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🚨ABOUT FIRST AMENDMENT AUDITORS: 👮‍♂️Recording on a public sidewalk is not illegal. It's a Constitutional Right. Aggressively approaching someone filming is never a good idea. Just mind your business. 🔥This guy found out the hard way—with a face full of pepper spray.

17,573 Aufrufe • vor 23 Tagen •via X (Twitter)

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First Amendment auditors are right. Feelings are not law. At a Chick-fil-A, auditors stood on the public sidewalk filming. The manager called police, claiming they were filming “private property,” making guests uncomfortable, and “scanning” vehicles. She wanted them stopped. Police officer did the correct thing: he explained the actual law. The sidewalk is public property, frequented by the public. It is not illegal to record from that location in Tennessee. He pointed out the clear line—if they stepped onto Chick-fil-A property, they could be asked to leave. While they stayed on the public side, they were free to film. He even noted he could walk around with a camera himself from the same spots. That is the entire ballgame. Public spaces belong to the public. What you can see with your eyes from a public sidewalk, you can generally record. This is core First Amendment territory—freedom of the press and the right to gather information in places open to everyone. Courts have repeatedly upheld this. Discomfort, customer complaints, or a business’s preference do not create a new exception. “It makes people feel followed” is not a legal standard. If it were, news crews, citizen journalists, and anyone with a phone could be shut down every time someone felt uneasy. Yes, the auditors could choose a less confrontational style. Standing there with cameras pointed at a drive-thru and parking lot will annoy people. That is obvious. But annoyance is not illegality. The point of these audits is often to test whether officers and businesses actually know the boundary between private property rights and public rights. In this case the officer did. The manager did not. When people start treating “I don’t like it” as equivalent to “you can’t do that,” the First Amendment erodes. Auditors force the conversation back to the actual rules instead of vibes. That is why they keep doing it—and why this one was clean. Public means public. Record away.

DocumentingLibs

69,323 Aufrufe • vor 14 Tagen