Austin Public Library prepares for First Amendment auditors

The Austin Public Library is busy with summer reading programs, passport services and book ban resistance. Newer to the list? Trying not to go viral.

Library staff recently received a briefing on First Amendment audits, in which citizen journalists and activists film government employees in public spaces as a test of their constitutional rights – or to uncover possible violations. 

“Libraries are a perfect target, because they are governmental entities, and people can walk in,” North Village Branch Library Manager Michael Abramov told the Library Commission on Monday.

No such audits have been recorded at Austin Public Library branches so far. But Abramov cited examples at other public buildings around Austin, including the former U.S. Post Office in Hyde Park, the Texas Department of Economic Development & Tourism near the Capitol and the Austin Police Department substation in Lamplight Village. 

He also pointed to an uptick in the wake of the May 2020 murder of George Floyd by Minneapolis police, which spurred interest in recording public employees, including law enforcement officers, at work.

In fact, library systems across the U.S. reported more – and more aggressive – audits in 2021 compared to 2020, according to data from the American Library Association’s Office for Intellectual Freedom.

Pandemic shutdowns, worsening political acrimony and profit motives – such as the monetization of audit recordings via YouTube or TikTok – may contribute, too, Office for Intellectual Freedom Director Deborah Caldwell-Stone told American Libraries Magazine in January 2022. 

In light of these trends, Abramov wants library staff to be prepared if they encounter an auditor seeking provocation and views. 

“Just because you think your community is OK, that there’s not much strife, they will do these audits,” he told commissioners.

Best practices include being friendly and providing information about the Austin Public Library’s photography and filming policy and about libraries’ status as limited public forums, which allow for restrictions on certain activities. 

Abramov drew a comparison with local news stations, which must get permission to film at Austin Public Library branches – a balancing act between First Amendment rights and patrons’ right to privacy.

He also mentioned the current policy allows patrons to film themselves inside the library – a common occurrence in the age of smartphones – but requires them to get consent if they want to film others, especially children. 

Finally, Abramov dissuaded library staff from confronting or resisting auditors, who often are seeking transparency and will leave once they’ve found it. 

“It can be a bit jarring … but the best we can do to sort of ignore and not feed into that negativity, the better we turn out on social media,” he said.

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