Steve O :
It is a common sentiment expressed by First Amendment auditors that, as taxpayers, they are the "employers" of public employees and that public buildings are "their" property. However, this is a misunderstanding of the law regarding public property and employment.
Here's a breakdown of the facts:
Public Ownership vs. Private Ownership: Government buildings are public property, meaning they are owned collectively by all citizens and managed by the government for public use. This does not grant any single individual citizen the right to treat the building as their private property or to ignore reasonable government regulations on access and conduct.
Access to Public Areas: The public has a general right to access public areas of government buildings (lobbies, hallways, public meeting rooms). However, the government can impose "reasonable time, place, and manner restrictions" on activities, including recording, especially in non-public forums such as private offices, employee-only areas, or secure facilities.
Taxes and Salaries: Government operations and employee salaries are funded by a combination of taxes (individual income, payroll, corporate, etc.), fees, and sometimes borrowed money. While taxes are the primary source of revenue, this makes public employees public servants accountable to the law and the public as a whole, not direct "employees" of any individual taxpayer in a private employment sense.
Purpose of Audits: The stated goal of First Amendment audits is to test the right to film in public spaces and record government officials in action, which is a protected activity in public forums. The legal basis for this is the First Amendment right to free speech and a free press, not a claim of building ownership via tax payments.
In short, while the buildings are public and employees are paid by public funds, these facts do not grant an individual citizen unlimited access or an unrestricted right to film in all areas, or the ability to direct employees as an "owner" or "employer".
2026-02-17 21:58:08