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When Does Public Filming Cross the Line? Understanding First Amendment Auditors in Maryland

Close-up of the First Amendment text in a legal document, symbolizing constitutional rights and public filming laws in Maryland.Close-up of the First Amendment text in a legal document, symbolizing constitutional rights and public filming laws in Maryland.

On October 25, 2025, three men wearing masks and sunglasses were seen recording people outside the post office on North Juniata Street in Havre de Grace. Their presence attracted immediate attention from nearby residents, many of whom contacted police out of concern. Havre de Grace Police Chief Jonathan Krass confirmed the department received numerous calls, noting that the situation “puts people on edge a little bit.”

According to Krass, the men described themselves as First Amendment auditors, individuals who record in public spaces to monitor how citizens and government employees respond to being filmed. “They want to make sure the government does not infringe upon their First Amendment right to be in public and film,” he said.

The men later posted edited footage of their interactions to their YouTube channel, Public Rights Patrol MD. Speaking to The Aegis, the page owner said the goal is to “show others that a camera isn’t your enemy,” adding that “unless you’re committing a crime, or doing something you shouldn’t, you really shouldn’t care about being recorded.” He emphasized his belief that constitutional rights must be exercised regularly: “If we don’t use them, we lose them.”

Community Reactions and Escalating Encounters

Video of the post office recordings shows a wide range of reactions. Some passersby asked questions, while others voiced frustration, made obscene gestures, or began filming the auditors in return. One man confronted the group directly, telling them, “All you’re doing is making people uncomfortable.”

Krass noted that these encounters are not new for local government employees, who have dealt with similar auditors in the past.

Just days later, one of the auditors appeared at the Havre de Grace Library. A mother who asked to remain anonymous reported that her teenage daughter and her friends were followed and recorded inside the building. The teens said the man refused to give his name and continued filming even after they entered the library’s teen room. The daughter described feeling “scared” and “uncomfortable.”

The auditor later wrote that the teens were “making open threats and lashing out” at him, claiming he continued recording for his own protection. He also said he does not post footage of minors and confirmed that no video from the library incident would be uploaded.

Police opened an investigation into the encounter, and the teen’s mother said she is considering filing harassment charges.

Expectation of Privacy: What the Law Says

A central question raised by these incidents is whether people in public places, like a post office or a library entrance, have a legal right not to be recorded.

Criminal defense attorney Tom Maronick, who has no involvement in the case, told The Baltimore Sun that the answer depends on the legal concept of expectation of privacy.

What Is “Expectation of Privacy”?

Under Maryland law and U.S. constitutional principles, a person has an expectation of privacy only in places where a reasonable person would believe they are not open to public view, such as inside a home, a restroom, a changing room, a private office, or other restricted-access locations.

In contrast, public spaces generally carry no reasonable expectation of privacy. Anyone can be photographed or recorded in areas open to the public, including:

  • sidewalks
  • streets
  • building entrances
  • post offices
  • parks
  • government lobbies

Because the post office sidewalk is a public-facing area, Maronick said the auditors were within their First Amendment rights there “since the recording was not surreptitious and there is no expectation of privacy in front of the post office.”

But What About Inside the Library?

Maronick explained that the library situation is more complicated. Although libraries are public buildings, there may be an argument that certain designated areas, particularly teen rooms or children’s areas, carry a heightened expectation of privacy, especially when minors are involved.

He noted that persistent recording of someone who has declined interaction can cross into legally questionable territory.

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When Filming Becomes Harassment Under Maryland Law

While recording in public is generally lawful, Maryland also has statutes that prohibit harassment, which can apply even in public spaces depending on behavior.

Under Maryland’s Harassment Law (Criminal Law § 3-803), a person may commit harassment if they:

  • follow someone in a public place,
  • repeatedly approach or contact them after being asked to stop, or
  • engage in conduct intended to alarm, annoy, or harass another person
  • and do so without a lawful purpose.

Penalties for Harassment in Maryland

Harassment is a misdemeanor, punishable by:

  • up to 90 days in jail,
  • up to $500 in fines, or both.

Penalties increase for repeat offenses, including up to 180 days in jail and a $1,000 fine.

In the library incident, Maronick stated that “persistent filming after being told no, especially involving minors, could veer into harassment.” He added that a parent could reasonably argue that a children’s or teen room is treated differently under the law.

Ongoing Tension in the Community

The city of Havre de Grace issued a statement supporting “the lawful exercise of the First Amendment.” However, Chief Krass advised residents to stay calm and avoid engaging with the auditors, saying that doing so tends to escalate situations.

For the mother of the teen recorded inside the library, the problem goes beyond free speech. “Freedom of speech has never meant freedom from consequences,” she said.

The auditor, however, maintains the opposite view, writing online that anyone who objects to being filmed “shouldn’t go outside,” adding, “If you don’t want to be recorded, you should do what I do and cover your face to conceal your identity.”

As the investigation continues, the incidents in Havre de Grace highlight a larger national debate about personal privacy, public recording, and where the boundary lies between constitutional rights and harassment.

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If a public filming incident has escalated into accusations, harassment concerns, or police involvement, you shouldn’t try to navigate the situation alone. Maronick Law defends Maryland residents facing criminal allegations, constitutional issues, and disputes involving First Amendment rights. Call our office today at 443-351-6657 or fill out our online contact form for a confidential consultation.

Our criminal defense team is ready to protect your rights and help you move forward with clarity and confidence. We represent clients throughout Maryland, including Bel Air, Havre de Grace, Edgewood, and Aberdeen.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.