Local Libraries Are Being Targeted by ‘1st Amendment Auditors’, Book Challenges

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The past year has witnessed a rise in the presence of "First Amendment auditors" visiting public libraries all across the United States, including Michigan. These auditors aim to test the permissible limits of filming inside library premises.

The concept of First Amendment "audits" involves individuals purposefully visiting public spaces such as police stations, city halls, and libraries to uncover potential violations of their First Amendment rights. While these audits have been occurring for several years, the American Library Association’s Office for Intellectual Freedom reports that they have become more forceful since the beginning of 2021.

The First Amendment guarantees the protection of various rights, including freedom of speech, religion, press, assembly, and the right to petition the government.

Deborah Mikula, executive director of the Michigan Library Association (MLA), explains that the auditors have diverse motives. Some seek fame and recognition on platforms like YouTube, while others intentionally provoke confrontations. These auditors create videos to claim infringement of their First Amendment rights, expecting reactions from library staff or the police.

This issue adds to the ongoing debates surrounding public libraries, which have attracted national attention due to discussions on banning certain books.

Lance Werner, the executive director of the Kent District Library system in Grand Rapids, reveals that auditors have visited each branch within the system. However, no instances of harassment or hostility have been reported.

"We treat everyone with empathy, kindness, love, and respect, regardless of whether they enter the library to film employees or ask probing questions," Werner affirms. "It doesn’t concern us. We are transparent and acknowledge everyone’s right to be present in the library. The only situation that would matter to us is if they interfere with other patrons."

While the public has the right to film inside public buildings, the Library Privacy Act in Michigan safeguards the privacy rights of patrons concerning the materials they read or borrow from the library.

Mikula highlights the importance of considering the privacy of other library users. Protecting their privacy is a crucial aspect of the conversation within libraries, as it involves not only librarians but also numerous other individuals present in the buildings.

To address this issue, the Michigan Library Association has been providing training to librarians on de-escalation techniques.

"Our aim is to ensure that our librarians feel confident in handling First Amendment audits, and that’s all we can do," Mikula asserts.

The scrutiny on libraries has intensified in recent months, particularly due to nationwide discussions on book bans. Republican groups, such as the national organization No Left Turn in Education, have spearheaded these efforts primarily targeting school libraries and seeking to ban books discussing topics of race, gender, and sexuality.

Werner notes that since the beginning of the previous summer, the number of challenges against books received by the Kent District Library has noticeably increased, with informal challenges arising on a weekly basis.

Werner clarifies that very few books would actually be banned from any of the KDL public libraries. For a book to be removed from the library’s collection, it would need to fall under the category of pornography or child pornography, as these are not protected by the Constitution.

According to the preliminary report on America’s Libraries by the American Library Association, there were over 330 unique book challenges reported nationwide between September 1 and November 30, 2021. This number represents more than double the reports received in 2020 (156 challenges) and is expected to surpass the figures from 2019 (377 challenges).

"We strive to do right by people and prioritize upholding the Constitution," Werner emphasizes. "We treat everyone with kindness, and society will continue to act as it does. I just wish everyone understood that we have no hidden agenda and do not endorse any specific agenda. We remain politically neutral."

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