What Are First Amendment Audits?
Don’t Panic! A Guide to What First Amendment Audits Are
A First Amendment audit is when a private citizen (often calling themselves a “citizen journalist” or “auditor”) goes into a public building or space and starts filming government employees or officials. These auditors usually explain that they want to “test” or “audit” whether public workers will respect the person’s constitutional right to record in public. In practice, auditors may wander through places like town halls, libraries, police stations, or parking lots, recording whatever they can see and interacting (sometimes calmly, sometimes provocatively) with employees or visitors[1][2]. They typically post their videos online (for example on YouTube) and say this is to hold government accountable. If the visit goes smoothly and nobody reacts, the building “passes” the audit; if an employee tries to stop or confront the auditor, the audit is considered “failed”[1][3]. Auditors often earn money through donations or ad revenue, so confrontational encounters can be lucrative[4][5].
Auditors started out filming police and traffic stops, and many now film around police stations and other city buildings[6]. For example, one report notes:
“They are recording the exteriors, and sometimes the interiors, of police buildings and other municipal infrastructure. They stand on public sidewalks next to the driveways where officers come and go…filming faces and license plates. Some say they are simply testing the right to film ‘whatever they can see from a public space.’”[6]
Auditors say their goal is to promote transparency and accountability[7][1]. They often argue that recording public servants can expose corruption or mistakes (similar to how bystander videos have revealed police misconduct in other cases)[7]. In reality, many audit videos just capture routine scenes (a clerk at a city desk, a tax assessor’s office, or signs on a wall) to see how the staff will react[7]. The methods vary widely: some auditors stay calm and polite, while others try to provoke a reaction or ask pointed questions. But all of them rely on the idea that filming public activities should be protected by the First Amendment.
Why Are They Filming Public Spaces and Government Buildings?
Auditors focus on government buildings and other public spaces because those are places where the public is normally allowed and because government work is considered a matter of public interest. By filming in public areas of town halls, post offices, libraries, police stations, or on sidewalks and parking lots, auditors test the limits of what they can see and record[1][8].
Courts have repeatedly said that anything plainly visible from a public place can be recorded. For example, one guide notes that in public parking areas, an auditor can film “whatever the naked eye can see” (including inside cars)[8]. Auditors can also record interactions between officials and citizens in open lobbies or hallways. They usually stick to public zones; if asked to stop or move to a non-public area, they often claim that they still have a right to film anything visible from where they stand[8][6]. In short, they believe (correctly under most interpretations) that if the public is allowed to be in a place, then recording there is allowed too.
The stated purpose is to highlight the importance of First Amendment rights and to demonstrate whether government employees respect those rights. Auditors will say things like: “You can’t trespass my eyes” – meaning that if you can look at something, you should be able to film it. Supporters call it a form of citizen journalism or activism. A publication for local governments explains that auditors view themselves as “testing and thereby protecting certain constitutional rights, including… the right to photograph or video-record government officials on government property”[9]. In practice, this means filming public activities and then sharing the video online to expose any refusal or reaction by officials.
First Amendment Protections for Filming
The First Amendment to the U.S. Constitution broadly protects freedom of speech and freedom of the press. Courts have interpreted that to mean the public has a “right to gather information” about what government officials do in public. In fact, one federal appeals court said plainly that “a citizen’s right to film government officials… in a public space is a basic, vital, and well-established liberty” protected by the First Amendment[10]. The Supreme Court itself has noted a “paramount public interest in a free flow of information… concerning public officials”[10].
Putting it simply: filming public officials can be a form of protected speech or press activity. For example, in the 2011 case Glik v. Cunniffe, the First Circuit Court of Appeals (covering New England) held that a man who videotaped police officers in a public park was exercising his First Amendment right[11]. Likewise, many other federal courts (in multiple circuit courts of appeals) have ruled that recording police or public officials doing their jobs in public places is legal[12][11]. In practical terms, this means that in most of the country, you can film a police officer on the street, or film activities in public parts of a government building, without needing permission.
That said, the right to film is not unlimited. Filming is only protected in areas where you and the public are lawfully allowed. For example, you cannot legally walk into a government office behind closed doors or into a private workspace and film without permission[13]. Common sense exceptions also apply: you shouldn’t record in restrooms or other places where people have a strong expectation of privacy[13]. Government agencies can enforce reasonable rules about time, place, and manner of filming. For instance, a city might say you can only film inside the lobby during regular business hours, or that you can’t use a loudspeaker to blare your recording. Courts say such rules are fine as long as they are applied equally to everyone and not based on what the person is recording[14]. But a blanket ban on filming the news or a rule targeted specifically at auditors would likely violate the First Amendment[14][15].
Why You Generally Should Not Call 911
It might seem natural to dial 911 if you see someone filming inside, say, a courthouse or police station – especially if you’re worried they’re doing something illegal. However, calling emergency services is usually not the right move when encountering a First Amendment audit. Emergency lines are meant for true emergencies: crimes in progress, medical crises, fires, etc. Filming per se is not an emergency and is almost always a lawful activity in public spaces.
Public safety experts urge caution with 911 calls in these cases. In one report on police dispatch centers, telecommunicators described many frustrated callers upset about someone filming a government building. Operators learned to first confirm that no crime or danger is happening, then redirect the call appropriately[16]. In other words, dispatchers will ask if there is an actual emergency. If not, they often forward the issue to a supervisor or tell the caller that filming in public is legal[16]. Making a 911 call for non-emergencies can tie up dispatchers and resources that might be needed for real emergencies.
Legal guidance reinforces this: federal authorities have instructed officers not to detain or arrest people solely for photographing or filming public facilities, unless there is evidence of a crime[17]. For example, the Department of Homeland Security (which oversees federal buildings and security) has issued memos telling agents not to harass or detain someone merely recording a federal office or post office[17]. Even the Postal Service has prominent signs in lobbies stating customers may take photographs or videos. Police in many agencies are being retrained to calmly allow lawful filming in public lobbies as a routine First Amendment right[18].
So, what should you do instead? If you see an auditor and feel uncomfortable or unsure, consider these steps: – Stay calm. Remember that recording in public is usually legal.
– Assess the situation. Is the person causing a disruption or committing a crime? If not, they are simply filming.
– Contact building staff. If appropriate (say, you’re in a bank or DMV), you can quietly alert a manager or security staff that someone is filming. They can handle it calmly, often by offering assistance or explaining their policy.
– Use non-emergency lines. If you are genuinely concerned, you can call a non-emergency number for the local police department instead of 911. Explain the situation factually (“Someone is recording here, is that allowed?”) and ask for guidance. Often, non-emergency operators will know that this is legal and won’t dispatch officers for a simple filming event unless there’s more to it.
In summary, do not call 911 just because someone is filming legally in public. Instead, treat it as a non-emergency. Many local governments advise employees to simply continue their work and let the auditor film, calling police only if the person becomes violent, blocks access, or clearly commits a crime[15][19]. If no crime is happening, the right response is to carry on normally and let the auditors do their filming.
Frequently Asked Questions (FAQ)
- Q: What is a First Amendment audit?
A First Amendment audit is when a private individual enters a public place (often a government building or its surroundings) with a video camera or smartphone and films government employees or officials going about their business. The goal is usually to test whether those officials will allow filming or will try to stop it. Auditors often then post the video online. They say a building passes the audit if nothing happens and they’re left alone, and it fails if someone tries to stop them[1][2]. - Q: Who are these auditors – are they journalists or activists?
There’s no one type. Many auditors call themselves citizen journalists or activists. They are private citizens (not police or government employees). Some started by filming the police during traffic stops, others travel around targeting various government offices[6]. Their backgrounds vary: some seem genuinely interested in free-speech rights, others are more focused on making viral content. - Q: Why are they filming government buildings or officials?
Auditors say it’s about transparency and accountability. They believe that filming public officials is an important way to ensure officials follow the law. In practice, they often say they are “testing” the government’s respect for the First Amendment. If an official politely ignores them or continues normal business, they view it as a success. But if someone reacts badly, they label the video as showing a First Amendment violation[1][2]. - Q: Am I allowed to film in public? Can I film government workers?
Yes. In general, anyone in a public space has the right to film what’s plainly visible. This includes filming government buildings, sidewalks, streets, parks, and lobbies or waiting areas of public buildings. Federal appeals courts have explicitly recognized that the public has a right to record government officials in public spaces[10][20]. However, you should only film from where you are legally allowed to be. You cannot record in private offices or other restricted areas, only in areas where the public is permitted[13][8]. - Q: What does the First Amendment actually say about filming?
The First Amendment itself doesn’t mention filming (it was written long before video cameras). But courts interpret it broadly. The freedom of “speech and press” covers gathering information and disseminating it. In cases around the country, judges have held that videotaping or photographing public officials is protected speech. For instance, one court said that the First Amendment protects citizens who film police because such recording gathers news about officials’ public actions[20][10]. In practice, courts treat filming in public as part of the right to free expression, as long as you’re not breaking other laws. - Q: Do I need a permit or permission to film inside a government building?
Usually not. If the building or area is open to the public, you do not need special permission to film. You can walk in and record just as you can take photographs. The only time permission is needed is if you leave public areas and try to film in restricted zones. For example, a town clerk’s office or a public meeting room (when the public is allowed inside) can generally be recorded. But if you try to sneak past a sign that says “Employees Only” or hide in someone’s private office, that can get you in trouble[13]. - Q: Are they secretly police or undercovers?
No. In almost every case, First Amendment auditors are not law enforcement or undercover officers. They are regular people who have decided to film. They might carry video cameras, tripods, or even weapons (legally) to look serious, but they are private citizens. Police might show up out of confusion, but auditors themselves are not agents of the government. - Q: What if an auditor is filming me or my child – is that legal?
If you are in a public area, then yes, it is generally legal. When someone is openly filming in a public space, bystanders generally have no expectation of privacy. This means that if you are standing in a lobby or on a public street and someone points a camera at you, they can legally record you. Even conversations that are loud enough to be heard by others can be recorded (audible speech in public is usually not private[21]). Of course, if the recording is happening in a situation where you reasonably expect privacy (like a restroom or private meeting), then it wouldn’t be allowed. - Q: Should I confront the person filming, or ask them to stop?
It’s usually best not to be confrontational. Confronting or harassing the auditor could escalate the situation or even be seen as trying to intimidate someone exercising their rights. Most guidelines for public employees say to stay calm, be polite, and simply continue your work[22]. If an auditor is just filming quietly, the recommended approach is to ignore them as much as possible. Of course, if they come into your personal space or start becoming disruptive or abusive, you can politely ask them not to film you specifically. But physically blocking their camera or attacking them could create legal trouble for you. - Q: Why won’t they show identification or tell me what they’re doing?
Auditors often refuse to identify themselves. They argue that since they’re not under arrest or any legal detention, they have no obligation to give their name. In many states, police cannot require you to identify yourself unless you are being lawfully detained under suspicious circumstances. Auditors know this, so they often simply say “I don’t have to ID you” when asked[23]. (Interestingly, a U.S. Supreme Court case held that a person could only be forced to identify themselves if a state law requires it and if the person is already lawfully stopped[23].) - Q: Why do some auditors seem rude or use profanity at officials?
Auditors often test boundaries by using strong language or sarcasm. From a legal standpoint, even profane or insulting speech toward public officials is protected by the First Amendment (courts have repeatedly said that officials have to tolerate a higher degree of harsh words). For example, one audit video showed someone outside city hall holding a sign that said “F— City Hall,” and the auditor calmly said he was “simply exercising my First Amendment right”[24]. Officially, cases like Cohen v. California (1971) recognize the right to use vulgar or offensive language as political speech. So, as annoying as it may be, using profanity alone is not against the law if it stays non-violent. - Q: Are they trying to catch city workers doing something illegal?
Usually not in the sense of a crime like theft or fraud. Auditors are mostly testing whether the rights of filming and free speech are honored, rather than catching criminal acts. However, some auditors will record everything in case a public employee breaks a rule (for example, if an official scolds or detains them unlawfully). In rare cases, an auditor might film an actual crime in progress (for example, one audit inadvertently recorded someone tampering with ballots[25]), but that’s not their primary intent. - Q: Do auditors earn money from these videos?
Often, yes. Many auditors livestream or post videos on YouTube, and viewers can donate money or support them. One legal analysis notes that First Amendment audits have become “a significant source of income” for auditors[4]. They rely on donations or ad revenue, and confrontational videos tend to get more views. As one article explains, the more heated the encounter, the more attention and money auditors can receive[4][5]. This financial incentive can encourage more dramatic behavior. - Q: What is a “successful” audit versus a “failed” audit?
In auditor terms, a successful audit is one where nothing happens – the camera is completely ignored and the person filming is left alone. In other words, they passed the test of whether their filming is allowed. A failed audit is when a public employee or official confronts or tries to stop the filming. For example, if an auditor is told to put the camera away, threatened with arrest, or forcibly removed from the area, that would be a failed audit. In many audits that fail, the auditor quickly publicizes the incident as proof that the government “violated” their rights. - Q: Can police or security make them leave or stop filming?
Only if the auditor is actually breaking a law or not following the rules. Simply filming in an area where the public is allowed is not illegal, so police generally cannot eject someone for that alone. However, auditors must follow general rules: they cannot trespass into restricted areas, block access, make threats, or commit other crimes. If an auditor goes into an off-limits area or refuses to leave when asked in a reasonable way, then they can be escorted out. For example, one guide says auditors “may be asked to leave” if they prevent officials from doing their work or refuse a lawful order, and if they still refuse, they can be treated as trespassers[19]. But staff and police are advised not to automatically detain or argue with an auditor who is just filming calmly[15][19]. - Q: Should I ever call the police if I see someone filming?
Not simply for filming. If the person is only videotaping in a public area of a government building (or on public sidewalks/parking), there’s usually no crime or immediate danger – so 911 should not be dialed. Emergency lines are for situations like robberies, assaults, fires, or medical emergencies. If you truly see something illegal or dangerous happening (for example, the person threatens violence or vandalizes property), then call 911. But if the auditor is just holding a camera and asking questions, law enforcement professionals advise not to call 911 for that. Instead, consider non-emergency alternatives (see next question). - Q: What should I do instead of calling 911?
If you’re unsure, first try to stay calm and observe. You can quietly alert a building manager or security guard, who may be trained on how to respond. Often the simplest approach is to treat the auditor as a customer: be polite, answer questions if asked, or simply continue your work. Some have suggested calling a non-emergency police number with a factual question like, “Is someone allowed to film here?” Dispatchers in one study said they would verify if any emergency exists and then probably just refer the caller to a supervisor[16]. If you genuinely feel the auditor is threatening safety, you can call law enforcement – but be clear it’s not an emergency. In many cases, officers who arrive find that the person is not doing anything illegal, so the situation is resolved by letting the auditor go on their way. - Q: If the auditor is allowed to film, do I need to keep quiet or avoid them?
Not necessarily. You have the right to go about your day. If the filming makes you uncomfortable, you can try moving to another area or quietly asking if they could avoid pointing the camera at you. But keep in mind, legally you are in a public space, so you can’t demand they stop filming only because you don’t like it. It’s best to just be polite and continue whatever you were doing. Many auditors want a reaction, so not reacting can actually end the interaction quickly[22][26]. - Q: Can an auditor film other customers or visitors in the building?
Yes, if those customers are also in public parts of the building. Auditors have the right to record any activity visible to the public. For example, if you are talking to an official at a public counter in a lobby, an auditor nearby can film that conversation – especially if it is loud enough for others to hear[21]. However, people in a public area don’t have privacy in mere background audio. Auditors cannot, however, go to a private office or zoom in on a quiet confidential conversation. In practice, anyone speaking normally in the lobby has no protected expectation that their voice won’t be picked up. - Q: I’m being recorded and it feels creepy. Can I sue them or stop them?
Generally no. If you’re in public, you can’t expect total privacy. There’s no legal basis to sue just for being filmed while you’re in a public place. And you cannot legally prevent someone from filming public space. Trying to physically stop them or grab their camera could land you in legal trouble, since that would be interfering with their rights (and possibly trespassing on their property). - Q: What if the auditor has a gun or shows a weapon – is that legal?
In most states, yes, if they are legally permitted to carry it, and they do so openly on public property. Some auditors do openly carry firearms, especially in places where open carry is allowed. Federal law and most state laws generally allow open or concealed carry of legal weapons on public sidewalks and parking lots. As long as the auditor isn’t brandishing the weapon or threatening anyone, having it in public is usually legal. Of course, this can be intimidating to people, but it is a separate issue from filming. - Q: Can an auditor film inside a private business, like a bank or store?
No, not without permission. The First Amendment protects you from government restrictions, not rules on private property. If a place is privately owned (e.g. a bank, grocery store, or shopping mall), the owner’s rules apply. So if a customer tries a “First Amendment audit” inside a private business, the business can require them to leave. Many videos show auditors being asked to leave private property because only a government entity has open-door policies. Government buildings are different because they are open to the public by law. - Q: If I work for the government, what should I do if an auditor shows up?
Employees are usually advised to be calm and polite. Do not stop the camera or grab at it[15]. Don’t detain the person just because they’re filming – remember that it’s likely a lawful activity[15]. You can continue your normal duties and answer any reasonable questions. If the auditor tries to enter a restricted area, you may firmly (but politely) tell them that area is off-limits. If the situation escalates (for example, the auditor becomes aggressive or disrupts others), it’s appropriate to call the supervisor or, if necessary, law enforcement, but make sure to explain clearly what crime (if any) is occurring. Many local governments even designate specific staff members to handle auditors, since being friendly and helpful often ends the interaction peacefully[15][27]. - Q: Can the city or state punish auditors for filming?
Only in very limited cases. If an auditor is really disrupting operations or refusing to leave a space after being asked, they could be charged with trespassing or disorderly conduct under neutral laws. But authorities cannot punish someone for the act of filming alone. In fact, some police have been sued (and had to pay settlements) because officers illegally stopped or arrested auditors for filming[11][28]. The legal standard is that a person can only be detained if there is a reasonable suspicion of a crime. Just walking and filming – even if it seems suspicious – is usually not enough for police to make someone stay. In other words, unless the auditor commits a genuine offense, government employees must allow the recording. - Q: Are any new laws being made about this?
There have been local proposals (for example, some cities have tried drafting ordinances to limit filming), but any law that singles out filming of officials would likely be struck down in court because of the First Amendment. In fact, legal experts warn that content-neutral laws (like parking restrictions or decorum rules) are the safest route; laws that specifically mention “First Amendment auditors” by name could violate free speech protections[29][14]. So far, the national conversation has mostly focused on education (telling staff to allow filming) rather than on punishing auditors. - Q: What are some real-life examples of audits?
There are thousands of videos online. One early famous example was Rodney King’s videotaped beating in 1991 (though that was an incidental recording, not an audit). More recently, many police accountability videos came from ordinary bystanders. Specific to audits, a notable case in 2020 involved two armed men who filmed a ballot drop box operation in Colorado; when questioned, they said they were First Amendment auditors. They were not charged with any crime, but the incident showed how some audits can make people uncomfortable[30]. Also, numerous viral videos show auditors calmly filming city officials, or (on the flip side) officials politely handling an auditor in a public lobby. - Q: What if I see news stories about auditors – should I be worried?
Generally not. News stories often focus on the most dramatic encounters, but remember that filming in public is usually allowed. If you see a video of a tense audit, consider that it’s one person’s perspective. For the average person going about daily life, an auditor recording nearby is not something to fear. - Q: Can an auditor film me or do anything private with the footage?
The footage they record is public domain in a sense. They can post the video anywhere, including social media or YouTube. There’s no privacy law violation if you were filmed in public. You can’t sue them for posting a video of public behavior. - Q: Is it okay for me to film in public too?
Absolutely. The same rights apply to you. Anyone can film in public or in government buildings open to the public. You could even set up your own video camera in a city hall lobby if you want – it’s legal. Just make sure you stay in allowed areas and don’t harass anyone.
Sources: Numerous legal experts and guides note that filming public officials in public spaces is generally a protected First Amendment activity[10][20]. First Amendment auditors themselves describe their purpose as testing government transparency[1][2]. Government and legal organizations stress that unless a crime is taking place, filming in public should be permitted[17][15]. Emergency dispatchers advise verifying emergencies before sending police, since filming alone is not an emergency[16]. All information above comes from public reports and legal analyses of First Amendment audits in the United States.
[1] [10] [14] [25] [30] First Amendment Audits: Definition, Examples and More
https://www.freedomforum.org/first-amendment-audits
[2] [5] [9] First Amendment Auditors – Meyers | Nave
[3] [4] [8] [13] [19] [20] [21] [27] First Amendment “Audits”: What Are They and How Do You Handle One? | New Hampshire Municipal Association
[6] [12] [17] [18] [23] [24] [28] Citizen Video Audits: Know Their Rights…And Yours
[7] Responding to First Amendment Audits: Is Filming Protected by the First Amendment? – Coates’ Canons NC Local Government Law
[11] Boston Settles Suit Over Recording Of Police Officers | WBUR News
https://www.wbur.org/news/2012/03/27/recording-officers-settlement
[15] [22] [26] Risk Management Bulletin
https://www.lgit.org/DocumentCenter/View/3233/RMB-June2022-Audit-Best-Practices?bidId=
[16] Unauthorized Interruption – APCO International
[29] sog.unc.edu
https://www.sog.unc.edu/sites/default/files/reports/2022-11-09%2020220124%20LGLB%20141.pdf