Audit the Audit: Public Filming Rights, Libraries and the Supremacy Clause

Overview

• Presenter: Audit the Audit
• Main Topics: Right to film in public, public libraries, supremacy clause
• Case Study: Incident on May 6, 2024, involving Jen Kums, independent citizen journalist

Case Details

Incident Summary

• Date: May 6, 2024
• Location: Montgomery County, Tennessee
• Individuals Involved: Jen Kums (journalist), Security Guard, Deputy Evans, Sergeant Fortner
• Activity: Jen Kums filming outside county clerk's office and public library
• Issue: Security guard claims filming not allowed without permission, calls for deputy
• Resolution: Funks' right to film upheld by deputies

Interactions

• Security Guard: Asserts Kums can’t film without permission, calls deputy
• Deputy Evans: Confirms Kums's First Amendment rights, initially cautious
• Sergeant Fortner: Reaffirms Kums's rights; discusses policy limitations with security guard
• Outcome: Kums allowed to film; security guard removed from position later

Legal Discussion

Right to Film

• Recognized by several federal circuits as protected by the First Amendment
• Relevant jurisdictions have upheld the right to film police and public officials
• Summary: Filming government buildings from public spaces generally protected

Public Libraries

• Legal Standing: Limited public forums, stricter regulations permissible
• Case Reference: Neinast v. Board of Trustees (6th Circuit)
• Library Policies: Can regulate behavior to ensure the quiet environment

Supremacy Clause

• Constitutional Reference: Article 6, Clause 2 (U.S. Constitution)
• Implication: Federal laws override conflicting state policies
• Application: First Amendment rights override county filming policies

Evaluations

Deputy Evans & Sergeant Fortner: Grade A

• Merits:
  • Defended First Amendment rights
  • Maintained professional demeanor
  • Sought clarification from supervisors
  • Educated security guard on constitutional rights

Jen Kums: Grade A

• Merits:
  • Remained calm and respectful
  • Persistently advocated for her rights
  • Avoided antagonistic behavior

Security Guard: Grade F

• Demits:
  • Hostile and rude demeanor
  • Misunderstanding of constitutional rights
  • Overstepped lawful authority

Conclusion

• Overall Message: Upholding constitutional rights requires diligence and education.
• Recommendations for Security Personnel: Need for better training on First Amendment rights.
• Encouragement for Auditors: Maintaining respectful and persistent demeanor leads to successful advocacy.