How State Employees Should Handle ‘1st Amendment Auditors’: A Guide on Responding to Verbal Attacks

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In today’s digital age, social media has provided a platform for individuals to express their opinions and conduct activities that push the boundaries of civil liberties. One such group that has gained attention is the so-called “1st Amendment Auditors” and citizen journalists. These individuals often confront law enforcement officers and government employees, seeking to test and provoke responses that they believe infringe on their rights. As a result, the state has taken steps to educate its 50,000 employees on how to handle these encounters. In this article, we explore the perspectives of both the auditors and the state, shedding light on the motivations and potential consequences of these interactions.

Who Are the ‘1st Amendment Auditors’?

Justin McDermott, also known as Freedom News Now, is a popular social media star who has been posting videos for several years. He is a prominent figure within the “1st Amendment Auditors” community, known for his confrontational approach towards law enforcement agencies and government officials. McDermott’s videos often feature interactions with officers where he refuses to provide personal information or answer questions about his intentions. Instead, he tries to provoke a reaction from the officers and capture their potential violations of his First Amendment rights on camera.

The Purpose Behind ‘1st Amendment Audits’

According to McDermott, the purpose of these audits is to raise awareness about potential infringements on constitutional rights. He believes that if there is nothing to hide, then there should be nothing to fear. By documenting his interactions with law enforcement, he aims to expose any abuse of power or disregard for civil liberties. McDermott’s videos often conclude with him drawing his own conclusions about the behavior of the officers, labeling them as “First Amendment fails.”

The State’s Response: Educating Employees on Proper Protocol

Recognizing the challenges posed by these encounters, the state has sent an email to its 50,000 employees, providing guidance on how to handle situations involving “1st Amendment Auditors.” The email emphasizes the importance of upholding the general rights of the public while remaining vigilant for suspicious behavior. It acknowledges that these encounters can often be deliberately provocative, potentially pushing the boundaries of the auditors’ First Amendment rights.

According to the email, the most crucial aspect of dealing with these auditors is to remain calm and pleasant. By doing so, state employees can avoid escalating the situation, maintain professionalism, and protect the rights of all parties involved. The email also raises the question of whether certain behaviors from auditors are deliberately provocative and advises employees to exercise discernment in their responses.

Understanding the Impact of ‘1st Amendment Audits’

The impact of these confrontations extends beyond the immediate interaction. In some instances, auditors have filed lawsuits against cities, seeking financial settlements or the termination of officers involved. Both sides are aware of the potential legal repercussions, which adds a layer of complexity to these encounters. Nevertheless, auditors argue that their activities are within their First Amendment rights and serve as a form of entertainment for their audience.


While the rise of “1st Amendment Auditors” has sparked controversy and tension, it has also brought attention to important questions regarding the balance between individual rights and law enforcement responsibilities. The state’s efforts to educate employees on proper protocol when dealing with auditors aims to ensure that these encounters are handled in a manner that upholds civil liberties while maintaining professionalism. The ongoing discourse surrounding these audits will continue to shape the boundaries of constitutional rights and the responsibilities of both citizens and government entities.

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