[Michlib-l] R rated movies

[Lance Werner]

Greetings,

Here is an article that I wrote about it when I was at the Library of Michigan:


A Few Words About Public Libraries and MPAA ratings



By Lance M. Werner



Movie ratings from the Motion Picture Association of America (MPAA) generate some concerns among my friends working in Michigan's public libraries. I occasionally get questions from the field about the legality and public expectation of libraries to prohibit minors from circulating movies with PG, PG-13, R and NC-17 ratings.



MPAA Ratings



The MPAA is a private organization whose activities are not governed by any state or federal law. Movie ratings are offered as a service to MPAA members through the MPAA administered Classification and Ratings Administration (CRA). It is CRA that assigns a particular rating to a movie as a guide to viewers of age appropriateness. Filmmakers that wish their film to be rated submit their film voluntarily to CRA for review and movie rating assignment.



A Question of Authority



The entire topic of whether libraries are obligated to comport their circulation practices for minors in accordance with MPAA ratings rests on the question of legal authority. I have repeated one fundamental legal premise time and again regarding library authority. This premise is as governmental entities, library boards, employees and agents have no inherent powers. They possess only those limited powers given them by the state constitution or by state statute or powers that are necessarily implied from there. Hanselman v Kileen, 419 Mich 168, 351 NW2d 544 (1984). Translation: library boards, directors, staff and volunteers can only do something if there is a law that says they can do that thing.

Determining the legal authority to act is important for two primary reasons in relation to this question.



The first reason is as follows...the question of ratings often boils down to whether something is considered obscene or harmful to minors (both categories of speech are not constitutionally protected). What is notable is that the authority to make the determination of whether or not something is obscene or harmful to minors rests solely with a court. Neither library boards, employees or agents, nor the MPAA, can make the decision because there is no legal authority to do so. The MPAA rating is, and has been intended only as, a guide and never as a legal mandate.



The second reason that authority is fundamental to this question is that although Michigan's public libraries must adhere to section 6 of the Michigan Library Privacy Act, 1984 PA 455, MCL 397.606, which requires libraries to take steps to prevent minors from accessing obscene or sexually explicit harmful material that is harmful to minors on the Internet, it does not authorize libraries to restrict minors access to other library materials. In fact, because there is no legal authority that enables libraries to restrict

minor's access to library materials that fall outside of the purview of section 6, restricting materials could conceivably be considered an infringement of minor's constitutional rights.



Conclusion



Let me be clear, I am not advocating furnishing minors with materials that are rated PG-13, R or NC -17. I think that circulation of these materials should be administered in accordance with parental expectations, by the parent, not by the library. Although there may be some public expectation that Michigan's public libraries should act in loco parentis with respect to restricting minor's access to movies that have been rated PG -13, R, and NC - 17, there is no legal authority to do so.

I hope this helps!

Kind regards,

Lance M. Werner, Director
Kent District Library
814 West River Center NE
Comstock Park, MI
Office: 616-784-2091
Cell: 616-304-0776
Fax: 616-647-3828

An EPIC Award Winner for Excellence in Business
2013 Grand Rapids Chamber of Commerce


From: michlib-l-bounces at mcls.org [mailto:michlib-l-bounces at mcls.org] On Behalf Of Kelly Bennett
Sent: Thursday, July 24, 2014 2:10 PM
To: 'Val Meyerson'; 'michlib-l at lists.mcls.org'
Subject: Re: [Michlib-l] R rated movies

We at Ferndale Public Library do circulate R-rated movies. When a child gets a library card, their parent or guardian must indicate whether they would like their child to be able to check out any movies and we put this preference in the child's record. We make sure that parents know that we will not be censoring what their child checks out, and that the decision is between them and their child. We did this because we felt that the decision about movies should be a parent's anyway and it shouldn't be something that the library interferes with. Parents don't seem to have a problem with this.

Kelly Bennett
Head of Circulation, Ferndale Public Library
Kelly at ferndalepubliclibrary.org<mailto:Kelly at ferndalepubliclibrary.org>
248-547-6001

From: michlib-l-bounces at mcls.org<mailto:michlib-l-bounces at mcls.org> [mailto:michlib-l-bounces at mcls.org] On Behalf Of Val Meyerson
Sent: Thursday, July 24, 2014 1:27 PM
To: michlib-l at lists.mcls.org<mailto:michlib-l at lists.mcls.org> (michlib-l at mail.mcls.org<mailto:michlib-l at mail.mcls.org>)
Subject: [Michlib-l] R rated movies

When you circulate R rated movies at your library, how do you deal with children who want to check them out? Does circ staff check each DVD for a rating and make sure the child is of age?   Do children have a different card than adults?  Has the availability of R-rated movies been a problem with parents?

Linda Adams
Adult Services Librarian
Charlevoix Public Library
220 W. Clinton
Charlevoix, MI  49720
linda at charlevoixlibrary.org<mailto:linda at charlevoixlibrary.org>
231-237-7342


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