First Amendment Auditors are Targeting Churches

How to respond correctly, or not at all, to confrontational first amendment audits at churches.

First Amendment Auditors Targeting Churches

In recent years, a growing number of First Amendment auditors have been targeting churches. These individuals or groups conduct what they term "audits" to test and challenge the boundaries of free speech and the right to record in public spaces. While the primary focus of many auditors has traditionally been government buildings and public officials, churches have increasingly become a new focal point.

Understanding the motives and methods of these auditors is crucial for church leaders and safety team members. Their activities can cause significant disruption and pose unique challenges to the safe and quiet environment that churches aim to maintain. I am going to attempt to educate church leaders and safety team members on who these auditors are, what legal grounds they stand on, and how to effectively respond to their presence.

By examining the tactics used by First Amendment auditors and reviewing relevant legal precedents, church leaders can better prepare to handle these situations. This knowledge is vital to ensure that church activities can continue with minimal disruption while respecting the auditors' rights under the First Amendment.

Watch This Video First

This is an excellent video of a 1st amendment audit at a church in Brea, California. Watch this, then continue on with the article.

The auditor is clearly itching for a confrontation. He is confrontational and saying all fo the right words to start a problem. But, it isn’t illegal. The best thing you can do is just continue and ignore him. I have not doubt that the police officers that responded had sympathy for the man being filmed, but no crime was committed except by the church goer.

With all of that said, you have a good visual understanding of what can happen. Let’s talk more about what these people are doing.

What is a First Amendment Audit?

First Amendment audits are activities conducted by individuals or groups, often referred to as auditors, who test the limits of free speech and the right to record in public spaces. The primary goal of these audits is to ensure that private entities (your church), government officials and public institutions respect citizens' constitutional rights, particularly those enshrined in the First Amendment.

Definition and Purpose

A First Amendment audit typically involves an auditor entering public spaces and filming interactions with officials to see if their right to free speech is upheld. These audits are grounded in the belief that transparency and accountability are essential for a functioning democracy. By recording their encounters, auditors aim to highlight both compliance and non-compliance with constitutional rights, thereby educating the public and holding authorities accountable. More often than not, they will attempt to sue anyone who violates their constitutional rights. 

As for your church, they may protest your church for a variety reasons, many of which are revolting to you and your congregants. They will record their activities, but stay on a public right of way (the sidewalk as an example) while they antagonize people going into your church. What they are doing is not illegal and they will wait for you to come react to them and record your response.

Historical Background and Rise in Popularity

The concept of First Amendment audits has its roots in the broader movement of citizen journalism and government accountability. However, the practice gained significant traction in the early 2010s with the advent of social media platforms. These platforms provided auditors with a means to share their encounters widely and rapidly, often resulting in viral videos that attract substantial public attention.

Over time, the scope of these audits has expanded beyond government buildings to include other public spaces, such as libraries, post offices, and increasingly, churches. This expansion reflects a broader interpretation of what constitutes a public space and where First Amendment rights can be exercised.

After reviewing countless videos on social media, it appears the first amendment auditors who target churches are doing so because of their own belief systems and political ideology. This includes pro abortion rallies, those that feel some churches aren't adhering to the bible, or support for terrorist organizations like Hamas. 

Understanding the Concept of First Amendment Auditors

Profiles of Typical First Amendment Auditors

First Amendment auditors come from diverse backgrounds, but many share a common passion for civil liberties and constitutional rights. Some auditors are activists with a long history of advocating for transparency and accountability, while others may be newer to the scene, motivated by personal experiences or ideological beliefs.

Auditors often present themselves as citizen journalists, asserting their right to document public spaces and interactions. They typically carry cameras and recording devices, and some may have a significant online presence where they share their videos and experiences.

Goals and Motivations Behind Their Activities

The primary motivation for First Amendment auditors is to test and affirm the public's right to record and express themselves in public spaces. They aim to ensure that government officials and institutions respect constitutional rights and to expose any violations of these rights. Additionally, auditors often seek to educate both the public and officials about the importance of these freedoms.

However, when it comes to targeting churches, some auditors are driven by their own belief systems and political ideologies. These motivations can vary widely and may include:

• Pro-abortion rallies: Some auditors might target churches that hold pro-life stances, aiming to challenge and confront their beliefs publicly.

• Perceived non-adherence to the Bible: Auditors with strong religious convictions may target churches they believe are not adhering strictly to biblical teachings, using their audits to highlight perceived hypocrisies or deviations.

• Support for controversial or extremist organizations: In some instances, auditors may be aligned with or sympathetic to groups like Hamas, and their activities can reflect support for these organizations' agendas.

Examples of Common Auditor Behaviors

Auditors typically employ a range of behaviors during their audits. These can include:

• Entering public buildings: Auditors often begin their activities by walking into public buildings such as libraries, post offices, or government offices, recording their surroundings and interactions. Your church can, at times, be considered a public building. I’ll discuss in detail how your church is a public building below.  

• Engaging with staff: Auditors may approach staff members or officials, asking questions or making statements to provoke a response. The goal is to document whether their right to record is respected.

• Remaining calm under provocation: Many auditors maintain a calm and composed demeanor, even if confronted or asked to leave. This approach is intended to highlight any overreactions or violations by officials.

• Posting videos online: After conducting an audit, auditors typically post their videos on social media or video-sharing platforms. These videos often include commentary or analysis of the encounter, aimed at educating viewers and fostering discussion.

Understanding these behaviors can help church leaders and safety team members recognize and respond appropriately to First Amendment auditors when they encounter them.

If these auditors enter your church, you can ask them to leave and give them a trespass warning. However, if they are on a public right of way, it will become more problematic.

Explanation of Rights Protected by the First Amendment 

The First Amendment to the United States Constitution guarantees the right to free speech, freedom of the press, and the right to peaceably assemble. This foundational legal principle is often interpreted to include the right to record public officials and activities in public spaces. Auditors rely on this interpretation to justify their actions when filming in and around public buildings, including churches.

Filming is considered a form of speech and expression, protected under the First Amendment, as it is a means of gathering and disseminating information. The ability to document public officials' actions and the conduct of public institutions is seen as a crucial aspect of transparency and accountability in a democratic society.

Legal Precedents and Significant Court Rulings

Several key court rulings have established and reinforced the right to record public officials. While these rulings primarily address interactions in public spaces, their implications can extend to private entities that open their premises to the public:

1. Glik v. Cunniffe (2011): The First Circuit Court of Appeals held that the First Amendment protects the right to record public officials in public spaces. This case primarily addressed the right to film police officers, but it underscores the broader principle that recording in public spaces is a protected right.

2. Smith v. City of Cumming (2000): The Eleventh Circuit Court of Appeals recognized a "First Amendment right to record matters of public interest." Although this case focused on filming police officers, the principle can be applied to other public settings where matters of public interest are involved.

3. Fields v. City of Philadelphia (2017): The Third Circuit Court of Appeals affirmed that recording police activity in public is protected by the First Amendment. This ruling emphasizes the importance of transparency and accountability in public spaces.

These rulings underscore the legal protections afforded to those recording in public spaces, emphasizing the importance of transparency and accountability. Although your church may not be a public space, it could be under certain circumstances.

When is a Church Considered a Public Building?

Churches are generally private property; however, there are certain conditions under which a church might be considered a public building or space:

1. Public Access: If a church regularly opens its doors to the public for events, services, or community activities, it may be seen as a public space during those times. This includes hosting public meetings, food drives, or other community services. Even leaving your doors open and unlocked 24/7 could leave others to assume it is a public building.

2. Public Funding: Churches that receive public funding or grants for certain programs may be subject to more scrutiny and could be considered public entities in the context of those programs.

3. Zoning and Permits: Depending on local zoning laws and the nature of permits obtained, some churches might be required to adhere to regulations similar to those governing public buildings.

4. Public Areas: Certain areas within a church, such as lobbies or outdoor spaces, might be considered public if they are accessible to everyone during specific times or events.

Legal Considerations for Private Entities Open to the Public

While the aforementioned rulings do not specifically address churches or private entities, there are legal considerations and interpretations that apply to such situations:

1. Public Forum Doctrine: Private property that is open to the public can, under certain conditions, be treated similarly to public property. This doctrine suggests that if a private space is regularly used for public purposes, the rights of individuals in that space may be analogous to those in a public forum.

2. State Laws and Court Decisions: Some state laws and court decisions might provide additional protections for the right to record in quasi-public spaces, including churches. It is essential for church leaders to be aware of both federal and state legal frameworks that could impact their policies and interactions with auditors.

Understanding these conditions is crucial for church leaders and safety teams to navigate interactions with auditors effectively. Being aware of when their church might be considered a public space can help ensure that responses to audits are both lawful and respectful of constitutional rights.

Specific Challenges and Considerations for Churches

Churches face unique challenges when dealing with First Amendment auditors. Understanding these challenges can help church leaders and safety teams respond effectively:

• Distinguishing Public and Private Spaces: Clearly defining and marking areas that are open to the public versus private or restricted areas can help manage interactions with auditors. Signage and physical barriers can make these distinctions clear.

• Developing Clear Policies: Having well-defined policies regarding recording and filming within church premises is essential. These policies should be communicated to staff and members and should comply with local laws and respect First Amendment rights.

• Training Staff and Volunteers: Training staff and volunteers on how to handle encounters with auditors is crucial. Emphasize respectful and lawful interactions, and ensure they understand the church's policies and legal rights.

By understanding how First Amendment auditors operate and preparing for potential encounters, churches can better protect their operations and maintain a respectful environment while upholding constitutional rights.

Limitations: First Amendment Rights Are Not Absolute

Legal Limitations and Boundaries of First Amendment Rights

While the First Amendment provides robust protections for free speech and the right to record in public spaces, these rights are not without limitations. Churches, like other entities, have the right to enforce certain restrictions to ensure the safety and sanctity of their premises.

Situations Where Filming is Not Protected by the First Amendment

Several scenarios exist where the right to film or engage in free speech activities can be lawfully restricted, even in contexts involving churches:

1. Private Property Rights: Although some areas of a church may be open to the public, the property itself is privately owned. Church leaders can establish and enforce rules regarding filming and recording within their premises, particularly in areas not open to the general public. an example would be in your sanctuary during a service. You'll have to ask them to leave and then issue a trespass warning. 

2. Disruptive Behavior: The right to free speech does not extend to behavior that disrupts church services or other activities. If an auditor’s actions interfere with the regular functioning of the church or the conduct of its services, the church can lawfully request the individual to stop filming or leave the premises.

3. Restricted Areas: Churches can designate specific areas as off-limits to recording. These areas can include private offices, counseling rooms, and any other spaces where privacy is expected. Clear signage and communication are essential to enforce these restrictions effectively.

4. Safety and Security Concerns: Churches have the right to prioritize the safety and security of their congregation. If filming poses a security risk or if an individual refuses to comply with safety protocols, the church can take necessary measures to mitigate these risks, including contacting law enforcement if needed.

Balancing Rights and Responsibilities

Churches must balance the rights of individuals to free speech and recording with their responsibility to maintain a respectful and secure environment. Here are some strategies to achieve this balance:

• Developing Clear Policies: Establish clear and legally sound policies regarding filming and recording on church property. These policies should be communicated to all staff, volunteers, and congregation members.

• Educating Staff and Congregation: Provide training on how to handle encounters with auditors, emphasizing the importance of respecting constitutional rights while also enforcing church policies.

• Engaging Legal Counsel: Consult with legal experts to ensure that the church’s policies comply with federal and state laws and that any actions taken during an audit are legally defensible.

Practical Tips for Handling Audits

The biggest thing you can do is just ignore them when they show up. They’re like children throwing a temper tantrum looking for attention. If they are on public property and they are not blocking peoples free movement, then there is nothing you can do. Do not call the police simply because they are filming. If they are blocking people from coming in, blocking cars, or in a private area then call the police and let them handle it.

Here are some other tips:

1. Stay Informed: Keep abreast of legal developments and court rulings related to First Amendment audits. Understanding the legal landscape can help in developing effective policies and responses.

2. Remain Calm and Respectful: Encourage staff and volunteers to remain calm and respectful when interacting with auditors. Confrontations can escalate quickly and lead to negative publicity.

3. Document Incidents: Keep records of any interactions with auditors, including the details of the encounter and the church’s response. This documentation can be valuable if legal issues arise.

By understanding the limitations of First Amendment rights and taking proactive measures, churches can better manage interactions with auditors while upholding the principles of free speech and maintaining a safe and respectful environment.

Preparing Churches for First Amendment Audits

First Amendment audits present unique challenges to churches, requiring a delicate balance between respecting constitutional rights and maintaining the sanctity and security of the church environment. By understanding the legal foundations, common tactics of auditors, and the limitations of First Amendment rights, church leaders can be better prepared to handle these situations effectively.

Recap of Key Points

• Understanding First Amendment Audits: These activities test the limits of free speech and the right to record, often targeting public spaces and institutions, including churches.

• Legal Foundations: The right to record is protected under the First Amendment, but there are specific conditions under which a church might be considered a public space, especially if it engages in public activities or receives public funding.

• Operational Tactics of Auditors: Auditors typically use calm and composed behavior, engaging with staff and members, and post their encounters online. Understanding these tactics helps in preparing for interactions.

• Limitations of Rights: First Amendment rights are not absolute, and churches have the right to enforce restrictions on disruptive behavior, restricted areas, and safety concerns.

Practical Advice for Church Leaders

• Develop Clear Policies: Establish and communicate policies regarding filming and recording on church premises. Ensure these policies comply with legal standards and are clearly understood by all staff and members.

• Educate and Train Staff: Provide training to staff and volunteers on handling encounters with auditors. Emphasize the importance of remaining calm, respectful, and legally compliant.

• Stay Informed: Keep updated on relevant legal developments and court rulings. Engaging legal counsel can help ensure that the church’s policies and actions are legally sound.

• Document Interactions: Maintain records of any auditor interactions, detailing the events and responses. This can be crucial if any legal issues arise.

By taking these steps, churches can protect their operations and maintain a respectful and secure environment while upholding the principles of free speech. Church leaders and safety teams are encouraged to share their experiences and strategies, fostering a community of informed and prepared institutions.

Feel free to leave comments and share your experiences dealing with First Amendment auditors. Your insights can help others navigate these challenging situations more effectively.

FAQ: FREQUENTLY ASKED QUESTIONS

Q: What are First Amendment Auditors and why are they targeting churches?

A: First Amendment Auditors are individuals who exercise their first amendment right to film public places, including churches, to ensure transparency and open government.

Q: Is it legal to film public places like churches under the first amendment?

A: Yes, individuals have the first amendment right to film public places, including churches, as long as they do not interfere with the activities taking place.

Q: Why do First Amendment Auditors often record interactions with employees at churches?

A: First Amendment Auditors often record interactions with employees, such as church staff, to document any violations of their right to film public places.

Q: Are First Amendment Auditors confrontational when filming at churches?

A: While some auditors may adopt confrontational tactics, the purpose of filming at churches is to ensure that public officials respect individuals' rights to record in public spaces.

Q: What should church officials do if approached by a First Amendment Auditor recording at their premises?

A: Church officials should remain calm and respectful, allowing auditors to exercise their first amendment rights while ensuring that the church's activities are not disrupted.

Q: How can law enforcement officers respond to First Amendment Auditors filming at churches?

A: Law enforcement officers should be aware of auditors' first amendment rights to film and should not infringe upon those rights while ensuring public safety and order.