Dealing with First Amendment Auditors Without Making Their Day

If you work in municipal government long enough, there is a good chance you will eventually encounter someone commonly referred to as a "First Amendment auditor." These individuals often arrive carrying cameras or smartphones, recording everything they see and every interaction they have with public employees.

For many civil servants, these encounters are frustrating, distracting, and sometimes downright infuriating. That reaction is exactly what many auditors are hoping for.

What Is a First Amendment Auditor?

Despite the title, most First Amendment auditors are not conducting any official audit. They are private individuals who intentionally visit government buildings, police stations, highway garages, town halls, public works facilities, and other public locations to record video while observing how government employees respond.

Some genuinely believe they are educating government agencies about constitutional rights. Others appear to be motivated primarily by generating YouTube content, increasing social media followers, or even creating circumstances that could lead to lawsuits or settlements.

Regardless of their motivation, many share one common objective: they are looking for a reaction.

The Button-Pushing Is Intentional

Experienced auditors know exactly how to make people uncomfortable.

They may stand silently filming employees for extended periods. They may refuse to answer simple questions. They may ask repetitive questions, challenge authority, or make comments designed to provoke irritation.

They understand that many public employees are not accustomed to being recorded while they work. They also know that stress can cause people to say or do things they normally would not.

If an employee loses their temper, orders someone to stop recording without legal authority, physically interferes with a camera, or unlawfully removes someone from a public area, the auditor has likely accomplished exactly what they came to do.

The video then appears online with a dramatic title, often portraying the government employee as ignorant of constitutional rights or hostile toward the public.

Recording Is Often Legal

One of the hardest realities for municipal employees to accept is that people generally have broad rights to photograph and record from places where they are lawfully present.

That means someone standing in a publicly accessible lobby or on a public sidewalk is often legally allowed to record what they can plainly see.

Simply because an employee dislikes being recorded does not usually create legal authority to demand that the recording stop.

Likewise, ordering someone to delete photographs or video is generally not something government employees have the legal authority to require.

Of course, every situation is unique. Recording that interferes with government operations, violates legitimate security restrictions, or enters areas not open to the public may present different legal issues. Local laws, state laws, and court decisions also vary.

Know Where the Public Ends

One of the best ways to reduce confusion is to clearly define which areas are open to the public and which are not.

Simple signs such as:

• Employees Only

• Authorized Personnel Only

• Public Access Ends Here

• Restricted Area

can make an enormous difference.

These signs are not about preventing photography. They establish clear boundaries regarding where members of the public are permitted to go. If someone crosses into a properly restricted area after being instructed not to enter, the issue is no longer about recording. It becomes an access issue.

Municipalities should review their facilities to ensure restricted areas are clearly identified. Employee workspaces, equipment bays, records rooms, dispatch centers, maintenance shops, and similar locations should not leave visitors guessing whether they may enter.

Don't Take the Bait

This is probably the most important advice. Remember that you may be appearing on camera from the moment the individual walks through the door. Assume everything you say and do could eventually appear online. Stay calm, remain professional, and speak respectfully. Above all, avoid arguments. If you do not know the answer to a question, say so. If the individual becomes disruptive, continue following your municipality's normal procedures rather than inventing new rules simply because a camera is present. 

Ironically, the most disappointing encounter for many auditors is one where every employee remains polite, professional, and knowledgeable. Videos showing calm, courteous government employees rarely generate the same online attention as heated confrontations.

Training Matters

Many municipal employees have never received any guidance on how to respond to these encounters. A brief discussion during staff meetings can go a long way toward preparing employees before the situation occurs. Employees should understand which areas of the building are public, which areas are restricted, who should speak with visitors when questions arise, and when law enforcement should or should not be contacted. Perhaps most importantly, employees should understand that simply being recorded is not, by itself, an emergency.

Professionalism Is Your Best Defense

Most municipalities pride themselves on serving the public with professionalism and courtesy. That same professionalism is often the best response when dealing with First Amendment auditors. Their greatest success often comes from provoking emotional reactions. If no one provides the dramatic confrontation they were hoping to capture, the encounter usually ends as just another ordinary visit to a government office.

You may not be able to stop someone from recording in areas open to the public, but you can control your own response. In many cases, that is the single most effective way to prevent an unpleasant encounter from becoming tomorrow's viral video.