How to Conduct A First Amendment Audit

"WHY?" is a whole 'nother question...

Well, we talked about diversity audits, now let’s talk about the opposite (sorta, kinda): First Amendment Audits.

Who Am I? Petey D. Mofo!

Photo by Isabella and Zsa Fischer on Unsplash

I am a HUGE proponent of the First.

Free speech rules, regulations drool, to put it in Disney channel terms.

Sometimes I’m a little saddened by the way people talk about free speech as the problem. It’s my opinion that the views some people express with their free speech are the problem, and it’s my opinion that regulating speech doesn’t effectively change someone’s mind. 

Speech isn’t like a radio station where turning down the volume on a bad idea makes it go away. I’ve been known to twist the volume down on Beyonce (not my cup of tea), and, well, she’s certainly still here. I don’t listen to her by choice, but hey, when I’m in a Target, you just have to accept that you live in a world with more people than taste.

That said, one of the reasons free speech has such a bad name right now is that it’s being used oddly by some folks who are…well, here’s what they’re doing.

What Is a First Amendment Audit?

When you have something like an FAA, I like to explain it by saying what its promoters would say and also what its detractors would say, and we can probably locate the truth somewhere between those two poles.

Not always in the CENTER, just somewhere between.

FAAs are, basically, situations where someone, usually more conservative, enters a library with a camera to sort of check up on whether their rights are being respected. Specifically, they’re checking their First Amendment rights in regards to filming in public spaces.

I think what the makers of these videos would say is that they are entering public spaces to check reactions, and specifically they want to make sure nobody is going to prevent them from filming, which they see as a violation of their rights.

On that surface level, seems like a silly thing to do to me, but harmless. 

MY interpretation of first amendment audits is that dopes who want to make video content, so they walk around and film in hopes of getting a rise out of someone. If nobody gives them any shit, they often start to mildly antagonize library staff or patrons until someone reacts negatively, then they claim their rights are being damaged and/or they’ll claim they’ve been personally traumatized. 

How I Know These Audits Are Bullshit

People are ONLY filming in libraries to make sure they can, not because there’s anything worth filming or some need to film in libraries.

But further…

If you’re really concerned about what libraries were do, file a request for info, and Colorado (among other states) has laws that mean you can make records requests that turn over items like meeting minutes, emails, etc. Stuff you wouldn’t normally see, but that we’re required to hang onto for such requests.

We rarely get these because nobody actually cares.  

This is not limited to the conservatives, by the way. I was recently shown a video from my local university and alma mater of a chalk-based protest demanding financial transparency from the university. As much as I appreciate a chalk-based approach, and the video is EPICALLY scored, those documents are always and have always been available, likely by simple request, but if not, then by legally-enforced CORA request.

In fact, here’s a little rundown of how that works at that particular institution.

It’s odd to me that FAAs and protests like this demand transparency without checking into whether that transparency is already readily available.

But there’s an explanation.

Why Don’t People Do It The Right Way?

In our mediated culture, combing spreadsheets and board minutes and the like is SO uninteresting and will get you NO views online. It’s the most effective way to create change, in my opinion, but I don’t think change is what everyone wants.

I think a lot of folks want to make a video.

And if your goal is to make a video, I can’t argue with the FAA method. Fincher managed to make the creation of Facebook into an interesting movie, but Fincher you ain’t.

This is why I think FAAs are mostly horseshit. Because if I gave the makers of them the option to make a change or to make a video, I think they’d make a video.

Here’s My Advice

I’m not here to tell you NOT to do FAAs. If you’ve got the time and inclination, I mean, I could make a list of other things you might do instead (have you ever changed your furnace filter? the water filter on your fridge? when did you last floss?), but if you’re dead-set on this activity, I guess have fun?

The reason I’m giving you advice here is not to protect libraries or library staff, they’re fine.

The issue is that when you act like a jerk, you make everyone who is ACTUALLY concerned with the First Amendment look like a dipstick.

You’re sacrificing the credibility of First Amendment supporters for the sake of making fun videos.

I can understand blowing up an old hooptie for an action movie, that’s a reasonable sacrifice, but tossing the First Amendment on the Like and Subscribe fire is shitty.

So let’s talk about how you might do FAAs in a reasonable way that don’t make the rest of us look stupid.

• You’re welcome to come in and film in most libraries, but please check the policies online. Some libraries do have policies that prevent filming of other library patrons or creating identifiable images of other people using the library. Most of what’s protected by The First is your right to film government employees going about their business, not just any person who happens to be in a library.

• If you don’t like the policies, talk to the admin or board about it. Come film at a board meeting and make your case. When you come and film in the library, the people working the desk have to enforce the policies, and they have zero ability to change those policies, so all you’re going to do is “expose” someone in a public service job doing what they have to do to make a living. I’m a believer in catalyzing change by giving the right person headaches, and making this miserable for floor staff isn’t that.

• Start your filming by approaching the desk and letting staff know what you’re doing. That way, when other patrons come up to the desk and tell us that weirdos are walking around filming, we’ll know what’s up and that you’re just checking your rights and will be on your way. You’re not trying to hide that you’re filming, right?

• I’m just going to advise against filming minors or the children’s area no matter what. Oftentimes, someone filming children will have the police called on them, not by library staff, but by parents and other concerned patrons, and while the police may not be able to prevent you from filming, they’ll come and check it out because you’re an adult filming children you don’t know, which is admittedly creepy and weird. Besides, adults can advocate for themselves and ask you not to film them, but kids might not feel like they can do that. Bottom Line: You can assess your rights without filming little kids, right? So maybe do it that way.

• If patrons want to be in your video, they can approach you. I know that might seem restrictive, but hear me out: Lots of people are conducting their personal business in the library. And maybe they’re doing leisure shit, and please understand, perhaps this is some of the very little leisure time they get in their week. Someone sitting there peacefully is not violating your rights. Besides, you want them to be on your side, right? They’re not going to be fans of yours if you act like a peehole. These are your neighbors and community members. Treat them with respect.

• If we get complaints that you are being disruptive or engaging patrons and disrupting their normal library use, we’ll probably have to give you the boot. Understand that this is the exact same way I’d act towards someone bothering other patrons for any reason. You can’t come in and sell Girl Scout cookies, you can’t come in and ask people to sign a petition, and you can’t come in and bother people so they’ll be in your video. Most likely, I’ll give you a warning, and if I get a second complaint, I’ll ask you to leave. 

• If you don’t get what you want, if you come in and the library is peaceful and has no problem with you filming, would you be so kind as to do your thing, then pack up and leave rather than bothering staff to the point that you get some sort of reaction? The goal is to make sure staff is letting you film, right? And if they do, then everything’s good? The goal isn’t to make sure that the staff lets you treat them like garbage, so maybe leave that part out.

• If you engage staff in an antagonistic way, spare us the acting like you were terrified and scarred for life or whatever. This is what you came for, we all know it, so just be giddy dorks about it as you run out to the parking lot with your footage instead of acting like, “Whoa, dude, that was scary. That person said a naughty word.”