Jeff Grosholz presented to the members of Preferred Governmental Insurance Trust during the group’s “Member Education Day” held on February 25, 2025 in Bristol, Florida. Jeff’s topic covered First Amendment auditors, who seek to publicize the actions of the government, often by filming themselves interacting with government employees in the hopes of catching the government employees violating the auditor’s constitutional rights. He shared some tips, guidance, and best practices when faced with a First Amendment auditor.

1. Forum always matters. The degree to which the government can regulate First Amendment expression almost always depends on the type of forum in which that expression occurs. It is therefore critical to recognize not all fora are created equal, and to know the limits of rules regulating speech in the different kinds of government fora.
2. Remain calm and respond with kindness. When faced with a First Amendment audit, it is always advisable to remain calm and, as best you can, respond them with kindness. Often, auditors are looking to create a viral moment to post online or on social media. By remaining calm and friendly, you are able to retain control of the interaction and defuse the situation.
3. An ounce of prevention is worth a pound of cure. By having strong policies in place that clearly explain what kind of First Amendment activity is and is not tolerated in government-owned spaces—reinforced through regular training of staff, especially those likely to encounter First Amendment auditors—public employers can safeguard themselves in advance for if and when they are confronted by a First Amendment auditor.