Tagged with " intellectual freedom"
The UW-Milwaukee Center for Information Policy Research is excited to welcome Prof. Neil Richards for a talk about his new book Intellectual Privacy in celebration of Choose Privacy Week, the annual initiative of the American Library Association that invites the public into a national conversation about privacy rights in a digital age.
Choose Privacy Week 2015 with Prof. Neil Richards
Monday, May 4, 2015
Alumni Fireside Lounge
UW-Milwaukee Student Union
2200 East Kenwood Boulevard, Milwaukee WI 53211
About Intellectual Privacy:
Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. (More…)
Neil Richards is an internationally-recognized expert in privacy law, information law, and freedom of expression. He is a professor of law at Washington University School of Law, a member of the Advisory Board of the Future of Privacy Forum, and a consultant and expert in privacy cases. He graduated in 1997 from the University of Virginia School of Law, and served as a law clerk to Chief Justice William H. Rehnquist. His first book, Intellectual Privacy, was published by Oxford University Press in 2015.
The Center for Information Policy has been a proud supporter of Choose Privacy Week since its inception in 2010. Past events have included a panel discussion on “Emerging Privacy and Ethical Challenges for Libraries in the 2.0 Era” (2010), participation in an ALA webinar on “Youth Privacy” (2011), the screening of the documentary “Big Brother, Big Business: The Data-Mining and Surveillance Industries” (2012), and hosting a talk by Dr. Kelly Gates on “The Computational Work of Policing” (2013).
To assist in research on intellectual freedom and the rights of library patrons to read, seek information, and speak freely, the Center for Information Policy Research has launched an archive of challenges to public library materials, currently housed at the Digital Commons at the University of Wisconsin-Milwaukee Libraries.
We strive to collect and make available all relevant complaint materials, news reports, public comments, relevant communications available through public records requests. The archive currently contains materials related to the 2009 challenge at the West Bend (WI) Community Memorial Library, which was recently featured in a a special issue of Library Trends, and we are currently collecting materials related to the 2013 challenge at Orland Park Public Library (IL).
Former CIPR co-director, Dr. Joyce Latham, along with Barbara Jones, director of the ALA’s Office of Intellectual Freedom, have edited a special issue of Library Trends dedicated to the 2009 controversy over select Young Adult books at the West Bend Community Memorial Library.
The special issue, titled “The West Bend Challenges: Open Access and Intellectual Freedom in the Twenty-First Century“ serves as “a case study of a library confronting organized challenge to its execution of its role in American culture,” and the articles contained within the issue reflect a broad range of important perspectives to help understand the West Bend controversy, and apply its lessons beyond the borders of this Wisconsin city:
This issue of Library Trends is a case study in intellectual freedom and the conflicts that so often surround it (Appendix I and Appendix II in this issue provide statements on the matter of intellectual freedom by the American Library Association). The case study is a research tool that can be used to advance a range of social inquiries, allowing investigators to study “how general social forces take shape and produce results in specific settings” (Walton, 2009, p. 122). Case-based research allows investigators to explore one event, institution, or organization from multiple angles. The particular focus encourages a detailed description that can expose multiple themes related to the case, enriching the analysis. West Bend Community Memorial Library (WBCML) was selected for this study because of the complexity of the events and their visibility. The availability of documents and digital exchanges generated by multiple participants related to the “materials challenges” and professional authority support a robust research process. This study investigates the strategies of conservative social agents in their attempts to recast the role of the public library as a negative element in advancing the public good.
But it is also a case study of the resistance to the expansion of the public sphere to include traditionally marginalized populations, such as GLBTQ populations. In her essay in this issue of Library Trends, Loretta Gaffney argues that, in the view of the challengers, “any GLTBQ content in YA literature was propaganda aimed at indoctrinating youth with the view that homosexuality was normal,” which violated their family values. As Michael Zimmer and Adriana McCleer indicate in their essay, the WBCML controversy was one in a string of social disruptions focused on school budgets, social climate, and education. Coalitions of conservative and religious groups aligned with social reactionaries to impact social progress toward open inquiry and inclusivity, anchored in a rhetoric of public stability.
This collection of essays provides context for understanding the challenges by situating them in the community of West Bend, exploring the relationship of the West Bend challengers to their predecessors, analyzing the language employed by the challengers in reference to that employed by the library profession, theorizing the motivations and success of the library’s grassroots supporters, and, finally, revisiting the policies currently in place intended to facilitate dialogue about library services among professionals and community stakeholders.
Contributions include a summary of the West Bend case co-authored by CIPR Director Michael Zimmer and SOIS PhD student Adriana McCleer, as well as insights by former CIPR fellow Loretta Gaffney addressing the issue of YA literature and its relationship to conservative activism; Emily Knox analyzing the various interpretations of “censorship” as a broader concept, and a specific one within the West Bend debates; Mark Peterson exploring the role of the counter-movement within the controversy, and the question of whether a public sphere can actually function in American society; and former CIPR fellow Jean Preer surveying the challenge process within Wisconsin public libraries, and produces a trenchant analysis of “best practices” for addressing intellectual freedom practices within a public library’s community.
Megan Schliesman, a long-time librarian at the Cooperative Children’s Books Center(CCBC) of the School of Education at UW-Madison and manager of its intellectual freedom services for the past eleven years, is the winner of the 2014 Intellectual Freedom Award. The award is given jointly by the Wisconsin Library Association (WLA) and the Wisconsin Educational Media and Technology Association (WEMTA).
Besides managing the CCBC Intellectual Freedom Information Services, Schliesman also manages its online forum, “What IF . . . Questions and Answers on Intellectual Freedom.” She currently serves on the American Library Association/Association for Library Service to Children Board, and is a past member of the ALA/ALSC Intellectual Freedom Committee. She is past chair of the Wisconsin Educational Media and Technology Association’s Intellectual Freedom Special Interest Group, and a past member of the Wisconsin Library Association Intellectual Freedom Roundtable board.
The authors of the nomination letter recommending Schliesman note, “Megan exemplifies the spirit of intellectual freedom through her unflagging support for those defending against censorship and her outreach to inform others about intellectual freedom. Being a librarian at the CCBC is more than a job for Megan, it is a calling that she takes seriously. Wisconsin is fortunate to have Megan as an intellectual freedom advocate and defender of minors’ First Amendment right to read.”
Schliesman will be honored at the WEMTA Awards Luncheon on Monday, March 24, 2014 in Wisconsin Dells, Wisconsin. Recognition will also be given during the WLA Conference in the Fall, 2014.
Since 2010, WLA and WEMTA have collaborated to give the annual intellectual freedom award. This award recognizes the contribution of an individual or group who has actively promoted intellectual freedom in Wisconsin. Funding for the award is generously provided by TeachingBooks.net and the Center for Information Policy Research at the School of Information Studies, University of Wisconsin-Milwaukee
To kick off 2013 Banned Books Week, the UW-Milwaukee School of Information Studies and UWM’s Center for Information Policy Research is partnering with the Milwaukee Public Library to host a special lecture by Barbara Jones, Director of the ALA Office of Intellectual Freedom:
CANARIES IN THE COAL MINE:
How Libraries Fight for Free Speech, Freedome from Surveillance, and Democratic Values
September 22, 2013
6:00 – 8:00pm
Milwaukee Public Library
Centennial Hall – Loos Room
733 N Eighth Street Milwaukee, WI 53233
Barbara M. Jones
Director, Office for Intellectual Freedom at the American Library Association
Executive Director, Freedom to Read Foundation
RSVP at: http://sois.uwm.edu/banned2013
CIPR Director, Michael Zimmer, has been invited to join a gathering of national library, education, technology, legal and policy experts for a national symposium hosted by the American Library Association and Google considering the impact of the Children’s Internet Protection Act (CIPA) on access to electronic information July 29 and 30. Librarians & researchers nationwide can join the virtual conversation with two Google Hangouts on July 30.
The first Hangout will start at 11 a.m. EDT and focus on an “Introduction and Overview of CIPA 10 Years Later.” The second one will share “Symposium Themes and Conclusions” starting at 12:15 p.m. EDT. Participants will join a wide range of experts as they share insights looking at legal, ethical, and political implications of how the CIPA requirements have been implemented in the past 10 years. Did CIPA meet its intended goals, and have there been unintended consequences?
“Revisiting the Children’s Internet Protection Act: 10 Years Later” is part of ALA’s Office for Information Technology Policy (OITP) and Office for Intellectual Freedom’s (OIF) larger project on CIPA and access to information, made possible through support of Google, Inc. A white paper will be released this fall.
Here’s how to join the conversation:
- You can watch the live stream directly on YouTube on the ALA Washington Office channel. ALA will tweet the URL using #CIPA_ALA13 at 10:45am EST, right before the Hangout goes live.
- You can also tweet @oitp using our hash tag #CIPA_ALA13. We’ll be watching the Twitter feed and passing these comments to the speakers, as well.
Participants are encouraged to actively share their experiences, reflections and questions via tweets and online comment boards. ALA will use the back-channel conversation to inform our ongoing work on libraries and the impacts of filtering on access to information.
The Hangouts also will be archived on the ALA Washington Office YouTube channel after the event.
CIPR faculty fellow Dr. Jean Preer (SLIS-Indiana) will be presenting her research “Prepare to be Challenged!” at the 2012 annual conference of the Wisconsin Library Association.
While most public libraries now have some sort of process allowing challenges to works in their collection some may find objectionable, the controversy in West Bend, Wisconsin, provides an opportunity to reexamine this process and explore how it can best serve the interests of both the library and concerned patrons. The program will discuss a survey of the challenge procedures and forms adopted by Wisconsin public libraries. Using hands-on exercises and role plays, participants will consider the variety of mechanisms currently in place and address such questions as standing to challenge a work in a public library collection, the role of the library’s collection development policy, the make-up of any challenge review committee, the option to appeal the committee’s determination, compliance with open meeting laws, and the time frame for decision. By providing a forum for opposing points of view, the challenge process can affirm the library’s commitment to intellectual freedom and educate the community about its stake in free access to information. A closer look at the challenge procedure can suggest ways in which it might accomplish both more effectively.
The presentation is Thursday, October 25 from 2:15-3:30 at the La Crosse Center.
SOIS PhD student Adriana McCleer recently won “best poster” at Student Research Day for her preliminary analysis of the following case study:
The Dismantling of Tucson Unified School District’s Mexican American Studies Program: A Case Study and Critical Analysis
The Mexican American Studies (MAS) program began as a 1998 grassroots community effort to address the Latino academic achievement gap in Tucson. It flourished into a Tucson Unified School District’s (TUSD) curriculum rooted in cultural relevance, critical thought, social justice, and academic rigor. The Mexican American perspective was centered in the classroom through history, literature, and art. This program has received national recognition in the field of education and has documented notable success in student achievement.
Arizona Revised Statutes § 15-111 “Declaration of policy” and § 15-112 “Prohibited courses and classes; enforcement” laws were enacted with the intention to dismantle the TUSD MAS program. The program was ruled in violation of the law and in January 2012, the governing board of TUSD suspended all MAS courses and subsequently removed textbooks and course materials from classrooms.
This exploratory case study uses Critical Race Theory as a framework to investigate the dismantling of the Tucson Unified School District’s Mexican American Studies Program in Arizona. The study investigates the suspension of courses and organized removal of educational materials as a restriction of intellectual freedom and act of censorship to formulate research questions for additional studies.
A literature review examines works on the topics of Critical Race Theory, the TUSD MAS curriculum and pedagogy, ethnic studies, and intellectual freedom and censorship in schools. Data collection includes document analysis of news articles, legal documents, government and community websites, press releases, and official statements from Arizona Department of Education, State Superintendents of Public Instruction, and TUSD.
In Critical Race Theory, Delgado & Stefancic (2012) outline the nationalistic viewpoint that supports ethnic studies and questions “the majoritarian assumption that northern European culture is superior” (p. 67). The text also illuminates the power of counterstorytelling, or “writing that aims to cast doubt on the validity of accepted premises or myths, especially ones held by the majority” (p. 159). Challenges to the nationalistic viewpoint and the power of counterstorytelling are “Color-blind, or ‘formal’ conceptions of equality, expressed in rules that insist only on treatment that is the same across the board” (p. 8). This approach is focused on addressing only the most obvious and visible forms of discrimination, but does not address institutional or systemic injustices, particularly in the form of policy.
Arizona Revised Statute § 15-112(A)(4) does not allow classes to “advocate ethnic solidarity instead of the treatment of pupils as individuals.” This notion is rooted in the beliefs of Arizona Attorney General, Tom Horne, that “People are individuals, not exemplars of racial groups” (2010). He is consistent in his claims that ethnic studies is fundamentally wrong in that it segregates students and does not treat them as individuals. However, the provision of ethnic studies and the treatment of students as individuals are not mutually exclusive. The validation of counterstories celebrates the unique qualities and experiences of individuals. In contrast, the elimination of ethnic studies and promotion of color-blindness discounts and discredits the unique experiences people have had as individuals. By adopting a colorblind position, there is a strategic veiling of discrimination. In a 2009 critical discourse study of Tom Horne’s attack on MAS, Michael W. Simpson stated, “By asserting ‘We are not racists’ and ‘We are not a racist society’, the dominant group has exercised a strategy of defense against charges of racism and constructed and maintained the dominant white consensus” (2009, p. 24).
This study continues the exploration and analysis of the censorship of counterstories veiled by the promotion of color-blindness.
Delgado, R. & Stefancic, J. (2012). Critical Race Theory: An Introduction (2nd ed.). New York: NYU Press.
Horne, T. (2010). Finding by the state superintendent of public instruction of violation by Tucson Unified School District pursuant to A.R.S. 15-112(B). Retrieved fromhttp://www.azag.gov/issues/TUSD%20%20Ethnic%20Studies%20Findings.pdf
Simpson, M. (2009). Tom Horne, Arizona Superintendent of Public Instruction verse Tucson Unified School District’s ethnic studies: A critical discourse study, 1-29. doi: http://dx.doi.org/10.2139/ssrn.1372387
[This opinion piece is presented by SOIS PhD student, Jeremy Mauger]
On April 10th, the United States District Court for the Eastern District of Washington upheld a ruling that allows filtering software to deny adults the ability to access constitutionally protected speech in public libraries. TheCourt’s opinion suggests that the libraries in question are serving a “legitimate government interest” (1 at p. 6) by blocking adult access to protected speech, and are justified in doing so in order to comply with the requirements of the Children’s Internet Protection Act (CIPA).
Passed in 2000, CIPA requires that public libraries install filtering software in order to protect minors from harmful content while accessing the Internet. Specifically, CIPA mandates that any public library which receives federal funding for computers and Internet service must implement “…a technology protection measure with respect to any of its computers with Internet access that protects against…visual depictions that are obscene, child pornography, or harmful to minors” (2 at pp. 6-7). Fearing that this requirement would hinder the right of adult patrons to access constitutionally protected speech, the American Library Association filed a challenge to this law – a challenge that eventually came before the Supreme Court in 2003.
Although the Supreme Court did not find CIPA to be unconstitutional, it did acknowledge that such filtering may harm the right of adults to access protected speech if implemented incorrectly. Justice Kennedy “…concluded that if…a librarian will unblock filtered material or disable the Internet software filter without significant delay on an adult user’s request, there is little to this case…If some libraries do not have the capacity to un-block specific Web sites or to disable the filter or if it shown that an adult user’s election to view constitutionally protected Internet material is burdened in some other substantial way, that would be the subject for an as-applied challenge” (3 at pp. 3-4).
[Ed - changes have been made to this paragraph for clarification; see comments below] The opportunity for such a challenge arose in 2006 when
Sarah Bradburn, an adult patron adult patrons of the North Central Regional Library District (NCRL) was were denied access to a websites containing constitutionally protected material. The NCRL, an association of 28 participating libraries, currently employs FortiGuard filtering software in order to comply with the requirements of CIPA and has previously used SmartFilter (Bess edition). In this instance, FortiGuard blocked Ms. Bradburn from viewing the website of the Among others, the filter blocked plaintiff Charles Heinlen’s access to “womenandguns.com”. This website is published by the Second Amendment Foundation, a “Washington nonprofit corporation dedicated to issues associated with the constitutional right to keep and bear arms” (4 at p. 7). The content of this site is undoubtedly protected by the constitution but does not fall within the NCRL’s definition of material that is suitable for minor patrons in the context of CIPA and was blocked accordingly.
Ms. Bradburn and three other plaintiffs (including the Second Amendment Foundation) sued the library system, alleging that the NCRL’s filtering policy violated the First Amendment rights of its adult patrons. However, despite the Supreme Court’s explicit suggestions to the contrary, on May 6, 2010 the Supreme Court for the State of Washington ruled that the NCRL had no obligation to disable Internet filters and allow access to constitutionally protected material. Specifically, the Washington Court ruled that “
…a public library may… filter Internet access for all patrons without disabling the filter to allow access to web sites containing constitutionally protected speech upon the request of an adult patron” (4 at pp. 29-30, Emphasis Added).
This decision, as noted above, was recently upheld by the Federal Court. The Circuit Court concluded that “Blocking Internet sites and pages that contain constitutionally-protected material deemed suitable only for adults helps ensure that the environment at NCRL libraries is consistent with its mission of providing learning and research opportunities for individuals of all ages. This is a legitimate government interest…The Court acknowledges that this process may frustrate some adult patrons…[However,] because NCRL’s Policy, including not disabling the Internet filter at the request of an adult patron, is reasonable, there is no overbreadth or impermissible content-based First Amendment violation” (1 at pp. 5-6).
This is an extraordinary extension of the Supreme Court’s ruling. It bears repeating that the Supreme Court’s decision requires that the constitutional application of CIPA must include the immediate unblocking of Internet filters at the request of an adult patron. As Justice Kennedy noted, the law ceases to be constitutional “…if it is shown that an adult user’s election to view constitutionally protected material is burdened in some…substantial way” (3 at p. 4).
It seems clear in this instance that adult access to protected speech has been substantially burdened. The NCRL has misinterpreted the requirements of CIPA while the courts have extended and misapplied the law. The NCRL’s filtering policy and subsequent rulings in the Bradburn case have limited the ability of adult patrons to access constitutionally protected material on public library computers. It has also confined adult access to only those materials deemed to be suitable for children within the constraints of CIPA. Internet filtering through CIPA was never intended to constrict adult access in this manner. It was solely meant to shield minors from harmful content, not to create a burden on the right of adults to freely receive constitutionally protected speech.
- Bradburn et al v. North Central Regional Library District, 2:06-cv-00327-EFS (2006). United States District Court for the Eastern District of Washington; April 10, 2012.
- Children’s Internet Protection Act (CIPA), Title XVII, Pub. L. No. 106-554 (2000).
- United States v. American Library Association, 539 U.S. 194 (2003).
- Bradburn et al v. North Central Regional Library District, 2:06-cv-00327-EFS (2006). Washington State Supreme Court, No. 82200-0; May 6, 2010.
The UW-Milwaukee Center for Information Policy Research, UW-Milwaukee School of Information Studies and the WLA Intellectual Freedom Round Table invite you to attend the 2011 Wisconsin Library Association Pre-Conference, Tell Me What Democracy Looks Like!
When a library confronts an intellectual freedom challenge, who are the players involved, what are their interests and where do we stand? This pre-conference will explore the motivations of such groups as Family Friendly Librarians, local politicians and the American Library Association.
Perspectives on intellectual freedom issues will be offered by:
- Barb Deter, Past president, Board of Directors, West Bend Community Memorial Library
- Barbara Jones, Director, Office of Intellectual Freedom, ALA, Chicago
- Sandra Braman, Professor, Department of Communications, UW-Milwaukee
- Loretta Gaffney, PhD candidate in Library & Information Science, Univ. of Illinois
- Joyce M. Latham, Assistant Professor, UW-Milwaukee
November 1, 2011 | 9:30 – 3:30 PM
Hilton Milwaukee City Center
509 W. Wisconsin Ave