Prof. Jeff Kosseff Interviewed by Star Tribune About Actions of First Amendment Auditors

Professor Jeff Kosseff, Silha Professor of Media Ethics and Law, was interviewed by the Minnesota Star Tribune about a group of men stood outside a St. Louis Park Pilates studio last week and filmed women who were working out through the window. The presence of the men created an unease that’s been felt elsewhere across the country as “auditors,” as they are known, test their First Amendment rights to record in public. The incident was captured in a TikTok video and has gone viral since it was posted Sunday. Prof. Kosseff said the practice of filming in public spaces, known as a First Amendment audit, is becoming a more common social and political movement. He said, “They have the right to do that. People might say this is harassment, but the bar for that is very high. It can’t be just because somebody didn’t like it. The person is making the point they have the First Amendment rights to film on public property.” But, he added, the First Amendment does not allow auditors to record interactions that occur in private offices or in areas of government buildings not accessible to the public. The law also does not allow auditors to record inside private businesses, “which have every right to tell them to leave.”