A Guide on How to Handle Public Filming

Public filming is becoming increasingly common. One common practice is what's called a "First Amendment audit," where individuals – who will often call themselves “auditors” or “citizen journalists” – film or photograph public spaces, especially government buildings or public officials, to exercise and test their constitutional right to record in public. 

These audits aim to promote government transparency and accountability. Supporters view them as a form of civic engagement, while critics argue that some auditors use confrontational or provocative tactics. In fact, one such tactic is called a "silent audit," where the camera operator doesn't speak, exercising their right to remain silent under the Fifth Amendment.

Courts have generally upheld the right to record in public, especially when it involves public officials performing their duties in public spaces. And these recordings – often posted on YouTube and various social media channels – have happened at banks and credit unions across the country. 

It's important to understand what is and isn't allowed, and how to respond calmly and professionally. Here's a simple guide that you can apply at your credit union:

What’s Allowed

Public Spaces: Individuals have the legal right to film in public areas, including sidewalks, public streets, and parking lots not owned by the credit union.

Through Windows: Filming through windows from public spaces is generally protected under the First Amendment as long as the person is in a legally accessible area.

What’s Not Allowed

Inside Branches: Filming within credit union premises is not permitted without explicit permission.

Engaging with the Filmer: Avoid jokes, comments, or unnecessary engagement – what seems harmless can be edited or misrepresented online.

Disruption: Filming that interferes with daily operations or disturbs members is not acceptable.

If Someone is Filming Outside: Do’s and Don’ts

Stay Calm and Professional – Treat the situation like any other day; no need to alter your behavior.

Do Not Engage Unless Necessary – If they’re not interacting with staff or members, there’s no need to respond.

Avoid Humor or Commentary – Maintain a neutral and composed demeanor at all times.

Escalate with Caution – Notify management or security  if the person becomes disruptive, enters restricted areas, or harasses others.

When Members Ask About It

Example Question:
“Hey, what was up with that person filming?”

Suggested Response:
"Yeah, it was a little unusual. They were doing what’s called a ‘First Amendment Audit’ – basically testing their right to film in public spaces. We stuck to our protocols, stayed professional, and just went about our day."

If the member pushes for more information, emphasize:

"Our top priority is always the safety and privacy of our members and staff."

Why This Matters

These encounters, while sometimes unsettling, are opportunities to demonstrate the professionalism, transparency, and calm demeanor that define the credit union movement. Every staff member plays a role in shaping how the institution is perceived – not only by the person filming but potentially by a broader online audience.

Remaining composed, avoiding unnecessary engagement, and following internal protocols ensure that if any footage is shared publicly, it reflects positively on your credit union and its commitment to member service and community trust.

Public filming isn’t something we can control, but we can control how we respond. By staying informed, consistent, and professional, credit unions can confidently navigate these situations while upholding the rights of the public and protecting the well-being of staff and members alike.