Responding to First Amendment “Audits” in the Local Government Context

Local government employees are increasingly being filmed by individuals claiming to exercise First Amendment rights, creating anxiety and safety concerns. To address this, counties should adopt clear, content-neutral policies on filming within government buildings. These policies must balance the public's First Amendment rights with the need to protect employee safety, privacy, and the confidentiality of sensitive information. Given the complex and evolving legal landscape surrounding filming in public spaces, local governments should ensure any restrictions are narrowly tailored to serve significant interests, leave room for alternative communication, and align with legal precedent.