Guidelines for the Development and Implementation of Policies,
Regulations and Procedures Affecting Access
to Library Materials, Services and Facilities
INTRODUCTION
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
clientele served by the library.
Publicly supported library service is based upon the First Amendment
right of free expression. The publicly supported library provides free
and equal access to information for all people of the community it
serves. Thus, publicly supported libraries are governmental agencies
designated as limited public forums for access to information. Libraries
that make meeting rooms, exhibit spaces and/or bulletin boards available
for public use are also designated as limited public forums for the
exchange of information.
Many 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 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.
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.
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.
GUIDELINES
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:
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 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;
should cite statutes or ordinances upon which the authority to
make that policy is based, when appropriate;
should be developed and implemented within the framework of the Library
Bill of Rights and its Interpretations;
should be based upon the library's mission and objectives;
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;
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;
should attempt to balance competing interests and avoid favoring
the majority at the expense of individual rights, or allowing
individual users' rights to interfere materially with the majority's
rights to free and equal access to library resources, services and
facilities;
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;
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;
must be clearly stated so that a reasonably intelligent person
will have fair warning of what is expected;
must provide a means of appeal;
must be reviewed regularly by the library's governing authority
and by its legal counsel.
must be communicated clearly and made available in an effective
manner to all library users;
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;
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
[ISBN 8389-7761-8]
GLOSSARY
Below are definitions of some of the terms used in the Guidelines to
assist in understanding the applicable standards:
arbitrary distinctions:
inappropriate categorizations of persons, classes of persons, conduct,
or things based upon criteria irrelevant to the purpose for which the
distinctions are made. For example, a rule intended to regulate the
length of time an item may be borrowed should not be based on an
irrelevant consideration (arbitrary distinction) such as a personal
characteristic of the borrower (height or age.)
compelling government interest:
a term often used by courts when assessing the burden of government
regulation or action upon a fundamental right such as freedom of
speech. For such a rule to withstand constitutional challenge, the
government must show more than a merely important reason -- the reason
for the rule must be compelling -- so important that it outweighs even
the most valued and basic freedom it negatively impacts.
limited public forum:
a public place designated by the government, or established through
tradition, as a place dedicated to a particular type of expression. As
in a public forum, only reasonable time, place and manner restrictions
on speech within the scope of the designated purpose of the forum, may
be imposed. The government may exclude entire categories of speech
which do not fall within the designated purpose of the forum, but may
not discriminate against particular viewpoints on subjects appropriate
to the forum.
materially interfere:
a term used by courts to describe the necessary level of intrusion,
inconvenience or disruption of an accepted or protected activity
caused by certain conduct in order to justify regulation of that
conduct. A material interference is much more than mere annoyance --
it must be an actual obstacle to the exercise of a right.
substantial objectives:
goals related to the fundamental mission of a government institution,
and not merely incidental the performance of that mission. Providing
free and unrestricted access to a broad selection of materials
representing various points of view is a substantial objective of a
public library. Having spotless white carpeting is not.
