NCompass Live - January 18, 2023 http://nlc.nebraska.gov/ncompasslive/ A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. Individuals and groups claim a right to film in any space, arguing that they’re entitled to do so as taxpayers and citizen journalists. A growing number of public libraries are reporting these types of visits, even in Nebraska. Library users and staff are being targeted as subjects of these videos. This session will share what a First Amendment Audit is, what the related laws are, how to protect both the public and library staff, and what to do when and after it happens. Presenters: Jessica Chamberlain, Director, Norfolk (NE) Public Library; Laura England-Biggs, Director, Keene Memorial Library (Fremont, NE); Sky Seery, Director, North Platte (NE) Public Library.

1. First Amendment Audits:
What You Need to Know
Jessica Chamberlain (Norfolk Public Library)
Laura England-Biggs (Keene Memorial Library)
Sky Seery (North Platte Public Library)

2. What is a First Amendment Audit?
• A “First Amendment audit” is normally conducted by one or two
people who intend to record their interactions with government
officials – most often employees at a city/town hall or a police
department – to ensure that the First Amendment right to
record in public is preserved.
• An auditor selects a public facility and then films the entire
encounter with staff and customers alike. If no confrontation or
attempt to stop the filming occurs, then the facility passes the
audit; if an employee attempts to stop a filming event, it fails
the audit.
https://www.vlct.org/resource/reducing-risk-first-amendment-audits

3. First Amendment Audit vs. Video Harassment
• Some folks in library-land feel that using the term First
Amendment Audit is buying into the “other’s” frame of reference
and not our own perspective.
• Some folks use the term Video Harassment instead of First
Amendment Audit.

4. How do you respond to a First Amendment
Audit/Video Harassment?
• The experience is almost always uncomfortable – and can be
disruptive - but there are practical ways to prepare and
respond:
1. Educate employees. ...
2. Don't overreact. ...
3. Identify and mark nonpublic forums. ...
4. Consider rules about harassment. ...
5. Before adopting any specific regulations, a municipality should consult
with its attorney.
https://www.masc.sc/Pages/newsroom/uptown/January-2020/Keeping-Calm-With-First-Amendment-Audits.aspx

5. Why us?
• Norfolk Public Library’s “audit”

6. Video Clip of another First Amendment Audit
We recommend stopping after the security guard
section – the language used by the youth services
worker is not always safe for work or bleeped out.

7. What is the Law?
• The law distinguishes between a traditional public forum, or
public square, and facilities opened to the public for a particular
use or purpose, like a library or a courthouse. Facilities like
libraries and courthouses are considered to be limited public
forums or non-public forums1 for purposes of the First
Amendment. In limited or non-public forums, 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.
• https://www.oif.ala.org/oif/auditing-the-first-amendment-at-your-public-library/

8. How do we set good policies?
• Library policies and procedures governing the use of library
facilities should be carefully examined to ensure that they
embody the principles expressed in the Library Bill of Rights.
• When creating your own policies and procedures – cite statutes
and ordinances that give that authority.
• Generally want to look at Policies and Procedures regarding library
user behavior and library usage.
• Be sure to obtain an opinion from your city/town/village attorney.
• https://www.ala.org/advocacy/intfreedom/guidelinesdevelopment

9. What policies do we set??
• Staff Only areas should be clearly labeled
• Don’t bring someone other than staff into that area while a First
Amendment Auditor is present or you may need to admit them as well
• Video policies?
• Slippery slope – some folks remove reference to videorecording altogether
• They may have a right to record in public areas
• Is there a restriction on filming individuals without consent?
• Be sure to obtain an opinion from your city/town/village attorney.

10. Nebraska Statute Information shared by
SELS Assistant Director Todd Schlechte
Nebraska Revised Statutes 51-212
Public library; use and purpose.
Except as provided in section 51-211, every library and reading room supported by public tax shall be
forever free to the use of the inhabitants of the city, village, county, or township maintaining such
library, subject always to such reasonable regulations as the library board may adopt to render such
library of the greatest use to the inhabitants of the city, village, county, or township. The board may
exclude from the use of the library and reading rooms any person who willfully violates or refuses to
comply with rules and regulations established for the government thereof (underlining added for
emphasis).

11. Sample Policy citing state statute
Sample policy from Stromsburg Public Library:
E. Library Conduct
No conduct which interferes with, or discourages the public's use of the
library, will be permitted. To assist in maintaining an atmosphere conducive to
the public's use of the library and its collections, the Library Board has
adopted this Conduct Policy and the consequences of violation of said policy.
Section 51-212 of the Nebraska Statutes specifically gives public libraries the
power to regulate the use of the library and to exclude from the library
persons who violate or refuse to comply with the library’s rules and
regulations.

12. Sample Policy comparison – Public Library of
Cincinnati and Hamilton County
• 2004 included the following:
• Photography or videography is generally permitted if it is for general Public
Library promotion by the media, student projects, and/or strictly for personal
use.
• In order to protect the rights of individual Library patrons and to reduce
distractions, photographing and videotaping on Library property are restricted
as follows:
• Under no circumstances may the public, members of the media, or Library staff take
photographs or videotape without the express permission of any Library patrons who
would be prominently included within the composition.
• Requests to photograph or videotape for commercial purposes are not
permitted without approval by the Library Director. Requests for permission to
photograph or videotape for commercial purposes must be submitted in writing
for review by the Library Director.

13. Sample Policy comparison – Public Library of
Cincinnati and Hamilton County
• 2022:
• Photography or videotaping is generally permitted if it is for general library
promotion by the media, student projects, and/or strictly for personal use.
Photography on library property is generally permitted provided it is not
disturbing customers or invading their personal space. Requests to
photograph or videotape for commercial purposes are not permitted
without approval by The Eva Jane Romaine Coombe Director of the Library.
• Requests for permission to photograph or videotape for commercial
purposes must be submitted in writing for review by The Eva Jane Romaine
Coombe Director.

14. North Platte Public Library
Staff Only Area Examples

15. Keene Memorial Library
Staff Only Sign Examples

16. Staff Training
• There’s not a lot of formal training out there to work with.
• Pass along relevant articles –check the links in this presentation.
• https://www.oif.ala.org/oif/auditing-the-first-amendment-at-your-public-
library/
• https://americanlibrariesmagazine.org/2020/01/02/free-speech-free-for-
all-first-amendment-audits/
• https://www.vlct.org/resource/reducing-risk-first-amendment-
audits#:~:text=A%20%E2%80%9CFirst%20Amendment%20audit%E2%80%9D%20i
s,record%20in%20public%20is%20preserved.
• https://www.vlct.org/be-aware-first-amendment-audits
• https://www.youtube.com/watch?v=pFg4x_EQ0VI (40 minute video created
by Utah Local Governments Trust)
• Talk about how to respond and consider role-playing.

17. Staff Training
• More Information from other states & organizations
• https://www.masc.sc/Pages/newsroom/uptown/January-2020/Keeping-
Calm-With-First-Amendment-Audits.aspx
• https://firstamendmentwatch.org/deep-dive/controversial-first-
amendment-auditors-test-the-right-to-film-in-public-spaces/ (focus on
videorecording police but interesting nonetheless)
• https://librarylandproject.org/stories-blog/2022/6/15/libraries-and-first-
amendment-auditors – includes a presentation from a Massachusetts
attorney with some great advice – even if it’s a different state.
• Information from the Auditor’s perspective
• https://www.firstamendmentauditing.com/

18. Final Thoughts
• Remember: a First Amendment audit that goes well is rarely seen
in public and is a boon to the municipality for being cognizant of,
and supporting, First Amendment rights.
• Any lack of controversy or perceived overreach by a government
official is not newsworthy and is generally not posted.

19. Q&A and our contact information
• Jessica Chamberlain (jchamberlain@norfolkne.gov),
Norfolk Public Library
• Laura England-Biggs (laura.biggs@fremontne.gov),
Keene Memorial Library (Fremont)
• Sky Seery (SeerySE@ci.north-platte.ne.us),
North Platte Public Library