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Wednesday, June 13, 2012

NCAC Pushes Porn on Libraries; Fifty Shades of Grey Propaganda: Brevard Buckles, Harford Holds

The National Coalition Against Censorship [NCAC] is now openly pushing pornography into public libraries:
  • "NCAC, Free Speech Groups Criticize M.D. Library's 'Porn' Ban," by National Coalition Against Censorship, National Coalition Against Censorship, 12 June 2012, emphasis added:
    The National Coalition Against Censorship (NCAC) united with other freedom of expression organizations again today on behalf of E.L. James' best-selling erotic novel Fifty Shades of Grey (Vintage), this time in Harford County, Maryland.

    In a joint letter (below) issued to the county library's board, NCAC has arrayed co-signers representing publishers, authors, booksellers and journalists from across the nation to urge Harford County to reconsider the thinking behind its generic ban on "porn," a subjectively and selectively defined category.

    "There is no justification for the wholesale exclusion of books with sexually explicit content, whether called 'erotica' or 'pornography'," [sic] the letter states.
Given those statements, it is now safe to say the NCAC is openly pushing pornography into public libraries.


The NCAC, ALA, ACLU, PEN, AAP, ASJA, ABFFE, and IBPA All Push Porn in Public Libraries:

Along with the NCAC are other groups in its letter to Harford County, including the American Library Association [ALA], the American Civil Liberties Union [ACLU], the PEN American Center [PEN], the Association of American Publishers [AAP], the American Society of Journalists and Authors [ASJA], the American Booksellers Foundation for Free Expression [ABFFE], the Independent Book Publishers Association [IBPA], and more.  The ALA is not a direct signatory of the NCAC letter, but the AAP representative, Judith Platt, is also the Vice President of the ALA's Freedom to Read Foundation that lists her ALA and AAP posts.

As they all signed the letter saying there is no justification for libraries to exclude porn, this means the NCAC, ALA, ACLU, PEN, AAP, ASJA, ABFFE, and IBPA are all pushing pornography into public libraries.


The ALA Pushes Porn in Other Ways As Well:

By the way, the ALA has taken no significantly visible, public stand supporting libraries that follow selection policy to keep out pornography.  It has not and will not support Harford County Public Library Director Mary Hastler, for example.  Telling, no?

Au contraire, the ALA gave huge support, even an award, to school librarian Dee Venuto who supported keeping her students exposed to inappropriate material, including a picture of two men having anal sex while two Boy Scouts looked on:


And with respect to public library computers, the author of the Children's Internet Protection Act has recently spoken out about how the ALA endangers children in a third of American libraries:


Evaluating the Veracity of the NCAC Claims Supporting Library Pornography:

Is it true that "there is no justification for the wholesale exclusion of books with sexually explicit content, whether called 'erotica' or 'pornography'"?  After all, it is the leading argument in support of forcing various communities to accept pornography into their public libraries.  "A policy that excludes an entire category of works that are protected by the First Amendment is a censorship policy, impermissible in a public library," they say.  But is it true?

No.  It is not true.  Further, the NCAC and its fellow travelers know it is not true and purposefully fail to inform communities.  They say a "censorship policy" is "impermissible in a public library."  That is true.  But to make the stretch that pornography is being "censored," and to say that is "impermissible," is intentionally misleading.  The NCAC left out critical information that would make its propagandistic claims completely evaporate.  As Harvard Professor Alan Dershowitz said, "a half truth is regarded by the law as a lie."  Simply put, the NCAC cabal is lying to local communities.


US v. ALA Says Libraries Traditionally Exclude Pornography and Libraries Have Broad Discretion to Make Selection Decisions:

Proof?  There is a United States Supreme Court case that addressed the issue of pornography in public libraries, and among the interested parties were the ALA, ACLU, and the AAP.  The point being they knew about this case as they were directly involved, and knew its outcome, yet now they choose to leave out key information about the case from the letters they sign that are sent to communities and from the interviews they have with the media.  Remember, a half truth is a lie.

Truth?  United States v. American Library Association, 539 US 194, 2003:  "The decisions by most libraries to exclude pornography from their print collections are not subjected to heightened scrutiny...."  "[H]eightened judicial scrutiny [is] ... incompatible with the discretion that public libraries must have to fulfill their traditional missions.  Public library staffs necessarily consider content in making collection decisions and enjoy broad discretion in making them."

Contrast the NCAC et alia:  "Our concerns are heightened by the library's effort to justify the exclusion as part of a categorical ban on 'porn.'"  The Court will not use heightened scrutiny to review a library's selection policy discretion, but the NCAC knows better and its "concerns are heightened."

Truth?  US v. ALA:  "A library's need to exercise judgment in making collection decisions depends on its traditional role in identifying suitable and worthwhile material....  Most libraries already exclude pornography from their print collections because they deem it inappropriate for inclusion."

Contrast the NCAC:  "There is no justification for the wholesale exclusion of books with sexually explicit content, whether called 'erotica' or 'pornography.'"  So the US Supreme Court found "most libraries already exclude pornography from their print collections because they deem it inappropriate for inclusion," but communities are told by the NCAC that "there is no justification for the wholesale exclusion of books with sexually explicit content, whether called 'erotica' or 'pornography'"?


Another Double Standard:

By the way, the argument is made that the book should be allowed in because so many other libraries allow it in.  The NCAC says, "Libraries all over the country, including Anne Arundel County, Carroll County, Howard County and the Enoch Pratt Free Library in Maryland, have purchased the book and have long waiting lists of patrons eager to borrow the book."  But that's a double standard.  When the US Supreme Court says, "Most libraries already exclude pornography from their print collections because they deem it inappropriate for inclusion," that broad exclusion of porn by so many other libraries suddenly no longer applies.  Suddenly, merely on the weight of the vociferousness and audacity of the NCAC and gang and the media storm they generate, libraries are to ignore what most other libraries do in keeping out porn, while at the same time follow what many other libraries do in allowing in porn.  We're all supposed to jettison hundreds of years of common sense that libraries don't stock porn because the NCAC says so.


Deception/Half Truths by the NCAC is Designed to Push Pornography on Communities:

The NCAC actually cites the US Supreme Court to say that "no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion," but then leaves out another US Supreme Court case that is directly on point.

And communities are supposed to take the NCAC seriously?  It pushes pornography on libraries and does so by deceptively leaving out key information that would lead communities to be fully informed and make a decision opposite the one the NCAC wants.  As Alan Dershowitz would say, "She should go back to law school, where she will learn that it is never appropriate to submit an affidavit that contains a half truth, because a half truth is regarded by the law as a lie, and anyone who submits an affidavit swears to tell the truth, the whole truth and nothing but the truth."  And any organization seeking to push a community to allow porn in its public library better tell the truth, the whole truth, and nothing but the truth.

The NCAC, ALA, ACLU, PEN, AAP, ASJA, ABFFE, and IBPA have failed in that regard.


Case Study in Effect of NCAC Propaganda/Threats on Communities:

Be that as it may, when the NCAC propaganda is combined with legal threats, communities might fall right in line.


Harford County is Under Attack Right Now:

One such community under threat right now is the one involving the Harford County Public Library in Maryland.  Here is the NCAC cabal's first propaganda salvo across that communities' bow:
I just wrote about that library myself, and definitely read what the Annoyed Librarian said:

Notice how the NCAC uses the folding of Brevard County, Florida, to the NCAC's propaganda and legal threats as a basis for moving like locusts to the next community, in this case Harford County, Maryland:  "NCAC publicly opposed the removal of Fifty Shades of Grey in Brevard County, FL in May, writing three letters to public officials there.  After reading NCAC's letters, the library reconsidered their decision and once more allowed the books to circulate.  There are now almost 500 holds on 15 copies of the book."  That was no "reconsideration."  That was the NCAC and the ACLU holding a gun to the heads of the community leaders who feared looking like "censors."

And look, the letter sent by the NCAC group to Harford County is substantially similar to the letter sent to Brevard County.  This is what I meant by "moving like locusts to the next community," in addition to attempting to denude the community of its library selection policy.


A Look at the Brevard County Case:

Let us examine that Brevard County case in more detail.  It illustrates the propaganda razzle dazzle, the effect of threatening local communities, the full court press that is placed on a community (that is just now starting in Harford County).  Brevard County caved.  Let's examine why so we can learn how its done so the NCAC will have a harder time of fooling the next community.


Setting the Stage:

First, let me set the stage with the numerous relevant people, places, policies, cases as knowing this ahead of time will make things easier to understand.  You see, to see through the razzle dazzle, you have to see all relevant sources of information, not just those of the NCAC's choice.  Informed consent only happens when people are informed, not misinformed:


The People and Places:

American Civil Liberties Union [ACLU] @ACLU
ACLU Florida [ACLUFL or ACLU since it is a state affiliate] @ACLUFL
American Library Association [ALA] Office for Intellectual Freedom [OIF] @OIF:
  • "On rare occasion, we have situations where a piece of material is not what it appears to be on the surface and the material is totally inappropriate for a school library.  In that case, yes, it is appropriate to remove materials.  If it doesn't fit your material selection policy, get it out of there."  [Source:  "Marking 25 Years of Banned Books Week: An Interview with Judith Krug," by Curriculum Review, 46 Curriculum Review 1, September 2006, p.12.]
  • "The baggage that [the ACLU] carr[ies] with them ... [j]ust because of who they are and what their reputation is and what they do.  They bring a lot of baggage to court."  [Source:  "Speaking Our Minds: Conversations With the People Behind Landmark First Amendment Cases," by Joseph Russomanno, Lawrence Erlbaum Associates, Mahwah, NJ, 2002, p.420.]
Brevard County, Florida, USA @BrevardCo_FL:
  • "Brevard is home to the Kennedy Space Center and major space-related industries and employs a highly technical labor force."
Brevard County Libraries:
Catherine Schweinsberg, Library Services Department Director
E.L. James, author of the Fifty Shades trilogy @E_L_James
National Coalition Against Censorship [NCAC] @NCACensorship:


NCAC as Previously Exposed by SafeLibraries:

Articles I have written about the NCAC injecting itself into other matters are relevant to helping people understand the prior actions of the NCAC.  That may be relevant to deciding who much weight to give to NCAC pronouncements or demands in local community matters:


The Cases:

US v. American Library Association, 539 US 194 (2003) [US v. ALA], is mainly about Internet filters, but the plurality and various dissents discuss book selection policies, says that libraries have broad discretion to make decisions under these policies if not ideologically driven, anything-goes policies are not appropriate for public libraries, and most libraries exclude pornography from print collections:

     Public libraries pursue the worthy missions of facilitating learning and cultural enrichment.  Appellee ALA's Library Bill of Rights states that libraries should provide "[b]ooks and other ... resources ... for the interest, information, and enlightenment of all people of the community the library serves."  201 F. Supp. 2d, at 420 (internal quotation marks omitted).  To fulfill their traditional missions, public libraries must have broad discretion to decide what material to provide to their patrons.  Although they seek to provide a wide array of information, their goal has never been to provide "universal coverage."  Id., at 421. Instead, public libraries seek to provide materials "that would be of the greatest direct benefit or interest to the community."  Ibid.  To this end, libraries collect only those materials deemed to have "requisite and appropriate quality."  Ibid.  See W. Katz, Collection Development: The Selection of Materials for Libraries 6 (1980) ("The librarian's responsibility ... is to separate out the gold from the garbage, not to preserve everything"); F. Drury, Book Selection xi (1930) ("[I]t is the aim of the selector to give the public, not everything it wants, but the best that it will read or use to advantage"); App. 636 (Rebuttal Expert Report of Donald G. Davis, Jr.) ("A hypothetical collection of everything that has been produced is not only of dubious value, but actually detrimental to users trying to find what they want to find and really need").
....
A library's need to exercise judgment in making collection decisions depends on its traditional role in identifying suitable and worthwhile material....  Most libraries already exclude pornography from their print collections because they deem it inappropriate for inclusion.  We do not subject these decisions to heightened scrutiny....
.... 
[Justice Stevens dissent:]
      As the plurality recognizes, we have always assumed that libraries have discretion when making decisions regarding what to include in, and exclude from, their collections.  That discretion is comparable to the " 'business of a university ... to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study.' "  Sweezy v. New Hampshire, 354 U. S. 234, 263 (1957) (Frankfurter, J., concurring in result) (citation omitted).4  As the District Court found, one of the central purposes of a library is to provide information for educational purposes: " 'Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves.' "  201 F. Supp. 2d, at 420 (quoting the American Library Association's Library Bill of Rights).  Given our Nation's deep commitment "to safeguarding academic freedom" and to the "robust exchange of ideas," Keyishian v. Board of Regents of Univ. of State of N. Y., 385 U. S. 589, 603 (1967), a library's exercise of judgment with respect to its collection is entitled to First Amendment protection. 
[Justice Souter dissent, Justice Ginsburg joining:]
     Public libraries are indeed selective in what they acquire to place in their stacks, as they must be.  There is only so much money and so much shelf space, and the necessity to choose some material and reject the rest justifies the effort to be selective with an eye to demand, quality, and the object of maintaining the library as a place of civilized enquiry by widely different sorts of people.  Selectivity is thus necessary and complex, and these two characteristics explain why review of a library's selection decisions must be limited: the decisions are made all the time, and only in extreme cases could one expect particular choices to reveal impermissible reasons (reasons even the plurality would consider to be illegitimate), like excluding books because their authors are Democrats or their critiques of organized Christianity are unsympathetic.  See Board of Ed., Island Trees Union Free School Dist. No. 26 v. Pico, 457 U. S. 853, 870-871 (1982) (plurality opinion).  Review for rational basis is probably the most that any court could conduct, owing to the myriad particular selections that might be attacked by someone, and the difficulty of untangling the play of factors behind a particular decision.

Board of Education v. Pico, 457 US 853 (1982) [Pico]:

[Justice Brennan, joined by Justice Marshall and Justice Stevens, concluded:]
(c) Petitioners possess significant discretion to determine the content of their school libraries, but that discretion may not be exercised in a narrowly partisan or political manner. Whether petitioners' removal of books from the libraries denied respondents their First Amendment rights depends upon the motivation behind petitioners' actions. Local school boards may not remove books from school libraries simply because they dislike the ideas contained in those books and seek by their removal to "prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion." West Virginia Board of Education v. Barnette, 319 U.S. 624, 642 . If such an intention was the decisive factor in petitioners' decision, then petitioners have exercised their discretion in violation of the Constitution. Pp. 869-872. 
[Justice Blackmun concluded:]
[A] proper balance between the limited constitutional restriction imposed on school officials by the First Amendment and the broad state authority to regulate education, would be struck by holding that school officials may not remove books from school libraries for the purpose of restricting access to the political ideas or social perspectives discussed in the books, when that action is motivated simply by the officials' disapproval of the ideas involved.  Pp. 879-882

The Media:




How the ACLUFL/NCAC Letter Misleads Local Populations:

The NCAC letter to Brevard County dated 8 May 2012 misleads people by claiming a book's removal under the library's selection policy violates the First Amendment because the book had already been selected under the policy and cannot now be removed.  Besides, it claims, the library already has other similar books, and the book is extremely popular.  It also argues people should not "have their choices limited or dictated by the subjective and moralistic views of library or other public officials."  In support it cites an inapposite US Supreme Court finding about "prescrib[ing] what shall be orthodox," although removing material that does not meet the library's selection policy has nothing to do with that.  Allow me to address some of these issues later with regard to a subsequent NCAC letter.

The next NCAC letter was dated 15 May 2012.  It gathers many groups together to bring further pressure to bear on the library.  It claims, "A policy that excludes an entire category of works that are protected by the first amendment is a censorship policy, impermissible in a public library."  It then repeats the "political orthodoxy" case as if repeating it will suddenly make it relevant when it was not before.  It then presupposes that it knows better than the local community and the US Supreme Court by saying, "The idea that 'erotica' should be categorically excluded from public libraries has no merit."  Then the popularity mantra is repeated.  Why have local library policies at all if reliance on popularity is the standard to be used?  Lastly, they "strongly urge" the library to change its decision based on its view on the matter.

Then a third letter from the NCAC hit, this time with the ACLU's Florida branch, and this time with an open or implied legal threat.  I will discuss this third letter in detail as it is apparently the one that scared the community into doing as the ACLU/NCAC demanded in their "demand letter."


SafeLibraries Response to the "Demand Letter" of the ACLU/NCAC:

The following is my response to the ACLU/NCAC "demand letter":

The ACLU/NCAC starts out saying obvious truths: "Public libraries enrich our lives.  Books teach us; they entertain us; they confound us; and they challenge us.  And sometimes, they make us uncomfortable."  So far so good.  Then they take a turn down the road of attacking people, Brevard County people, Brevard County librarians, for being un-American censors:
But there is no room on library shelves for censorship.  The County's removal of 'Fifty Shades of Grey' from circulation simply because some readers may find its content offensive is un-American; it violates the First Amendment to the U.S. Constitution and Section 4 of the Florida Constitution; and it exposes the County Commission to potential liability for violations of those rights. 

In my experience, ACLU/NCAC letters are occasionally accompanied with some kind of legal threat, actual or implied.  And there it is: "exposes the County Commission to potential liability for violations of those rights."  This is intended to frighten the local community into action they want, instead of what the community wants or instead of no action.

For example, when the public library in Nampa, ID, finally, after years of effort trying, placed sexually explicit books behind the counter to prevent access by children, the ACLU sent a threatening letter that such action violates the First Amendment because people would be embarrassed to ask to see the books and the ACLU would sue.  The library, within a single week, reversing three years of effort, returned the books to the shelves.  But what the town did not have the time to realize, given the legal threat and the misinformation provided by the ACLU, was that the ACLU had already lost on that very same issue of embarrassment before the US Supreme Court in US v. ALA in which the ACLU was a party.  The ACLU never advised Nampa about that case, as it does not now advise Brevard County.  The ACLU raised an issue it knew it had already lost but that the local population would not know about.  That is deceptive to the core, and now the ACLU/NCAC is making similar demands with similar threats, right in Brevard County.  (I spoke with The Joy of Gay Sex co-author Felice Picano about this incident, but that's an aside [ safelibraries.blogspot.com/2008/10/dear-felice-picano-joy-of-gay-sex-co.html ].)

Where's the deception?  In the very claim that frightened the library into giving in to the ACLU.  Embarrassment.  You see, the ACLU had made that very same claim five years earlier in that Supreme Court case I mentioned above and lost on that issue.  The Court said, "the Constitution does not guarantee the right to acquire information at a public library without any risk of embarrassment."  So exactly why did the ACLU demand five years later that Nampa back down due to the embarrassment issue?  Obviously it had no substantive argument, thanks to US v. ALA, so legal threats and demand letters sufficed to fool the community, and it did, and the children suffered as a result.


Notice the ACLU/NCAC tugs on the community's heart strings, using the library's own words against it:
Many Brevard residents rely on the library.  Some cannot afford books; they don't own e-readers or tablets to which they can download books.  They rely on the "over one million, two hundred and fifty thousand books, periodicals and newspapers," in your seventeen brick and mortar branches, to "think more and become smarter."  
The ACLU/NCAC is mocking Brevard County, in case anyone did not notice.

Now comes the peer pressure—everyone else loves the book, what's wrong with you?:  "'Fifty Shades of Grey' is an international phenomenon, a love story about two consenting adults who express their passion for each other in ways that may startle some readers and offend others."  Then they name several serious literary works, some of which they point out are on Brevard County Libraries shelves.  Is Brevard County supposed to be a cookie cutter of everywhere else that peer pressure will cause it to violate its own book selection policy?  I hope not.

It's like the ACLU/NCAC cares not that local communities have selection policies in place or that local librarians get to make decisions based on that policy; rather, for them, it's anything goes: "None of these books is obscene; none, including 'Fifty Shades of Grey,' should be removed from circulation.  One reader's pleasure may be another's pain; 'one man's vulgarity is another's lyric.'  Cohen v. California, 403 U.S. 15, 26 (1971)."

Now what they say next is most significant, in part because it appears legitimate on its face, like the embarrassment claim in Nampa, and in part because it is completely false, like the US Supreme Court having already told the ACLU the embarrassment theory is not viable.  One can no longer trust the misinformation coming from the ACLU/NCAC after learning what I am about to expose—the media have totally missed this. The "demand letter" says:
In this case, those decisions had been made:  the book had already been purchased with the approval of the library selection committee.   Once a book of fiction is purchased and made available to the public, county officials and those acting on their behalf cannot remove the book from circulation based solely on its content.  That is government censorship, which is prohibited by the First Amendment to the U.S. Constitution.

That is flat out false.  First, common sense says librarians do not read and approve each book before it goes on the shelves.  Common sense says if you realize you have made a mistake and allowed a book that policy would otherwise have precluded, you can remove the book later.  That's just plain common sense.

But there is more damning evidence that will prove the ACLU/NCAC is flat out lying.  That evidence comes from an impeccable source, a source the ACLU/NCAC would never oppose because this person used her ACLU leadership position and knowledge to create the policy that anything goes in public libraries.  She's the reason why we are here looking at this issue.  This person even created Banned Books Week, created the American Library Association [ALA]'s Freedom to Read Foundation.  She created the ALA's OIF.  This person is Judith Krug.  Judith Krug said something that 1) the ACLU/NCAC did not even tell Brevard County, and that 2) says the exact opposite of the ACLU/NCAC's false claim that once a library selects a book, it may never be removed.  And that is why they did not tell Brevard County about this.

But I will.

Judith Krug pointed out that if you look at a book in a public school and you find it does not meet the selection policy, "get it out of there."  That's right, "get it out of there."  The ACLU/NCAC says the exact opposite, that once it's there, it stays.  The ACLU/NCAC just advised Brevard County of false information and failed to advise of contrary information.  This shows they are intentionally misleading communities to force their way on that community.

Let's look at that exact Judith Krug quote.  When Krug is asked, "Are there ever instances when you think it's appropriate for a school to ban a book?," she replies:
On rare occasion, we have situations where a piece of material is not what it appears to be on the surface and the material is totally inappropriate for a school library.  In that case, yes, it is appropriate to remove materials.  If it doesn't fit your material selection policy, get it out of there. 
See "Marking 25 Years of Banned Books Week: An Interview with Judith Krug" at http://safelibraries.blogspot.com/2011/09/marking-25-years-of-banned-books-week.html for the entire quote in full context.  The following sentence after what I quoted is about when a book does indeed fall within the selection policy, but that is not the present situation.

The ACLU/NCAC has not advised of this.  Instead, it advised the exact opposite.  How trustworthy is any organization that only gives part of the story, omits other parts, twists the part it gives, and threatens legal activity?

Notice how ACLU/NCAC goes on about all the law suits protecting "ideas" and "free speech" as if erotica/pornography is an "idea" instead of material of prurient interest, as if every library must allow in everything so as not to violate "free speech."  Listing all those law suits is supposed to impress people with their knowledge and experience.  This from the people who just misled and hid material on the issue of removing books after they have already been selected.

Think about it.  Libraries have materials reconsideration policies.  Why even have these policies if it an "un-American" violation of the First Amendment to remove anything already selected for the library?  Common sense, right?

And they also did not tell you that libraries are not open public fora where anything goes--rather, they are quasi public fora where the government gets to make decisions.  See US v. ALA in the context of Internet filters, http://laws.findlaw.com/us/539/194.html, although book selection is discussed there as well.  See?  You are making the decisions you may make that are perfectly legal and constitutional.  "The right to receive information, the right to read the chosen written word, is not subject to a majority vote.  The Bill of Rights protects our freedom to read what others may find offensive or vulgar."  Correct.  But it's a quasi public forum and you have the right to have a selection policy, apply it, then remove material that you later find does not meet that selection policy. Why even have a selection policy if you are will only end up being brow beaten by the ACLU/NCAC to allow in the very material your policy precludes?

Recall how the ACLU/NCAC left out important information from the ALA.  Now, the ACLU/NCAC finally cites the ALA when it suits their purposes: "'And Article III of the 'Library Bill of Rights' mandates that '[l]ibraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.'  The Brevard Public Library is doing the opposite:  it is embracing censorship and abdicating its responsibility to the public."  So now the ACLU/NCAC uses the ALA to tell you that you are practicing censorship and abdicating your responsibility to the public.  Before they failed to tell you the ALA says it is perfectly okay to remove a book after it has already been selected.  Deceptive, no?

By the way, the "Library Bill of Rights" is just a fancy name for a set a principles the ALA wants local libraries to follow.  And they still say it is "age" discrimination to keep children from inappropriate material even though the US Supreme Court has said at least twice that the ALA's age discrimination rule it buried in its "Library Bill of Rights" is false and should be edited out.  Board of Education v. Pico http://laws.findlaw.com/us/457/853.html and US v. ALA.

The ACLU/NCAC "urge[s] you to overturn the Library Board’s decision, return the volumes of 'Fifty Shades of Grey' to their rightful place on the public library shelves, and let your constituents decide for themselves what books they will read out of the 'over one million' books the Brevard County Library has purchased.  To do anything less will amount to a continuing constitutional violation."   They urge you to do this based on false information, misinformation, omitted information, and personal attack about your being "un-American" censors.  Then they threaten legal action to help nudge you to do what they want despite the legality of having, using, and applying book selection policies.  Don't fall for it.

And if they do sue you?  Don't cave in--their pleading will be filled with the very same misinformation already displayed because there is no legitimate reason why a library cannot apply its selection policy or its material reconsideration policy.  Instead, countersue for treble damages for their bringing vexatious litigation, just like in Nampa where they knew they already lost on the very issue that claimed applied in Nampa.

Feel free to contact me at any time should you wish to speak with me personally.  Contrary to the negative things the ACLU/NCAC said about you, you and your librarians are all to be commended for standing up to the pressure and doing what is right by your community, not what is demanded by the ACLU/NCAC based on false information and legal threats.

Sincerely yours,
           
Dan Kleinman
Library Watchdog
SafeLibraries


Brevard County Reaction to ACLU/NCAC Pressure:

The Brevard County reaction to the NCAC empty threat was to give in to the pressure, and fast.  These graphics will tell the story—basically you shout loudly about censorship and the local community members will cower under the weight of the false "censorship" charges:




"The ... elites have convinced themselves that they are taking a stand against cultural tyranny.  ....  [T]he reality is that it is those who cry 'Censorship!' the loudest who are the ones trying to stifle speech and force their moral world-view on others."  That is by Dan Gerstein, an independent consultant, former communications director for Joe Lieberman and a senior strategist for his presidential campaign. Clearly that is exactly what happened in Brevard County.  They did not want to "appear to be censoring," even though they were not, they were fully supported by the US Supreme Court and the library's own policy, and common sense says keeping porn out of libraries is not censorship.  Only the tempest in a teapot that the NCAC stirred up gave the appearance that it was censorship to keep porn out of a library, and the library folded.  Sad.


By The Way, Fifty Shades of Grey May Be Copyright Infringement:

A boss of mine told me that when people say, "by the way," that means pay attention as that may be the most important point.

By the way, Fifty Shades of Grey author E.L. James ("a pseudonym for London-based television executive Erika Leonard") may have violated the copyright of another.  If so, the book should be removed from every single library anywhere.

Here are articles that address this possibility of copyright infringement.  You decide:



Conclusion—What Will Your Community Do When the NCAC Comes Calling?

So this is how the NCAC pushes local communities and their libraries.  1) Write a letter threatening legal activity.  2) Make false statements designed to mislead/frighten local citizens, politicians, librarians.  3) Omit information that presents a completely opposite view.  4) Contact media in the area to repeat the NCAC misinformation to apply more pressure on the library to reverse its position.  5) Argue law and facts that may be correct but that are not applicable to the local situation.  6)  Attempt to bring pressure from all sources so fast and furious that local communities unfamiliar with the law and frightened of the national attention cave in as fast as possible.  7)  Above all, the ends justifies the means, so if you have to flat out lie to a local community such as with legal information you know to be false, do it; after all, most communities cave and, if not, there are almost no negative consequences for the NCAC, ACLU, ALA, etc.

Communities must not take NCAC threat letters as authoritative or legitimate.  They must not cave in immediately (or ever).  They must take the time to evaluate the NCAC statements to see if they are truthful, presenting the whole truth, and nothing but the truth.  Further, ensure that the NCAC letters are applicable.

In my experience, such letters have never been truthful.  They intentionally mislead local communities.  Think about this.  You write false and misleading letters to communities nationwide, get the media to repeat what you said without the slightest bit of fact checking, and with hardly lifting a muscle you just forced a community out of fear to do what you what.  And if in the rare case it doesn't work, then all you lost was an envelope and a stamp but you still got lots of press attention for use in the next community.

Don't let the media scare you either.  False claims of book banning and censorship help sell newspapers.  Besides, the NCAC misleads the media so they likely are not even aware they are merely repeaters instead of reporters.

So Brevard buckled and Harford is still holding.  I urge Harford County to continue holding and I wrote this hoping it may help.

What will your community do when the porn pushing NCAC sends the boilerplate propaganda group letter?

And if the book infringes someone's copyright, all copies everywhere should be removed and destroyed forthwith.  Interesting thought, no?


Debate Challenge and Offer of Media Availability:

I challenge the NCAC, ACLU, ALA, etc., to debate me on these issues, or Mary Hastler, or any of the other librarians they ignore or suppress.  They never debate because they know they are wrong.  In a rare case when a reporter confronted an ALA leader with accurate information from a library director, the ALA was surprised and admitted it made things up.  This is why they avoid debate.  They are paper tigers.

I invite media to contact me so they can report accurately instead of repeating the dogma.

THIS JUST IN
THE ALA DISAGREES WITH "BANNING" PORN FROM LIBRARIES




NOTE ADDED 13 JUNE 2012:

Fifty Shades of Grey author Erika Leonard, writing as E.L. James, has blocked my ability to follow her @E_L_James Twitter account.  I had been following for quite a while, tweeting about the topic occasionally, even sending her a heads up message here and there (like the one about Dr. Ruth), but never doing anything other than normal, polite Twitter activity that is common on Twitter.

After publication of this blog post that contains links addressing her possible copyright infringement, she has blocked my SafeLibraries Twitter account.

Is that a tacit admission of guilt confirming the copyright infringement?


NOTE ADDED 17 JUNE 2012:

Oh look.  Here's a local library director now emulating the big bullies to push porn on her community in NJ.  It illustrates an example of the NCAC and gang's propaganda and how it spreads:
  • "Hot Romance in Hudson County; Local Libraries Have Long Wait Lists for 'Shades of Grey,'" by Vanessa Cruz, Hudson Reporter, 17 June 2012:
    In response to the controversy about the book, [Hoboken Library Director Lena] Podles said, "I heard that some libraries that have in their policy that they do not purchase 'erotica.'  I personally do not think the libraries should have official policies on banning specific genre.  People's definitions and opinions are different; it is up to a person to make that choice."
So no more need for library selection policies, right?  Anything goes.


NOTE ADDED 18 JUNE 2012:

I just found a written ALA statement on the matter, as opposed to the more recent, spoken one promoting porn above.  This written statement does not promote porn and appears to take a reasonable tone, even leaving the final decision to the library, as it should.  I am republishing it here since, for reasons I do not understand, the web page on which it appeared is not longer accessible, at least not for the last day or so:


The American Library Association supports libraries and librarians across the country, who face difficult decisions every day about how to allocate scarce resources in order to meet the wide-ranging information needs of their communities.

To guide decisions about what materials to select for a collection, libraries develop selection policies, which outline the principles and priorities they will follow in selecting items for the library.  Libraries also strive to be responsive to the requests of community members in choosing materials.  Selection is an inclusive process that seeks out those materials that will best satisfy the community’s needs for information, entertainment, and enlightenment.

Recent controversy over the novel "Fifty Shades of Grey" has sparked discussion about the line between selection and censorship in libraries.  Where selection decisions are guided by the professional ethics of librarianship – which emphasize inclusion, access, and neutrality – libraries choosing not to purchase materials that fall outside their defined collection policies and needs are not censors.  Where partisan disapproval or doctrinal pressure guides libraries' decisions to select or remove materials, then censorship can result.

Materials like "Fifty Shades of Grey" challenge libraries' professional ideals of open, equitable, unbiased access to information.  They raise important questions about how libraries can best include and reflect the diversity of ideas in our society – even those which some people find objectionable.  In all circumstances, ALA encourages libraries making decisions about their collections to keep in mind their basic missions and the core values of intellectual freedom and providing access to information.

NOTE ADDED 19 JUNE 2012:

Another ALA statement on the matter, this one saying excluding "erotica" is "censorship, plain and simple."  It also says nothing about the US Supreme Court findings including that libraries traditionally exclude porn.  Then notice the very subtle legal threat:
  • "Controversy in Fifty Shades of Grey," by Barbara M. Jones, American Libraries, 15 May 2012:
    The IF Manual also contains information on how to write a good collection development policy—one that will not contain such statements as "no erotica."  Remember: Most library collections already contain literature with erotic passages that are constitutionally protected for adults.  Excluding all such sexually explicit material is censorship, plain and simple, and could cause legal problems for library management and the board.
I have placed a comment there, and in case it is "censored," I'll republish it here:

Here are some problems with this ALA statement:

1) "The IF Manual also contains information on how to write a good collection development policy—one that will not contain such statements as 'no erotica.' Remember: Most library collections already contain literature with erotic passages that are constitutionally protected for adults. Excluding all such sexually explicit material is censorship, plain and simple, and could cause legal problems for library management and the board."  Excluding erotica is not "censorship, plain and simple."

2) This ALA statement completely omits what the US Supreme Court said in US v. ALA that essentially says the exact opposite of what the ALA is saying.  SCOTUS says A) most libraries exclude pornography and B) libraries have broad discretion to apply their selection policies.  ALA says A) excluding erotica is "censorship, plain and simple," and B) libraries better look out for potential law suits for making bad selection decisions.  The ALA and SCOTUS statements are polar opposites.  Barbara M. Jones completely failed to disclose and address the SCOTUS statements that go against what she wants people to think.  It is not an unintentional omission precisely because her statements are effectively the opposite of those made by SCOTUS in the very case the ALA lost big legally and financially.  And the legal threat is empty because libraries have broad discretion afforded them as shown by the SCOTUS decision.

Those problems go to the very heart of the ALA statement and evidence that it may be substantially false and misleading.  And omitting the SCOTUS statements borders on dishonest.

Should anyone wish to read more, please see what I have written here:

NCAC Pushes Porn on Libraries; Fifty Shades of Grey Propaganda: Brevard Buckles, Harford Holds

http://safelibraries.blogspot.com/2012/06/ncac-pushes-porn-on-libraries-fifty.html

NOTE ADDED 27 JUNE 2012:

And another library properly applied its policy against erotica, despite the NCAC and what ALA said about "such statements as 'no erotica'":

  • "Fifty Shades of Grey Banned From Mobile's Library as 'Erotica,'" by Rena Havner Philips, Press-Register, 27 June 2012:
    [Library spokeswoman Amber] Guy said the library's selection criteria specifically prohibits "erotica," and, besides that, the book hasn't gotten very good reviews in various library and publishers' journals.

    The library's board was made aware that library officials chose not to purchase the book at this time, and its members "are in agreement with that," Guy said.
So Mobile Public Library sets another example for libraries to ignore ALA efforts to mislead communities into including erotica and porn in public library collections.


By the way, it is not "banned."  That's the media making up the news again.  Repeaters, not reporters.  The library simply applied its existing selection policy.




NOTE ADDED 17 JULY 2012:


For the many libraries deciding to allow Fifty Shades of Grey despite the law, policy, community standards, common sense, limited resources, poor quality, etc., consider the following, because you may be contributing:

  • "On 50 Shades of Grey and the Erotization of Male Domination," by Smash, Liberation Collective, 2 April 2012:
    In fact, BDSM practices actively oppress women.

    ....

    There is nothing transgressive or feminist about BDSM erotica or sexual practices.  The popularity of this new novel, as well as the Twilight series, show the way in which women cope with male violence and oppression by eroticizing male dominance.

NOTE ADDED 28 JULY 2012:

A major anti-porn advocate has come out against the book.  "This is a very retrograde and dangerous world for our daughters to buy into, and speaks to the appalling lack of any public consciousness as to the reality of violence against women."  Libraries that lend the book contribute to this.  Are you proud, librarians?

GAIL DINES is a professor of sociology and women's studies at Wheelock College in Boston.  Her latest book is Pornland: How Porn Has Hijacked our Sexuality (Beacon Press). She a founding member of Stop Porn Culture (stoppornculture.org).


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10 comments:

  1. GarrenWed Jun 13, 11:00:00 AM 2012

    I would push for inclusion through professional and popular channels, but of course I agree that legally this is a local decision rather than a First Amendment issue. It's a debate worth having, not stifling by suggestions of "significant First Amendment [...] issues."

    ReplyDelete
  2. AnonymousFri Jun 22, 01:10:00 PM 2012

    This is really detailed. Thanks. Who knew?

    ReplyDelete
  3. footnotegirlTue Jun 26, 12:55:00 PM 2012

    I find it disingenuous of Harford County Public Library to claim they don't add 'pornography' to their collection. Currently they have over 250 titles with the "Erotic Fiction" subject heading in their collection, many of which are way, way more prurient in nature than 'Fifty Shades'
    Apparently they're just against purchasing POPULAR erotica titles. That people might notice.
    That said, I thought that it was community standards that should prevail, and it seems clear from the hold lists of pretty much every public library that carries E.L. James books that the community standards in this case are "Yes, please buy more of this."

    ReplyDelete
  4. UnknownThu Aug 01, 08:13:00 AM 2013

    Thank you so much for the wonderful book!
    Fifty Shades Of Grey

    ReplyDelete
    Replies
    1. SafeLibraries®Thu Aug 01, 08:46:00 AM 2013

      Yes, lot's of people think the book is wonderful:

      "Guantanamo Detainees Can't Get Enough 'Fifty Shades of Grey,'" by Jessica Chasmar, The Washington Times, 30 July 2013.

      Delete
  5. UnknownMon Aug 05, 08:03:00 AM 2013

    I am awaiting for the releasing of the movie fifty shades

    ReplyDelete
  6. UnknownFri Aug 09, 01:09:00 PM 2013

    I can't wait for the movie. I loved the books. I should agree these are the best written books.
    The Movie Fifty Shades Of Grey

    ReplyDelete
  7. AnonymousMon Aug 26, 08:44:00 AM 2013

    The Movie Fifty shades of grey
    Awesome book Fifty shades of grey Thanks for book E L James waiting for movie....

    ReplyDelete
  8. UnknownTue Aug 27, 08:13:00 AM 2013

    Great review!!!
    Thanks for sharing..
    You are a great writer EL James.....
    Christian Grey

    ReplyDelete

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