To see more examples of cases visit the ALA Notable First Amendment Court Cases site.
Todd v. Rochester Community Schools, 200 N.W.2d 90 (Mich. Ct. App. 1972)
In deciding that Slaughterhouse-Five could not be banned from the libraries and classrooms of the Michigan schools, the Court of Appeals of Michigan declared: "Vonnegut's literary dwellings on war, religion, death, Christ, God, government, politics, and any other subject should be as welcome in the public schools of this state as those of Machiavelli, Chaucer, Shakespeare, Melville, Lenin, Joseph McCarthy, or Walt Disney. The students of Michigan are free to make of Slaughterhouse-Five what they will."
Right to Read Defense Committee v. School Committee of the City of Chelsea, 454 F. Supp. 703 (D. Mass. 1978)
The Chelsea, Mass. School Committee decided to bar from the high school library a poetry anthology, Male and Female under 18, because of the inclusion of an "offensive" and "damaging" poem, "The City to a Young Girl," written by a fifteen-year-old girl. Challenged in U.S. District Court, Joseph L. Tauro ruled: "The library is 'a mighty resource in the marketplace of ideas.' There a student can literally explore the unknown, and discover areas of interest and thought not covered by the prescribed curriculum. The student who discovers the magic of the library is on the way to a life-long experience of self-education and enrichment. That student learns that a library is a place to test or expand upon ideas presented to him, in or out of the classroom. The most effective antidote to the poison of mindless orthodoxy is ready access to a broad sweep of ideas and philosophies. There is no danger from such exposure. The danger is mind control. The committee's ban of the anthology Male and Female is enjoined."
In recent years, librarians increasingly have found themselves being threatened with legal or criminal threats for acquiring or promoting controversial books or events. The hostility behind these attacks has raised significant concerns about intellectual freedom and censorship. Libraries have long been bastions of free access to information, fostering a diverse range of ideas and perspectives. However, as societal debates intensify around certain topics, such as race, gender identity, sexuality, and politics, libraries and librarians have increasingly found themselves in the crosshairs of contentious battles over what materials should be available to the public.
One prominent example is the targeting of libraries and librarians who stock or advocate for books dealing with critical race theory, LGBTQ+ issues, or other contentious subjects. Some individuals or groups have sought to suppress these materials by threatening legal action, accusing libraries of promoting harmful ideologies or indoctrinating patrons, particularly children and young adults. These threats can take various forms, including lawsuits alleging obscenity, demands for book bans or removals, or calls for disciplinary action against librarians.
In response, many librarians and library associations have reaffirmed their commitment to intellectual freedom and the principles of the American Library Association's Library Bill of Rights, which asserts that libraries should provide access to all materials and protect individuals' rights to read, seek information, and express ideas freely. Librarians have emphasized the importance of providing diverse and inclusive collections that reflect the communities they serve, while also upholding professional standards and ethical guidelines.
Navigating book these challenges can be complex, especially when faced with legal threats or pressure from local authorities, school boards, or community groups. Librarians may find themselves in difficult positions, balancing their commitment to intellectual freedom with the need to address concerns about potentially harmful content or ensuring age-appropriate access to materials.
To address these issues, some libraries have implemented policies for reviewing and selecting materials, establishing clear procedures for handling challenges or complaints, and providing resources for patrons to voice their opinions or concerns in constructive ways. Additionally, librarians have advocated for support from their institutions, professional organizations, and broader communities to defend against censorship attempts and uphold the principles of intellectual freedom.
Overall, the recent pattern of librarians facing legal or criminal threats underscores the ongoing importance of defending intellectual freedom and the vital role that libraries play in fostering open inquiry, critical thinking, and democratic values. By standing firm in their commitment to providing access to diverse viewpoints and resisting censorship pressures, librarians continue to uphold the fundamental right to freedom of expression and ensure that libraries remain vibrant centers of learning and discovery for all.