Help Fund the Library Legal Defense Fund
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The Goal for the Library Legal Defense Fund
The Library Legal Defense Fund supports libraries and librarians when the courts are the only recourse to preserve and defend the rights of individuals, families, and communities to read, access, learn, and thrive.
Needs Case
Across the United States, Americans are facing unprecedented restrictions on access to public libraries and school libraries that are being advanced by an unusual and effective alliance of local and national groups. These groups are focused on eliminating public education, criminalizing LGBTQ people, dismantling civil rights protections, restricting cultural awareness of POC, and destabilizing civil society. The nature of the attacks on libraries and librarians includes hundreds of politicized book bans, state legislation intended to curtail access to information, local efforts to defund libraries, and initiatives to deconstruct and dismantle the legal basis for libraries to serve their communities. As a fundamental leveler in society and schools, libraries are intended to provide free and equal access to information for everyone regardless of personal means or social identity.
According to independent research supported by the EveryLibrary Institute, book bans disproportionately target LGBTQ and BIPOC stories and authors. This is not surprising given the regressive social agenda of the groups advancing the bans and challenges. When library collection development policies are followed, many of the bans are rejected and overturned. However, in numerous schools and public libraries, due process is ignored and books are banned and stories are silenced. For most libraries, there is no recourse of action when the local municipal attorney is a political appointee or when illegal actions are taken to remove books from the library. It is these types of politicized and targeted book bans that would concern the LLDF.
Likewise, the 2021-2022 state legislative sessions have seen the most troubling anti-library legislation we have confronted in generations. We have identified and campaigned against legislation in over a dozen states that look to fundamentally alter and diminish the way that public libraries and school libraries operate and function. These include bills that are based upon fabricated database search results in order to maintain a claim that library databases contain materials that are harmful to minors. Some legislation eliminates a public library board's role in reviewing and answering materials challenges, defunds school and public libraries Other legislation denies access to so-called “harmful materials” and prohibits discussions relating to race and sex in ways that they consider “coercive.” Many bills go so far as to prohibit books that positively reflect the experiences of LGBTQ+ and BIPOC Americans. Of the most pernicious are bills that expose librarians and educators to prosecution under obscenity and harmful to minors laws, putting our colleagues in danger of baseless criminal charges, spurious lawsuits, and significant fines. Individual book bans matter, but state legislation that attacks the very structure of libraries, and therefore the ability of librarians to serve without fear or favor, is also of grave concern.
The EveryLibrary Institute, EveryLibrary, and other pro-library groups have been successful in pushing back through grassroots organizing, coalition building, smart policy work, and targeted media relations. Despite our best efforts, political forces in some states, counties, and school districts succeed in advancing their anti-library agendas. In several of those places, we see that the only recourse is in appealing to the courts. The EveryLibrary Legal Defense Fund is intended to provide a robust defense of Civil Rights and First Amendment rights in federal courts, and to support a legal framework across education and local government that includes functioning libraries.
A Recourse to the Courts
While unfair practices, unjust laws, and illegal activities have been directed at libraries throughout American history, the recent cadence of attacks on libraries is unprecedented and shows no signs of stopping. While the EveryLibrary Institute and EveryLibrary are actively involved in policy issues, community organizing, and the political process, having a well-equipped and capable Defense Fund in place and ready to act will empower us to defend libraries to the fullest. At certain times the political process breaks down, special interests wield power, and minority groups are further marginalized. Access to the courts is a necessary and basic component of ensuring that libraries continue to exist, but in civil matters, there is no right to a pro-bono attorney. Without a Legal Defense Fund, we lack a key component of a strategy to ensure that libraries are available to everyone without fear or favor.
Anticipating Activity in State and Federal Courts
We anticipate that the EveryLibrary Legal Defense Fund will be active in both state courts and federal courts. Because there are times when Constitutional principles like free and fair access, free speech, assembly, and civil rights are impinged or under threat, we anticipate that the LLDF will participate in federal cases. Likewise, there are core issues about the legal basis for public libraries and for education that are enshrined in state statutes. This means that the LLDF must also anticipate robust engagement across multiple jurisdictions.
What happens when people lose faith in their libraries because the libraries can no longer fulfill their uniquely American mission? In schools, it means that the quality and impact of education suffer while students miss out on reading stories that support and strengthen their interests and identities. A diminished or dismantled public library in our towns and neighborhoods means less opportunity for individuals, families, and groups. In the face of such organized and strident opposition to what libraries represent and who libraries serve, we believe that a properly resourced Library Legal Defense Fund will be successful in supporting and defending our American values.
LLDF Budget and Support
The Library Legal Defense Fund will conduct three critical activities to address otherwise unmet needs:
- Provide legal aid or pro-bono counsel to pro-library parties in suits in state and federal court;
- Provide legal advice to libraries, library organizations, and parties with standing on matters that could come before a court;
- Join and otherwise support suits brought by other parties where appropriate.
The Goal for the Library Legal Defense Fund
The Library Legal Defense Fund supports libraries and librarians when the courts are the only recourse to preserve and defend the rights of individuals, families, and communities to read, access, learn, and thrive.
Needs Case
Across the United States, Americans are facing unprecedented restrictions on access to public libraries and school libraries that are being advanced by an unusual and effective alliance of local and national groups. These groups are focused on eliminating public education, criminalizing LGBTQ people, dismantling civil rights protections, restricting cultural awareness of POC, and destabilizing civil society. The nature of the attacks on libraries and librarians includes hundreds of politicized book bans, state legislation intended to curtail access to information, local efforts to defund libraries, and initiatives to deconstruct and dismantle the legal basis for libraries to serve their communities. As a fundamental leveler in society and schools, libraries are intended to provide free and equal access to information for everyone regardless of personal means or social identity.
According to independent research supported by the EveryLibrary Institute, book bans disproportionately target LGBTQ and BIPOC stories and authors. This is not surprising given the regressive social agenda of the groups advancing the bans and challenges. When library collection development policies are followed, many of the bans are rejected and overturned. However, in numerous schools and public libraries, due process is ignored and books are banned and stories are silenced. For most libraries, there is no recourse of action when the local municipal attorney is a political appointee or when illegal actions are taken to remove books from the library. It is these types of politicized and targeted book bans that would concern the LLDF.
Likewise, the 2021-2022 state legislative sessions have seen the most troubling anti-library legislation we have confronted in generations. We have identified and campaigned against legislation in over a dozen states that look to fundamentally alter and diminish the way that public libraries and school libraries operate and function. These include bills that are based upon fabricated database search results in order to maintain a claim that library databases contain materials that are harmful to minors. Some legislation eliminates a public library board's role in reviewing and answering materials challenges, defunds school and public libraries Other legislation denies access to so-called “harmful materials” and prohibits discussions relating to race and sex in ways that they consider “coercive.” Many bills go so far as to prohibit books that positively reflect the experiences of LGBTQ+ and BIPOC Americans. Of the most pernicious are bills that expose librarians and educators to prosecution under obscenity and harmful to minors laws, putting our colleagues in danger of baseless criminal charges, spurious lawsuits, and significant fines. Individual book bans matter, but state legislation that attacks the very structure of libraries, and therefore the ability of librarians to serve without fear or favor, is also of grave concern.
The EveryLibrary Institute, EveryLibrary, and other pro-library groups have been successful in pushing back through grassroots organizing, coalition building, smart policy work, and targeted media relations. Despite our best efforts, political forces in some states, counties, and school districts succeed in advancing their anti-library agendas. In several of those places, we see that the only recourse is in appealing to the courts. The EveryLibrary Legal Defense Fund is intended to provide a robust defense of Civil Rights and First Amendment rights in federal courts, and to support a legal framework across education and local government that includes functioning libraries.
A Recourse to the Courts
While unfair practices, unjust laws, and illegal activities have been directed at libraries throughout American history, the recent cadence of attacks on libraries is unprecedented and shows no signs of stopping. While the EveryLibrary Institute and EveryLibrary are actively involved in policy issues, community organizing, and the political process, having a well-equipped and capable Defense Fund in place and ready to act will empower us to defend libraries to the fullest. At certain times the political process breaks down, special interests wield power, and minority groups are further marginalized. Access to the courts is a necessary and basic component of ensuring that libraries continue to exist, but in civil matters, there is no right to a pro-bono attorney. Without a Legal Defense Fund, we lack a key component of a strategy to ensure that libraries are available to everyone without fear or favor.
Anticipating Activity in State and Federal Courts
We anticipate that the EveryLibrary Legal Defense Fund will be active in both state courts and federal courts. Because there are times when Constitutional principles like free and fair access, free speech, assembly, and civil rights are impinged or under threat, we anticipate that the LLDF will participate in federal cases. Likewise, there are core issues about the legal basis for public libraries and for education that are enshrined in state statutes. This means that the LLDF must also anticipate robust engagement across multiple jurisdictions.
What happens when people lose faith in their libraries because the libraries can no longer fulfill their uniquely American mission? In schools, it means that the quality and impact of education suffer while students miss out on reading stories that support and strengthen their interests and identities. A diminished or dismantled public library in our towns and neighborhoods means less opportunity for individuals, families, and groups. In the face of such organized and strident opposition to what libraries represent and who libraries serve, we believe that a properly resourced Library Legal Defense Fund will be successful in supporting and defending our American values.
LLDF Budget and Support
The Library Legal Defense Fund will conduct three critical activities to address otherwise unmet needs:
- Provide legal aid or pro-bono counsel to pro-library parties in suits in state and federal court;
- Provide legal advice to libraries, library organizations, and parties with standing on matters that could come before a court;
- Join and otherwise support suits brought by other parties where appropriate.