December 7, 2023

1:00 pm – 2:00pm Eastern

Free Live  to IMLA Members - CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

Free Speech: First Amendment Audits - How to Handle and Protect Against Liability

There has been an increase in private citizens, known as First Amendment Auditors, engaging in activities against local governments designed to provoke a response that violates the First Amendment. First Amendment audits typically involve an individual photographing or filming his or her surroundings from a public space and is often categorized by its practitioners as activism and citizen journalism designed to test whether local government officials will uphold the auditor’s constitutional rights – including the right to photograph and video record in a public space. There is a growing consensus of federal Courts of Appeals holding that the First Amendment generally protects the rights of citizens to film or record public officials, including police officers, performing their duties in public. However, the right to film is not absolute, as it is subject to a reasonable time, place and manner restriction. It is important for local governments to understand the rights involved and how to distinguish protected behavior from unprotected behavior, so as to ensure these matters are appropriately handled by local government officials in order to limit potential liability.

Speakers: James Benjamin & Bambi Glenn

James Benjamin Mr. Benjamin serves as County Attorney for Baltimore County, and in so doing, is the head of the Office of Law, where he manages a staff of 70 and a budget of over $8 million. He oversees and directs Baltimore County’s civil legal matters, providing legal counsel and representation to the County Administration, County departments and offices, and the County Council on a wide range of issues, including civil litigation and preventative risks/claims assessments, regulatory matters, procurement, contracts, redevelopment, labor and employment, and ethics.  Prior to becoming County Attorney, Mr. Benjamin was in private practice representing and advising small, minority- and women-owned businesses on regulatory and procurement matters on state and local levels.  He also represented insurers and business entities litigation, personal injury and premises liability matters.

Bambi Glenn Ms. Glenn has been an attorney employed by with Baltimore County’s Office of Law since 2008.  She currently serves as the Office of Law’s Chief of Litigation and supervises attorneys handling administrative matters, slip and fall cases and auto torts, as well as complex constitutional, labor and employment and regulatory matters.  Prior to her current role, she was the head of Baltimore County’s Department of Social Services’ Legal Division.