Recently Asked Questions (RAQs)

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. However, the language used and quoted in the article, including “#Porninschools Exposed" and that they found over 80 titles that should be given an "R" rating seems as if it could be construed as an accusation against school libraries that they are distributing materials to minors that are prohibited by law. The article also quoted the group as intending to get people "outraged" by posting excerpts from books they consider objectionable. I would like to know if the school librarians facing these kinds of accusations have any recourse to bring action against the organization or individuals within the organization making these kinds of possibly slanderous and libelous accusations.

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].

At both programs, school district library personnel discussed the ethics of their professions.  They also shared their personal experiences with collection management issues, including attempted censorship of library materials.

Both sessions were inspired by concerns, rooted in the current political climate, that school districts could feel pressure to sidestep policy and direct the removal or limitation of "controversial" library materials without due process.

The law, policy, and case law covered at the session was extensive. Below is a summary of the major take-aways, in a "Do's and Don'ts" format.

QUESTION

What are the "legal do's and don'ts" of school district library collection management in New York?

[1] "Collection, Selection, Objection": the recording can be located through your regional BOCES or school district library system.

[2] More information on this "Continuing Legal Education" seminar is here:  https://eriebar.org/product/2433-more-than-a-book-ban-advising-municipalities-schools-and-libraries-during-a-book-challenge/

[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?