First Amendment Auditors
Everyday Americans who peacefully test and protect our constitutional rights. Whether friendly or firm, they all share one mission: ensuring our freedoms endure.
"Congress shall make no law... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble..."
— First Amendment to the United States ConstitutionWho Are First Amendment Auditors?
First Amendment auditors are citizens who exercise their constitutional rights in public spaces to test whether government officials and law enforcement respect those rights.
They film in public areas, photograph government buildings, attend public meetings, and peacefully assert their rights—all while documenting the responses they receive. When officials respond appropriately and respect their rights, auditors often commend them. When officials violate their rights, auditors capture evidence that can be used to educate the public and hold government accountable.
These auditors come from all walks of life. Some are military veterans who fought for our freedoms overseas and now protect them at home. Some are journalists testing press freedoms. Some are everyday citizens who simply believe in the Constitution. Some approach their work with friendly conversation; others are more confrontational. But regardless of their style, they share a common purpose: ensuring that our rights don't exist only on paper.
Why First Amendment Auditing Matters
Rights that aren't exercised can slowly erode. Auditors help keep our freedoms alive.
Transparency
Government operates best when citizens can observe and document public servants performing their duties. Auditors help ensure that transparency isn't just a buzzword.
Accountability
When government officials know they might be recorded, they're more likely to follow proper procedures and respect citizens' rights.
Education
Audit videos educate millions about their constitutional rights. Many people learn what they're entitled to by watching these encounters.
Policy Change
Audit footage has led to policy changes, retraining programs, and even new laws protecting citizens' rights to record public officials.
The Legal Foundation
The right to record police and government officials in public has been affirmed by federal courts across the country. This isn't just opinion—it's established law.
Key Court Decisions
- Glik v. Cunniffe (1st Circuit, 2011) - Affirmed the right to record police performing duties in public
- ACLU v. Alvarez (7th Circuit, 2012) - Struck down Illinois eavesdropping law as applied to recording police
- Turner v. Driver (5th Circuit, 2017) - Explicitly recognized First Amendment right to record police
- Fields v. City of Philadelphia (3rd Circuit, 2017) - Recording police is protected First Amendment activity
Sources: ACLU, Electronic Frontier Foundation, U.S. Courts of Appeals
What Auditors Test
Filming from public sidewalks, parks, and areas open to the public
Taking photos of the exterior of public buildings like post offices, courthouses
Testing FOIA compliance and public access to government documents
Recording city council meetings, school board meetings, and other public forums
In states where legal, testing Second Amendment rights in public spaces
Different Styles, Same Mission
Auditors approach their work in different ways—and that's okay. What matters is that they're all protecting our freedoms.
Friendly & Educational
Some auditors take a friendly, conversational approach. They explain what they're doing, answer questions politely, and use interactions as teaching moments. When officials respect their rights, they thank them and share positive encounters. Their goal is to educate both officials and viewers about constitutional rights through positive engagement.
"I'm just exercising my First Amendment rights. I appreciate you respecting that."
Firm & Assertive
Other auditors take a more assertive stance. They believe rights must be firmly asserted to be protected. They may decline to answer questions, refuse to provide ID when not legally required, and stand their ground when officials push back. Their style may seem confrontational, but they're testing whether officials will respect rights even when it's inconvenient.
"I'm not required to identify myself. I'm in a public place engaging in constitutionally protected activity."
"I may not agree with what you say, but I will defend to the death your right to say it."
— Attributed to Voltaire (paraphrased by Evelyn Beatrice Hall)When Audits Reveal Problems
Unfortunately, not all audits go smoothly. Many auditors have been unlawfully detained, arrested, or had their equipment seized—all for exercising rights that courts have repeatedly upheld. These incidents aren't failures; they're exactly why auditing matters.
Unlawful Detention
Being stopped and held without reasonable suspicion of a crime
Equipment Seizure
Having cameras or phones confiscated without legal authority
False Arrests
Being arrested on charges that are later dropped or dismissed
Silver Lining
When auditors' rights are violated, they often pursue legal action under Section 1983. Many have won significant settlements, and their cases have led to policy changes and better training for law enforcement. Every successful lawsuit helps establish clearer precedents that protect everyone's rights.
How You Can Support Constitutional Rights
You don't have to be an auditor to support the protection of our freedoms.
Learn Your Rights
Educate yourself about your constitutional rights. Know what you can and can't do, and what police can and can't require of you.
Record When Needed
If you witness police activity, you have the right to record from a safe distance. Your footage could be crucial evidence.
Speak Up
Support organizations like the ACLU, EFF, and local civil liberties groups that fight for everyone's constitutional rights.
Document Violations
If your rights are violated, document everything and consider pursuing legal action. Your case could help protect others.
Have Your Rights Been Violated?
If you've experienced a violation of your constitutional rights—whether during an audit or any other situation—we're here to help you document your case and understand your options.
Document Your Case