Presentation Transcript

1. QUESTIONABLE CONTENT -- REMOVE IT? KEEP IT?

   VLA/VALL Annual Conference Friday, October 28, 2011 - 2:15 – 3:00 p.m. Timothy L. Coggins (Associate Dean for Library & Information Services) Suzanne B. Corriell (Head of Reference and Research Services) University of Richmond School of Law Library
2. CHALLENGE HEARINGS Reminders Limited guidance from the courts Several principles based on available case law (education setting) Adopt and adhere to procedures when addressing book challenges Design procedures to ensure “reasoned decision … supported by legitimate educational or other appropriate concerns” (not ideologically-driven) Keep procedures consistent and similar with those for other decisions Allow persons who disagree the opportunity to talk Remember “Field of Dreams” Readings James A. Rapp, Education Law (volume 4, section 11.03) (2011) Gene D. Lanier, Conducting a Challenge Hearing, American Library Association, http://www.ala.org/ala/issuesadvocacy/banned/challengeslibrarymaterials/copingwithchallenges/conductingchallenge/index.cfm (last visited October 14, 2011).
3. ALA – Major Elements Selection Policy Written complaint Reconsideration committee and its process Notification of result of committee decision Hearing Date set well in advance Review process and procedures Purpose of the hearing Supporters and opponents opportunity to speak
4. LEGAL STANDARD (still) Board of Education, Island Trees Union Free School District No. 26 v. Pico, 457 U.S. 853 (1982) Brief facts Books involved Slaughter House Five Naked Ape Down These Mean Streets Best Stories by Negro Writers Go Ask Alice Laughing Boy Black Boy A Hero Ain’t Nothing But a Sandwich Soul on Ice Reader for Writers The Fixer
5. Why Pico to the Supreme Court Circuit Split Basic assumption: When First Amendment values are implicated, local officials removing a book from a school library must demonstrate some substantial and legitimate government interest Book removal from school library/curriculum violates the first amendment rights of students Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. 1976) Right to Read Defense Comm. v. School Comm., 454 F. Supp. 703 (D. Mass. 1978) Salvail v. Nashua Bd. of Educ., 469 F. Supp. 1269 (D. N.H. 1979) Book removal does not alone constitute a violation of first amendment rights President’s Council, Dist. 25 v. Community School Bd. No. 25, 457 F.2d 289 (2d Cir. 1972) Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980) Bicknell v. Vergennes Union High School Bd. of Directors, 638 F.2d 438 (2d Cir. 1980)
6. REASONS AGAINST BOOK REMOVAL Alternative availability does not justify removal Stigmatization or relocation of books may equal removal Offended patrons are not entitled to “heckler’s veto” Children’s access only limited if harmful or obscene Must be clear standards Establishment Clause does not require removal of religious books Greater scrutiny when Non-curricular books Public library Viewpoint discrimination Content-based restriction
7. REASONS FOR BOOK REMOVAL Factual inaccuracies Pervasive vulgarity
8. AN EXAMPLE – REMOVE THE MATERIAL OR NOT? Facts: University of Richmond law student Raised an “ … area of academic concern … as it relates to the books that we have in our Law Library on Islamic scholarship” Requested removal of several sources from the library collection, including several encyclopedias and some monographs Monographs Why? “Surprisingly incorrect and inadequate information on substantive Islamic areas”; “add fuel to the fire” at a time when there is much concern about Islam’s role in America One illustration – the punishment for apostasy
9. Encyclopedia of Islam Recommended by law faculty member New edition – 1954 – 2004 E.J. Brill Publisher (Leiden & Boston) 816 libraries worldwide EI 3 (third edition) – 2007-2011 Brill Publisher 242 libraries worldwide
10. Encyclopedia of Islam Definition – new edition Apostasy: may be committed verbally by denying a principle of belief or by an action; lists many possible types of punishments, including “there is unanimity that the male apostate must be put to death, but only if he is grown up and compso mentis and has not acted under compulsion …” Definition – EI3 (third edition) Apostasy: abandonment of Islam either by a declared desertion of Islam in favour of Islam, often combined with the secret practice of another religion. From the first/seventh century to the present day, Muslim jurists have agreed that the punishment for apostasy from Islam is death, but they have developed legal institutions to circumvent this harsh punishment.
11. The Oxford Encyclopedia of the Islamic World Recommended by law faculty member Oxford University Press 534 libraries worldwide Definition Apostasy: rejecting one’s religion … apostate is one who refuses to accept the grace of God, turning away from God. … There are many reports that suggest that the Prophet recommended death for apostates. … Although there is no verse in the Qur’an explicitly prescribing execution for apostasy, verse 2:217 seemed … to clearly advocate the strictest sanction. … In modern times the relevance of these severe sanctions has been questioned by some in the Islamic world, especially by those seen as modernists …
12. QUESTION – REMOVE OR KEEP Remove or Keep? For removal – what are the reasons? Keep – what are the reasons?
13. THANK YOU Handout (sources & list of seminal and other cases) Contacts: Timothy L. Coggins Associate Dean for Library & Information Services and Professor 804-289-8218; tcoggins@richmond.edu Suzanne B. Corriell Head of Reference and Research Services 804-289-8217; scorriel@richmond.edu