Public Library Collection Development Policies and Intellectual Freedom
The Library Bill of Rights states that:
I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
How can a library possibly identify and provide materials and information on all topics and all points of views?
Let’s look at the issues involved.
Understanding and applying the LBOR
1. To determine how to apply the LBOR to a particular library it is important to consider the entire document. It is particularly important to consider both I and II together.
2. The LBOR is written to be broad enough to apply to all types and sizes of libraries. Article I brings attention to this fact with its reference to “meeting the needs of the community.”
3. The LBOR expresses what we strive for in order to provide the highest level of protection for intellectual freedom in our libraries. One of the most important roles of ALA’s Intellectual Freedom Committee is to interpret the LBOR to assist libraries and librarians in the application of its principles in individual libraries.
The Interpretation of the Library Bill of Rights “Diversity in Collection Development” (as amended July 2, 2008) provides a framework for answering her question. This interpretation explains that:
Library collections must represent the diversity of people and ideas in our society. There are many complex facets to any issue, and many contexts in which issues may be expressed, discussed, or interpreted. Librarians have an obligation to select and support access to materials and resources on all subjects that meet, as closely as possible, the needs, interests, and abilities of all persons in the community the library serves.
Librarians have a professional responsibility to be inclusive, not exclusive, in collection development and in the provision of interlibrary loan. Access to all materials and resources legally obtainable should be assured to the user, and policies should not unjustly exclude materials and resources even if they are offensive to the librarian or the user. This includes materials and resources that reflect a diversity of political, economic, religious, social, minority, and sexual issues. A balanced collection reflects a diversity of materials and resources, not an equality of numbers.
Thus, the first priority for collection development staff is to select for the collection materials that most closely meet the needs of the community it serves. As a governmental agency a publicly funded library may not exclude library materials or information solely because the content or viewpoint expressed may offend members of the community served or the library staff.
The Intellectual Freedom Committee’s “Guidelines for the Development and Implementation of Policies, Regulations and Procedures Affecting Access to Library Materials, Services and Facilities” (2005) provides further guidance:
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 and
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.
It is true that a public library may not exclude library materials or information solely because the content or viewpoint expressed may offend members of the community the library serves. Library staff may, however, make decisions that are reasonable and based on a compelling government interest that is necessary to accomplish the mission and objectives of the library.
Public forum doctrine categorizes such limitations as based on “time, place or manner”.
Collection Development and Time, Place or Manner Limitations
Insufficient money available to purchase materials may force the library to limit the collection. An example of how this might apply is- You have allocated the budget by format. You decide, based on public input, that recorded books are essential for the library’s mission. Individuals expressing an interest in recorded books include joggers;
commuters and truck drivers as well as individuals with vision problems who do not qualify for books for the blind. At the same time library users have expressed much less interest in being able to borrow recorded music. You do not have enough money to purchase and maintain both recorded books and music collections so the decision is made not to purchase music. Excluding all recorded music from the collection for this reason might be regarded as a constitutionally acceptable limitation. However, if the library decided that classical music should be part of the collection, but not rock music, because there is widespread opinion in the community that rock music is decadent – that would be a restriction based on viewpoint and would be constitutionally questionable.
Many public libraries also face difficult decisions because their buildings were built when the population served was significantly smaller and economic conditions make it difficult, if not impossible, to finance the expansion or replacement of buildings. In this situation library staff face the necessity of limitations on the purchase and retention of library materials.
What steps can public libraries take to adjust to budgetary and space limitations within the framework of the Library Bill of Rights?
Depth and Breadth of the Collection
Collection development policies and guidelines that limit the depth and breadth of the collection based on the library’s mission and the community served can be legitimate time, place and manner restrictions as long as the limitations are not arbitrary or based on the origin, age, background or views of the creator or the user of the materials.
For example, a library in the northwest would be expected to have a strong collection of books on alpine climbing. They may even collect some general research materials on altitude sickness because local climbers frequently go around the world to climb and there is a local climbing organization that supports high altitude research. On the other hand, this same library may have only a few general titles on bull fighting, because it is of little interest to people in the community. However, if the library excluded all titles on bull fighting because of disapproval of the treatment of bulls, that would be a problem.
The collection development policy of a public library that serves the general public and does not define itself as a research institution might reasonably state that it does not collect research materials. However, if, as in the example above, research materials on a specific topic are of special interest to many in the community, it would appear to be arbitrary to impose a strict – “no matter how popular – we don’t buy research materials” – policy.
Evaluation of the Collection
Regular review and evaluation of the collection is important for maintaining a collection that meets the current needs of the community. Regular review also contributes to space management since it results in the discarding or replacement of materials that are in poor condition or obsolete in a timely fashion. Of course, as “Evaluating Library Collections,” an Interpretation of the Library Bill of Rights states: “This procedure should not be used as a convenient means to remove materials that might be viewed as controversial or objectionable.”
Alternative Means of Access to Materials
The library can use alternative means to provide access to materials and information not included in its collection as long as this does not become a way of avoiding the purchase of controversial materials.
“Diversity in Collection Development” states that “Access to all materials and resources legally obtainable should be assured to the user …” but it does not preclude the provision of access from places other than the library’s physical collection. Staff who receive requests from library users for materials not in the collection can use reference and readers’ advisory interview techniques to determine if other titles or information sources in the collection will meet the need. Interlibrary loan can be used to provide requested titles for individual library users Cooperative agreements and shared catalogs with other libraries in the region and state can be used to supplement the collection and to provide access to as broad a range of subjects and viewpoints as possible.
Each means for providing access to materials and information not in the library’s physical collection should be scrutinized to ensure that it does not place an unreasonable burden on the library user.
Policy Development
The library’s selection or collection development policy provides guidelines for the selection and maintenance of the library’s collection. The policy defines the process and guidelines for selection and weeding of the collection based on the mission and goals of the library. If an item is challenged it is critical that it was originally selected and reviewed in response to the challenge in accordance with policy.
The collection policy also provides an excellent opportunity to refer to the First Amendment to the U.S Constitution, your state constitution’s Bill of Rights and to adopt the Library Bill of Rights and the Freedom to Read as local policy.
The governing body with the legal responsibility for providing and maintaining public library services for the community served by a public library is defined by state law. A public library’s policies should be adopted by its governing body in an open meeting with an opportunity for public comment.
Elements of a Collection Policy
There are many excellent examples of public library collection policies. Below is a discussion of the elements commonly included in such policies. The examples of policy wording are based in part on both the past and current collection policies of the Fort Vancouver Regional Library headquartered in Vancouver, Washington.
Preamble
An introductory statement that places the role of the library in society within the context of the First Amendment establishes the constitutional basis of the policy.
Example:
The Board of Trustees of the __ Library recognizes that the United States of America is a representative democracy in which the right to free expression is guaranteed by the First Amendment to the Constitution. People may speak, hear, view and read what they choose, no matter how popular or unpopular it may be, because democracy functions only when the full range of ideas is available to all the people.
The ___ Library is dedicated to the protection of the free expression of ideas and the private reading, listening, and viewing rights of individuals. The___ Library offers a collection that is varied, divergent, inclusive and protected by the First Amendment of the United States Constitution, Article __ of the ___ State Constitution and the Library Board’s endorsement of the Library Bill of Rights
Collection Goals
Summarizes how the collection will contribute to the accomplishment of the mission of the library as well as the basic principles that will be followed to select and maintain it.
Example:
The Library collection will be selected and maintained to enable each person to find the library materials and information that she or he wants according to her or his own free choice.
The collection, taken as a whole, will be an unbiased and diverse source of information representing as many viewpoints as possible. Subjects and viewpoints will be covered in sufficient depth and breadth to meet anticipated and expressed individual and community needs.
The Library neither encourages nor discourages any particular viewpoint. Selection of materials by the Library does not mean endorsement of the contents or the views expressed in those materials. Material will not be excluded because of the race, nationality, religion, gender, sexual orientation, political or social view of either the author or of the material.
The Board recognizes that library resources are not unlimited. Selection of materials must adhere to budget allocations. Resource sharing with other libraries, and electronic and other methods of information access, are valid and necessary ways of meeting patron needs Libraries policies sometimes include the goal of providing a balanced collection.
The ALA Intellectual Freedom Committee deliberately avoided using “balanced” in the title of the Diversity in Collection Development an Interpretation of the Library Bill of Rights. At the time of its adoption in the early 1980’s several groups actively involved in organized attempts to force libraries to censor ideas they opposed used balance as an argument to demand an equality of numbers in library collections. Balanced can also be interpreted to mean that a viewpoint should not be represented in a library collection if differing viewpoints on the topic are not available. The Interpretation addresses this concern with the statement: “A balanced collection reflects a diversity of materials, not an equality of numbers.” For more details see the history of “Diversity in Collection Development” in the Intellectual Freedom Manual “Library Bill of Rights Interpretations".
Delegation of Selection Authority
Since the ultimate authority for the selection and maintenance of library collections is vested in the governing body it is important that policy specifically delegate that authority to professional staff.
Example:
Selection of materials is vested in the library director, who may authorize qualified staff to assist. Materials selected will be deemed to have been
selected by the Board.
Basis for Selection Decisions
Example:
The selectors are responsible for using their professional judgment, information, and other
resources as available to make non-biased selections that meet the collection objectives of
the Library.
Some library policies list specific professional review resources, best seller
and book
award lists that staff will use for selection. Some require that selection
decisions be supported by a minimum number of positive reviews.
Reviews can be very helpful to the selector. However, it can be argued that a
requirement that there be positive reviews weakens the ability of professional librarians
to make judgments about the materials necessary to serve their communities. Many very
valuable titles are never reviewed. And some are reviewed from a biased stance. Who decides
what is quality, good literature or proper English in our diverse country? Refusal to honor
purchase requests from library users because selectors cannot find a positive review or any
review at all implies a lack of respect for the requestor, particularly if the library’s
policy states that materials are purchased to meet the needs of individuals in the
community.
Another thing to consider is the process by which a new voice becomes heard in the literacy
marketplace. New voices and opinions are often published by small publishers or
self-published on a small budget and never get reviewed. How will new or dissenting voices
become established enough to participate in the marketplace of ideas if the library market
routinely shuts them out?
Criteria for Selection:
Since decisions to select or not select materials to be added to a public
library collection cannot be arbitrarily made based on the personal beliefs and opinions of
the selectors it is important that the policy list the factors that will be considered.
The criteria should be based on the mission and goals of the library.
Example:
Criteria to be considered in adding specific materials, including gifts, to the
collection include, but are not limited to:
• collection objectives
• existing subject coverage
• public interest
• community relevance
• patron requests
• timeliness of topic
• audience for material
• current or historical significance of author or subject
• support for lifelong learning
• diversity of viewpoint
• effective expression
• creativity
• imagination
• reading, listening or viewing enjoyment
• popularity
• nature of media
• quality of production
• durability of format
Items selected must meet one or more of these criteria but not every item that
meets one or more of them will be selected. The Library strongly encourages patrons to
suggest items, topics or authors they would like to see included in the collection.
Requests may be met through resource sharing with other libraries, electronic delivery or
other means.
Electronic Resources
Example:
Electronic resources, including subscription databases and links to web sites, are provided
through the District web site to increase the depth and breadth of the collection. Some
links may be available only within a library building or only to library card holders.
Criteria used to select web site links shall include, but not be limited to those that:
• are useful sources of current, consistently maintained information
• are created by credible authors/producers
• are well-organized and easily navigable
• complement the physical collection
Controversial Materials
The policy should explain that materials may be selected solely because they
contribute to the diversity of viewpoints represented in the collection.
Example
Individual items, which in and of themselves may be controversial or offensive to
some patrons or staff, may be selected if their inclusion will contribute to the range of
viewpoints in the collection as a whole.
Access
Some libraries include a statement on access to library resources as a part of
the Collection Policy; others develop a separate policy.
Example
The Board of Trustees recognizes that full, confidential, and unrestricted
access to information is essential in order for patrons to exercise their constitutional
rights.
The Board believes reading, listening, and viewing are individual private matters.
While anyone is free to select or reject materials for themselves or their own minor
children, the freedom of others to read or inquire will not be restricted.
The Library does not stand in loco parentis. Parents and guardians, not the
Library, have the responsibility to guide and direct the reading, listening and viewing
choices of their own minor children.
The Library collection will be organized, marked, and maintained to help people
find the materials they want. Materials will not be restricted, sequestered, altered or
labeled by the Library because of controversy about the author or the subject matter.
Discarding Materials
Since the weeding or discarding of library materials removes materials from the collection
it is important to have a policy to ensure that this process is not used to remove
materials based on controversy or the objections of staff. This policy is usually, but not
always part of the collection policy. The elements commonly included parallel those of the
selection part of the policy:
Goals:
Summarizes how the discarding of materials contributes to accomplishing collection
goals.
Example:
The Board recognizes that discarding materials is an important part of maintaining the
collection in order to keep the collection fresh and free of outdated and worn/damaged
materials.
Delegation of Authority:
Example:
Discarding materials is vested in the Director, who may authorize qualified
staff to assist. Materials discarded will be deemed to have been discarded by the Board.
Criteria:
Example:
When discarding materials staff will consider the same criteria as for
selecting
materials as well as:
:
• physical condition
• obsolescence: the material is no longer timely; more up-to-date material
exits in the collection
• space limitations
• number of copies in the collection
• insufficient use or lack of demand
• availability in other collections
Basis for Decisions to Discard or Replace Library Materials:
Example:
Materials will not be removed because of controversy. Replacement of materials will be
based on collection objectives. Staff will use professional judgment; knowledge of the
collection and the changing needs of the community to make non-biased decisions. .
Special Collections
Collections for which the selection and discarding criteria are broader or narrower
than those for the general collection. This might include local history, local
authors,
the reference collection, etc.
Challenges to Materials:
Response to Challenges
Recognize right to question selection decisions.
Encourage library users to discuss concerns with staff as a first step and train
staff.
Require that a formal challenge be written. Develop a form for challenges to materials
that
allows for uniform gathering of information when a challenge is made. Use neutral
language,
for example, ask why material does not meet the library’s selection criteria and what
action
is being requested.
Identify who reviews the challenge in the first instance.
Establish and make available the criteria used for review of challenges.
To provide a timely response as well as enough time for staff to review the
Material, consider using a two-part process for acknowledging and responding to
challenges
1. Acknowledge the challenge, describe the process, and include a copy of the
selection
policy
2. Send a decision letter, including how to appeal. The letter should refer
directly to the
the request made in the challenge; it should not be a form or routine response
letter.
If a committee is used be informed about your state’s open meeting and public
records laws
as they apply to staff committees making policy related decisions or
recommendations.
Examples:
The Board recognizes the right of individuals or groups to question materials in the
collection. Such questions may be stated in writing on the Collection Review form. The
District will give serious consideration to each opinion so expressed. The form will be
sent to the Executive Director, who will refer it to a staff committee for review. Material
under consideration will remain available to patrons until a decision is made.
The review committee will give the Executive Director a recommendation based on the
judgment of the members of the committee as to whether the material was appropriately
selected and made accessible under this policy. Because of the need to meet individual as
well as group preferences, the number of forms received will not be a factor in reaching a
recommendation. The Executive Director will make a final decision regarding the material
and reply to the individual or groups in writing as soon as practical. The Library Board
will be informed at the next public meeting.
The Library Board considers all materials selected under this policy to be
constitutionally protected under the First Amendment of the United States Constitution and
the Washington State Constitution. If a patron claims that a particular item is not
constitutionally protected, the burden of proof rests with that patron.
If a court having jurisdiction over the Library rules that any material in the
collection is unprotected by these constitutions, such material will be removed
immediately.
Materials under court consideration will remain available to patrons until a
court ruling is made and all appeals exhausted.
Appeal Process
Library policy should include a process for appealing a library decision. The library may
choose to include the appeal process in the text of each of its policies or to have a
separate Appeal Policy.
Appeals should be to the governing body and should require that the request for appeal to
be written. The governing body should hold an administrative hearing on the appeal in a
timely fashion in accordance with state law and administrative rules. The library’s
attorney should be consulted. The policy should specify the type of review that will be
used by the governing body. Will they review the appropriateness of the material for the
collection or will they determine if the staff review and actions followed library policy?
Example:
Persons still wishing to express concerns to the Board about materials in the
collection will be heard during a regular meeting under the agenda item “Citizen Comments”
or at another time designated by the Board for public expression.
The Board, after receiving testimony from the public and from the Director, will
decide whether the actions taken followed library policies.
Policy Review
All library policies should be reviewed periodically by staff and the governing body even
if the outcome is to reaffirm.
Prepared by Candace Morgan for the American Library Association’s “Law for Librarians”,
Last revised November 2009.
