ALA Council Adopts Three Revised Interpretations to Library Bill Of
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ISSN 0028-9485 March 2005 Vol. LIV No. 2 www.ala.org/nif The following is the text of the Intellectual Freedom Committee’s report to the ALA Council delivered January 19 at the ALA Midwinter Meeting in Boston by IFC Chair Kenton Oliver. The ALA Intellectual Freedom Committee (IFC) is pleased to present this update of its activities. Under Information, this report covers Libraries: An American Value; the ALA Council ALA Strategic Plan: Ahead to 2010 draft goals and objectives; privacy; and media con- centration. Under Projects are updates on Lawyers for Libraries and Banned Books Week. adopts three The committee’s action items (under Action) include “Resolution on Radio Frequency Identification (RFID) Technology and Privacy Principles,” and three revised policies, all revised Interpretations of the Library Bill of Rights. interpretations Information to Library Bill Libraries: An American Value During the 2004 Annual Conference in Orlando, the ALA Council took the following of Rights action: REFERRED, ALA CD#32.1, Resolution to Amend Libraries: An American Value Statement, to the Intellectual Freedom Committee. The proposed additions to ALA Policy 53.8 are in caps: “We value our nation’s diversity and strive to reflect that diversity BY RECRUITING LIBRARY WORKERS OF DIVERSE BACKGROUNDS, AND by pro- viding a full spectrum of resources and services to the communities we serve;” to assure the imperative inclusion of library workforce diversity in any and all statements or reports related to the Association’s Core Values. (ALA CD#32.1, Council Committee on Diversity Report, Item #1) As directed by Council, the IFC reviewed Libraries: An American Value and reaf- firmed that the policy is a contract between the public and the profession. The committee (continued on page 75) Published by the ALA Intellectual Freedom Committee, Kenton L. Oliver, Chair Bless Me, Ultima ....................................................... 51, 55 in this issue Brave New World .............................................................51 Bringing Down the House ........................................ 58, 59 IFC report to ALA Council ..............................................45 The Catcher in the Rye ....................................................73 Children, Violence, and Murder ......................................51 FTRF report to ALA Council ..........................................47 Eloise in Paris ..................................................................51 The Giver .................................................................. 57, 58 Gordon Conable ...............................................................49 How to Make Love Like a Porn Star ...............................56 I Know Why the Caged Bird Sings ........................... 51, 52 I Saw Esau .......................................................................51 Krug to receive doctorate ................................................50 The Kids’ Book About Death and Dying .........................51 Of Mice and Men .............................................................51 Downs Award winner .......................................................50 On the Bright Side, I’m Now the Girlfriend of a Sex God .............................................................74 banned books in Texas .....................................................51 The Ox-Bow Incident .......................................................51 Peter Pan .........................................................................51 First Amendment in high schools ....................................52 Saving Shiloh ...................................................................51 Yiddish With Dick and Jane .............................................87 ALA begins USA PATRIOT Act study ............................52 periodicals evolution in classroom retreat ..........................................53 Liberty [Berkmar H.S.] ....................................................61 Oracle [Troy H.S.] ...........................................................60 censorship dateline: libraries, schools, student press, college, books, film broadcasting, foreign ................................................55 Buddy ...............................................................................56 Falling Angels ..................................................................56 from the bench: U.S. Supreme Court, Happiness .................................................................. 55, 56 Internet, obscenity ....................................................63 Witnesses ..........................................................................56 is it legal?: libraries, schools, church and state, universities, war on terror, publishing, broadcasting, Internet, recordings, Views of contrubutors to the Newsletter on Intellectual Freedom are not necessarily those of the editors, the Intellectual Freedom video games, access to information, privacy............65 Committee, or the American Library Association. success stories: libraries, schools ....................................73 (ISSN 0028-9485) Newsletter on Intellectual Freedom is published bimonthly (Jan., Censored 2005 .................................................................95 Mar., May, July, Sept., Nov.) by the American Library Association, 50 E. Huron St., Chicago, IL 60611. The newsletter is also avail- able online at www.ala.org/nif. Subscriptions: $70 per year (print), which includes annual index; $50 per year (electronic); and $85 targets of the censor per year (both print and electronic). For multiple subscriptions to books the same address, and for back issues, please contact the Office for Intellectual Freedom at 800-545-2433, ext. 4223 or oif@ala. 1984..................................................................................51 org. Editorial mail should be addressed to the Office of Intellectual Al Qaeda Reader ....................................................... 62, 81 Freedom, 50 E. Huron St., Chicago, Illinois 60611. Periodical America (The Book) .........................................................73 postage paid at Chicago, IL at additional mailing offices. Bin Laden: The Man Who Declared War on America ....50 POSTMASTER: send address changes to Newsletter on Intellectual Freedom, 50 E. Huron St., Chicago, IL 60611. 46 Newsletter on Intellectual Freedom FTRF report to ALA Council Information Act request concerning the Bureau’s use of The following is the text of the Freedom to Read Section 215 of the USA PATRIOT Act in ACLU v. Foundation’s report to the ALA Council delivered January Department of Justice. The District Court in Washington, 16 at the ALA Midwinter Meeting in Boston by FTRF D.C., ruled in favor of the plaintiffs, and in June 2004, the President John Berry. FBI began to release relevant records and documents. It is with great sadness that I present this report in the These include a memorandum demonstrating that the FBI place of our friend and colleague Gordon Conable, who invoked its Section 215 authority just a few weeks after was President of the Freedom to Read Foundation and a Attorney General Ashcroft stated publicly that those pow- member of the ALA Council. Gordon died unexpectedly ers had never been used; internal FBI memoranda advising this past Wednesday, January 12, as he was preparing to FBI agents that the USA PATRIOT Act could be used to attend this meeting. Gordon was an unsurpassed champion obtain information about persons not connected in any way of intellectual freedom, a wise and generous mentor to to terrorism, espionage, or criminal activity; and the proce- many, and a consummate librarian who was a true leader of dural rules governing the secret Foreign Intelligence our profession. He gave many years of dedicated service to Surveillance Court. the Freedom to Read Foundation, serving as Treasurer, We hope for similar success in Muslim Community Vice-President, and seven years as President. Association of Ann Arbor v. Ashcroft, the facial legal chal- Above all things, Gordon cherished and adored his wife, lenge to Section 215 of the USA PATRIOT Act, which Irene, and his son, Teddy. He absolutely beamed whenever amends the business records provision of the Foreign he spoke of them. Our thoughts and prayers are with them. Intelligence Surveillance Act to permit FBI agents to obtain The Foundation has established a fund in Gordon’s all types of business records, including library records, name, which will be used to advance the causes to which without a showing of probable cause. The District Court Gordon was most devoted and for which he worked most heard oral arguments on the government’s motion to dis- passionately. Irene has asked that any gifts in Gordon’s miss the plaintiffs’ complaint in December 2003. We are name be directed to this fund. still awaiting a decision in the case. Building on Gordon’s contributions and those of so FTRF joined with other civil liberties groups in oppos- many others, the work of the Foundation continues. I am ing portions of the Intelligence Reform Act of 2004, which pleased to report on the Foundation’s activities since the would have expanded law enforcement’s ability to demand 2004 Annual Conference: records without government review. While some of the provisions FTRF opposed were eliminated from the legisla- tion, troubling provisions for national standards for driver’s The USA PATRIOT Act and library privacy and confi- licenses were retained and adopted as law. dentiality This year, we anticipate