図書館と表現の自由との関係性についての制度的検討

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  • Legal Approach to the Relationship between Public Libraries and Free Speech
  • トショカン ト ヒョウゲン ノ ジユウ ト ノ カンケイセイ ニ ツイテ ノ セイドテキ ケントウ

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The principal aim of this study was to clarify the rationale of guarantee of free speech and to examine a range of the guarantee in public libraries. Understanding the relationship between public libraries and free speech helps to solve the subject. In conclusion, the present study suggested that the relationship between public libraries and free speech depends on the nature of object. The public forum doctrine, developed as a framework for protected against government suppression on expression in the United States, can be applied to public libraries. If we consider public library as (limited) public forum, library patrons’ freedom of expression is guaranteed, but guarantee is limited to this range. The reason is that the library cannot directly guarantee the authors’ free speech due to materials selection. Approach focusing on professional duty is useful when considering guarantee of author’s free speech. In this approach, the freedom of expression is interpreted as comprised in professional duty, therefore, librarians’ autonomy and control will be realized.

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