You Are Being Audited | Opinion
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In his article, Stephen Tuttle discusses the rising phenomenon of “First Amendment auditors,” individuals who record people in public spaces—like post offices and cannabis dispensaries—often to challenge public responses to their actions. These auditors operate under legal protections afforded by the Plain View Doctrine, which states there is no expectation of privacy in public settings. Although their activities are lawful, individuals often react negatively, frequently confronting these auditors with complaints about being recorded, despite their legal rights to do so.
Tuttle explains that many confrontations begin with statements like “I do not want to be recorded” or “You do not have my consent,” which misunderstand the legal context of public recording. He emphasizes that privacy expectations diminish once an individual steps outside their home or business. The author also highlights how employees at dispensaries often misuse HIPAA regulations, believing they protect patients’ privacy in public.
He notes that while the auditors aim to film interactions to share on social media, the confrontations can escalate, with some individuals attempting to physically intervene, leading to potential legal repercussions for them—including pepper spray defensively used by the auditor. Tuttle argues that this behavior reflects a broader societal misconception about privacy, as cameras are ubiquitous in both public and private spheres today.
Ultimately, he suggests that passing a First Amendment audit often takes precedence over the discomfort of being recorded, and he advises individuals in Traverse City to simply ignore auditors to avoid escalating tensions. The article encapsulates the tension between legal rights and public discomfort in a world increasingly filled with surveillance and recording technology.
