United States v. American Library Association, Inc., 539 U.S. 194, 47 (2003)

Page:   Index   Previous  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  Next

240

UNITED STATES v. AMERICAN LIBRARY ASSN., INC.

Souter, J., dissenting

20th century, the ALA issued a series of policy statements, since dubbed Interpretations of the Library Bill of Rights, see id., pt. 1, at 13, commenting on library administration and pointing to particular practices the ALA opposed. Thus, for example, in response to pressure by the Sons of the American Revolution on New Jersey libraries to place labels on materials "advocat[ing] or favor[ing] communism," the ALA in 1957 adopted a "Statement on Labeling," opposing it as "a censor's tool." Id., pt. 1, at 18-19. Again, 10 years later, the ALA even adopted a statement against any restriction on access to library materials by minors. It acknowledged that age restrictions were common across the Nation in "a variety of forms, including, among others, restricted reading rooms for adult use only, library cards limiting circulation of some materials to adults only, closed collections for adult use only, and interlibrary loan for adult use only." Id., pt. 1, at 16. Nevertheless, the ALA opposed all such limitations, saying that "only the parent . . . may restrict his children— and only his children—from access to library materials and services." Id., pt. 1, at 17.

And in 1973, the ALA adopted a policy opposing the practice already mentioned, of keeping certain books off the open shelves, available only on specific request. See id., pt. 1, at 42. The statement conceded that " 'closed shelf,' 'locked case,' 'adults only,' or 'restricted shelf' collections" were "common to many libraries in the United States." Id., pt. 1, at 43. The ALA nonetheless came out against it, in these terms: "While the limitation differs from direct censorship activities, such as removal of library materials or refusal to purchase certain publications, it nonetheless constitutes censorship, albeit a subtle form." Ibid.6

Amidst these and other ALA statements from the latter half of the 20th century, however, one subject is missing.

6 For a complete listing of the ALA's Interpretations, see R. Peck, Libraries, the First Amendment and Cyberspace: What You Need to Know 148-175 (2000).

Page:   Index   Previous  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  Next

Last modified: October 4, 2007