Library Complaint and Censorship Records (Worcester Public Library)
| Submitted | March 12, 2013 |
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Communications
From: Chris Peterson
To Whom It May Concern:
This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10) for a copy of the following records:
Copies of written and electronic complaints and challenges for removal, reclassification, or other reconsideration of publications including books, magazines, movies, websites (e.g. filtered from library computers), or other media from January 1, 2010, to present, as well as records, petitions, and correspondence related to these challenges.
We seek such records as, for example, are classified by the Massachusetts’ Supervisor of Public Records Municipal Records Retention Manual under Section 17.004: Complaint and Censorship Records, though we do not limit our request to those so classified.
According to 950 CMR 32.06(5), every custodian of records is encouraged to waive fees where disclosure would benefit the public interest, as we believe these will. This request is part of a research project by the Center for Civic Media to better understand how and why library materials are challenged in the State of Massachusetts. We are committed to open access and plan to make our findings broadly available to the public. If fees cannot be waived please inform me in advance.
We ask that, if possible, you please respond via email with text documents or clear, high-quality scanned PDFs. If you cannot reply electronically, please mail us the best quality copies you reasonably can. Your efforts helps us ensure broad accessibility and equity.
The statute requires your response to this request within 10 business days. Thank you in advance for your cooperation in helping us better understand this important aspect of the work that you do. Please feel free to email me directly if you have any further questions.
Best,
- Chris Peterson
Research Assistant
Center for Civic Media
Massachusetts Institute of Technology
From: Wei Jeng-Chu
Dear Mr. Peterson,
This is in response to your request dated Tuesday, March 12 regarding a public records request that the Worcester Public Library received concerning complaints and challenges for removal, reclassification, etc., of certain publications & library media and any documents related to those challenges from January 1, 2010 to present (your email below).
We have searched our records and have only located one record that a patron has made to the library as a "copy" to the complaint, which is directed at the publisher (author). I am denying access to the patron' name and address, and any other identifying information which may be found on the complaint. This information is exempt from release under the Public Records Law G.L. c.4, 7, Twenty - sixth, (k) (see MGL c.78, 7) which reads, "...records of a public library which reveals the identity and intellectual pursuits of a person using such library shall not be a public record as defined by clause Twenty-sixth of section seven of chapter four." Furthermore, this information is exempt because an individual's right to privacy outweighs the general public's interest in seeing that personal identifying information. See Georgiou v. Commissioner Of Dept. Of Indus. Accidents (2006) 854 N.E.2d 130, 67 Mass.App.Ct. 428<https://a.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=2010347033&pubNum=0000578&originationContext=notesOfDecisions&contextData=%28sc.Document%29&transitionType=NotesOfDecisionItem>
Besides the one record listed above, the Library has no other documents that are responsive to your request.
From: Chris Peterson
Hello,
Thank you for your response. I believe you meant to attach the complaint to the email, but there was no attachment. Could you resend?
Thank you.
From: Wei Jeng-Chu
Dear Mr. Peterson,
This is in response to your request dated Tuesday, March 12, 2013, under the Massachusetts Public Records Law seeking access to written and electronic complaints the Worcester Public Library received and challenges for removal, reclassification, or other reconsideration of publications including books, magazines, movies, websites (e.g. filtered from library computers), or other media from January 1, 2010, to present, as well as records, petitions, and correspondence related to these challenges. (email below).
We have searched our records and have only located one record that a patron has made to the library as a “copy” to the complaint, which is directed at the publisher (see attached patron complaint). I am denying access to the patron' name and address, and any other identifying information which may be found on the record. This information is exempt from release under the Public Records Law G.L. c.4, 7, Twenty - sixth, (k) (see MGL c.78, 7) which reads, "...records of a public library which reveals the identity and intellectual pursuits of a person using such library shall not be a public record as defined by clause Twenty-sixth of section seven of chapter four." Furthermore, this information is exempt because an individual's right to privacy outweighs the general public's interest in seeing that personal identifying information. See Georgiou v. Commissioner Of Dept. Of Indus. Accidents (2006) 854 N.E.2d 130, 67 Mass.App.Ct. 428
Besides the one record listed above, the Library has no other documents that are responsive to your request.
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