First Amendment Auditing

By Deane Barker

This is a recent phenomenon in the United States where people record video in a public space. When confronted about their right to do so, they claim their (legitimate) First Amendment right and “audit” whether or not this right is upheld by the authorities and the public.

Of course, the “auditing” is self-proclaimed, since they have no authority or mandate to verify their right to do this.

The goal usually seems to be to provoke people into objecting, through intrusion, insults, or generally obnoxious behavior. Since there is video by definition, these videos often make their way online where they can be monetized.

Why I Looked It Up

I saw a video of an “auditor” filming in what looked like the lobby of a municipal building. He was confronted by an out-of-uniform serviceman when he used racist language towards an Asian employee.

The Reddit comments were uniformly negative toward the “auditor,” and noted that they often just harass people to get a reaction.

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