[Michlib-l] Banned book requests limit

Wed May 31 15:48:25 EDT 2023

Thanks, Clare. I'm wondering, if our response to a new complaint about a book that has been challenged in the past 2 years is to simply provide access to the Director's letter carrying the decision in the older case, would that likely satisfy the library's legal responsibilities? We publish (without publicizing or linking) our response letters online and can readily provide access in response to any new complaint. This gives the patron an immediate answer and saves us the trouble of articulating the same arguments in a new letter. If the patron felt the old response did not address their particular concerns, then we could make an exception and they could fill out a Request.

Jeffrey Babbitt, MLIS
Director
Dorr Township Library
1804 Sunset Dr.
Dorr, MI 49323
616-681-9678 (o)
269-598-6929 (m)

----- Original Message -----
From: "Membiela, Clare (MDE) via Michlib-l" <michlib-l at mcls.org>
To: michlib-l at mcls.org
Sent: Wednesday, May 31, 2023 3:16:22 PM
Subject: Re: [Michlib-l] Banned book requests limit

Hello!

Just an FYI as this is a very real but complex issue.

Due to First Amendment concerns involving the right to petition the government, limiting the ability to request a reconsideration of material (even if the item has already been the subject of a review) may incur liability for a library.

It is recommended that any library consult their attorney before considering a policy that restricts patrons' ability to request a material reconsideration.

If a library is experiencing a large number of requests, their attorney can work with them to create alternative policies that may help without incurring liability.

Thanks!
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

"The dissemination of ideas can accomplish nothing if otherwise willing addressees are not free to receive and consider them. It would be a barren marketplace of ideas that had only sellers and no buyers." Lamont v. Postmaster General, 381 U.S. 301.

Michigan's Top 10 Strategic Education Plan provides focused direction to drive educational achievement in support of all learners.

-----Original Message-----
From: Michlib-l <michlib-l-bounces at mcls.org> On Behalf Of Jenn Donner via Michlib-l
Sent: Tuesday, May 30, 2023 11:55 AM
To: michlib-l at mcls.org
Subject: [Michlib-l] Banned book requests limit

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Hi all,

I have heard in a few different webinars and presentations that having a limit to how many times a specific book can be requested to be removed from a collection. For example, if the whole process has been completed but the librarian and board said they would keep the book in the collection, then they wouldn't look at any other requests to have that title removed from the collection for 2 years. Does anyone have a policy I can look at that has such a limit?

Thanks!
Jenn Donner

--
Jenn Donner, MLIS, M.Ed.
District Director
Iosco-Arenac District Library
989-362-2651

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