Intellectual Freedom and Libraries: The Public Sphere and Theories of Intellectual Freedom

1. Intellectual Freedom and Libraries: The Public Sphere and Theories of Intellectual Freedom

2. Review and Overview Review: First Amendment, Limits, and ALA Questions? Overview Ethical Theory Characterizations of Intellectual Freedom IF Skeptics

3. Quiz #2 What is the �public sphere�? Explain the �harm principle� and the �offense principle.� Use an example to illustrate the difference. What is the �collectivist theory� of free speech? What does Fish mean when he says �There is no such thing as free speech�? What does Marcuse mean by �repressive tolerance�? Give an example.

4. Ethical Theory Utilitarianism and Rights Theory Utilitarianism: Weigh harms against benefits. Pick whatever has greater benefits over harms. Rights Theory: Do what respects the rights of those involved. Weighing of harms and benefits is inappropriate when someone�s rights are at stake.

5. Types of Rights All rights impose duties on others. Liberty Rights: Freedoms from interference by the government. Free speech is understood as a liberty right--the government has a duty to refrain from interfering with my right to speak, write, publish, etc. Welfare Rights: Duty of the government to supply some good. Some aspects of intellectual freedom may involve welfare rights (e.g., right to publicly funded libraries).

6. Sources of Rights �Choice Theories:� A right is a protected choice. We are free beings capable of making our own decisions and should not be interfered with (e.g., who to marry, whether and how to worship). �Interest Theories:� A right is a protected interest. We are human beings with fundamental needs that should be respected (e.g., education, basic physical safety).

7. Right to Intellectual Freedom What is �intellectual freedom�? What is it freedom to do (liberty)? What is it a right to be provided with (welfare)?

8. Features of IF A right to communicate. A right to not receive communication. A right to seek out communications (and other information?). Importance of Interpretation by the receiver: I may not receive the message you want to send via your communication. There is no �one� fixed meaning attached to an act of communication.

9. Why is IF so important? Why should I be free to do these things, especially if there might be some inconvenience, cost, etc. to others?

10. Autonomy Argument �[I]nformation itself is morally neutral but, in the context of guided inquiry, it supports the development of personal autonomy and personal agency� (Pierce and Alfino, 2001, 481). Auto (self) Nomos (law or rule): to be autonomous is to be capable of ruling yourself. It is contrasted with �heteronomy� or being ruled by another. In order to rule myself I must be able to: (1) express my interests and concerns, (2) form my own plans, (3) have the basic information needed to carry out my plans.

11. Collectivist Argument Marketplace of Ideas J.S. Mill: If we suppress speech we may suppress the truth, or we will fail to understand our reasons for our beliefs. Ultimately this will also enhance autonomy by providing a broad range of ideas and �experiments in living.� Democracy Argument--Public Sphere Must have full access to information needed to make choices as a democratic citizen. Our society depends on the ability of the public to discuss, communicate, and form a shared perspective. Promotes our capacity to share in the formation of laws, policies, etc.

12. Balancing? Arguments v. �balancing� IF against other interests. Slippery Slope: Once we start trading off IF agaisnt other goods, where will we stop? Maximalism:IF is so important that no other interest can ever be more important. Minimalism: Speech itself never causes harm, so it is simply pointless to suppress it. (�Books don�t kill people, people kill people.�)