"The Street Belongs to Those Who Prepare for It"
Welcome To The Street

Welcome to the recording of Dealing with First Amendment Auditors. If you couldn’t attend live, don’t worry—we’ve got you covered. Below is the webinar replay along with the key takeaways from our discussion.

Key Lessons from the Webinar

1st Amendment Audits: What You Need to Know – These encounters test officers’ knowledge of constitutional rights. Understanding the boundaries of free speech, public access, and recording laws is crucial.

Case Law That Applies – Landmark cases like Glik v. Cunniffe (2011) confirm the public's right to record in public spaces. Terry v. Ohio (1968) allows for investigative stops if reasonable suspicion exists, but recording alone is not suspicion of a crime.

Public vs. Private Spaces – Public spaces, including sidewalks and government buildings, generally allow recording. Restricted areas require clear policies and lawful enforcement of trespassing laws.

Disorderly Conduct & Interference – Verbal confrontation alone is usually protected speech. Officers must distinguish between disruptive behavior and constitutionally protected criticism.

How to Handle Audits Professionally – Maintain a neutral, professional demeanor. Do not engage in debates or let emotions dictate actions. De-escalation and tactical communication are key to controlling the interaction.

What You Can and Cannot Demand – You cannot demand identification unless reasonable suspicion of a crime exists (Hiibel v. Sixth Judicial District Court, 2004). You can give lawful orders if a true disturbance occurs, but those must be legally justified.

Social Media & The Court of Public Opinion – These interactions are often posted online. Avoid actions that could be misinterpreted or taken out of context. A single bad moment can become national news.

Department Policy & Training – Departments must provide regular legal updates and scenario-based training to prepare officers for these encounters. Having a clear, legal policy ensures consistency and professionalism.

Watch the Recording for More Info

For additional insights, watch the full webinar recording. If you have any questions or concerns, feel free to reach out to us:

📩 Devonta Richardson – [email protected]
📩 Vince Finochio – [email protected]