Criticism
Shirley Wiegand, professor emeritus of law at Marquette University, asserts that the Library Bill of Rights uses rhetoric disconnected from the legal understanding of "rights", such as "Bills of Rights", and "rights" themselves, are legally enforceable and backed by well-developed arguments. The Library Bill of Rights has no such force or backing, because it is simply a statement of principles. Wiegand argues that the Library Bill of Rights (and the accompanying rhetoric) needs to be supplanted by a code well-grounded in the case law and language of the First Amendment and its accompanying legal principles. Something similar to the Library Bill of Rights could be retained as an accompanying "aspirational creed", such as a revised form of the ALA Code of Ethics, but it would need to provide more practical guidance.
David Woolwine of Hofstra University has criticized the philosophical underpinnings of the Library Bill of Rights, specifically objecting to the use of utilitarianism and "rights discourse" in defense of the principles. The "moral calculus" of the utilitarian argument that free access of information produces the greatest good for the greatest number can also be used to argue in support of restrictions for the purposes of safety and national security. Rights discourse relies on the assertion of rights with minimal referencing, while neglecting detailed argumentation. Woolwine asserts that utilitarianism and rights discourse need to be replaced by a synthesis of modern and post-modern philosophy to coherently and soundly justify the principles of the Library Bill of Rights.
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