First Amendment Audits: Testing The Limits Of Free Speech

In this article, we will explore the concept of First Amendment audits, thereby examining their history, legal implications, and cultural significance.

The First Amendment to the United States Constitution guarantees the right to freedom of speech, press, assembly, and religion. One of the ways that citizens exercise their First Amendment rights is through the practice of First Amendment audits. This practice involves individuals testing the limits of their constitutional rights by filming and photographing government buildings and officials, such as police officers and security guards. While some see this as an exercise in civic engagement, others view it as a form of harassment or provocation.

History of First Amendment Audits

The practice of filming and photographing government officials is not a new one. In fact, it has been used as a tool of accountability for decades. In the 1991 Rodney King case, for example, bystander George Holliday filmed police officers brutally beating King, leading to widespread protests and a federal investigation. Similarly, in recent years, videos captured by citizens have played a crucial role in documenting police brutality and other forms of government misconduct.

First Amendment audits, however, are a more recent phenomenon. They first gained national attention in 2017, when a YouTube channel called “News Now Houston” began posting videos of individuals filming government buildings and officials. The channel’s videos quickly gained a following, and other channels began popping up across the country, each with their own take on the practice.

Legal Implications of First Amendment Audits

While the practice is protected under the First Amendment, it is not without legal risks. Filming or photographing government officials can sometimes be interpreted as interfering with their duties, and individuals engaging in First Amendment audits have been arrested or detained on charges of obstruction, disorderly conduct, or trespassing.

One key legal issue surrounding First Amendment audits is the question of public versus private property. While individuals have the right to film or photograph on public property, such as a sidewalk or a park, they may not have the same rights on private property, such as a mall or a government building. Security guards and police officers may ask individuals to leave private property if they do not have permission to film or photograph, and failure to comply may result in arrest.

Another legal issue surrounding First Amendment audits is the question of intent. While individuals engaging in First Amendment audits may argue that they are simply exercising their constitutional rights, law enforcement officials may interpret their actions as harassment or provocation. This can lead to confrontations and legal action.

Cultural Significance Of First Amendment Audits

The practice of First Amendment audits have become a cultural phenomenon in recent years, with individuals across the country engaging in the practice and sharing their videos on social media. Supporters of First Amendment audits argue that they are a necessary tool for holding government officials accountable and ensuring transparency in government operations. They see it as a form of citizen journalism that can help expose corruption and misconduct.

Critics of First Amendment audits on the other hand, view the practice as a form of harassment or provocation. They argue that it can interfere with the duties of government officials and create unnecessary tension between citizens and law enforcement.