Why ‘First Amendment auditors’ are filming in public across Placer County

The camera isn’t just recording. It’s asking a question: How will you react?

That’s the premise behind First Amendment auditing, a practice that has become increasingly visible in Placer County in recent years as content creators test the public’s understanding of constitutional rights.

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First Amendment auditors record in public places to determine whether public officials and law enforcement respect the constitutional right to photograph and film in places where there is no reasonable expectation of privacy. Many post the encounters online, where videos can attract large audiences and generate advertising revenue.

The Auburn Police Department addressed such auditors in a July 20 social media post.

“When law enforcement is called, officers will respond, assess the situation, maintain the peace, explain the law, and take enforcement action when legally justified,” the department wrote. “However, recording from a public place, asking questions, and using offensive language are generally protected activities. Cussing by itself is not a crime.”

The department said officers must base enforcement decisions on unlawful conduct, including trespassing, criminal threats, assault or physically interfering with lawful activity.

The post also urged residents to remain calm and avoid confrontation.

“Do not touch the person or their recording equipment,” the department wrote. “We especially commend those who disengage and walk away. That is not weakness. It is good judgment and often the most effective way to prevent the situation from escalating.”

Auditors have filmed in other communities throughout Placer County.

Bay Area Transparency, a YouTube channel with more than 360,000 subscribers and 135 million views, has posted videos from Roseville and Rocklin.

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Ben Dejo, a spokesperson for the channel, declined to comment for this article, saying it was “not real journalism.” He said the channel planned to publish a video responding to the article.

In Lincoln, Capt. Zach Eaton, a spokesperson for the Lincoln Police Department, said auditors most often visited the police station and post office.

“Our interactions with auditors are generally handled the same way we approach any member of the public exercising constitutional rights in a public place,” he said. “LPD officers are directed and trained to remain professional, protect constitutional rights, and ensure that public business and public safety operations are not disrupted.”

Eaton said those encounters were typically uneventful and rarely required enforcement action.

“For community members who are concerned or fearful, we generally remind them that filming in public spaces is typically lawful, even if it feels uncomfortable,” he said. “We encourage residents and employees not to engage in arguments, not to physically interfere, and not to escalate the situation.”

He said the best response was to remain calm, go about normal business and avoid confrontational exchanges. If a specific safety concern arose, residents should contact the Police Department.

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