[Michlib-l] First Amendment Audit

Wed Jan 12 10:57:34 EST 2022

I encourage anyone interested to review the information that Shannon posted a bit ago. It is pretty comprehensive.

 It should be noted that First Amendment Audits would not apply in a private business (such as a bank). There is no First Amendment Right to enter a business. There is a first amendment right to access to a public library, or to access a government building. 

That right does not extend to non-public areas of a government building , like staff only areas, behind desks, etc.
A library should clearly mark staff only areas so auditors are aware that they are non-public places.

Auditors want a US Constitution for Dummies so they can hand it back to library staff if staff refuse them access to something the auditor feels they should have access to - it is a prop.

Well said Tamara! You are exactly right about making the experience boring.

Thanks!
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov
517-335-8132
The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
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-----Original Message-----
From: Michlib-l <michlib-l-bounces at mcls.org> On Behalf Of AD Jeffrey Babbitt via Michlib-l
Sent: Wednesday, January 12, 2022 10:34 AM
To: OJ Amber Mclain <amclain at patmoslibrary.org>
Cc: SF Director Account <frudir at llcoop.org>; michlib-l <Michlib-l at mcls.org>
Subject: Re: [Michlib-l] First Amendment Audit

CAUTION: This is an External email. Please send suspicious emails to abuse at michigan.gov

It would make for a fascinating and helpful discussion. I'm not very familiar with FRICN MEDIA, but was under the impression it was just a guy with a YouTube channel, which is how everything seems to start in the digital age. As a new director with little to no experience with auditors, I would appreciate hearing more about this from more experienced administrators. At any rate, a First Amendment Audit is a deeply interesting idea, public sector or no.

Jeffrey Babbitt, MLIS
Director
Dorr Township Library
1804 Sunset Dr.
Dorr, MI 49323
616-681-9678 (o)
269-598-6929 (m)

----- Original Message -----
From: "OJ Amber Mclain via Michlib-l" <michlib-l at mcls.org>
To: "Steven Kish" <skish at ltu.edu>
Cc: "SF Director Account" <frudir at llcoop.org>, "michlib-l" <Michlib-l at mcls.org>
Sent: Wednesday, January 12, 2022 10:02:14 AM
Subject: Re: [Michlib-l] First Amendment Audit

Perhaps this is something we should discuss at the director's meeting on friday.

Amber McLain Library Director, Patmos Library
(she/hers/hers)

----- Original Message -----
From: Steven Kish via Michlib-l <michlib-l at mcls.org>
To: SF Director Account <frudir at llcoop.org>
Cc: michlib-l <Michlib-l at mcls.org>
Sent: Wed, 12 Jan 2022 09:52:26 -0500 (EST)
Subject: Re: [Michlib-l] First Amendment Audit

I am curious if there is a governing body for these and who they are.

As a former bank manager, I am not unfamiliar with being audited but there was always a governing body (either the bank itself or an official governmental body like the Office of the Comptroller of Currency) that was executing an audit for regulatory purposes. I am all for protecting patron privacy, but there is also an employee privacy issue to consider if an ungoverned third party is allowed unobstructed access to back of house operations. My employees were aware that there were cameras everywhere (it was a bank, after all) but we also knew for certain who had access to the images captured on those cameras and what they were used for.

As for looking for certain items in a collection... it is the library's job to audit the collection, not some third party. There is a method and a process. I would have asked what data the auditors were using to determine that the requested item should be part of the collection. I would have also asked them both for ID, contact information and recorded it and asked them to clear it with the library's legal team before letting them access the facility.

My two cents.

Steven

PS. Please be mindful that all MichLib emails are recorded and Google searchable when replying to this post.

On Wed, Jan 12, 2022 at 9:38 AM SF Director Account via Michlib-l < michlib-l at mcls.org> wrote:

> Good morning,
>
> I have never heard of this. Why is the *U.S. Constitution for Dummies* 
> a book they would ask about? Is there a process or procedure for how 
> libraries should act or react to this group? You mention being 
> respectful but anything else?
>
> Any assistance in this for me to inform my staff would very helpful.
>
> Matt Lubbers-Moore
>
> ------------------------------
> *From: *"Perri Saunders via Michlib-l" <michlib-l at mcls.org>
> *To: *"michlib-l" <michlib-l at mcls.org>
> *Sent: *Tuesday, January 11, 2022 1:28:09 PM
> *Subject: *[Michlib-l] First Amendment Audit
>
> Just had our first First Amendment Audit.  It went very well, actually.
>
> I spotted them before they came in so we could gather ourselves for a 
> minute - make sure no patron names were on screens, and the reserve 
> shelf had no names showing, etc.
> Two people (man and woman) came in with cameras.  I welcomed them from 
> the circ desk as I would anyone else (maybe a *little* more 
> enthusiastically).  The man asked if we had the U.S. Constitution for 
> Dummies and we talked about that a little.
>
> I offered to show them around, but they just wanted to walk around and 
> film.  We only had one patron in here at the time, so when the man 
> started that way, I just told him that he was welcome to film anywhere 
> in the public areas as long as he didn't interfere with other patrons' 
> enjoyment of the library.
>
> We were respectful and, in turn, they were respectful, so it went just 
> fine.  They were here for about 15 minutes.  I won't lie - it felt 
> like longer.
>
> I know that this man, FRICN MEDIA, has lots of 1st Amendment Audit 
> videos on YouTube,  many of which turned confrontational.  We were 
> welcoming, forthcoming, and really boring.  Score!
>
> Like Kate Andrade said, "It's not if, it's when".  We might as well be 
> prepared.
>
> Have a great day!
> Perri
>
> --
> Perri Saunders, Director
> White Pigeon Township Library
> 102 N. Kalamazoo St., P.O. Box 399
> White Pigeon, MI 49099
> 269-483-7409
> *p.saunders at woodlands.lib.mi.us <p.saunders at woodlands.lib.mi.us> *
>
> *Brighten the corner where you are.*
>
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> Fruitport District Library
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--

*Steven Kish*

*Reference LibrarianLawrence Technological University Library*

*Email <library at ltu.edu>, call <2482043000>or 24/7 chat with <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flibguides.ltu.edu%2F247help&data=04%7C01%7CMembielaC%40michigan.gov%7C65dc82306cb04596eb0508d9d5e19f8e%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637775987298792231%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=WR7y03TDUZj7f6%2BZD9hBjuaiOBIFVI3oKOoty5XK4Y0%3D&reserved=0> the LTU Library (fastest)* *Direct email: skish at ltu.edu <skish at ltu.edu> (will reply my next scheduled
shift)*

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