There is a disturbing new trend being found on social media called “First Amendment Audit.” This involves males who enter public buildings to get video of something. The person demands the name and identification number of those they come into contact with, but refuse to provide any information about themselves. These individuals believe they are constitutional scholars whether they actually graduated eighth grade or not.
For the most part, these individuals are polite, but that can change in less than a heartbeat. They claim a constitutional right to film whatever they choose, but rights only apply to them and not to others. The intent appears to be to demean, degrade and embarrass public employees in the hope of becoming an internet star and selling subscriptions to their channel. They demand to speak to a supervisor and claim the right to ignore orders from police officers under their First Amendment protections.
The laws regulating taking photos or videos and trespassing vary widely from state to state. Some states require all parties permission to be photographed, others only require one party’s permission. Below is Ohio’s criminal trespass law (emphasis added).
Ohio Rules of Criminal Procedure Section 2911.21.
(A) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either;
(5) Knowingly enter or remain on a critical infrastructure facility.
(B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.
The police officers depicted in the videos display extraordinary restraint. The childish behavior exhibited by these individuals Once the individual has been warned that they are trespassing, they are subject to arrest. Once arrested, the phone can then be seized as it shows evidence of the crime. A search warrant may be required to view the video, but the phone may be held until the case goes to trial.
There is little doubt that these videos get 10s of views from social outcasts who have a problem with authority.