�FIRST AMENDMENT AUDIT TRAINING �FOR FRONTLINE STAFF� �DUSTIN SMABY

Zoom’s live transcript is available on the Show Captions menu.

Learning Outcomes

• Attendees will:
• Learn about First Amendment audits, including strategies for handling audits

​

• Learn about high-level policies every library should have in place and why

​

• See filmed examples of audits to reinforce what to do and what not to do

Disclaimers

• I am sharing our policies, procedures, and what we have learned
• Laws may differ depending on library type
• I am not giving legal advice
• For legal questions, please consult with your library’s attorney

Consider What You Would Do If…

• A patron approaches and films you directly?�
• A patron comes up to you and asks for your name and position?�
• A parent complains that someone is filming children inside the library?

What is a First Amendment Audit?

It is when a person or group of people come into a library or other publicly-funded building to record people and staff going about their business with the intent to “test” if others will confront them about their filming.�

• They want to catch violations of their First Amendment rights�
• Encounters given a “pass” or “fail”�
• Audit fails uploaded to social media

How Does it Work?

• Their strategy:
1. Film the employee in their work environment�
2. Make the employee and others uncomfortable�
3. Trigger a bad reaction from the employee�
4. Post video on social media for clicks and views�
5. Profit

Why Do This?

• Some may authentically be trying to raise awareness
• However, most want interesting content to fuel social media views
• Fighting, arguing, and awkward “cringe” scenarios fuel views�
• “Boring”, polite, government work does not

Why Does This Matter?

• Social media is here to stay
• More and more audits are being done
• Your library may receive negative attention

How Does the Auditor Prepare?

• They researched the 1st Amendment
• They researched local law
• They researched YOUR library policies

What Do We Recommend? (An Overview)

• Before:
• Update your policies
• Train your staff
• Prepare your facility�
• During:
• Stay calm
• Don’t take the bait�
• After:
• Document
• Report

Before: Policies and Documents

• Update your library policies that relate to:
• Freedom of Information Act (FOIA)
• Patron Behavior
• Photography and Video Recording
• Privacy
• Solicitation�
• Be well-versed in your library policies�
• Create a training document for staff
• Include an FAQ for difficult situations

Before: Prepare Your Space

• Clearly label “Staff-Only” areas
• Install frosted glass on all doors
• Install privacy screens for computer monitors
• Have important documents readily available at all desks�
• Keep sensitive documents out of plain sight

Prepare…Yourself!

• Situational Awareness
• Be aware of your surroundings
• Mindfulness
• Be aware of yourself

During: What to Expect from the Auditor

• Will film alone or in a team�
• May wear a mask or face covering�
• Sometimes wear intimidating gear
• Helmets, black gloves, or black vests�
• May visit the Youth Department�
• May ask staff for their name

During: What to Expect from Staff

• It is perfectly normal for staff to feel nervous�
• Staff might feel the urge to immediately call a manager in�
• Staff might be tempted to congregate and stare�
• Staff might suddenly retreat into Staff-Only areas

During: What to Expect from Other Patrons

• Patrons will be on edge
• Patrons will look around
• Patrons may complain to staff

During: Do

• Remain calm
• Allow auditors to film you and others
• Maintain eye contact during interaction
• Act like the camera isn’t there
• Be welcoming, friendly and helpful
• Be aware of tone and body language
• Answer service-related questions
• Name and position

During: Don’t

• Confront the auditor
• Question the auditor’s motive
• Argue or use profanity
• Call police just to give them a “heads up”
• Immediately summon a supervisor
• Group up with others and stare
• Touch their equipment or invade their personal space
• Take the bait

During: If You Need to Confront

• If the auditor violates library policy and it needs to be addressed:�
• NEVER make it about them filming�
• ONLY make it about the specific policy that was violated�
• What if YOU are approached?

Pocket These Statements!

• “Is there anything service-related that I may help you with?“�
• “They are allowed to film here.”�
• “You are welcome to relocate to a different area of the library, or you may come back at a future time if you would like.”

Other Mitigation Tactics

• Distractions�
• Can offer the auditor a tour�
• Can redirect focus
• “Have you seen this cool display?”

Exceptions

• Auditors cannot film if:�
• Inside bathrooms or nursing rooms�
• Patrons’ right to privacy in what they are reading or viewing is compromised�
• Harassing, intimidating, or threatening others�
• Blocking library aisles, walkways, stairwells, doors, or exits

Special Circumstances at VAPLD

• At our library:�
• Special equipment requests approved 24 hours in advance�
• Commercial use is approved one week in advance

What About Children?

• Remember: Mitigate! Don’t Escalate!

After the Audit

• Relax
• Adrenaline is high�
• Report
• Internal incident report
• American Library Association (ALA)
• ALA.org/tools/challengesupport/report
• Warn nearby libraries!�
• Recover
• Take a break, go for a walk
• Reassure your staff or co-workers

After: Is it the End?

• Don’t become complacent
• The auditor will likely return�
• Passed audits rarely appear on social media�
• Failed audits will very likely appear on social media

Audit “Fail”

​

​

​

What Went Wrong?

Audit “Pass”

​

​

​

What Went Right?

Last Minute Reminders and Tips

• Cameras are everywhere�
• Keep it positive�
• We are emotional human beings�
• Don’t make it about the filming�
• Remember your pocketed statements�
• Be boring!

Questions?

HANDOUT

VIDEOS

dsmaby@VAPLD.info

Dustin Smaby�

​

Vernon Area Public Library