The Complicated Nature of a "First Amendment Audit"

When one logs onto Facebook, or really any Social Media or internet site, it is not uncommon these days to come across a video of some type of citizen/police encounter being filmed. These types of videos have gained a lot of popularity, so much so that there are now entire accounts with thousands of followers devoted to creating this type of content. Many simply find videos to repost; but recently there has been a rise in individuals completing what is known as a "First Amendment Audit". During a FAA,  an individual goes to a public space such as a government building, post office, police station, etc... and simply films what might be happening that day from the public property. These individuals consider themselves activists, and are USUALLY well-versed in the particular laws that grant them the right to film in these areas. 

FirstAmendmentWatch.org states in an article on their website that " An uneventful audit is akin to “passing a test,” while a confrontational audit, usually an attempt by an employee to interfere with the filming, gets a failing grade. Many audits are non-violent and uneventful. But some encounters have escalated dramatically, resulting in arrest and litigation". 
Link to FAW.org article

Countless videos reveal that many police officers, security guards, and other enforcement officials do not know the laws. Famous cases resulting in victories for the auditors include one from Green Bay, Wisconsin in which the auditor was tackled to the ground on public property resulting in 4 officers being reprimanded, and another in Colorado Springs when the auditor settled with the city for Unlawful Detainment in the amount of $41,000 after his equipment was confiscated. These victories and others have inspired people to keep making these audits and essentially "testing" the knowledge and reactions of their local law enforcement. The various results may or many not shock you.

Recent Auditor Victory

However, not every auditor actually follows the law when making these videos. Auditors have to be very careful about staying on public property. Additionally, while many auditors begin their videos within the frame of the law, once a confrontation begins they often make an error such as evading the officer which then puts them in violation.

Personally, I feel very conflicted about the idea of these audits. The bottom line is that if the person making the audit is following the law, then there is not much else to contemplate in that regard. However, there is something instinctually confrontational about many of these interactions. There is also no denying that people generally do like to be filmed when they do not know the recorder or its purpose, even if you have knowingly given up that right to act in a role such as police officer. Just as the auditors are within their rights to film from a public space, enforcement officials have a right and a duty to uphold their job, and I do not think it constitutes a a "failed audit" if an officer asks what the recorder is doing or if he is okay. It's sickening to hear the officers blatantly lie, but especially from the perspective of a young woman who has worked in an enforcement role before, I would be on edge too if I was being filmed doing my job without knowing why.

Overall I think that the idea of these videos is going to force people on both sides (auditors/the public and enforcement) to be a lot more accountable and knowledgable in these types of situations. I think that unfortunately, many of these audits have resulted in some unfair situations; many of these audits feel more about intentionally seeking out a confrontation than gathering information despite how the auditor was acting. While it's legal to film these interactions, it's unfair to use them for clout. I think many of us can agree that true police officers, because of their training, have no excuse for not knowing the law, acting aggressively, asking to not be filmed. etc... However many of these audits involve postal workers, general security guards, IRS employees, etc... whom are held in the same category but not afforded the same protection and training that "cops" are. I have yet to see an audit where this reality is recognized.

In general, I think the videos will result in a net positive in the form of increased accountability. Once can only hope that the videos of these minor interactions might deter the potential escalation of a more serious one. Given the reality of racial injustice, violence against women, etc... it is also comforting to know that people are feeling more empowered to record potentially dangerous/threatening interactions. There used to be a time in America that despite most of us owning a smartphone with a camera, many were still unsure about their ability to use it. I will be interested to see what happens as more and more "audits" are released, and hopefully we can all learn a powerful collective lesson about the First Amendment as a result.