Businesses Encounter ‘First Amendment Audits’

A Message from the Farmington Regional Chamber

The Farmington Regional Chamber wants to make our members aware of a growing trend involving individuals often referred to as “First Amendment auditors.” These individuals — sometimes self-described as activists or “citizen journalists” — conduct public video recordings of businesses, including financial institutions, retail stores, and public-facing offices. The goal of many of these encounters is to provoke a response that may be perceived as inappropriate or unlawful, which is then shared online, often to generate attention or revenue.

These incidents typically involve some level of confrontation or unusual questioning directed at employees, customers, or passersby. If your business has experienced one of these visits, or if you are concerned about the possibility, we encourage you to be prepared.

Understanding Your Rights and How to Respond

In general, there is no legal expectation of privacy in a public place. This means anyone may legally record video or audio in or from a public setting, including business entrances, sidewalks, or lobbies that are accessible to the general public.

While this may be uncomfortable, it is not illegal.

What’s important to understand is that these “auditors” are often seeking a reaction. Their goal is to elicit a response they can post on platforms like YouTube or other social media to generate views and revenue. Some of these channels have significant followings, and they profit when videos spark anger, confusion, or controversy.

How to Protect Your Business

The Farmington Regional Chamber recommends the following steps:

• Do not engage with anyone who is filming unless it is absolutely necessary for safety or legal reasons. If you must engage, remain calm, courteous, and professional.

• Disengage if you can. Once you determine that the person is not a legitimate customer or conducting valid business, it is best to avoid further interaction.

• If you feel threatened, contact your local law enforcement agency. Officers are trained to handle these types of situations.

• Train your staff on how to identify these interactions and respond with professionalism and care.

Stay Informed and Prepared

These types of encounters are becoming more common across Missouri and the United States. As your local Chamber, we are committed to keeping you informed about trends that impact your operations and public-facing teams. By being prepared and staying composed, you can help minimize the impact of these incidents and protect your business’s reputation.