'First Amendment audits' attract attention of West Michigan law enforcement - WWMT-TV
COLDWATER, Mich. — A growing group of self-described First Amendment auditors have been recording video around public buildings across west Michigan.
For the last several years, groups of private citizens nationwide have organized social media campaigns to “audit” government spaces and agencies for possible First Amendment violations.
The trend prompted the state of Michigan to notify all 50,000 state employees on how to handle people recording in public buildings. The encounters often include, "behavior that is designed to provoke a reaction that could be viewed as a violation of First Amendment rights," the state said in a notification sent in November.
Steve Jones, a Lansing-area man who calls himself a first amendment auditor, recorded his interactions at Kalamazoo County Health and Community Services, the Kalamazoo County Administration building and the Secretary of State office in Paw Paw in the last several weeks.
"We just walk around publicly accessible areas and record. It provides another level of transparency to the people," Jones said.
Jones posted videos of the interactions on his YouTube page. Jones contributes his videos to other websites for civil rights audits.
"I didn't get into this, not for money or any notoriety, I got into this to stand up for our Constitution," Jones said.
Some of his efforts attracted the the attention of law enforcement after some government workers became uncomfortable and called police.
Jones said he works with another man to produce the videos. Both men walked into Coldwater City Hall wearing masks and began recording video of city clerk. One employee called police.
"When they first saw them and encountered them they were scared. It can be challenging for a staff to decipher who is there to do harm and who is not," said Coldwater police chief Joseph Scheid.
Two officers responded and talked with Jones and gave him a tour of city hall before leaving. Scheid said downtown Coldwater store owners later complained Jones was recording them through their store windows from the public sidewalk.
Scheid said since Jones remained in public he was not breaking any laws.
Jones raised some eyebrows when he arrived at Antwerp Township Hall on Tuesday. Minutes earlier, Jones went to visit the Mattawan Police Department, but the building was closed.
A Mattawan police officer responded to Antwerp Township Hall on a call for a breaking and entering. The officer was seen trying to question Jones, who refused to talk to the officer.
Jones walked toward the officer's patrol car and started recording the officer's laptop screen which was open and in view.
Jones insists he's not looking to provoke conflict during his recordings.
"My hope is I go there and nobody bothers me. Just leave me alone and let me do what I’m lawfully allowed to do," he said.
The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest
Attorney Randall Levine said the First Amendment recordings has its limitations, for example, if someone were to interfere with police activity or government functions.
"The First Amendment gives the people the right to speak but it’s not unlimited and it’s a balance between interests that are impacted," Levine said.
Scheid said Coldwater police officers are trained to handle First Amendment auditors.
"We’re really going to kill them with kindness," said Scheid. "We'll talk to them and answer any questions they have."
Jones says his goal is to increase transparency for all public employees, not just elected officials. Jones said he began conducting First Amendment audits to keep police accountable, but has since focused on government employees.
"We're trying to hold all government officials accountable and provide transparency that otherwise isn’t available," Jones said.
In the notification to state of Michigan employees, workers are advised to be calm and pleasant and to not engage with First Amendment auditors.
source: https://wwmt.com/news/i-team/first-amendment-audits-attract-attention-of-west-michigan-law-enforcement
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