Burbank PD Community Bulletin: First Amendment Auditors

The Burbank Police Department is aware of individuals commonly referred to as "First Amendment Auditors" who may be present within the City of Burbank. These individuals intend to exercise, and at times test, the limits of constitutional rights, particularly the right to photograph or record video in public spaces as protected under the First Amendment.

Publicly accessible areas such as sidewalks, parks, and the exterior or interior areas of government buildings that are open to the public may generally be lawfully recorded, provided the activity does not interfere with operations or restrict public access. Filming in these locations, by itself, is not illegal and does not require consent from those being recorded.

While the methods used by First Amendment Auditors can feel intrusive or confrontational, it is important to understand that this activity is typically lawful when conducted from publicly accessible areas and without disruption to normal business or government operations. In some cases, these individuals intentionally seek to provoke reactions from members of the public or law enforcement. These interactions are often recorded and later shared on social media platforms, sometimes for financial gain.

The role of the Burbank Police Department is to maintain peace while balancing constitutional protections with public safety and order. Officers may not detain an individual, demand identification, or prevent lawful recording in publicly accessible areas unless a crime has occurred or there is reasonable suspicion of criminal activity. Filming alone, even when it causes discomfort or concern, is not a crime.

Community members who encounter individuals engaged in First Amendment auditing activity are encouraged to remain calm, avoid confrontation, and continue about their business. If the behavior exceeds lawful activity or becomes threatening, the public is encouraged to contact the Burbank Police Department.

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Questions regarding this statement should be directed to Lieutenant Brent Fekety at (818) 238-3231 or [email protected].