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Voices. Knowledge. Solutions.

‚ÄčThis Policy is designed to address the possibility of First Amendment audits. In brief, First Amendment audits are situations in which private citizens video record municipal facilities or employees to determine whether the municipality is complying with the First Amendment. The courts have generally recognized that video recording is a form of speech that is protected by the First Amendment. Therefore, private citizens have the constitutional right to record public employees in public places. That right is not unlimited and may be regulated in nonpublic forums and limited public forums. Municipalities may also regulate conduct to ensure the orderly operation of municipal functions and to protect the rights of their employees and private visitors. The policy below is intended to identify and apply rules within nonpublic and limited public forums under the control of the municipality. The policy below also contains generally applicable rules of conduct for all municipal facilities. You should consult with your own municipal attorney before adopting or applying this policy.

First Amendment Audit Model Policy