Courts have been inconsistent in applying the First Amendment to public libraries. Libraries make decisions about books to add and to remove from collections, about providing full or filtered access to the Internet, and about how to regulate library user behavior. Should courts apply a high level of scrutiny to public library decisions about access to speech? Or, should courts defer to libraries, as the Supreme Court plurality did in U.S. v. American Library Association in 2003? This presentation shares information about how varying levels of judicial scrutiny affect library behavior and how this behavior affects commonly attributed goals of the First Amendment.
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