Chapter 2: | Framing the question: A review of the relevant literature |
American Civil Liberties Union specifically did not include public schools. Because school libraries do not receive federal funds directly, but rather through their individual schools, and because these schools are not themselves members of the American Library Association, neither the ALA nor school libraries had legal standing to bring suit on this issue. Since CIPA was ruled constitutional in June, 2003 by the U.S. Supreme Court as it applied to public libraries, the chance of a successful legal challenge on the part of schools is remote. Therefore, school media centers also remain subject to the filtering provisions of CIPA if they accept e-rate or certain categories of LSTA funds.
Intellectual Freedom in Libraries
Intellectual freedom comes into play when the free speech principles of the First Amendment are applied in the practical setting of libraries. Intellectual freedom, the belief that human beings have the right to receive information and express themselves freely, is a core value of librarianship. Professional librarians, embodied by the American Library Association, are fierce defenders of intellectual freedom. The foundation piece for any serious study of intellectual freedom issues in libraries is ALA’s Intellectual Freedom Manual (Office for Intellectual Freedom, 2002). The Manual is a systematic compilation of history, policies, interpretations, and current issues updates on the topic of intellectual freedom. The core of the work is the “Library Bill of Rights” and its official interpretations, which are the major policy statements for the entire profession. One such interpretation of the Library Bill of Rights, the “Universal Right to Free Expression,” reveals the strength of librarians’ commitment to intellectual freedom: