I am very pleased to announce the publication of my law review article, Institutions of Learning or Havens for Illegal Activities in Northern Illinois University Law Review (citation: 25 N. Ill. U. L. Rev. 1). Thank you to the editors who have generously allowed me to post the full-text of the article. [doc] [html]
The article examines the three major Supreme Court library cases, Brown, Pico, and American Library Association, which span a period of almost 30 years. Each case addresses the appropriate role of libraries and the activities allowed within library premises -- from a silent civil rights protest in a library reading room, to removal of books in a school library by its school board, to the Children's Internet Protection Act in which Congress mandates Internet filters in libraries that receive certain federal funds and discounts.
These cases shape the role of libraries in society today. The article aims to describe the fine line the Court takes between viewing libraries as purveyors of high culture and as dangerous places.
An uncertainty about the role of libraries runs throughout the Supreme Court opinions as well as lower court opinions that follow these rulings.
Court opinions on the role of libraries have had a strong effect on patrons by limiting and enhancing the information options of patrons, including school library books and public library Internet-access.
The views of the courts have also forced librarians to act in accordance with the Supreme Court’s views of their appropriate role. This article argues that the Supreme Court’s views are frequently based on a limited understanding of libraries. The lack of government understanding of the role of libraries and librarians can have extensive implications for institutions, their employees, and the public.
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