‘You can decide what books your child can read, but you have no right to tell others what they can get at public library’

Damakant Jayshi | Wausau Pilot & Review

The principle of parental responsibility surfaced again during the Marathon County Public Library regular meeting on Monday, amid another discussion in Wausau on a proposed rating system. Another topic centered on the subjectivity and potential bias of those who would perform such ratings – and whether that very act infringes upon the rights of those who want access to those materials.

Most who spoke publicly at Monday’s MCPL Board of Trustees meeting again asked those interested in removing books or having a book rating system in the library to be responsible for their own children, not others. Critics of the proposal said parents have the right to decide which books from the library their children can read – but they have no right to make decisions for someone else.

Speakers in favor of implementing a rating system accused the library of hosting “pornographic material” with sexual content that could harm children. Speakers against the idea suggested such a system could violate the First Amendment and pointed to free information online that details content to help parents make informed decisions on what their children can access.

Others requested the trustees do not give in to what they called a religious agenda pushed by a few and to respect the rights of everyone in the community. At least one speaker asked people to advocate for sensible gun laws instead of going after books.

Unidentified group pushes book rating proposal

Last week, a group calling itself ‘Citizens for Decency in our Library’ placed an ad in the City Pages urging people to “come and stand up for the children at the library board meeting.” The newspaper published a statement on the newspaper’s Facebook page noting that language identifying the group paying for the ad was inadvertently left off the published version of the ad due to a production error. Who specifically is behind the group and paid for the ad is unclear, as the organization does not have a verifiable online presence and does not appear in a search of the Wisconsin Dept. of Financial Institutions database of corporate records.

Several users responded to the City Pages information on its Facebook, as well as on the Wausau Pilot & Review’s page.

The group, in its ad, suggested a rating system similar to what has been adopted by movie, video game and TV producers for the library. But the American Library Association states that those organizations are private entities, while the public library is a government body that cannot restrict access to materials, a crucial difference from a legal standpoint.

One woman who identified herself as a grandmother accused the people calling for a rating system as “ignorant” about concepts, saying that children will come across all concepts eventually – whether at the library, home or outside.

Another drew laughter by saying if you ban books, children will find a way to read them anyway.

‘Library could be subject to litigation if rating system adopted’

Corporate Counsel Michael Puerner, who was asked to brief the trustees on the legal implications of public library rating system, said that courts have yet to decide on the idea but pointed out that First Amendment rights are an issue if a book is not accessible to someone trying to get it.

“The constitutionality of a ratings system at a public library is dependent upon whether the proposed ratings are applied in a viewpoint neutral manner,” Puerner told Wausau Pilot & Review. “A rating system that precludes or dissuades an individual from accessing a particular library item is likely to subject a library to constitutional legal challenges.”

Puerner added restricting access to books cannot be based upon an intent to deny access to particular ideas.

During the discussion Monday, board member Brent Jacobson asked Puerner to clarify what constitutes a session of a library board. If Monday’s meeting was a part of the same session that rejected the rating system last month, the matter cannot be voted as long as the current session continues.

Puerner replied that procedural rules prohibit an item that has already been decided by a governmental body from being brought up and voted on again by that body during the same session as the prior vote. He added he would research the procedural questions and get back to the board.

The topic of the book rating system was back on the agenda after a board member asked last month if they could get a legal opinion from corporation counsel. The MCPL Board of Trustees voted down a prior book rating proposal in July while also deciding to retain a challenged book. In doing so, they endorsed decisions of a review committee that rejected the proposal to rate books and remove a book from its current shelf position.

During the discussion, Jacobson pointed out that restricting access to vulgar materials has been found to be constitutional. Puerner agreed by noting “generally true,” but added what constitutes vulgar or harmful material is a subjective decision.

Board trustee Gary Gisselman said he was not in favor of the rating system as it depended on who was making the decision.

The library board took no action on Monday.

.