Jeffrey Grosholz discussed guidance and best practices when faced with a First Amendment auditor to attorneys attending the Florida School Board Attorneys Association conference June 13-14, 2025.

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.

As Jeffrey continues to speak with organizations about the challenges posed by First Amendment auditors, one key takeaway has emerged: preparation is critical.

He emphasizes that public employers can reduce their risk by implementing clear, well-crafted policies that define acceptable First Amendment activity in government spaces. Just as important is making sure staff—particularly those on the front lines—receive ongoing training to understand and apply those policies. Together, proactive policies and consistent education serve as a strong defense when navigating encounters with First Amendment auditors.