Abstract
This paper explores the theory to link between libraries and constitutional freedom of expression. Concerning the CIPA, the U.S. Supreme Court 2003 ruled in that a public library is a non-public forum on the grounds that content-based material selection can not be avoided, though ALA regarded the public library as a limited public forum from the 1990s. ALA has been misunderstood free expression as that not limiting the discretion of libraries. By misunderstanding among Japanese librarians similar to their American counterparts, they have proposed patron's right of access all materials they want in libraries, but the lawyers have not accepted it. The judgement of Japan Supreme Court of 2005 in the Funabashi West Library collection disposal case raised the argument that is applicability of the concept of limited public forum to the public library, but it has not been dominant.
