Recently Asked Questions (RAQs)

Our public library has been told by patrons that another patron is following up on interactions at the library, including at the circulation desk, by showing up at the reporting patrons’ homes. Such behavior, if harassing, is against our Code of Conduct. Does our library risk legal liability for this?

[We got some questions from a library in the midst of revising a policy on recording in the library...]

Are staff required to give their first and last names (or any name) to an auditor or member of the public on demand?
Is photographing and videotaping members of the public in the library without their consent permissible?
Is photographing and videotaping in the library allowed “only when consistent with the nature or purpose of the facility (during programming, etc.) or “at the discretion of the Library Director”? Our current policy language reflects this, and it isn’t clear whether this is legally sound.
What exactly can a 1st Amendment Auditor film or photograph?
Are permissions for these activities different for members of the media; both commercial and independent, self-identifying journalists or media organizations?

There are reports of first amendment audits happening in rural towns and villages. Public libraries are limited public forums - how can we stop the filming, as quietly as possible without causing a social media frenzy.

Our municipal library recently revised its by-laws, and the revisions were approved by four of our five elected trustees. The fifth trustee abstained, and a month later sent the other board members an email saying he thought some of the language was in violation of First Amendment rights. He said three lawyers he talked with concurred.

The language in question were sentences that were copied verbatim from United For Libraries of the American Library Association's Code of Ethics. The same language was found in the New York State Library Trustees Manual, published by the New York Board of Regents.

Specifically, this is the language in the revised by-laws the trustee objected to:

"Trustees must distinguish clearly in their actions and statements between their personal philosophies and attitudes of those of the library, acknowledging and supporting the formal position of the Board even if they disagree."

"When any trustee acts in a manner that is not in the best interests of the library or in a cooperative nature of the Board, the Board Chair shall discuss the issue with the trustee in a direct and constructive manner. Specifically, if a trustee is negligent in attending meetings to an extent that affects the operation of the Board, if a trustee is actively working against the interest of the library or Board decisions, if a trustee acts or speaks on behalf of the Board on any matter without prior approval of the Board, or if a trustee or his/her family benefits personally from any library matters, that trustee may be asked to resign from the Board by majority vote of the trustees. The trustee will be asked to resign from the Board by letter from the Board Chair, and the trustee will be asked to send a letter of resignation to the Board Chair."

The trustee stated, "A public library, with publicly elected trustees cannot in any manner restrict the opinions or comments of any board member, whether in executive session or public meeting, nor can they be compelled to support the decisions of the majority. Such action is a direct infringement on the First Amendment to the Constitution."

QUESTION: Do the passages in quotes[1] from United for Libraries of the library's new by-laws infringe on First Amendment rights?

[1] NOTE:  The quoted language in the question does not exactly track the language in the 2018 NY Trustee Handbook, nor the United for Libraries Public Library Trustee Ethics Statement.  This reply addresses the language as quoted in the question and does not address the Handbook nor the United for Libraries Public Library Trustee Ethics Statement.