Intellectual Freedom

The library has been discussing new ways to handle our discards. A senior staff member of a very significant local library told us recently that they donate their discards to the Internet Archive.

Because it would muddy the core element of this question (Should we have any concerns with donating our discards to [Internet Archive]?), this answer is not going to address the various legal and regulatory requirements different libraries may have when it comes to disposing of discarded books.[1]

Within the context of recent regional school book challenges, much of the attention has been focused on print collections. However, librarians and school districts have started to look at digital content, too.

The answer is "Yes."

Of course, behind that answer is layer after layer of complexity.

NOTE: On 5/13/22, Erie 1 BOCES hosted a program[1] regarding school library materials management.  That same week, the Erie County Bar Association hosted a CLE on the same topic[2].

DO ensure your school district library system, school district, or school has a robust and well-thought-out "school library materials policy"[1] ("Policy") governing selection, procurement, cataloging, lending, concerns, re-evaluation, and removal of library materials.

[NOTE: We didn't get this as a submission to "Ask the Lawyer", but we wish we had...]

Our library board is considering a resolution to bar displays celebrating Pride Month.  The ban focuses on, but is not limited to, displays in children's/YA areas.  Is this a legal issue?

YES. Expressly barring library displays based on categories protected by law, such as sexual orientation and gender, is--among other things--a legal issue.

A recent article appeared in a local newspaper that was describing the local efforts of a group called Moms for Liberty to have certain books removed from school libraries because the group consider the titles to be inappropriate for school age children.

I am writing this on May 23, 2023.