a lot of challenges in 2008-2009. So I offer my response, purging the patron's name, for other librarians.

Uncle Bobby's wedding
June 27, 2008

Dear Ms. Patron:

Thank you for working with my assistant to allow me to fit your concerns about “Uncle Bobby's Wedding,” by Sarah S. Brannen, into our “reconsideration” process. I have been assured that you have received and viewed our relevant policies: the Library Bill of Rights, the Freedom to Read, Free Access to Libraries for Minors, the Freedom to View, and our Reconsideration Policy.

The intent of providing all that isn't just to occupy your time. It's to demonstrate that our lay Board of Trustees –- which has reviewed and adopted these policies on behalf of our library -- has spent time thinking about the context in which the library operates, and thoughtfully considered the occasional discomfort (with our culture or constituents) that might result. There's a lot to consider.

Here's what I understand to be your concern, based on your writings. First, you believe that “the book is specifically designed to normalize gay marriage and is targeted toward the 2-7 year old age group.” Your second key concern is that you “find it inappropriate that this type of literature is available to this age group.” You cite your discussion with your daughter, and commented, “This was not the type of conversation I thought I would be having with my seven year old in the nightly bedtime routine.”

Finally, you state your strong belief, first, “in America and the beliefs of our founding fathers,” and second, that “marriage is a covenant between a man and a woman as stated in the Webster's dictionary and also in the Bible.”

You directed me to the SarahBrannen.com site, which I also reviewed. I got a copy of “Uncle Bobby's Wedding” today, and read it. I even hauled out my favorite Webster's (the college edition, copyright 1960).

First, I think you're right that the purpose of the book is to show a central event, the wedding of two male characters, as no big thing. The emotional center of the story, of course, is Chloe's fear that she's losing a favorite uncle to another relationship. That fear, I think, is real enough to be an issue for a lot of young children. But yes, Sarah Brannen clearly was trying to portray gay marriage as normal, as not nearly so important as the changing relationship between a young person and her favorite uncle.

Your second issue is a little trickier. You say that the book is inappropriate, and I infer that your reason is the topic itself: gay marriage. I think a lot of adults imagine that what defines a children's book is the subject. But that's not the case. Children's books deal with anything and everything. There are children's books about death (even suicide), adult alcoholism, family violence, and more. Even the most common fairy tales have their grim side: the father and stepmother of Hansel and Gretel, facing hunger and poverty, take the children into the woods, and abandon them to die! Little Red Riding Hood (in the original version, anyhow) was eaten by the wolf along with granny. There's a fascinating book about this, by the bye, called “The Uses of Enchantment: the Meaning and Importance of Fairy Tales,” by psychologist Bruno Bettelheim. His thesis is that both the purpose and power of children's literature is to help young people begin to make sense of the world. There is a lot out there that is confusing, or faintly threatening, and even dangerous in the world. Stories help children name their fears, understand them, work out strategies for dealing with life. In Hansel and Gretel, children learn that cleverness and mutual support might help you to escape bad situations. In Little Red Riding Hood, they learn not to talk to big bad strangers. Of course, not all children's books deal with “difficult issues,” maybe not even most of them. But it's not unusual.

So what defines a children's book is the treatment, not the topic. “Uncle Bobby's Wedding” is 27-28 pages long (if you count the dedication page). Generally, there are about 30 words per page, and each page is illustrated. The main character, and the key perspective, is that of a young girl. The book is published by G. P. Putnam's Sons, “a division of Penguin Young Readers Group.” The Cataloging in Publication information (on the back side of the title page) shows that the catalogers of the Library of Congress identified it as an “E” book – easy or beginning reader. Bottom line: It's hard for me to see it as anything but a children's book.

You suggested that the book could be “placed in an area designating the subject matter,” or “labeled for parental guidance” by stating that “some material may be inappropriate for young children.” I have two responses. First, we tried the “parenting collection” approach a couple of times in my history here. And here's what we found: nobody uses them. They constitute a barrier to discovery and use. The books there – and some very fine ones -- just got lost. In the second case, I believe that every book in the children's area, particularly in the area where usually the parent is reading the book aloud, involves parental guidance. The labeling issue is tricky, too: is the topic just homosexuality? Where babies come from? Authority figures that can't be trusted? Stepmothers who abandon their children to die?

Ultimately, such labels make up a governmental determination of the moral value of the story. It seems to me – as a father who has done a lot of reading to his kids over the years – that that kind of decision is up to the parents, not the library. Because here's the truth of the matter: not every parent has the same value system.

You feel that a book about gay marriage is inappropriate for young children. But another book in our collection, “Daddy's Roommate,” was requested by a mother whose husband left her, and their young son, for another man. She was looking for a way to begin talking about this with son. Another book, “Alfie's Home,” was purchased at the request of another mother looking for a way to talk about the suspected homosexuality of her young son from a Christian perspective. There are gay parents in Douglas County, right now, who also pay taxes, and also look for materials to support their views. We don't have very many books on this topic, but we do have a handful.

In short, most of the books we have are designed not to interfere with parents' notions of how to raise their children, but to support them. But not every parent is looking for the same thing.

Your third point, about the founders' vision of America, is something that has been a matter of keen interest to me most of my adult life. In fact, I even wrote a book about it, where I went back and read the founders' early writings about the Constitution and the Bill of Rights. What a fascinating time to be alive! What astonishing minds! Here's what I learned: our whole system of government was based on the idea that the purpose of the state was to preserve individual liberties, not to dictate them. The founders uniformly despised many practices in England that compromised matters of individual conscience by restricting freedom of speech. Freedom of speech – the right to talk, write, publish, discuss – was so important to the founders that it was the first amendment to the Constitution – and without it, the Constitution never would have been ratified.

How then, can we claim that the founders would support the restriction of access to a book that really is just about an idea, to be accepted or rejected as you choose? What harm has this book done to anyone? Your seven year old told you, “Boys are not supposed to marry.” In other words, you have taught her your values, and those values have taken hold. That's what parents are supposed to do, and clearly, exposure to this book, or several, doesn't just overthrow that parental influence. It does, of course, provide evidence that not everybody agrees with each other; but that's true, isn't it?

The second part of your third point was your belief that marriage was between a man and a woman. My Webster's actually gives several definitions of marriage: “1. the state of being married; relation between husband and wife...; 2. the act of marrying, wedding; 3. the rite or form used in marrying; 4. any close or intimate union.” Definitions 2-4, even as far back as 1960, could be stretched to include a wedding between two men. Word definitions change; legal rights change. In some parts of America, at least today, gay marriage is legal. If it's legal, then how could writing a book about it be inappropriate?

Finally, then, I conclude that “Uncle Bobby's Wedding” is a children's book, appropriately categorized and shelved in our children's picture book area. I fully appreciate that you, and some of your friends, strongly disagree with its viewpoint. But if the library is doing its job, there are lots of books in our collection that people won't agree with; there are certainly many that I object to. Library collections don't imply endorsement; they imply access to the many different ideas of our culture, which is precisely our purpose in public life.

As noted in our policies, you do have the right to appeal my decision to the Board of Trustees. If you'd like to do that, let me know, and I can schedule a meeting. Meanwhile, I'm more than happy to discuss this further with you. I do appreciate many things: your obvious value of reading, your frank and loving relationship with your child, your willingness to raise issues of importance to you in the public square, and more. Thank you, very much, for taking the time to raise your concerns with me. Although I suspect you may not agree with my decision, I hope it's clear that I've given it a great deal of thought, and believe it is in accordance with both our guiding principles, and those, incidentally, of the founders of our nation.

Best wishes to you and your family,

“Do not get married.

Do not leave town without Library Board permission.

Do not keep company with men.

Be home between the hours of 8pm and 6am.

Do not smoke or imbibe.

Do not loiter around ice cream shops.

Do not dress in bright colors.

Do not dye you hair.

Do not wear any dress more than 2” above the ankle.

Do not get into any carriage with any man except your father or brother.”[1]

While this seems absurd to us now, it was the rules of the times.

Earlier this month I had the incredible good fortune to visit DOK in Delft, Holland. Normally I would call it the Delft Public Library, but it just goes by the name “DOK” and the sign on the door says it’s a “library concept center.” The staff did this on purpose to get away from the traditional stereotypes of the public library, because the institution they’ve created is about as far away as you can get from the connotation of a 1950s building, filled with quiet people, all of them sitting alone, in a relatively dreary building, being shushed by an old lady with a bun.

Instead, it is easily the most colorful and aesthetically-pleasing library I have ever seen. Granted, I’ve seen a very small percentage of the world’s libraries, but the use of a diverse palette of bright and unusual colors was a very stark contrast to every other library I have seen in person or in pictures.

Even more impressive (and truly striking) is the amount of radical trust the staff has placed in its patrons. Some of the stark contrast with American libraries is due in part to the litigious nature of our society. Everywhere I went in Delft and in DOK, I found examples of things we could never do in the U.S. out of fear of being sued out of existence. In some cases, it’s as simple as having some of the shelves for childrens books and display cases on wheels so that they can be moved around as needed to create program or play space. The kids can even stand on the bookshelves (as can adults). There’s a room that’s tucked away on the side that truly is built for children, with low benches for sitting and lighting underneath them for little ones who want to read or play on the floor. In another case, it’s the open listening station pods. When I was there, I could hear music drifting through the building from one of them. Some kids would put on an album and let it run while they were elsewhere on the floor talking or playing videogames. It wasn’t overwhelming, though, and there were other places where I couldn’t hear it at all and could sit in silence if I wanted to.

The small design touches everywhere are stunning, but that’s not surprising giving the Dutch aesthetic. DOK easily has the coolest, most comfortable chairs of any library. As I walked around, I kept sitting in them just because I could and wanted to. Some of them are even practical. Recently, I was in a public library in the U.S. where I had trouble finding a comfortable place to sit. My only choice as an adult was the standard box cushion chair with wood arms. Compared to DOK, furniture used in American libraries is at best corporate and at worst unwelcoming. They also use natural language names for sections of the collection (psychology, computers and internet, etc.), not Dewey numbers, and the graphics for the banners are colorful and eye-catching. They are clearly done by a professional, and they don’t all look the same. Also note the lack of steel shelves that make the library look like a warehouse. Instead, they used flexible shelving made from recyclable materials (also done for some gorgeous tables and desks).

You walk into DOK and you immediately feel welcome into a place you know you can spend hours at if you want to. DOK is what I’ve always wanted libraries to be in terms of the “experience” that happens around books, information, content, media, and people. You can’t help but smile when you’re inside, and you just feel happier in general. A couple of years ago, I heard a speaker at a Minnesota Library Association conference say that the classic mistake libraries make is that we focus too much on how we want people to feel about the library when they walk in. His theory was that we need to focus on how people feel about themselves when they walk in, and DOK illustrates that theory in practice. Each time I entered the building, the bright, natural light from the glass ceiling had an effect on me. If I feel better about myself there, I will feel better about the library and enjoy my experience more.

DOK’s Director, Eppo, told us that “libraries are (for the most part) all about not having fun.” At DOK, they deliberately turned this stereotype on its head. Instead, their theory is that “life is all about having more fun than you can think of, and it starts at the library.” So they have videogames, listening stations, comfortable chairs, a cafe, a circulating art collection, programs throughout the building (not just hidden away in a room in the basement), a piano, toys for kids to play with, a brightly-lit room devoted to graphic novels, an entire room (done in red) devoted to romance novels, and more.

When you walk in the building for the first time, if your cellphone is discoverable via bluetooth, you’ll receive a text message from DOK that says, “Welcome to the most modern library in the world,” a claim well-lived up to. There’s an RFID system for both library cards and books (with no privacy problems to date). There’s a system of LCD screens mounted around the building for navigation and information which runs off Nintendo Wiis. The display is a Flash application of a Wii channel and the top bar’s information and color changes based on your location in the library. Staff can log in to a website to change what shows on the display in order to update messages for the public (about programs, closings, etc.). The afore-mentioned listening station pods are truly amazing, and I now have to find a way to fund one for my home. Plans for later this year call for the installation of a multimedia creation area for podcasting/vidcasting/etc. and a “genius bar” type of setup for technology help for the public.

None of which precludes the provision of and help finding print materials and reference help. Staff are smartly situated throughout the building, and books are everywhere. Magazines and newspapers are easily accessible, housed in a brilliant design of cubes that makes the most current edition visible and recent issues available without staff intervention. While there are flyers and handouts on top of various shelving, the walls are not plastered with handmade signs of rules and navigation. Of course, there isn’t a single “no cell phones” sign to be found since they actually communicate with patrons via mobile devices.

I could go on all day about how DOK gets the big things and the details right, but you can see some of this for yourself in my Flickr set. It is everything the big, fancy American libraries want to be but just miss. If your library is planning a new building or a renovation, I highly recommend you talk to the people at DOK and if at all possible, visit this amazing library. You will be amazed at how much better than a bookstore a library can be at merchandising and aesthetics, let alone the social experience.

The Topeka Shawnee County Public Library, Topeka, Kansas has been holding a Banned Books Walking Tour to raise awareness about books that have been banned or challenged and to teach people about the role libraries play in the freedom to read. This 10 minute self-guided tour runs until June 17. Watch the video which highlights the Banned Books Walking Tour.

By the way, the Topeka Shawnee County Public Library is also doing Fahrenheit 451 for their Big Read.

Freedom to Read Poster 1996


Take the "Banned Book Challenge."


When the censors come:

Download a form to let Freedom to Read know about challenges in your library or school. While you are on the Freedom to Read site, check their list of banned or challenged books.

Diane R. Chen at Deep Thinking deals with a challenge in her school.

Cooperative Children's Book Center, University of Wisconsin confidentially assists Wisconsin librarians and teachers when they are facing potential or actual book challenges. However, they publish a list of Steps to Take when confronted by a challenge. Read the story of how University of Wisconsin is helping educators.

The ALA (American Library Association) has information on Fighting Censorship.

The really brave can find a lesson plan using banned or challenged materials in the classroom. Curriculum Services Canada offers a novel approach to teaching art. Art History Goes Graphic offers a unique approach to the study of art history through the use of graphic novels.

Book Moot has advice on avoiding book challenges. Excerpts of the post are below.

Too often in the past year I have read reports of districts ignoring their own reconsideration policies to quiet one hysterical voice. I have also seen heartening stories where district policies are followed to the letter.

Librarians CAN innoculate themselves to a small degree to book challenges.
1. Do your students look forward to their time in the library?
2. Do you interact with your students?
3. Do you get to know their interests and reading strengths?
4. Would they recognize you in the hall?
5. Do parents hear about your "very cool" library program?

Or are you an "in-the-office" librarian, toiling away on MARC records, focusing on the administrative aspects of the job with little personal contact with the kids?

RULE #1 of book challenges--It is NEVER just about the book. Book challenges always include one or more of the following ingredients:
1. anger with someone at the school
2. parental guilt about not being there for their child in some way or fashion
3. a bid for attention and/or a desire to be someone of consequence and power

Finally, remember, it is all about "the Right Book for the Right Reader at the Right Time."

I find it upsetting that so many professional librarians seem to have lost the basic understandings of selection, reconsideration, in loco parentis, and intellectual freedom.

The main objection I have to the conversations [about banning Lucky] has been that we are trying to defend a single book rather than defending a fair and open process for selecting and retaining any instructional material in our schools.

As I remember from li-berry school, this is how professionals deal with the selection of and potential censorship of instructional materials:

1. They assure that the district has a board adopted selection/reconsideration policy. Oh, and they've read it.
2. They select all materials based on the stated selection criteria in the policy.
3. They select only materials based on authoritative and reliable review sources.
4. If they are asked to remove an item selected from the instructional program, they do not defend the material, but insist that the board adopted reconsideration policy and procedures be followed. This policy should require that a standing reconsideration committee be appointed at the beginning of each school year. When requested by the committee, they will provide the rationale and resources used for selection of the item under reconsideration.
5. Once a resource is selected, they do not restrict its use by any student. Professionals cannot act in the place of parents (in loco parentis) to restrict access to materials to individuals.

Freedom to Read Poster 1995




Take the "Banned Book Challenge."










Dr. Toni Samek has created and teaches a course on Intellectual Freedom and Social Responsibilities at the Faculty of Education, University of Alberta and is also the convenor of the CLA Intellectual Freedom Advisory Committee. She has developed a web-based challenges form that received a very good response for 2006. From the responses, they have put together a list of some of the 2006 challenges to books and other materials found in school and public libraries in Canada in 2006, as well as the libraries' response. This was a first-time effort in gathering information from Canadian libraries through the Canadian Library Association listserv, and other places on the Internet that are frequented by librarians. She adds that this is not an all-encompassing list.

Bookslut has an article on titles from 2006 which have been challenged. Read the article by Chris Zammarelli for full details of what happened with these challenges.

The Well by Mildred Taylor
"...removed from an elementary school reading list for Black History Month in Absecon, NJ because of a racial epithet used in the book...."

I Know Why the Caged Bird Sings by Maya Angelou
The mother of a high school freshman in Annapolis, MD asked that it be banned because of its mature themes.

The Handmaid's Tale by Margaret Atwood
The superintendent of the Judson School District Board, San Antonio, TX ordered the book taken out of the advanced English curriculum when a parent complained it contained sexual and anti-Christian content.

Vamos a Cuba by Alta Schreier
Cuban exiles requested Miami-Dade School Board, FL ban this children's book because it portrayed an unrealistic portrait of life in Cuba. School board member Frank Balanos had the book pulled from classroom shelves, although the book stayed in the library.

Harry Potter series by J.K. Rowling
Laura Mallory spent much of 2006 trying to get Harry Potter banned from Gwinnett (GA) County Public Schools because of its theme of witchcraft.

Lord of the Flies by William Golding
Parents of students at Apalachee High School in GA had an edition of Lord of the Flies removed because it contained an essay by E.L. Epstein that commented on the rape-like nature of the pig-slaying scene.

Beloved by Toni Morrison and eight other titles
Board member Leslie Pinney in Arlington Heights, IL called for such titles as Toni Morrison's Beloved and Kurt Vonnegut's Slaughterhouse-Five to be banned because of their obscene content.

Sex Kittens and Horn Dawgs Fall in Love by Maryrose Wood and nine other titles
The Hernando County (FL) County School Board removed 10 titles from the library's book order, including Sex Kittens and Horn Dawgs Fall in Love by Maryrose Wood and The Bean Trees by Barbara Kingsolver. School board member Sandra Nicholson requested the titles removed because they contained offensive language.

The Learning Tree by Gordon Parks
Fleet Belle of the Mobile County (AL) school board requested The Learning Tree be removed from LeFlore High School summer reading list because of its offensive language and sexual content.

The Joy of Gay Sex by Charles Silverstein and Felice Picano
The Nampa (ID) Public Library Board voted to retain The Joy of Gay Sex, but ordered the book and 60 other books about sex be placed on the top shelves on the library.

And Tango Makes Three by Peter Parnell and Justin Richardson
Some people in Shiloh, IL and Charlotte, NC objected to this children's book about two male penguins raising a baby penguin because, well, it's about two male penguins raising a baby penguin. It's based on the true story of two male penguins at the Central Park Zoo.

What's Eating Gilbert Grape? by Peter Hedges
The superintendent of Carroll (IA) Schools pulled Peter Hedges's What's Eating Gilbert Grape? from a class about books made into movies because a parent complained about an oral sex scene in the book.

Take the Banned Book Challenge. Watch for details to be posted here next week.
Freedom to Read Poster 1985