Public Library First Amendment Audits

In the September 2023 issue of the Wisconsin Valley Library Service (WVLS) Newsletter, Public Library Services Consultant Kristie Hauer focused on what to do if libraries are audited. 

What is a First Amendment Audit?

• When individuals or groups (“auditors”) film on government property to test their rights to film or enter a public space.  
• Confrontational audits, or ones where government employees interfere with filming, are often posted online (mainly YouTube and TikTok).
• The goal of an audit is to create an interaction that is worthy of going viral.
   

What does a First Amendment Audit look like?

• You will likely know if there’s an auditor in the library because a recording device will be prominently displayed and noticeable.
• Auditors usually act in one of two ways:
• Boisterous: in your face, vocal, or obnoxious.
• Non-responsive: silent and staring.

What to do ahead of time:

• Become educated on the topic.

• Review your library’s filming policy. If your library doesn’t have a policy, now is the time to draft one.
  Examples: 

• Milwaukee Public Library: Photography and Video Requests
• Kaukauna Public Library: Photography and Film Policy
• Irvin L Young Memorial Library: Photography, Filming and Videography

• Identify and label nonpublic forums (staff areas) in library spaces. 
• Examples include workspaces, staff lounge, hallways, and garages.
• Preserve security. 
• Only allow staff into “staff only” areas. Enforce these areas every day with all patrons.
• If the entrance through a door is restricted, then close it.
• Know your library’s policies and be able to explain them. Auditors like to attempt to “trip” staff up in their explanations.

 

What to do when an audit occurs:

• Stay calm!
• Don't allow yourself to be provoked.
• Focus on good customer service.
• “How can I help you?”
• Treat the auditor like any other library user.
• Be polite and patient.
• Make the interaction mundane and boring with a business-as-usual approach.
• Leave the auditor alone when recording unless patron privacy is compromised. 
• A patron's privacy is breached if an auditor videotapes materials that a patron is using or recording in the restrooms. 
• Comply with library policies.
• Help your co-worker, if possible, with your presence and support.

 

What not to do:

• Overreact. This gives the auditor great video footage.
• Share your personal information.
• It's ok to keep your private information private. (“I’m sorry, I don’t answer personal questions at work. Thank you for understanding!”)
• Debate the First Amendment or someone’s “right” to record others.
• This conversation is exactly what the auditor seeks and will likely provide great video footage.
• There's no need to share your view of the First Amendment. (“I’m sorry, I don’t discuss personal opinions at work. Thank you for understanding!”)
• Attempt to take the recording device.
• Follow or intimidate the auditor.

For More Information:

• Wisconsin Counties Association: First Amendment Auditing
• Intellectual Freedom Blog: Auditing the First Amendment at Your Public Library
• American Library Association: Privacy: An Interpretation of the Library Bill of Rights

Library of Congress