I was recently delivering a virtual keynote on Library Marketing & Branding Basics for the Hillside Public Library Staff Day, and I heard their director, Amy Franco, mentioning first amendment audits. My ears perked up, because I have worked with other clients on how to be prepared for first amendment audits. Amy had some great ideas, which she agreed to let me share on this blog – but first, let me explain what we’re talking about.
According to the Library Land Project, first amendment audits are “the practice of exercising one’s constitutional right to record video for the purpose of educating
anyone who attempts to infringe that right and commending those who respect it.”
First amendment audits in libraries have been increasing in recent years, according to American Libraries Magazine. In the article, they explain that in first amendment audits, individuals will often enter libraries with video cameras, refer to themselves as “auditors,” and wait to see if someone asks them to leave or stop filming.
You may wonder, “Is this legal?” In many cases, yes. The American Library Association’s Office for Intellectual Freedom explains that, “Facilities like libraries and courthouses are considered to be limited public forums [and] the government agency administering the space is only obligated to allow those First Amendment activities that are consistent with the nature of the forum, even if the facility is open to the public.” In other words, it is allowed, but there are limits. For example, a first amendment auditor can’t enter a meeting room in use, or film a library user accessing personal information on a computer. Since this is such a complex and nuanced issue, I won’t try to explain it all here; read the sources referenced above for additional guidance and background.
Now, let’s get back to Amy and her staff. They have been experiencing more first amendment audits lately, and Amy saw it as a marketing opportunity. After all, someone is in the library with a camera. It’s a way to be welcoming while also promoting the library to that person and whoever may be watching the video. I reached out a few days later to ask Amy about her approach to first amendment audits. She said, “Ironically, we actually had a First Amendment audit yesterday. How is that for timing?? I was out of the office, but my staff called me immediately and I overheard the entire interaction on speakerphone. Staff were actively promoting library resources, made sure the auditor had a copy of our event guide, and gave him information about summer reading. I am beaming with pride.”
So, how can we reframe our thinking about first amendment audits, and what can we learn from Amy and her staff?
- Help library employees feel empowered and not afraid. The key to that is education. If you are a library director or manager, help your employees to understand the library’s role as a limited public forum. The ALA OIF is a great place to start.
- Make sure policies and procedures are clear and up-to-date, and that they are easily accessed and understood by employees and auditors alike. In other words, time to dust off that policy manual, update it if needed, and make sure it’s posted on your website and/or intranet.
- Know your rights and responsibilities. According to the ALA OIF, “it is reasonable for the library to regulate … behavior in a manner that preserves the individual patron’s right to receive information free from harassment, intimidation, or threats to their safety, well-being, and privacy rights.”
- Prepare employees for success! If you want to use first amendment audits as marketing opportunities, give your employees the tools and training they need to feel comfortable. Rarely do people go into library work because they want a camera in their face. But if you think about it, giving them something to do during an uncomfortable moment may actually help them feel more comfortable. I’ve watched videos of these audits online, and I can see that the employes feel blindsided and nervous. You can change that!
Cordelia Anderson Consulting 