We are living in an era where just about everything that you do can be recorded and posted to the internet for everyone in the world to see. And yes, I truly mean everyone in the world. One Iowa influencer, formerly known as Scumbag Dad, who has since changed his username to @brad_podray, is giving the scoop on what to watch out for in public to avoid that from happening to you.<\/p>\n
He goes on to uncover exactly what people who dub themselves ‘first amendment auditors’ look like and the type of behavior they are going for. It’s unsettling to know that, according to this information, I have seen people in my own community doing the same thing.<\/p>\n
The video in question was posted to TikTok by @brad_podray, an influencer and orthodontist named Brad Podray who is best known by his former username, Scumbag Dad. In the video, he explains what to look out for whenever you see someone who is likely filming in public to create ‘ragebait’ content. These people will typically be dressed all in black and will have numerous cameras with them, hoping to catch people off guard to put them in compilation videos.<\/p>\n
Brad explains that his latest interaction with them was when he went to a post office and saw one standing outside. Inside the post office, two women were talking about whether they should call the police since the man standing outside with cameras was making them uncomfortable.<\/p>\n
Brad tells them that that’s exactly what the person outside wants because they aren’t doing anything illegal. He specifically said, “I don’t think you should do that because they want you to call the cops because they aren’t breaking any laws. If you confront this person, you’re gonna wind up on one of these compilations.” He then gives examples of videos posted within the last month with titles like FOOL SMASHES MY CAMERA !! Carefree Arizona and TURN IT OFF AND DELETE IT \ud83d\udd25 Tempe Arizona Downtown.<\/p>\n
Brad continues his explanation, saying, “this type of video exists so they can make money off of your reaction. They’re allowed to film you, they’re allowed to film your car, they’re allowed to be weird and make you feel uncomfortable because it isn’t illegal in America.”<\/p>\n
The legal foundation for this activity rests on established First Amendment protections regarding photography and videography in public spaces. Since the 1960s, courts have consistently ruled that individuals have a constitutional right to photograph or film anything that is in plain view from public spaces, including government buildings, police officers, and other people. This right extends to filming for journalistic purposes, artistic expression, or personal documentation.<\/p>\n
The financial incentive driving much of this behavior comes from YouTube’s monetization system. Channels that generate high engagement\u2014measured by views, watch time, and comments\u2014can earn substantial revenue through advertising. Videos that feature dramatic confrontations, particularly those involving law enforcement or angry citizens, tend to perform exceptionally well in YouTube’s algorithm, creating a powerful economic motivation for creators to seek out and provoke these situations.<\/p>\n
Some auditors have built channels with hundreds of thousands of subscribers, turning what appears to be random public filming into a lucrative career. The most successful practitioners understand exactly which locations (post offices, police stations, public libraries) and which behaviors (lingering conspicuously, filming employees through windows, asking provocative questions) are most likely to generate the dramatic responses that translate into viral content.<\/p>\n
Commenters were upset at this revelation, but none were very surprised, as this content is very much in line with what is popular nowadays. One person even offered a bit of advice should this happen to you, saying, “Just walk past them playing Disney music. They’re not making any money off you and they can’t use the clip because YouTube will automatically flag it.”<\/p>\n
Other commenters were more shocked than anything, wondering how this wasn’t illegal when many other things that are being done, such as loitering, are. This person says, “how is stuff like this legal but ‘loitering’ is illegal? so if I ‘loiter’ and instead of standing around I start filming suddenly it’s ok?” Unfortunately, that very much seems to be the case in the United States. It’s a good thing we have people like Brad to warn us of these things before they actually happen to us.<\/p>\n
The apparent contradiction between what constitutes legal filming and illegal loitering stems from different legal tests applied by courts. Loitering laws typically require proof of intent to commit an illegal act or that the person’s presence causes immediate alarm for others’ safety. First Amendment protections, however, create a much higher bar for restricting photography and videography in public spaces.<\/p>\n
Courts have generally required evidence of actual harassment, threats, or invasion of privacy\u2014not merely discomfort or annoyance\u2014before restricting filming rights. This creates the legal landscape where someone filming continuously in a public space may be protected, while someone simply standing in the same space without a camera might be subject to loitering enforcement, depending on local ordinances and police interpretation.<\/p>\n
According to Brad Podray’s observations and analysis from numerous online discussions, first amendment auditors often exhibit specific behavioral patterns. They frequently wear tactical or all-black clothing, carry multiple recording devices (often including body cameras, handheld cameras, and sometimes even 360-degree cameras), and position themselves in ways that maximize their visibility while technically remaining within legal boundaries.<\/p>\n
Their interactions tend to follow a script: they remain silent initially, allowing subjects to approach them; they respond to questions with legally precise language about their rights; and they avoid physical confrontation while verbally escalating situations through calm, repeated assertions of their constitutional protections. Understanding this pattern can help ordinary citizens recognize when they’re being filmed for content creation rather than for legitimate journalistic or personal purposes.<\/p>\n
The most effective strategy, as Brad emphasizes, is complete non-engagement. Auditors depend on emotional reactions\u2014anger, confusion, fear, or confrontation\u2014to create compelling content. By refusing to acknowledge their presence, avoiding eye contact, and proceeding with normal activities as if they weren’t there, individuals can deny auditors the dramatic footage they need for profitable videos.<\/p>\n
Some legal experts suggest additional strategies: filming back (as you have the same right to record in public), politely stating you do not consent to be in their content (while understanding this doesn’t legally stop them in public), or contacting building security or management if the filming occurs on private property adjacent to public spaces. However, the consensus among those who study this phenomenon is that ignoring the auditor entirely remains the most effective approach.<\/p>\n
The rise of first amendment auditing has sparked significant ethical debate within legal, journalistic, and community circles. Proponents argue that auditors perform a valuable public service by testing and documenting the boundaries of constitutional rights, particularly regarding police interactions with citizens. They point to instances where auditor videos have exposed improper conduct by public officials or led to settlements in civil rights cases.<\/p>\n
Critics, however, contend that many auditors engage in deliberately provocative behavior designed not to test rights but to manufacture content for profit. They argue that the practice exploits legal protections intended for legitimate journalism or personal expression, turning constitutional rights into a business model that depends on creating public discomfort and conflict. This tension between protected activity and ethical responsibility continues to evolve as the phenomenon grows.<\/p>\n
As first amendment auditing becomes more widespread, communities are grappling with its effects on public spaces and institutions. Public employees\u2014from postal workers to librarians to municipal clerks\u2014increasingly report feeling surveilled and harassed in their workplaces. Ordinary citizens express reluctance to visit certain public buildings or participate in community events knowing they might be filmed for potentially viral content.<\/p>\n
Some municipalities have responded with training programs for public employees on how to handle filming encounters legally and calmly. Others have considered (and sometimes abandoned) ordinances attempting to place reasonable time, place, and manner restrictions on filming in certain sensitive locations. The challenge remains balancing constitutional protections with maintaining functional, welcoming public spaces where people feel comfortable conducting ordinary business.<\/p>\n
As the practice of first amendment auditing continues to generate controversy and litigation, courts are beginning to address more nuanced questions about the boundaries of public filming. Recent cases have examined issues such as whether filming from public sidewalks into private business windows constitutes harassment, whether following specific individuals while filming crosses into stalking territory, and whether certain government facilities can impose reasonable restrictions without violating constitutional rights.<\/p>\n
Legislators in several states have proposed bills that would create clearer guidelines around public filming, though these often face constitutional challenges from civil liberties organizations. The evolving legal landscape suggests that while the core right to film in public will likely remain protected, society may develop more sophisticated understandings about when that right intersects with other important values like privacy, harassment prevention, and the orderly functioning of public institutions.<\/p>\n
Understanding the phenomenon of first amendment auditing requires recognizing it as more than just random people with cameras\u2014it’s a developed practice with its own methodologies, economic incentives, and legal strategies. As public spaces increasingly become stages for content creation, ordinary citizens benefit from awareness about these dynamics. The most practical approach combines knowledge of one’s own rights with strategic non-engagement when encountering auditors, ensuring that public spaces remain accessible to all without becoming unwilling participants in someone else’s revenue stream.<\/p>\n","protected":false},"excerpt":{"rendered":"
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