The Citizen Journalist: What You Need to Know About First Amendment Auditors
Have you ever been in a public place, only to be told by an authority figure that you cannot take pictures or record videos? Maybe you’ve been threatened with arrest or had your equipment confiscated. If you’re not familiar with your First Amendment rights, you might have thought that you had no choice but to comply. However, that’s not necessarily the case. In fact, there is a growing movement of individuals known as First Amendment Auditors who are using their cameras and recording equipment to assert their rights and hold authorities accountable. In this article, we’ll take a closer look at what First Amendment Auditors are, what they do, and how you can exercise your own rights to record in public.
Understanding the First Amendment
Before we dive into the topic of First Amendment Auditors, let’s take a quick refresher on the First Amendment itself. The First Amendment is a part of the United States Constitution that protects several basic freedoms, including freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government for a redress of grievances. Of particular relevance to First Amendment Auditors is the freedom of the press, which includes the right to gather and disseminate information through various mediums, including photography and videography.
What is a First Amendment Auditor?
A First Amendment Auditor is an individual who tests the boundaries of these First Amendment protections by exercising their right to record in public. In general, a First Amendment Auditor will visit public spaces, such as government buildings or police stations, and attempt to record what they see and hear. They may do this alone or in groups, and they may use a variety of recording devices, such as cameras, smartphones, or even drones.
The ultimate goal of a First Amendment audit is to document the interaction and ensure that government officials respect the individual’s First Amendment rights. If the interaction goes smoothly, the individual or group may simply leave and upload the footage to social media or YouTube. If there is a confrontation or arrest, the individual or group may seek legal action or file a complaint with the relevant authorities.
Examples of First Amendment Audits
First Amendment Auditors have carried out their activities across the United States, and there are many notable examples of their work. Here are just a few:
- In 2015, Phillip Turner, a First Amendment Auditor from Texas, was arrested for recording outside of a police station. He filed a lawsuit against the police department, arguing that his rights had been violated, and won a settlement of $205,000.
- In 2016, an auditor from California named Tom Zebra was tased and arrested by police while recording outside of a courthouse. He later filed a lawsuit and settled for $47,500.
- In 2019, a group of auditors visited a Department of Homeland Security facility in Chicago and were detained for several hours by federal agents. The incident was captured on video and went viral on social media.
Controversies and Criticisms
One of the biggest controversies surrounding First Amendment Auditors is the potential for confrontations or even violence. Some auditors may intentionally provoke authorities in order to elicit a reaction, which can sometimes escalate into physical altercations. Additionally, some people have criticized First Amendment Auditors for being overly aggressive or confrontational, which can create a tense atmosphere and lead to negative interactions.
On the other hand, supporters of First Amendment Auditors argue that their activities are an important form of citizen journalism and a way to hold authorities accountable. They point out that the presence of a camera can sometimes prevent abuses of power or violations of civil rights, and that auditors often uncover important information that would otherwise go unreported.
How to Conduct a First Amendment Audit
If you’re interested in conducting a First Amendment audit, there are a few key things to keep in mind. Here’s a step-by-step guide to help you get started:
- Research the Laws in Your Area: Before you start filming, it’s important to understand the laws in your state or municipality regarding filming in public spaces. Some areas may have specific restrictions or regulations that you need to be aware of, so do your research to avoid any legal trouble.
- Choose Your Location: Once you’re familiar with the laws in your area, it’s time to choose a location to conduct your audit. Look for places that are open to the public and have a high degree of government activity, such as police stations, courthouses, or city halls. You want to choose a location where there’s a good chance you’ll encounter public officials or law enforcement personnel.
- Familiarize Yourself with Your Rights: As we discussed earlier, it’s important to understand your rights when it comes to filming in public spaces. This includes the right to film in areas where there’s no expectation of privacy, and the right to film public officials in the course of their duties. Review the laws in your area to ensure that you’re aware of your rights.
- Film the Interaction: Once you’ve chosen your location and familiarized yourself with your rights, it’s time to start filming. Approach the location and begin filming the interaction with public officials or law enforcement personnel. Be polite and respectful, but assert your rights if they’re challenged.
- Upload Your Footage: Once the interaction is complete, upload your footage to social media or YouTube. This is a crucial step, as it helps to hold public officials accountable for their actions and can raise awareness of the importance of First Amendment rights.
Key Takeaways
First Amendment audits are a controversial but important aspect of free speech in the United States. By filming public officials and law enforcement personnel in the course of their duties, individuals can help to hold these officials accountable and ensure that our constitutional rights are respected.
If you’re interested in conducting a First Amendment audit, it’s important to understand your rights and the laws in your area. With a little research and preparation, you can help to protect the rights of all Americans and promote transparency and accountability in government.