The man claimed to be a “First Amendment rights auditor.”
The schools involved told him to take a hike (good), and no one was hurt (much better). But the incidents show that schools, already concerned about safety, have to double down and prevent fringe groups’ self-aggrandizing tactics.
The Freedom Forum says these audits involve filming public officials to test their right to film in public spaces.
That seems reasonable on its face. No one wants public officials skirting the law. But people need to educate themselves on what they can and can’t do and avoid the fallacy that these alleged First Amendment auditors know the law.
Oftentimes, they don’t.
For example, in Ohio, you can record an encounter with police provided you don’t interfere with their official duties, according to the Ohio Bar Association. But the bar also notes you should be careful so that any recording action isn’t interpreted as aggressive.
Ohio law says people may videotape, with restrictions, certain public meetings.
But no one has the right to barge into a school and start taping.
According to a report in this newspaper, a 25-year-old man has been trying to get into local schools to tape and ask questions, though what he wanted to ask and who he wanted to talk to remains an open question.
(I mean, will he ask children whether Bluey is a latent communist or whether a picture book has a subconscious left-wing socialist liberal message?)
Clearly, this person doesn’t understand that the First Amendment is not absolute.
On the federal level, the Supreme Court has ruled that governments can limit some protected speech concerning time, place, and manner of expression. That’s why cities can establish noise ordinances or require permits for demonstrations.
Schools can make rules restricting who can enter the building, according to section 3313.20 of the Ohio Revised Code.
That’s the way it should be because schools need to be vigilant about who comes and goes. You never know who wants to do harm. Just look at these latest examples.
In Auburn, NY., a man possibly suffering from a mental illness ran through an elementary school, knocking down children, before police subdued and arrested him. In Portland, ME., police say a man entered a middle school bathroom and offered a hypodermic needle to a female student. Police in Chesapeake, VA, arrested a convicted sex offender on school grounds.
So, when some knucklehead walks into a school with a camera babbling about the First Amendment, yeah, he should get booted.
These antics prove disruptive, frightening to children, and potentially dangerous to school staff. Miamisburg’s Bauer Elementary implemented a soft lockdown, which put in place extra security procedures when camera man stayed on school property. That had to scare some children and parents. Other school administrators approached the man without knowing whether the camera was the only thing he was carrying.
Anyone who has a real interest in protecting the First Amendment can get involved with a group dedicated to free speech rights. You can help educate people on what they can and can’t do under the law.
Walking around with a camera doesn’t do anything except create a confrontational environment with, maybe, a “gotcha” moment that looks good on social media.
Most importantly, these antics disrupt schools trying to focus on children and staff but instead have to devote resources to figure out what’s going on.
Who does that help? How does that advance the First Amendment?
It doesn’t.
Ray Marcano’s column appears on these pages each Sunday. He can be reached at raymarcanoddn@gmail.com.
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