First Amendment “Audits” – Guidance Available

Training for: Legal Notes

In recent years, municipalities across the country have experienced “First Amendment audits” conducted by citizens looking to “test” their purported First Amendment right to record municipal officials in public spaces. Maine is no exception; we’ve heard from several municipalities that have recently had similar encounters.

To assist members in preparing for a First Amendment audit, MMA Legal Services recently issued detailed guidance on the topic, available in the “Legal Updates” section of our website (www.memun.org).

As background, First Amendment audits appear to be a form of grassroots activism designed to “educate” government officials on the constitution and thereby further government transparency. Most First Amendment audits primarily target law enforcement, state or municipal offices, or public libraries. A municipal “audit” usually involves one or more citizens with recording devices who enter a town or city hall, demand access to public spaces and record officials conducting municipal business. If the encounter results in a perceived violation of the auditor’s rights, the video is likely to be posted on social media and/or serve as the basis for a claim or suit.

Although these encounters have the potential to become contentious, a little advance preparation and staff training can be very effective in avoiding problems. See our guidance for more information. (S.F.P.)

In recent years, municipalities across the country have experienced “First Amendment audits” conducted by citizens looking to “test” their purported First Amendment right to record municipal officials in public spaces. Maine is no exception; we’ve heard from several municipalities that have recently had similar encounters.

To assist members in preparing for a First Amendment audit, MMA Legal Services recently issued detailed guidance on the topic, available in the “Legal Updates” section of our website (www.memun.org). [Update: In addition, a “First Amendment Audits” Information Packet with this guidance and additional resources is available in the “Legal Information Packets” section of MMA’s website.]

As background, First Amendment audits appear to be a form of grassroots activism designed to “educate” government officials on the constitution and thereby further government transparency. Most First Amendment audits primarily target law enforcement, state or municipal offices, or public libraries. A municipal “audit” usually involves one or more citizens with recording devices who enter a town or city hall, demand access to public spaces and record officials conducting municipal business. If the encounter results in a perceived violation of the auditor’s rights, the video is likely to be posted on social media and/or serve as the basis for a claim or suit.

Although these encounters have the potential to become contentious, a little advance preparation and staff training can be very effective in avoiding problems. See our guidance for more information. (S.F.P.)