ITEM NUMBER: 4.02 a-d
CHAPTER 4: Library
Statements
CODE: Policy
COMPUTER ID: LS-2
Title: Administrative Policies and Procedures Affecting Access to
Library Resources and Services, An Interpretation of the
Library Bill of Rights.
Effective Date: 11-24-86
Authorized By: Library Board of Trustees
Date of Last Review: 7-2013
Guidelines for the Development and Implementation of Policies, Regulations and
Procedures Affecting Access to Library Materials, Services and Facilities
The American Library Association has adopted the Library Bill of Rights
and Interpretations
of the Library Bill of Rights
to provide library governing authorities, librarians and other
library staff and library users with guidelines on how constitutional principles apply to
libraries in the United States of America.
Publicly supported libraries exist within the context of a body of law derived from the United
States Constitution and appropriate state constitutions, defined by statute, and
implemented by regulations, policies and procedures established by their governing bodies
and administrations. These regulations, policies and procedures establish the mission of
the library, define its functions, services and operations and ascertain the rights and
responsibilities of the individuals served by the library.
Publicly supported library service is based upon the First Amendment
right of free
expression. The publicly supported library is a governmental entity that provides
free, equal, and equitable access to information for all people of the community it
serves. When this purpose is confirmed in policies and practices, the library is
a designated limited public forum
for access to information. When library policies or
practices make meeting rooms, exhibit spaces, and/or bulletin boards available for public
use, these spaces are designated as limited public forums for the exchange of information.
Since the Library Bill of Rights "affirms that all libraries are forums for information and
ideas," libraries that are not publicly supported are encouraged to observe these guidelines
as they develop policies, regulations and procedures.
Libraries adopt administrative policies and procedures regulating the organization and use
of library materials, services and facilities. These policies and procedures affect access and
may have the effect of restricting, denying or creating barriers to access to the library as a
public forum, including the library's resources, facilities and services. Library policies and
procedures that impinge upon First Amendment rights are subject
ITEM NUMBER: 4.02 b
to a higher standard of review than may be required in the policies of other public services
and facilities.
Policies, procedures or regulations that may result in denying, restricting or creating
physical or economic barriers to access to the library's public forum must be based on a
compelling government interest. However, library governing authorities may place
reasonable and narrowly drawn restrictions on the time, place or manner of access to
library resources, services or facilities, provided that such restrictions are not based upon
arbitrary distinctions between individuals or classes of individuals.
GUIDELINES
The American Library Association's Intellectual Freedom Committee recommends that
publicly supported libraries use the following guidelines, based on constitutional principles,
to develop policies, regulations, and procedures.
All library policies, regulations, and procedures should be carefully examined to determine if
they may result in denying, restricting or creating barriers to access. If they may result in
such restrictions, they:
1. should be developed and implemented within the legal framework that applies to the
library. This includes: the United States Constitution
, including the First and
Fourteenth Amendments, due process and equal and equitable treatment under the
law; the applicable state constitution; federal and state civil rights legislation; all
other applicable federal, state and local legislation; and applicable case law;
2. should cite statutes or ordinances upon which the authority to make that policy is
based, when appropriate;
3. should be developed and implemented within the framework of the Library Bill of
Rights and its Interpretations;
4. should be based upon the library's mission and objectives;
5. should only impose restrictions on the access to, or use of library resources,
services or facilities when those restrictions are necessary to achieve the library's
mission and objectives;
6. should narrowly tailor prohibitions or restrictions, in the rare instances when they are
required, so they are not more restrictive than needed to serve their objectives;
7. should attempt to balance competing interests and avoid favoring the majority at the
expense of individual rights, or allowing individual users' rights to interfere
LIBRARY ITEM: 4.02 c
materially with the majority's rights to free, equal, and equitable access to library
resources, services and facilities;
8. should avoid arbitrary distinctions between individuals or classes of users, and
should not have the effect of denying or abridging a person's right to use library
resources, services or facilities based upon arbitrary distinctions such as origin, age,
background or views;
In the Library Bill of Rights and all of its Interpretations, it is intended that: "origin"
encompasses all the characteristics of individuals that are inherent in the
circumstances of their birth; "age" encompasses all the characteristics of individuals
that are inherent in their levels of development and maturity; "background"
encompasses all the characteristics of individuals that are a result of their life
experiences; and "views" encompasses all the opinions and beliefs held and
expressed by individuals;
9. should not target specific users or groups of users based upon an assumption or
expectation that such users might engage in behavior that will materially interfere
with the achievement of substantial library objectives;
10. must be clearly stated so that a reasonably intelligent person will have fair warning
of what is expected;
11. must provide a means of appeal;
12. must be reviewed regularly by the library's governing authority and by its legal
counsel.
13. must be communicated clearly and made available in an effective manner to all
library users;
14. must be enforced evenhandedly, and not in a manner intended to benefit or disfavor
any person or group in an arbitrary or capricious manner;
Libraries should develop an ongoing staff training program designed to foster the
understanding of the legal framework and principles underlying library policies and
to assist staff in gaining the skill and ability to respond to potentially difficult
circumstances in a timely, direct and open manner. This program should include
training to develop empathy and understanding of the social and economic problems
of some library users;
LIBRARY ITEM:
15. should, if reasonably possible, provide adequate alternative means of access to
information for those whose behavior results in the denial or restriction of access to
any library resource, service or facility.
Adopted by the ALA Intellectual Freedom Committee June 28, 1994; revised January
19, 2005
[ISBN 8389-7761-8]
CHAPTER 4: Library
Statements
CODE: Policy
COMPUTER ID: LS-2
Title: Administrative Policies and Procedures Affecting Access to
Library Resources and Services, An Interpretation of the
Library Bill of Rights.
Effective Date: 11-24-86
Authorized By: Library Board of Trustees
Date of Last Review: 7-2013
Guidelines for the Development and Implementation of Policies, Regulations and
Procedures Affecting Access to Library Materials, Services and Facilities
The American Library Association has adopted the Library Bill of Rights
and Interpretations
of the Library Bill of Rights
to provide library governing authorities, librarians and other
library staff and library users with guidelines on how constitutional principles apply to
libraries in the United States of America.
Publicly supported libraries exist within the context of a body of law derived from the United
States Constitution and appropriate state constitutions, defined by statute, and
implemented by regulations, policies and procedures established by their governing bodies
and administrations. These regulations, policies and procedures establish the mission of
the library, define its functions, services and operations and ascertain the rights and
responsibilities of the individuals served by the library.
Publicly supported library service is based upon the First Amendment
right of free
expression. The publicly supported library is a governmental entity that provides
free, equal, and equitable access to information for all people of the community it
serves. When this purpose is confirmed in policies and practices, the library is
a designated limited public forum
for access to information. When library policies or
practices make meeting rooms, exhibit spaces, and/or bulletin boards available for public
use, these spaces are designated as limited public forums for the exchange of information.
Since the Library Bill of Rights "affirms that all libraries are forums for information and
ideas," libraries that are not publicly supported are encouraged to observe these guidelines
as they develop policies, regulations and procedures.
Libraries adopt administrative policies and procedures regulating the organization and use
of library materials, services and facilities. These policies and procedures affect access and
may have the effect of restricting, denying or creating barriers to access to the library as a
public forum, including the library's resources, facilities and services. Library policies and
procedures that impinge upon First Amendment rights are subject
ITEM NUMBER: 4.02 b
to a higher standard of review than may be required in the policies of other public services
and facilities.
Policies, procedures or regulations that may result in denying, restricting or creating
physical or economic barriers to access to the library's public forum must be based on a
compelling government interest. However, library governing authorities may place
reasonable and narrowly drawn restrictions on the time, place or manner of access to
library resources, services or facilities, provided that such restrictions are not based upon
arbitrary distinctions between individuals or classes of individuals.
GUIDELINES
The American Library Association's Intellectual Freedom Committee recommends that
publicly supported libraries use the following guidelines, based on constitutional principles,
to develop policies, regulations, and procedures.
All library policies, regulations, and procedures should be carefully examined to determine if
they may result in denying, restricting or creating barriers to access. If they may result in
such restrictions, they:
1. should be developed and implemented within the legal framework that applies to the
library. This includes: the United States Constitution
, including the First and
Fourteenth Amendments, due process and equal and equitable treatment under the
law; the applicable state constitution; federal and state civil rights legislation; all
other applicable federal, state and local legislation; and applicable case law;
2. should cite statutes or ordinances upon which the authority to make that policy is
based, when appropriate;
3. should be developed and implemented within the framework of the Library Bill of
Rights and its Interpretations;
4. should be based upon the library's mission and objectives;
5. should only impose restrictions on the access to, or use of library resources,
services or facilities when those restrictions are necessary to achieve the library's
mission and objectives;
6. should narrowly tailor prohibitions or restrictions, in the rare instances when they are
required, so they are not more restrictive than needed to serve their objectives;
7. should attempt to balance competing interests and avoid favoring the majority at the
expense of individual rights, or allowing individual users' rights to interfere
LIBRARY ITEM: 4.02 c
materially with the majority's rights to free, equal, and equitable access to library
resources, services and facilities;
8. should avoid arbitrary distinctions between individuals or classes of users, and
should not have the effect of denying or abridging a person's right to use library
resources, services or facilities based upon arbitrary distinctions such as origin, age,
background or views;
In the Library Bill of Rights and all of its Interpretations, it is intended that: "origin"
encompasses all the characteristics of individuals that are inherent in the
circumstances of their birth; "age" encompasses all the characteristics of individuals
that are inherent in their levels of development and maturity; "background"
encompasses all the characteristics of individuals that are a result of their life
experiences; and "views" encompasses all the opinions and beliefs held and
expressed by individuals;
9. should not target specific users or groups of users based upon an assumption or
expectation that such users might engage in behavior that will materially interfere
with the achievement of substantial library objectives;
10. must be clearly stated so that a reasonably intelligent person will have fair warning
of what is expected;
11. must provide a means of appeal;
12. must be reviewed regularly by the library's governing authority and by its legal
counsel.
13. must be communicated clearly and made available in an effective manner to all
library users;
14. must be enforced evenhandedly, and not in a manner intended to benefit or disfavor
any person or group in an arbitrary or capricious manner;
Libraries should develop an ongoing staff training program designed to foster the
understanding of the legal framework and principles underlying library policies and
to assist staff in gaining the skill and ability to respond to potentially difficult
circumstances in a timely, direct and open manner. This program should include
training to develop empathy and understanding of the social and economic problems
of some library users;
LIBRARY ITEM:
15. should, if reasonably possible, provide adequate alternative means of access to
information for those whose behavior results in the denial or restriction of access to
any library resource, service or facility.
Adopted by the ALA Intellectual Freedom Committee June 28, 1994; revised January
19, 2005
[ISBN 8389-7761-8]