Q. Guidelines for First Amendment / 1A Auditor Interactions

When is Videotaping & Photography allowed in the library?

• All official requests for filming in the library need to go through Marketing & Communication. Patrons can be directed to the Filming & Photography request form. 

• Filming of Police – Library staff should not intervene. We do not want to disrupt the police investigation nor put staff at risk.   

• Filming spaces and users – Library staff may respond to complaints. Patrons reserve the right to film in spaces where privacy is not expected. Privacy can be expected in employee offices, restrooms, study rooms (because these spaces can be reserved), & meeting rooms (as long as the meeting is not open to the public).  

• Filming of library staff – Library staff may ask them to stop filming. However, patrons do reserve the right to film staff in spaces where privacy is not expected, like our service desks.  

• Arizona is a single-party consent state, meaning it’s legal to record conversations as long as you’re one of the parties involved in the conversation, and you’re present the entire time. 

First Amendment (1A) Auditors

• A First Amendment (1A) Auditor records interactions with public officials to test government responses to their rights, often provoking reactions to use as content for social media. This has become common in libraries, and has occurred in a library on UA campus. 1A Auditors typically: 

• Enter public property with a camera  

• Film and ask questions without identifying themselves or explaining their purpose  

• Engage in behavior or make statements to provoke a reaction  

• Post the video of the encounter on social media  

• Score the encounter as a "pass" or "fail" based on the employee's reaction  

1A auditors see themselves as activists and citizen journalists, testing the boundaries of First Amendment rights. They are well-versed in these rights and may intentionally push limits to provoke staff. 

Staff Guidelines for Interactions with 1A Auditors: 

• Stay calm and neutral: Continue working as usual. Do not react to provocation. 

  •  Their goal is to provoke a reaction, like anger or an argument, to create content for social media. Remaining calm and not giving them an escalated reaction is not “good” content and can aid in de-escalating and/or ending the interaction. 

• Filming in public spaces: Staff cannot stop filming in areas where privacy is not expected (open library spaces and AskUs desks). Privacy is expected in spaces like employee offices, restrooms, study rooms (because these can be reserved), and meeting rooms (if not open to the public). 

• Answer library-related questions: Remain calm and answer library-related questions as you normally would.  

Employee Name Policy: 

• Employees are not required to provide their names to patrons, though it can improve customer service. 

• Staff should wear a name badge. If staff are uncomfortable providing their name, they may wear a badge that says, “Staff”. 

• Name, title, and salary are publicly available via public records request. 

Scenarios of 1A Auditors. Remember, this doesn’t cover every situation that’s possible, but these tips can be applied to those not documented here: 

• When filmed by an auditor: Continue working calmly. Answer any library-related questions and avoid engaging in provocation. 

  • Being filmed can feel uncomfortable, and this may be the goal of the person filming hoping to provoke an escalated reaction. Remain calm, and don’t engage if you don’t need to. 

• When a patron monopolizes staff time: Politely redirect them by asking if they have library-related questions or refer them to the online AskUs form for further assistance. 

  • If they’re asking library-related questions, you can say, “We’d be happy to continue helping you with these questions. I do need to assist the other patrons in line as well. I’d like to refer you to our online AskUs form, where a staff member can follow up and answer all the questions you have about the library”. 

  • For non-library related questions, you can say, “I do need to assist the other patrons in line” or “I’m sorry but I need to get back to assisting someone online” “If there are any library-related questions you have, please let me know and I’d be happy to help”. 

  • If they continue, you can say “I’ve helped you as much as I can, I’ll need to assist the others in line now”. 

• Dealing with inflammatory statements: If an auditor makes inflammatory statements, remain calm, avoid reacting, and respond with, “Is there a library-related question I can help with?” 

• Filming while narrating: If filming disrupts a quiet floor, politely ask them to reduce noise. Focus on addressing the issue of noise, and not that they are filming. 

• Provoking a Reaction: 

  • 1A Auditors film staff to provoke a reaction, often by following employees performing tasks or filming at desks until asked to stop. 

  • They aim to capture staff becoming upset or claiming filming isn’t allowed, creating content to accuse employees of violating First Amendment rights. 

  • Stay calm, neutral, and continue assisting patrons. By not reacting, auditors lose the opportunity to create the content they want, which may lead them to leave. 

  • If possible, step into an office. You can always ask for support from your colleagues and a supervisor. 

When to Call UAPD 

• Filming in private spaces: If filming occurs in areas where privacy is expected (e.g., offices, restrooms, study and meeting rooms). 

• Escalated conflicts: If a patron becomes upset about being filmed or conflicts arise. 

• Violating policies: If the auditor engages in threatening behavior or violates the Code of Conduct (COC). 

  • In this case, we are not addressing filming in the library, we are addressing another behavior and following our normal COC process.