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RESOLUTION ON CHALLENGED MATERIALS

An Interpretation of the LIBRARY BILL OF RIGHTS

WHEREAS, The LIBRARY BILL OF RIGHTS states that no library materials should be proscribed or removed because of partisan or doctrinal . disapproval, and

WHEREAS, Constitutionally protected expression is often separated from unprotected expression only by a dim and uncertain line, and

WHEREAS, Any attempt, be it legal or extra-legal, to regulate or suppress material must be closely scrutinized to the end that protected expression is not abridged in the process, and

WHEREAS, The Constitution requires a procedure designed to focus searchingly on the question before speech can be suppressed, and

WHEREAS, The dissemination of a particular work which is alleged to be unprotected should be completely undisturbed until an independent determination has been made by a judicial officer, including an adversary hearing,

THEREFORE, THE PREMISES CONSIDERED, BE IT RESOLVED, That the American Library Association declares as a matter of firm principle that no challenged library material should be removed from any library under any legal or extra-legal pressure, save after an independent determination by a judicial officer in a court of competent jurisdiction and only after an adversary hearing, in accordance with well-established principles of law.

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