Sure Ill oblige.
First, what is a 1A audit? You first need to understand that just about anyone can be a journalist under the law. The 1A auditors are independant journalists, and are offered the same protections under the law as an affiliated journalist.
Does the First Amendment cover citizen journalists? | First Amendment Voice
As Professor William E. Lee pointed out, “Anyone can be a journalist and they don’t need an affiliation with an established outlet…it’s increasingly important that unaffiliated journalists know they have the same legal protection as a reporter at a newspaper.
With that out of the way, they are protected under the First Amendment for journalist.
What do 1A auditors do? Typically they go to public places (government run, not private businesses) that have public access to certain areas. As I mentioned above, even publically accesable areas have restricted areas, and those are marked as such. Auditors do not go into those areas. They go into these areas to videorecod, audio and video. They will often walk around these lobbies and hallways, and record signs on the wall, artwork, etc. They will almost never approach or make first contact with the public. They willl however talk to employees asking questions or to say hi. They do not interview the employees. They will also often walk around the grounds (that arent marked as restricted) to document that. They will also often stand on public areas outside (sidewalks, public easement).
What is the reaction to the auditors? From the public, they either wave and smile, or walk up and thank them for keeping police and public employees accountable, Often, the public will ask what theyre doing, to which the auditor will reply with something like "Im an independent journalist working on a story". They will often ask about what, and auditors usually say "I cant reveal that as my story is not published yet." From there people will either say oh ok, and walk away, or come unglued. As I mentioned in post 27, "Yes. Recording video and audio in public places. I mentioned Karens because many people act like it. "You need my permission to tape me!" False. "Its illegal to film in federal buildings!" False (except in restricted areas, which auditors respect). "I dont want to be filmed!" Well, sweetheart, you shouldnt leave your house then. As far as what you mention as videotaping "surreptitiously", thats just not the case with auditors. They film out in the open. And yes, this is a 1A right thus...1A audits. You may be surprised how many people and LEO dont recognize that. " Sometimes the public or government employee will call LEO, to which the auditor typically says "Go ahead" and will stick around until LEO gets there.
What about auditors and LEO? Typically, when LEO rolls up, the auditor says "Hows it going?" From there it depends on the officer and his training. They will always ask what the auditor is doing, and the auditor usually will respond with something like "videoing from a public place", "taking pictures", or something similar. Typical reactions from LEO are:
1. Ah OK. Well youre on public area so youre good. Please just dont interfere with business.
2. Come at the auditor with all kinds of wrong info. "Youre trespassing!" (on public property? LOL). "Do you have permission?" (on public property? LOL). "Give me your ID!" (most of the time auditors record in non-stop and ID states, and tell the officer "unless Im being retained for a crime, Im not required to provide ID". Many times LEO will respond with "If I ask you for ID its the law you must show it" (WRONG), and then the banter starts. Most of the time it ends up with a sergeant being called, and all LEO end up leaving (the walk of shame).
3. LEO tried to trespass the auditor. Laws differ from state to state, but generally trespass from public property is a multi-step process. First,
criminal intent has to be established. Second, a warning must be issued. And finally, if the auditor comes into that place after a warning, a charge of trespass can be issued. It is only at this point ID can be required. Threats of trespass are fairly common, but actual trespass citations are rare.
There are other possible outcomes, but these are the most common. In the case of point #1, if LEO enters a building (usually called by security or an employee) they will talk to a manager or security, and basically tell them the auditor is in a public area, and is not breaking the law. Discussion can go a few ways with this, but the end result is the officer leaves, and the auditor continues.
Some truths to keep in mind when auditing:
1. If you can see something from a public place (an airport or military base for example from a public road or sidewalk) you can videorecord it. As the saying goes, you cant trespass the eyes.
2. Know the laws of the state youre auditing in.
3. Private companies do not maintain roads, put in electrical poles, or fire hydrants. This area is a public easement, and generally runs 30 feet from the center line of the road. Its all considered public.
4. Always keep calm. Unless youre sure of the law, its OK to stand your ground.
5. Always videorecord any interaction with LEO. It will, and has, provided evidence in court that may very well get the case thrown out. You will never win a "he said she said" argument with LEO. Ever.
6. There is NO expectation of privacy in public.
7. The plain view rule (which allows LEO to search, for example, a car if they see contraband "in plain view") protects journalists also. While in a public office or space, if you can see, you can film it.
Plain View :: Fourth Amendment -- Search and Seizure :: US Constitution Annotated :: Justia
- When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. (On private property, the owner may set rules about photography or video.)
- Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.
- If you are videotaping, be aware that there is an important legal distinction between a visual photographic record (fully protected) and the audio portion of a videotape, which some states have tried to regulate under state wiretapping laws.
Well, those are the basics. There is much case law around these concepts which Ill let you investigate if youre interested.
@Pohemi apparently, I do know what Im talking about.
@Moonbeam specifically a 1A audit is to educate people and LEO about this particular part of the 1A (freedom of the press).
