Orem Responds to Censorship Allegations, But More Action Needed, Says Free Speech Group

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OREM A national free speech group says it is unhappy with steps taken by Orem to respond to allegations of censorship and retaliation against library workers.

The Foundation for Individual Rights and Expression threatened the city with lawsuits last month, alleging authorities violated the First Amendment rights of library workers who criticized the city’s decision to ban Pride and Heritage Month book shows.

The city agreed to take a number of steps in a July 7 letter to the foundation, including reviewing its social media policy, reinstating professional development policies for librarians and publicizing its library signage policy. The foundation had alleged that the city used a vague social media policy to threaten employees with firing if they spoke out and told employees that joining the Utah Library Association would be considered insubordination despite having already paid employee dues and attendance at association conferences.

“I believe your letter reflects an incomplete and often inaccurate understanding of the facts surrounding the library, the city’s relationship with the Utah Library Association, and the city management’s interaction with library employees,” Orem City Attorney Steve Earl said in the letter. “The city hopes that the current concerns and misunderstandings can be resolved cooperatively and not adversarially.”

The Foundation for Individual Rights and Expression, which represents the Utah Library Association, said while it’s glad Orem is taking steps “in the right direction,” more action is needed. In particular, the foundation called on the city to:

Reform its social media policy to ensure it complies with the First Amendment. Formalize its policy regarding participation in the Utah Library Association by including it in the Orem employee handbook and notifying library staff of the changes at an all-staff meeting.

“This is a great start, and we are pleased that Orem has publicly affirmed ‘its commitment to respecting the constitutional rights of employees and others with whom the city interacts,'” the foundation said in a statement. “But the First Amendment demands more, and the concerns (of the Foundation for Individual Rights and Expression) are not met. (The foundation) would welcome the opportunity to partner with the city to take the necessary steps and avoid litigation.”

The city and the foundation have expressed a desire to meet in person about next steps.

Building pressure

The current rift was sparked in 2022, when Orem Library banned Pride Month displays in the children’s and teen sections and instead asked librarians to move a display of Pride children’s books to the adult section. The decision drew criticism from some members of the public, individual library staff, Equality Utah, the Utah LGBTQ+ Chamber, the Utah Valley Parent Alliance, and the Utah Library Association.

“It is unacceptable, and a possible violation of citizens’ First Amendment rights, when politicians step in and order staff to eliminate scheduled displays or move them to a less-trafficked area of ​​the library because those politicians dislike the subject matter or viewpoint being expressed,” reads a statement from the association. “Moving a display of children’s books into the adult section where the material may not be age-appropriate is problematic because it actually increases the likelihood of exposing children to age-inappropriate material and makes the material less accessible to families and more difficult to discover.”

The library then banned exhibits during heritage months, including Hispanic Heritage Month, Native American History Month, and Black History Month, although it had previously allowed such exhibits. Library exhibits for holidays such as Columbus Day, Christmas, and July 4 continued.

The Utah Library Association also claimed that library staff “understood that they could not speak publicly about this directive or face retaliation.” Former library workers have reiterated these allegations in blog posts and interviews with the Daily Herald.

The city library’s new display policy states that display materials are selected based on the professional judgment of staff as well as criteria that include “a variety of perspectives, including (but not limited to): race, ethnicity, gender, religious beliefs, sexual orientation, age, political thought, and occupation.”

Earl, the city attorney, said the city and the foundation are “already fully aligned” when it comes to transparency of book display policies. He said the library’s new director, Bryce Merrill, who was appointed in February, worked with staff to prepare a detailed policy that was put into effect in April. However, Orem says the Utah Library Association has rebuffed the city’s reconciliation attempts.

Earl also acknowledged that if a library worker was disciplined in the spring of 2022, it was not for criticizing the library’s posting policy, but for “recklessly disseminating false information about the library”, specifically that the library was under threat of budget cuts. He also refuted claims that the city’s employee social media policy has chilled employees.

“The City of Orem is pleased that the Utah Library Association has publicly agreed to accept our invitations to re-engage. The city has undertaken a review of the internal employee social media policy and will make any necessary improvements or clarifications as needed,” city officials said in a statement Friday afternoon. “In addition, all library employees received written confirmation on July 7 that city-funded professional development opportunities with ULA have been reinstated. Looking ahead, we anticipate a renewed spirit of cooperation as we work with the Utah Library Association. As always, we remain committed to continuous improvement to provide the best possible library experience for our community.”

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Sydnee Gonzalez is a multicultural reporter for KSL.com covering the diversity of Utah people and communities. Dressed as Spanish. You can find Sydnee at @sydnee_gonzalez on Twitter.

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