Calls mount for binding SCOTUS ethics code after anti-abortion crusader alleges Hobby Lobby leak; ABA Journal, November 21, 2022

DEBRA CASSENS WEISS, ABA Journal; Calls mount for binding SCOTUS ethics code after anti-abortion crusader alleges Hobby Lobby leak

"The New York Times and other publications covered the reaction to Schenck’s allegations. Reactions included:

• Fix the Court, a court transparency group, called for passage of the Supreme Court Ethics, Recusal and Transparency Act, which would require justices to write and adopt an ethics code; strengthen recusal rules; and adopt disclosure rules for gifts, income and reimbursements. Similarly, Democratic U.S. Sen. Amy Klobuchar of Minnesota said in a tweet the justices should “operate under the same ethics rules as every other federal judge.” (Fix the Court, the New York Times)

•Brian Fallon, executive director of Demand Justice, a legal advocacy organization, said the Senate Judiciary Committee should investigate the new leak report. (The Washington Post)

• Louis J. Virelli III, a professor at the Stetson University College of Law, said revelations are creating public concern, and “the cost for the justices will be more transparency.” Requiring the justices to disclose with whom they meet, particularly those with interests in a decision, would be constitutional, he said. (The New York Times)

• Alicia Bannon, director of the judiciary program at the Brennan Center for Justice at the New York University School of Law, criticized “a whole bunch of bad incentives & broken processes that encourage today’s politicized dynamics” in a tweet. “18-year terms for justices + decoupling appointments & vacancies would be a good place to start,” she tweeted. “Finally, this is also an opportunity for leadership from the justices. SCOTUS could adopt a binding code of conduct tomorrow. They could commit to greater transparency, including re: recusal. They could stop appearing w/ politicians and litigants. Legitimacy must be earned.” (The National Law Journal)

• In a blog post, Paul Horwitz, a professor at the University of Alabama School of Law, said the revelations raise questions that include: What is the right balance between isolation and non-isolation for judges and justices? And how many actions described by the New York Times are not only legal but generally treated as the way the system works? (PrawfsBlawg via Original Jurisdiction)"

NYT report leads to calls for ethics code for Supreme Court justices; WBUR, November 22, 2022

WBUR ; NYT report leads to calls for ethics code for Supreme Court justices

"The New York Times reported over the weekend that a whistleblower says in 2014, an activist at a dinner with Justice Samuel Alito and his wife was told about a Supreme Court decision before it was released. That report is prompting calls for Justices to follow an ethics code, like lower court judges.

Here & Now's Robin Young speaks with Amanda Frost, law professor at the University of Virginia.

This segment aired on November 22, 2022."

Opinion The Supreme Court has lost its ethical compass. Can it find one fast?; The Washington Post, November 22, 2022

 Ruth Marcus , The Washington Post; Opinion The Supreme Court has lost its ethical compass. Can it find one fast?

"The Supreme Court must get its ethics act together, and Chief Justice John G. Roberts Jr. needs to take the lead...

Three years ago, Justice Elena Kagan testified before the House that the justices were “studying the question of whether to have a code of judicial conduct that’s applicable only to the United States Supreme Court,” calling it, “something that’s being thought very seriously about.” That’s the last we’ve heard from the court on this topic.

Roberts has had a rough 2022. Tackling his court’s ethics problem would be a smart way to finish a bad year on a good note."

The everyday ethics of AI;

Tom Dennis, UND Today

 ; The everyday ethics of AI

"The AI Act is a proposed European law on artificial intelligence. Though it has not yet taken effect, it’s the first such law on AI to be proposed by a major regulator anywhere, and it’s being studied in detail around the world because so many tech companies do extensive business in the EU.

The law assigns applications of AI to four risk categories, Powell said. First, there’s “minimal risk” – benign applications that don’t hurt people. Think AI-enabled video games or spam filters, for example, and understand that the EU proposal allows unlimited use of those applications.

Then there are “limited risk” systems such as chatbots, in which – the AI Act declares — the user must be made aware that they’re interacting with a machine. That would satisfy the EU’s goal that users decide for themselves whether to continue the interaction or step back.

“High risk” systems can cause real harm – and not only physical harm, as can happen in self-driving cars. These systems also can hurt employment prospects (by sorting resumes, for example, or by tracking productivity on a warehouse floor). They can deny credit or loans or the ability to cross an international border. And they can influence criminal-justice outcomes through AI-enhanced investigation and sentencing programs.

According to the EU, “any producer of this type of technology will have to give not just justifications for the technology and its potential harms, but also business justifications as to why the world needs this type of technology,” Powell said.

“This is the first time in history, as far as I know, that companies are held accountable to their products to this extent of having to explain the business logic of their code.”

Then there is the fourth level: “unacceptable risk.” And under the AI Act, all systems that pose a clear threat to the safety, livelihoods and rights of people will be banned, plain and simple.""

Allegation of Supreme Court Breach Prompts Renewed Calls for Ethics Code; The New York Times, November 20, 2022

Jodi Kantor , The New York Times ; Allegation of Supreme Court Breach Prompts Renewed Calls for Ethics Code

"Lawmakers are demanding further investigation at the Supreme Court and renewing their calls for binding ethics rules for the justices, after allegations that a landmark 2014 contraception decision was prematurely disclosed through a secretive influence campaign by anti-abortion activists."

‘Wild West’ of Generative AI Poses Novel Copyright Questions; Bloomberg Law, November 18, 2022

 Riddhi Setty and Isaiah Poritz , Bloomberg Law; ‘Wild West’ of Generative AI Poses Novel Copyright Questions 

"Artist Kris Kashtanova became the first person to register a copyright for an artificial intelligence-assisted work in September, for an 18-page comic book called “Zarya of the Dawn” that was created with the AI art program Midjourney.

In recent weeks, however, Kashtanova said the Copyright Office wants to revoke the registration because it had overlooked the use of AI in the creation of the comic.

The rapid rise of artificial intelligence applications has left the burgeoning industry reckoning with how the powerful new technology interacts with copyright laws that govern everything from source code to art prints. The legal landscape is far from clear, with both the creators of AI tools and the artists who use them confronting copyright questions that haven’t yet been answered.

“It’s like the wild west right now,” said Ryan Abbott, an attorney at Brown Neri Smith & Khan LLP.

In what appears to be the first copyright infringement suit against the creator of an AI program, research company OpenAI Inc.—which has created a number of AI programs including generative art program DALL-E—was hit with a class action earlier this month by two software developers who said another OpenAI program called Copilot unlawfully duplicates their code without the proper license or attribution."

Column: Can scientists moonlight as activists — or does that violate an important ethical code?; Los Angeles Times, November 17, 2022

OPINION COLUMNIST, Nicholas Goldberg, Los Angeles Times; Column: Can scientists moonlight as activists — or does that violate an important ethical code?

Kalmus, Chornak and their colleagues believe it is their moral responsibility as scientists to help awaken society to the dangers of climate change, which include not just more of the raging storms, droughts, wildfires and heat waves we’re already experiencing, but very possibly famine, mass migration, collapsing economies and war.

I think they’re right. 

But as more and more scientists have become engaged in climate activism over the years, they have faced pushback from traditionalists who insist that scientists should be disinterested, impartial “seekers of truth” who keep their opinions to themselves, thank you very much."

SAM BANKMAN-FRIED ADMITS THE "ETHICS STUFF" WAS "MOSTLY A FRONT"; Futurism, November 17, 2022

NOOR AL-SIBAI , Futurism; SAM BANKMAN-FRIED ADMITS THE "ETHICS STUFF" WAS "MOSTLY A FRONT"

"The disgraced former head of the crypto exchange FTX, Sam Bankman-Fried, built his formidable public persona on the idea that he was a new type of ethical crypto exec. In particular, he was a vocal proponent of "effective altruism" — the vague-but-noble concept of using data to make philanthropic giving as targeted and helpful as possible.

But in a direct message, Vox's Kelsey Piper asked Bankman-Fried if the "ethics stuff" had been "mostly a front."

Bankman-Fried's reply: "Yeah."

"I mean that's not *all* of it," he wrote. "But it's a lot."

Twitter takeover: fears raised over disinformation and hate speech; The Guardian, October 28, 2022

Dan Milmo and Alex Hern, The Guardian ; Twitter takeover: fears raised over disinformation and hate speech

"Elon Musk’s Twitter acquisition has been polarizing, sparking reactions from politicians, regulators and non-profits across different continents.

Some have expressed concerns about potential changes to Twitter’s content moderation policies now that it’s in the hands of the Tesla billionaire, while others celebrated how they expect the platform’s newly minted leader will handle content and speech on Twitter.

Senior politicians in the UK and Europe on Friday warned Musk over content moderation on Twitter, with the EU stressing the platform will “fly by our rules” and a UK minister expressing concerns over hate speech under the billionaire’s ownership.

The EU’s internal market commissioner, Thierry Breton, wrote on the platform on Friday that “in Europe, the bird will fly by our rules”, in response to Musk’s earlier tweet saying “the bird is freed” in apparent confirmation that he had bought the business.

The EU is introducing the Digital Services Act, which includes provisions for removal of illegal content including hate speech."

Opinion D.C. might ban ‘algorithmic discrimination.’ That’s good for everyone.; The Washington Post, October 7, 2022

 

Cynthia Khoo

 and 

Daniel Jellins

, The Washington Post;  

D.C. might ban ‘algorithmic discrimination.’ That’s good for everyone.

"If civil rights protections are to keep pace with this kind of technological threat to equality, they require an updated legal framework. We urge the D.C. Council to pass the Stop Discrimination by Algorithms Act and hope that other states and federal legislators soon follow."

Ralph Lauren apologizes after wife of Mexico's president accuses US fashion giant of 'plagiarism' by appropriating Indigenous designs from country's pre-Hispanic cultures for $360 cardigan; Daily Mail, October 21, 2022

Daily Mail; Ralph Lauren apologizes after wife of Mexico's president accuses US fashion giant of 'plagiarism' by appropriating Indigenous designs from country's pre-Hispanic cultures for $360 cardigan

"Ralph Lauren has apologized after the wife of Mexico's president accused the luxury US clothes brand of plagiarizing indigenous designs, which she described as an appropriation of the work of the country's pre-Hispanic cultures."

March Co-Author Reacts to PA Banning Rep. John Lewis' Autobiographical Graphic Novels; CBR, September 27, 2022

JIM JOHNSON, CBR; March Co-Author Reacts to PA Banning Rep. John Lewis' Autobiographical Graphic Novels

"March, the trilogy of graphic novels chronicling the late Congressman John Lewis' Civil Rights activism, has been banned in one Pennsylvania institution -- and the series' co-author has called out books' ban -- and its timing.

"Kicking off #bannedbooksweek with the news that Allegheny County Jails in Pennsylvania banned March and Run from their facilities over the weekend is a heck of a way to start," tweeted Andrew Aydin, who co-wrote the March trilogy -- and its single-volume sequel Run -- with Rep. Lewis. Nate Powell illustrated the first trilogy, with Powell and L. Fury both handling the art on Run."

Universities Are Making Ethics a Key Focus of Artificial Intelligence Research; Insight Into Diversity, August 16, 2022

Lisa O'Malley , Insight Into Diversity; Universities Are Making Ethics a Key Focus of Artificial Intelligence Research

"As artificial intelligence (AI) becomes more commonplace in our lives, many activists and academics have raised concerns about the ethics of this technology, including issues with maintaining privacy and preventing bias and discrimination...

“The subject of ethics and justice in technology development is incredibly urgent — it’s on fire,” Sydney Skybetter, a senior lecturer in theater arts and performance studies at Brown, explained in a recent university news release. Skybetter is one of three faculty members leading an innovative new course titled Choreorobotics 0101 in the computer science department. The class allows students with experience in computer science, engineering, dance, and theater to merge their interests by learning how to choreograph a 30-second dance routine for a pair of robots provided by the company Boston Dynamics. The goal of the course is to give these students — most of whom will go on to careers in the tech industry — the opportunity to engage in discussions about the purpose of robotics and AI technology and how they can be used to “minimize harm and make a positive impact on society,” according to the release."

Kingdom Come Highlighted The Importance of Superhero Ethics; Comic Book Resources, September 3, 2022

ASHLEY LAND, Comic Book Resources ; Kingdom Come Highlighted The Importance of Superhero Ethics

"Kingdom Come's depiction of the brash and unchecked younger heroes' recklessness and how without responsibility, power can become destructive is also a reminder of the famous Spider-Man code. The rapid devolution and anarchy that took place in the absence of Superman and Batman's well known "no killing" code showed readers why there are lines that superheroes should never cross. With many casual fans questioning why Batman doesn't simply kill Joker or why Superman doesn't kill Lex Luthor, this series serves as an excellent answer to those questions. Once superheroes turn themselves into judges, juries and executioners, they immediately risk becoming destructive tyrants."

Search for missing Native artifacts led to the discovery of bodies stored in ‘the most inhumane way possible’; NBC News, September 4, 2022

Graham Lee Brewer, NBC News; Search for missing Native artifacts led to the discovery of bodies stored in ‘the most inhumane way possible’

"Since the passage of the Native American Graves Protection and Repatriation Act (NAGPRA) in 1990, federal law has required institutions that receive federal funding to catalog their collections with the National Parks Service and work toward returning them to the tribal nations they were taken from. But the University of North Dakota has no entries in the federal inventory, even though its administrators acknowledge it has possessed Indigenous artifacts since its inception in 1883.

The discovery at UND is illustrative of a wider, systemic problem that has plagued Indigenous communities for centuries. Despite the decades-old law, more than 100,000 are still housed in institutions across the country. The action and apology by North Dakota administrators points to a national reckoning as tribal nations are increasing pressure on public universities, museums and even libraries to comply with the law and catalog and return the Native American ancestors and cultural items in their possession."

Democracy is under attack – and reporting that isn’t ‘violating journalistic standards’; The Guardian, September 4, 2022

Robert Reich, The Guardian; Democracy is under attack – and reporting that isn’t ‘violating journalistic standards’

"It is dangerous to believe that “balanced journalism” gives equal weight to liars and to truth-tellers, to those intent on destroying democracy and those seeking to protect it, to the enablers of an ongoing attempted coup and those who are trying to prevent it...

“Balanced journalism” does not exist halfway between facts and lies."

Local libraries have become a major political and cultural battleground; NPR, August 31, 2022

John Burnett, NPR; Local libraries have become a major political and cultural battleground

"The culture war inside America's libraries is playing out in the monthly meetings of the Lafayette Library Board of Control. Conservative activists are demanding the removal of controversial books, librarians are being falsely accused of pushing porn, and free speech defenders are crying censorship."

Book bans are threatening American democracy. Here’s how to fight back.; The Washington Post, August 9, 2022

Margaret Sullivan , The Washington Post; Book bans are threatening American democracy. Here’s how to fight back.

"“People need to mobilize, because the efforts to ban books are very active and very organized,” Nossel said.

It’s also important to keep in mind — and raise your voice to say — that book bans run counter to a core tenet of what America is supposed to stand for.

So if you’re worried about threats to democracy involving voting rights, gerrymandering and the peaceful transfer of power after elections, you should save a little mental space for this, too.

Opposing censorship in the form of book banning is a part of the same crucial fight."

Library Sees Resignations Following Bullet-Riddled Books; Flathead Beacon, August 29, 2022

MICAH DREW, Flathead Beacon; Library Sees Resignations Following Bullet-Riddled Books

"Two ImagineIF library advisors have resigned from their posts due to perceived threats to their safety after several bullet-riddled books were dropped off at the library earlier this month. A third advisor who had previously planned to retire this year, also mentioned safety concerns upon leaving. 

On Aug. 3, library staff in Kalispell found five books left in the overnight drop box that appeared to have been shot with a firearm. All library branches closed for the day while law enforcement investigated. They determined it was an isolated incident and there was no threat to staff or the public. 

Two days later, two more books were found with bullets lodged in them. Library staff say that similar markings on the books indicated they were likely from the same person. 

While director Ashley Cummins said law enforcement still did not feel there was any threat to the community, members of the library staff opted to leave their positions. 

“They said they did not feel safe coming to work anymore,” Cummins said. “They signed up to be library workers, they didn’t sign up for that.”

Two additional staff members have expressed desires to resign as well, but Cummins said so far that has not happened. Instead, the director is working to reassure the staff with new safety precautions including the installation of security cameras around each library branch and new mandatory monthly safety trainings."

Copyright Fair Use: How Much Copying is Too Much Copying?; Lexology, August 15, 2022

Goodell DeVries Leech & Dann LLP - Jim Astrachan, Lexology; Copyright Fair Use: How Much Copying is Too Much Copying?

"...no plagiarist can excuse the wrong by showing how much of his work he did not pirate.” These words were written by Judge Learned Hand in 1936. His point was that a taking of someone else’s expression will not be excused merely because it is insubstantial in quantity when held up for comparison to the infringing work.

Years back a copyright defendant client related copyright lore as a defense to his actions. He swore up and down that copying was permissible as long as not more than 10 percent of the source work was taken. Many times that belief has been mistakenly repeated. Many of the older, bedrock, principles of copyright practice are worth repeating. Perhaps this repetition comes from being the teacher that I suspect is part of my DNA.

The “ancient” case of Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539 (1985) should absolutely disabuse anyone of this silly notion." 

Ethical issues of facial recognition technology; TechRepublic, August 31, 2022

  Patrick Gray in Artificial Intelligence, TechRepublic; Ethical issues of facial recognition technology

"Facial recognition technology has entered the mass market, with our faces now able to unlock our phones and computers. While the ability to empower machines with the very human ability to identify a person with a quick look at their face is exciting, it’s not without significant ethical concerns.

Suppose your company is considering facial recognition technology. In that case, it’s essential to be aware of these concerns and ready to address them, which may even include abandoning facial recognition altogether.

When assessing these ethical concerns, consider how your customers, employees and the general public would react if they fully knew how you’re using the technology. If that thought is disconcerting, you may be veering into an ethical “danger zone.”"

Scanning students' rooms during remote tests is unconstitutional, judge rules; NPR, August 26, 2022

 Emma Bowman, NPR; Scanning students' rooms during remote tests is unconstitutional, judge rules

"The remote-proctored exam that colleges began using widely during the pandemic saw a first big legal test of its own — one that concluded in a ruling applauded by digital privacy advocates.

A federal judge this week sided with a student at Cleveland State University in Ohio, who alleged that a room scan taken before his online test as a proctoring measure was unconstitutional.

Aaron Ogletree, a chemistry student, sat for a test during his spring semester last year. Before starting the exam, he was asked to show the virtual proctor his bedroom. He complied, and the recording data was stored by one of the school's third-party proctoring tools, Honorlock, according to the ruling documents.

Ogletree then sued his university, alleging that the room scan violated his Fourth Amendment rights protecting U.S. citizens against "unreasonable searches and seizures." In its defense, Cleveland State argued that room scans are not "searches," because they are limited in scope, conducted to ensure academic fairness and exam integrity, and not coerced.

U.S. district court Judge J. Philip Calabrese on Monday decided in Ogletree's favor: Room scans are unconstitutional."

Inside Trump’s war on the National Archives; The Washington Post, August 27, 2022

 

Jacqueline Alemany

, 

Isaac Arnsdorf

 and 

Josh Dawsey

, The Washington Post; Inside Trump’s war on the National Archives

“Without the preservation of the records of government, and without access to them, you can’t have an informed population, and without an informed population, you lack one of the basic tools to preserving democracy,” said former acting archivist Trudy Peterson, who expressed concern that Trump’s rhetoric is damaging the public perception of the Archives. “The system won’t work if the neutrality of the National Archives is not protected.”

This portrait of an agency under siege by a former president and his supporters is based on interviews with 14 current and former Archives employees, Trump advisers, historians and others familiar with the escalating dispute, many of whom spoke on the condition of anonymity to reveal internal discussions."

Call Number Podcast: Support for Ukraine; American Libraries, August 12, 2022

American Libraries; Call Number Podcast: Support for Ukraine

Episode 74 highlights efforts to preserve information, raise funds, and help refugees

"Russia’s invasion of Ukraine has dominated headlines this year. The ongoing war has affected people globally, including American librarians and their work. In Episode 74, the Call Number podcast team looks at the ways the profession is supporting Ukraine.

First, Call Number host Diana Panuncial speaks with Kristin Parker, lead curator and manager of the arts at Boston Public Library. Parker is part of a network of first responders working against the clock to preserve Ukraine’s cultural history and provide preservation advice to library workers on the ground.

Next, American Libraries Editor and Publisher Sanhita SinhaRoy speaks with Michael Dowling, director of ALA’s International and Chapter Relations Office, about the Association’s Ukraine Library Relief Fund and how donations are being used.

Finally, Panuncial talks to Millicent Mabi, director of community engagement and programming at Regina Public Library in Saskatchewan, about how her institution is helping Ukrainian refugees—from teaching them English to improving their literacy to connecting them with community resources." 

AI Creating 'Art' Is An Ethical And Copyright Nightmare; Kotaku, August 25, 2022

Luke Plunkett , Kotaku; AI Creating 'Art' Is An Ethical And Copyright Nightmare

If a machine makes art, is it even art? And what does this mean for actual artists?

"Basically, we now live in a world where machines have been fed millions upon millions of pieces of human endeavour, and are now using the cumulative data they’ve amassed to create their own works. This has been fun for casual users and interesting for tech enthusiasts, sure, but it has also created an ethical and copyright black hole, where everyone from artists to lawyers to engineers has very strong opinions on what this all means, for their jobs and for the nature of art itself."

In ‘remarkable’ moment, Little Leaguer hugs opponent after scary pitch; The Washington Post, August 9, 2022

Des Bieler, The Washington Post; In ‘remarkable’ moment, Little Leaguer hugs opponent after scary pitch

"“I’m a coach myself,” Austin Jarvis said, “and he hears me tell my players all the time that it’s not just about baseball.”

“Being a good person is more important than being a great player,” he added, “and seeing him exemplify that on the field today, and on television — which I didn’t even know it was on TV in that moment — seeing him do that just makes me really proud.”

“What Isaiah did,” Kouplen said, “is what our whole world should be doing right now: loving others, above and beyond our differences. It was truly inspiring.”"

Krista Tippett Wants You to See All the Hope That’s Being Hidden; The New York Times, July 1, 2022

David Marchese, The New York Times; 

Krista Tippett Wants You to See All the Hope That’s Being Hidden

"A lot of people worry about finding their calling. Do you have any advice for them?

I’m very aware that in this culture, in the 20th-century world, we’ve diminished the idea of a calling to mean your job title. I think there are many callings in a life. I want people to liberate the idea of their calling from what they’re being paid to do for a living. Your calling may be something that you do that gives you joy but that you’re never going to get paid for. It may be certain relationships that you’re holding that are primary. Being a parent or being a child, being a friend, being a neighbor, the service you do in your community. It can be how you show up through your day, how you treat strangers. You can play an instrument. You can write. It’s the things that amplify your best humanity. I don’t think I have to define that, because we all intuitively know what it is."

Accounting giant Ernst & Young admits its employees cheated on ethics exams; NPR, June 28, 2022

JACQUELINE GANUN , NPR; Accounting giant Ernst & Young admits its employees cheated on ethics exams

Ernst & Young, one of the top accounting firms in the world, is being fined $100 million by federal regulators after admitting its employees cheated on their ethics exams. 

For years, the firm's auditors had cheated to pass key exams that are needed for certified public accountant licenses, the Securities and Exchange Commission found. Ernst & Young also had internal reports about the cheating but didn't disclose the wrongdoing to regulators during the investigation.

"It's simply outrageous that the very professionals responsible for catching cheating by clients cheated on ethics exams of all things," Gurbir S. Grewal, director of the SEC's Enforcement Division, said in a release. 

The fine is the largest penalty ever imposed by the SEC on an audit firm. 

The CPA, or certified public accountant, licenses are needed by auditors to evaluate the financial statements of companies and ensure they are complying with laws.

However, the SEC says that a "significant number" of Ernst & Young audit professionals specifically cheated on the ethics component of the CPA exams that were required for their accounting jobs."

Anatomy of a Book Banning; The Washington Post, June 24, 2022

Dave Eggers, The Washington Post; Anatomy of a Book Banning

A South Dakota school district planned to destroy Dave Eggers’s novel. He went to investigate.

[Kip Currier: The 6/24/22 Washington Post article, Anatomy of a Book Banning, is an extraordinarily thought-provoking, illluminating "call-to-action" perspective by noted author Dave Eggers (The Circle, 2013). This article -- a proverbial "canary in the coal mine" on censorship realities and exigencies in present-day American school districts -- is relevant to all information professionals. This first-hand account also sheds light on a variety of stakeholders and communities, with particular pertinence to school libraries, teachers, students, parents, and all societal members concerned about informed citizenries and civil liberties.

Although information professionals are increasingly being asked to do more with less resources, less time, less compensation, less acknowledgement -- experiencing burgeoning compassion fatigue and the trauma of library work -- I would suggest we need to think even more strategically, both short-term and longitudinally, about what we can do to add our voices, ideas, passions, stories, and expertise to these bedrock issues of intellectual freedom, access to information, and the right to self-determination and pursuit of each person's happiness. To that end, more of us may need to consider running for and serving on school boards and other boards that make consequential decisions about many information-related matters that are within the wheelhouses and bailiwicks of librarians, archivists, data/information/computing/museum professionals. Or getting more involved in getting behind candidates and already-serving members of boards who support and lead on the kinds of issues that are integral to us and implicated by stories like this one by Dave Eggers.]

"South Dakota’s Codified Law 22-24-27 prevents the distribution to minors of sexually explicit material that is “without serious literary, artistic, political, or scientific value.” Given that all five books are literary works that have only a few pages (or just a few paragraphs) of sexual content, the law does not apply in this case. Court rulings, including Island Trees School District v. Pico (1982), have further found that books cannot be removed from school libraries simply because certain individuals think they’re offensive.

Unspoken in much of the debate is that the vast majority of books assigned to high-schoolers also contain material that would probably be deemed objectionable under the same standards. The students of Rapid City are still allowed to read “Oedipus Rex,” in which the protagonist kills his father and then sleeps with his mother. They are still allowed to read “The Great Gatsby,” which contains alcoholism, adultery and murder. “Romeo and Juliet,” which remains on reading lists and on the shelves of all three Rapid City public high school libraries, centers on a torrid love affair between teenagers, both of whom kill themselves."

Parts of John Hughes’ novel The Dogs copied from The Great Gatsby and Anna Karenina; The Guardian, June 15, 2022

 Anna Verney, The Guardian; Parts of John Hughes’ novel The Dogs copied from The Great Gatsby and Anna Karenina

"The Australian novelist John Hughes, who last week admitted to “unintentionally” plagiarising parts of a Nobel laureate’s novel, appears to have also copied without acknowledgment parts of The Great Gatsby, Anna Karenina and other classic texts in his new book The Dogs.

The revelation of new similarities follows an investigation by Guardian Australia which resulted in Hughes’ 2021 novel being withdrawn from the longlist of the $60,000 Miles Franklin literary award.

That investigation uncovered 58 similarities and identical instances of text between parts of The Dogs and the 2017 English translation of Belarusian Nobel prize laureate Svetlana Alexievich’s nonfiction work The Unwomanly Face of War."

Most judges in survey support U.S. Supreme Court having ethics code; Reuters, June 22, 2022

Reuters; Most judges in survey support U.S. Supreme Court having ethics code

"Hundreds of judges nationwide believe that U.S. Supreme Court justices should be subject to an ethics code, according to a poll released Wednesday, with one saying they should set a "very high bar for the rest of us to emulate."

The National Judicial College, which provides training to judges nationally, said that in a survey of more than 12,000 of its alumni, 97% of the 859 judges who responded agreed Supreme Court justices should be bound by an ethics code."

REVIEW: Image Comics' Public Domain #1; CBR, June 20, 2022

 SERGIO PEREIRA, CBR; REVIEW: Image Comics' Public Domain #1

"The prolific creator continues to blend humor and drama in Public Domain #1, the first installment of a new series from Image Comics, where he works to take on creators' rights.

The first issue introduces Syd Dallas, a comic book artist responsible for The Domain, the biggest superhero around. Sadly, no one knows that Syd created the character because Singular Comics owns the publishing rights. And his former collaborator, Jerry Jasper, is more than happy to take the credit for it. Syd's children, Miles and David, struggle to understand why their father hasn't fought harder to gain what is rightfully his. However, a chance encounter at the premiere of Eminent Domain, the latest film in the franchise, may change everything for Syd."

The Unburnable Book: Margaret Atwood’s THE HANDMAID'S TALE; May 23, 2022

The Unburnable Book: Margaret Atwood’s THE HANDMAID'S TALE

"To benefit PEN America’s work defending freedom of expression, Penguin Random House is proud to partner with Margaret Atwood and Sotheby’s to offer an unburnable edition of the classic, and often banned, novel The Handmaid’s Tale."

Smithsonian Adopts Policy on Ethical Returns; Smithsonian, May 3, 2022

Smithsonian; Smithsonian Adopts Policy on Ethical Returns

"“There is a growing understanding at the Smithsonian and in the world of museums generally that our possession of these collections carries with it certain ethical obligations to the places and people where the collections originated,” said Smithsonian Secretary Lonnie Bunch. “Among these obligations is to consider, using our contemporary moral norms, what should be in our collections and what should not. This new policy on ethical returns is an expression of our commitment to meet these obligations.”

“When we talk about the shared stewardship of collections, what we are really talking about is a change of both scholarly practice and philosophy,” said Kevin Gover, the Smithsonian’s Under Secretary for Museums and Culture. “We seek to share what we know of our collections and to learn from the communities of origin in a collaborative exchange of knowledge.”

Smithsonian museums will each establish criteria and procedures for deaccessioning and returning collections for ethical reasons based on this new policy. In certain cases, the Smithsonian’s Board of Regents may be required to approve the deaccession and return when objects are of significant monetary value, research or historical value, or when the deaccession might create significant public interest.

The Values and Principles Statement below is also part of the Smithsonian’s Collections Management policy:"

Why the Smithsonian Adopted a New Policy on Ethical Collecting; Smithsonian Magazine, June 2022

Lonnie G. Bunch III, Secretary, Smithsonian Institution, Smithsonian Magazine; Why the Smithsonian Adopted a New Policy on Ethical Collecting

For more than a century, museum artifacts were acquired in ways we no longer find acceptable. How can we repair the damage?

"In 2021, the Smithsonian asked a group of collections specialists and curators to examine how to make ethical concerns central to our ongoing stewardship of Smithsonian collections. The group’s recommendations, with overwhelming support from the collections community, went into effect at the end of April. The new policy authorizes our museums to enter arrangements to share authority, expertise and responsibility for objects’ care and return certain objects based on how and under what circumstances they were acquired. Unethical acquisition could include an object having been stolen, taken under duress or removed without the owner’s consent.

The first return under consideration is a set of objects dating from the 13th century removed by the British during an 1897 raid of Benin City in what is now the nation of Nigeria. These artifacts, known as the Benin bronzes, were donated to or acquired by numerous museums over the years, including the National Museum of African Art. Of the 39 pieces in its collection, 29 have been confirmed or determined likely to have been looted, and pending approval by the Smithsonian Board of Regents, will be returned to the Nigerian government."