The Library Juice Press Handbook of Intellectual Freedom: Concepts, Cases, and Theories

482 Pages·2014·4.087 MB·English

by  Mark Alfino, Laura Koltutsk

The Library Juice Press
Handbook of
Intellectual Freedom

The Library Juice Press
Handbook of
Intellectual Freedom
Concepts, Cases, and Theories
Mark Alfino and Laura Koltutsky, Editors
Library Juice Press
Sacramento, California
Copyright 2013 respective authors.
Published in 2014 by Library Juice Press.
Library Juice Press
PO Box 188784
Sacramento, CA 95818
http://libraryjuicepress.com/
This book is printed on acid-free, sustainably-sourced paper.
Layout by Martin Wallace.
The image used on the cover is “Stigma Poem No 5,” by Nadia Plesner.
Nadia Plesner fought a legal battle with Louis Vuitton for the right to use their
brand images as an element of her work. Her case went to the Hague, where
the European Court of Justice decided in her favor in 2011.
Library of Congress Cataloging-in-Publication Data
The Library Juice Press handbook of intellectual freedom : concepts, cases
and theories / edited by Mark Alfino and Laura Koltutsky.
pages cm
Includes bibliographical references and index.
Summary: “Provides a grounding in the philosophical, historical, and legal
development of the concept of intellectual freedom by providing current
thinking on a range of intellectual freedom concepts, cases, and controver-
sies”-- Provided by publisher.
ISBN 978-1-936117-57-4 (alk. paper)
1. Intellectual freedom. 2. Intellectual property. 3. Privacy, Right of. 4.
Academic freedom. 5. Freedom of information. 6. Censorship. 7.
Libraries--Censorship. I. Alfino, Mark, 1959- , author, editor of compilation. II.
Koltutsky, Laura, author, editor of compilation. III. Title: Handbook of
intellectual freedom.
JC598.L534 2014
323.44--dc23
2014000835
Contents
Contents v
Acknowledgements vii
Advisory Board viii
Contributors ix
Introduction 1
Part One: Theories from the Humanities and Politics
Philosophies of Intellectual Freedom
~ Mark Alfino 9
Gramsci, Hegemony, and Intellectual Freedom
~ Douglas Raber 41
Habermas and Intellectual Freedom
~ John Buschman 71
Feminism and Intellectual Freedom
~ Lauren Pressley 90
Neoliberalism and Intellectual Freedom
~ Laura Koltutsky 104
Part Two: Media, Access, and Property
JournalismforSocialJustice
~ Susan Forde 131
Intellectual Property and Intellectual Freedom
~ Robert Tiessen 148
vi The Library Juice Press Handbook of Intellectual Freedom
The Internet and Intellectual Freedom
~ Elizabeth A. Buchanan 166
The Open Access Movement
~ Olivier Charbonneau 178
Part Three: Laws, Rights, and International Intellectual Freedom
IntellectualFreedomfromwithintheInternationalHuman
Right to Freedom of Thought, Conscience, and Religion
~ Leonard Hammer 201
Hate Speech
~ Tomas A. Lipinski and Kathrine Henderson 223
Intellectual Freedom and U.S. Government Secrecy
~ Susan Maret 247
Intellectual Freedom and Privacy
~ Neil M. Richards and Joanna F. Cornwell 282
DefamationLawandIntellectualFreedom
~ Dale A. Herbeck 301
Part Four: The Arts, Social, Cultural, and Professional Life
Religion and Intellectual Freedom
~ Emily J. M. Knox 321
Art Censorship Today
~ Svetlana Mintcheva 334
Sex and Intellectual Freedom
~ Robert P. Holley 363
SexualOrientationandGenderExpression
~ James V. Carmichael 380
IntellectualFreedomandLibraries
~ Loretta Gaffney 405
Journalism and Intellectual Freedom
~ Joe Cutbirth 422
Academic and Intellectual Freedom
~ Mark Alfino 440
Index 461
Acknowledgements
Both Laura and I would like to thank our authors first. Special thanks to
Rory Litwin, Toni Samek, Robert Hauptman, as well as other Advisory
Board members, Mary Minow, Alvin Schrader, Jim Kuhn, Laura Quilter,
Elizabeth Buchanan, Siva Vaidhyanathan, and Tara Robertson.
Laura Koltutsky would like to thank her employers, her colleagues, her
family, and all of the teachers in her life. Special thanks to Toni Samek and
Hope Olson who helped me to find my professional voice.
Mark Alfino would like to acknowledge the support of Gonzaga Univer-
sity for this work, as well as the ongoing support of his family, friends, and
colleagues.
Advisory Board
Elizabeth Buchanan, Center for Applied Ethics, University of Wisconsin-Stout
Robert Hauptman, professor emeritus, St. Cloud State University
Jim Kuhn, Department of Rare Books and Special Collections, University of
Rochester
Rory Litwin, Library Juice Press
Mary Minow, LibraryLaw.com
Laura Quilter, Copyright and Information Policy Librarian, UMass Amherst
Tara Robertson, British Columbia College and Institute Library Services
Toni Samek, School of Library and Information Studies, University of Alberta
Alvin Schrader, Professor Emeritus, School of Library and Information Studies,
University of Alberta
Siva Vaidhyanathan, Department of Media Studies, University of Virginia
Contributors
Mark Alfino is a Professor of Philosophy at Gonzaga University. He has written
on a wide range of topics, including information ethics. His writing has appeared
in Library Trends, the Journal of Information Ethics, Social Theory and Practice
and other journals. He co-authored Information Ethics for Librarians (McFar-
land 1997) with Linda Pierce and co-edited McDonaldization Revisited: Critical
Essays in Consumer Culture (Praeger 1998, with Caputo and Wynyard).
Elizabeth Buchanan holds an endowed Chair in Ethics and is Director of the
Center for Applied Ethics at the University of Wisconsin-Stout. She has been a
Visiting Research Fellow at the University of Oxford’s E-Social Science Center,
and has been a Lecturer at the Upper Austrian University of Applied Science in
Hagenberg, Austria since 2010.
John Buschman is Dean of University Libraries at Seton Hall University. He
holds a Doctor of Liberal Studies from Georgetown University where he was
Associate University Librarian for Scholarly Resources & Services prior to mov-
ing to Seton Hall. He is author of, among other books, Dismantling the Public
Sphere: Situating and Sustaining Librarianship in the Age of the New Public
Philosophy (Libraries Unlimited/Greenwood 2003) and most recently Libraries,
Classrooms, and the Interests of Democracy: Marking the Limits of Neoliberal-
ism (Scarecrow/Rowman & Littlefield, 2012).
James V. Carmichael, Jr. is Professor of Library and Information Studies at The
University of North Carolina at Greensboro. He received his undergraduate and
master’s degree from Emory University and his doctorate from The University
of North Carolina at Chapel Hill. He has written extensively on southern library
history, gender issues, and gay library history.
Olivier Charbonneau is an Associate Librarian at Concordia University, pri-
marily interested in copyright issues as well as questions of open access and so-
cial media. In addition to his role as liaison librarian for the John Molson School
x The Library Juice Press Handbook of Intellectual Freedom
of Business, he is a doctoral student at the Faculté de droit, Université de Mon-
tréal. He keeps a French blog about his research at www.culturelibre.ca and an
English blog at www.outfind.ca about his liaison role.
Joanna Cornwell is a litigation associate at Winston & Strawn, LLP, who joined
the firm’s Chicago office in 2012. She counsels clients on compliance with pri-
vacy and data security laws and regulations as well as complex commercial and
patent litigation matters. Prior to law school, she worked for four years in several
government policy and information technology consulting positions and was cer-
tified as an Information Privacy Professional (CIPP).
Joe Cutbirth is Assistant Professor of Communication at Manhattan College,
where he directs the journalism program and is a fellow at the Manhattan Col-
lege Ethics Center. His research examines the efficacy of nontraditional media
and nontraditional media narratives in political discourse. He worked nearly 20
years as a journalist and communications professional before earning his Ph.D.
at Columbia University.
Susan Forde is and Associate Professor and Head of the School of Humani-
ties at Griffith University, Australia. She is the author of Challenging the News:
The Journalism of Alternative & Community Media (Palgrave Macmillan, 2011)
and the co-author of Developing Dialogues: Indigenous and Ethnic Community
Broadcasting (Intellect 2009, with Meadows & Foxwell). She currently leads
the media and journalism research program in the Griffith Centre for Cultural
Research.
Loretta M. Gaffney is a Lecturer and Visiting Researcher at UCLA’s Dept. of
Information Studies, where she teaches courses on intellectual freedom, reading
research, and youth services librarianship. A former middle school librarian, she
defended her dissertation, “Intellectual Freedom and the Politics of Reading” in
2012. Loretta’s current research projects include teen reading, school librarians’
knowledge, and Tea Party-related book challenges in libraries and schools.
Leonard Hammer is a Senior Lecturer at the Rothberg International School,
Hebrew University and the David and Andrea Stein Visiting Professor for Mod-
ern Israel Studies at the Judaic Studies Department, University of Arizona. He
has written about freedom of conscience and religion as an international human
right and also on topics such as sacred space and migrant workers.
Kathrine Henderson is the research librarian for the State of Arizona, Office
of the Auditor General. She conducts research across many disciplines with the
purpose of determining best practices for state agencies, boards, commissions
and authorities. She also provides legal research in areas such as legislative intent
and documentation of changes to statute and rule. Prior to joining the office in