Orem addressing censorship allegations, but more action needed, free speech group says

OREM — A national free speech group says it is not satisfied with the steps Orem has taken to address allegations of censorship and retaliation against library employees.

The Foundation for Individual Rights and Expression threatened the city with a lawsuit last month, alleging that officials violated the First Amendment rights of library employees who criticized the city's decision to ban Pride and heritage month book displays.

The city agreed to take a number of steps in a July 7 letter to the foundation, including examining its social media policy, reestablishing professional development policies for librarians and publicizing its library display policy. The foundation had alleged the city used a vague social media policy to threaten employees with termination if they spoke out and had told employees that membership in the Utah Library Association would be considered insubordination despite having previously paid for employees' membership dues and attendance at the association's 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 city management interaction with library employees," Orem City Attorney Steve Earl said in the letter. "The city hopes that current concerns and misunderstandings can be resolved in a cooperative and nonadversarial manner."

The Foundation for Individual Rights and Expression, which is representing the Utah Library Association, said while it is pleased Orem is taking steps "in the right direction," more action is necessary. The foundation specifically called on the city to:

1. Reform its social media policy to ensure it complies with the First Amendment.
2. Make its policy regarding participation with the Utah Library Association official by putting it into the Orem Employee Handbook and informing library staff of the changes in an all-staff meeting.

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

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

Building pressure

The current disagreement was sparked in 2022, when the Orem Library banned Pride month displays in the children and teen sections and instead told librarians to move a Pride children's book display to the adult section. The decision drew criticism from some members of the public, individual library staff members, Equality Utah, the Utah LGBTQ+ Chamber, Utah Valley Parents Alliance and the Utah Library Association.

"It is unacceptable, and a possible infringement of citizens' First Amendment rights, when politicians intervene and direct staff to eliminate planned displays or have them moved to a less frequented area of the library because those politicians do not like the topic or viewpoint being expressed," a statement from the association reads. "Moving a children's book display to the adult section where materials may not be age-appropriate for children is problematic because it actually increases the likelihood of exposing children to material that is unsuitable for their age and makes the materials less accessible for families and harder to discover."

The library later banned displays for heritage months, including Hispanic Heritage Month, Native American History Month and Black History Month despite having previously allowed such displays. Library displays for holidays like Columbus Day, Christmas and the Fourth of July continued.

The Utah Library Association also claimed that library staff members "understood that they could not speak publicly about this directive under threat of reprisal." Former library employees reiterated those allegations in blog posts and interviews with the Daily Herald.

The city's newly publicized library display policy states that display materials are selected based on the professional judgment of staff as well as criteria that includes "a variety of perspectives, including (but not limited to): race, ethnicity, gender, religious belief, sexual orientation, age, political thought and occupation."

Earl, the city attorney, said the city and the foundation are "already fully aligned" as far as transparency about 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 attempts to reconcile.

Earl also acknowledged that while a library employee was disciplined in spring 2022, it was not for criticizing the library display policy but for "reckless spreading false information about the library," specifically that the library was being threatened with budget cuts. He also rebuffed claims that the city's social media policy for employees 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 embarked on 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 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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