Filming in the Library
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By Hannah Good Zima, Outreach Coordinator
Nicolet Library System
Over the last several years, public libraries have seen a significant increase in “First Amendment audits.” These audits involve an individual’s right to film in any public building. They test that right by going into public spaces and recording videos. Based on their output, their goal is to create videos of their encounters with police, security officers, and public officials that document possible violations of the camera person’s First Amendment rights. The video is then posted to social media outlets and used as evidence for a legal claim against the targeted agency or officials. Additionally, the auditor may seek to create a confrontation which would make the video more interesting and increase the views it will receive online.
The best practice for dealing with these “auditors” is to not engage with them and allow them to film as long as they comply with all library policies, including but not limited to those regarding behavior, media, and staff harassment.
Users Filming in the Library
Libraries are allowed to create policies which regulate filming behavior in order to protect patron privacy. Policies can be put in place that allow patrons to use the library free of harassment, intimidation or threats to their safety. Regardless of the specifics of each situation, policies regarding filming in the library should be as specific as possible and consistently enforced. Any restrictions should be content-neutral; however, libraries can enforce time, place, and manner restrictions on filming.
If filming is allowed, behavior and other policies should be carefully crafted to protect users from intimidation and harassment, as well as to ensure that any evidence of an individual’s library use is kept confidential, similar to the confidentiality of circulation records. Library users should not expect to be free from observation, except in those spaces within libraries where users have an expectation of privacy, such as bathrooms, study rooms, or offices, and those spaces should be clearly marked as private spaces.
Users Filming Library Workers
Policies concerning users filming in the library should also address the issue of users filming library workers. In their capacity as employees, library workers do not have the same privacy rights as library users. Furthermore, courts have upheld the right to record public employees carrying out their duties in public spaces. However, filming in the library should not monopolize library workers’ time or interfere with the performance of their duties. Filming that interferes with or harasses workers should be addressed by the library’s behavior policies. Additionally, private spaces reserved for use by the staff should be clearly identified by signage which states it is a private, staff-only space that bars entry by the public.
Library Worker Training
Library workers should be trained on all policies and procedures related to video surveillance in the library. They should feel confident in their knowledge and comfortable enforcing the policies consistently. Library workers should also be trained on professional ethics and issues of equity, diversity, and inclusion to appropriately guide the development and enforcement of policies.
Sources:
https://www.ala.org/advocacy/privacy/guidelines/videosurveillance
https://www.oif.ala.org/auditing-the-first-amendment-at-your-public-library/