Abstract

http://ssrn.com/abstract=1622303
 


 



First Amendment Limits on Library Collection Management


Anne Klinefelter


University of North Carolina (UNC) at Chapel Hill - School of Law


Law Library Journal, Vol. 102, No. 3, Summer 2010
UNC Legal Studies Research Paper No. 1622303

Abstract:     
First Amendment freedoms impose some limits on publicly funded libraries’ discretion to manage their collections, but identifying those limits is difficult. The First Amendment law of libraries is murky territory, defined by three Supreme Court decisions that failed to produce majority opinions and lower court opinions that have employed a variety of doctrinal approaches. Libraries nonetheless must make sense of these cases to create and implement collection development and Internet access policies and procedures. This article surveys and analyzes the First Amendment law of library collections and finds that libraries’ discretion is broad, but certain limitations apply. These can serve as a reminder to librarians of their ethical commitment to challenge censorship and provide access to all points of view.

Number of Pages in PDF File: 52

Keywords: Libraries, Library Collections, First Amendment, Brown v. Louisiana, Board of Education v. Pico, United States v. American Library Association, Selective Subsidies, Librarian Ethics, Censorship, Internet filtering, Freedom of Speech

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Date posted: June 8, 2010 ; Last revised: June 27, 2010

Suggested Citation

Klinefelter, Anne, First Amendment Limits on Library Collection Management. Law Library Journal, Vol. 102, No. 3, Summer 2010; UNC Legal Studies Research Paper No. 1622303. Available at SSRN: http://ssrn.com/abstract=1622303

Contact Information

Anne Klinefelter (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
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