‘First Amendment auditors’ hunting for clickbait

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By Allison Scarbrough, News Editor

Four men claiming to be “First Amendment auditors” have been making their rounds locally to bait police, government officials and business people to act unprofessionally and post unflattering videos of them on YouTube.

The men, two of whom appear to be middle aged and the other two appear to be in their 20s, are filming videos from windows of buildings, and in some cases, they are filming inside the building.

“Ludington Police Department has received numerous calls and a few visits this afternoon about the folks … walking about town recording ‘things’ and people,” states LPD in an April 16 Facebook post. “While we recognize that many folks prefer not to be recorded, especially by strangers, there are legal principles to take into consideration. The people recording are often referred to as ‘First Amendment auditors.’ They travel around recording people and places, often looking for a confrontation with folks who do not approve of their actions.

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“Here is the law — as long as the ‘First Amendment auditors’ are in a public place, they are free to record. Private businesses can direct them to leave, and they must leave that business. However, they are free to record — from a public place, anyone or anything that is also utilizing that public place. Whether someone likes it or not, there is a diminished ‘expectation to privacy’ in public places. If you are a business owner encountering these folks and you want them to leave, ask them to leave. If they refuse, call LPD and we will respond. While we recognize that many folks will not like this behavior, it is protected and they are allowed to conduct their business in public settings.”

Oceana County Sheriff Craig Mast said the group made a stop at the Oceana County Courthouse earlier this week. “I talked to them for a while, and they are really crude, vulgar and rude,” he said. “They were creeping around the courthouse.” The men were shooting video through the windows of work stations inside the courthouse, he said. “This worried the employees. We have sensitive information in the courthouse, such as jury questionnaires.”

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They have visited the towns of Hart, Shelby, Ludington, Baldwin, Montague and Whitehall, he said.

They posted a video harassing Shelby State Bank employees at the Shelby branch. When officials asked their names, they refused to give their names. When asked why they were filming, one of them answered, “I tour towns for people who can’t necessarily do it themselves.” While filming, they make many disparaging remarks about the people and the businesses. 

In the Shelby video, they all march into the Shelby Township office with their cameras and walk down the hallway.

“They’re difficult to legally stop,” said Mast. “The best remedy is not to confront them.” If they film outside your window, pull the shade down.

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“They’re splitting hairs with constitutional rights,” said the sheriff. “They’re on the edge of being caustic — trying to rile people up. They know where they can push the limit. This is very disturbing to people.”

The group appears to be baiting people into acting unprofessionally, particularly those who have taken an oath to uphold the constitution, such as police officers.

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