Anson Record | Squashing some beef: First Amendment audits are often stunts, not progress

Jul. 17—A normal afternoon at the Wadesboro post office was interrupted when a group of individuals armed with cameras attempted to film inside the government building.

The filmers, part of a YouTube channel "Pepperoni Audits", conduct First Amendment audits around the country. Recent videos include visits to South Carolina and New York. The audits are parts of a social movement that involves photographing or filming in public places, often as a way to provoke a response and test local government officials.

The YouTube video, entitled "Postmaster Pushes Me, Then Gets Educated!" has racked up over 60k views since its publication on June 30, 2023.

In the video, the group is informed to not film in the building by a front-desk employee. After a minute of hanging out in the lobby, Postmaster Jesse Flowers arrives and directs them that they are not allowed to film inside the building. He directs them toward some unknown rule posted in the building, although it does not satisfy the group.

The act of filming is inside a government building is completely legal. According to Coates' Canons NC Local Government Law, there is no established right to film public officials in carrying out their duties, although there is a "paramount public interest in a free flow of information to the people concerning public officials." To date, the First, Third, Fifth, Seventh, Ninth, and Eleventh Circuit Courts of Appeals have recognized a First Amendment right to record police personnel carrying out their official duties in a public place. The First Circuit has recognized a right to film government officials engaged in their duties in public spaces.

Absent of this knowledge, Postmaster Flowers blocks the group from entering the building again, despite their insistence that they're are "just buying a stamp." As these incidents tend to transpire, there's a heated back and forth between the group and Flowers. At one point, a clerk incorrectly informs the group that they need ID. It's unclear from the video, but it appears that there's some physical contact between Flowers and one of the filmers. After 911 is dialed, officers from the Wadesboro Police Department arrive, take note of the assault charge, and inform all that it is perfectly legal to film inside the building. The situation is defused. One of the cameramen says they plan on filing a report in the absence of an apology from Flowers, although it's unclear if any assault charges are filed from anyone.

Toward the end of the confrontation, a unspecified post office employee states that it was prior policy "10 years ago" that they could not film inside the building and that is what they were told.

"Your policy doesn't trump our rights," replied one of the filmers. "Now that we have a good understanding, we're good, thank you for respecting that."

In one's free time, some people like to unwind with a round of golf. Some may like to bake a cake or dabble with a craft. Some people like to exercise. And some people like to waltz into random, ordinary government buildings carrying a camera stick and mount with multiple devices to provoke a response.

Yes, Flowers is incorrect in his understanding and application of existing statutes and the law. It's incumbent upon all employees of the government — elected officials, judges, police officers — to understand what is legal and illegal under their direct purview and how their judgment can impact the rights of the citizens they represent.

By the same token, the manner in which "Pepperoni Audits", under a guise of vanguard upholders of the First Amendment, operate is, at best, laughable, and more honestly, needlessly pathetic. There's far more effective and compelling ways to address these sort of First Amendment quandaries then barging into a post office practically begging for some sort of confrontation to occur to rack up some views and clicks.

As a newspaper, we are ardent supporters of the First Amendment, but we fail to see how these sort of stunts secure any sort of legitimacy to the very real challenges that our Constitution and liberties face every day.

If there is one takeaway from this sideshow circus, it's the exceptional job from the Wadesboro Police Department in handling the situation. Sgt. D'Anya Chance-Horne deserves a special kudos, for her unflappable demeanor in handing all involved persons. She swiftly addresses the most pressing concern, the alleged assault, and subsequently informs all that it is perfectly legal to film inside of the post office once everyone's safety has been established. It's unfortunate that North Carolina body camera footage is not considered public record, because this is the type of police work that deserves more recognition.

An excellent recommendation for a YouTube channel that doesn't involve petty confrontations with strangers is "Audit the Audit." That channel sorts out the right and wrong of police interactions, offering deep insights into police interactions with the information behind the law to back it up. "Audit the Audit" shines a spotlight on both knowledgeable and misinformed citizens, as well as commendable and corrupt law enforcement. It's a great repository of information for anyone with a keen interest in the law and its application.

From the content of these "Pepperoni Audits" videos, (and we've viewed other videos that display even more exasperating tactics) it comes across that these filmers are looking for little more than a confrontation. They advocate and screech for government transparency, thinking that they're the good guys raging against the machine. Frankly, they're just being an obnoxious nuisance, proving nothing but their right to be one.