LAND O' LAKES, Fla. — A federal appeals court has ruled in favor of the Pasco County Tax Collector's Office in a lawsuit brought by a self-described First Amendment auditor who challenged the agency's policy restricting video recording inside its offices.
The decision by the 11th U.S. Circuit Court of Appeals stems from a 2023 incident at the Pasco Tax Collector's Office in Dade City involving Lana Patrick, a Jacksonville-area YouTuber who records videos of interactions inside government buildings and posts them online for her more than 130,000 subscribers.
WATCH: Federal appeals court sides with Pasco tax collector in 1st Amendment auditor case
Patrick was trespassed from the office after refusing to stop recording and later sued, claiming the policy violated her First Amendment rights.
The appeals court upheld a lower court's ruling in favor of the tax collector's office, finding that the recording policy is a reasonable, viewpoint-neutral restriction designed to protect sensitive personal information and to allow employees to serve customers without disruption.
"The court acknowledged Americans generally have a First Amendment right to record matters of public interest," said Tampa attorney and media law expert David Snyder, who reviewed the ruling. "But that right is not absolute."
Pasco Tax Collector Mike Fasano said privacy concerns prompted the office to adopt the policy after several encounters with auditors and others recording inside tax collector facilities.
"We have a lot of people who come in with personal information," Fasano said. "Birth certificates, driver's licenses, social security cards."
The court agreed that protecting confidential documents and conversations is a legitimate government interest.
Judges noted that the tax collector's offices are not traditional public forums such as parks or sidewalks. Instead, they fall into a category known as a limited public forum, where government agencies may impose reasonable restrictions as long as they are applied equally, regardless of viewpoint.
Snyder said the distinction is important.
"A public sidewalk is different from a government office where employees are serving customers and handling private information," he said. "As long as those restrictions are not based on the content, the restrictions are generally permitted under the First Amendment."
The ruling could have implications beyond Pasco County. The 11th Circuit includes Florida, Georgia and Alabama, and the decision may serve as guidance for other government agencies facing similar challenges.
Fasano said the lawsuit took about two years to resolve and cost taxpayers approximately $16,000 in legal fees.
"They want the First Amendment, but they don't care about how they are wasting and forcing governments to spend tens of thousands of dollars to protect people's personal information," Fasano said.
Patrick and other First Amendment auditors argue that recording inside government facilities promotes transparency and helps hold public officials accountable. In previous interviews, Patrick has described the camera as "an unbiased witness" and said auditors serve as a check on government actions.
Snyder said there is value in citizens monitoring government activity, even as courts continue to define the limits of where and how that can be done.
"I think there's a legitimate purpose for these so-called auditors to be monitoring government," Snyder said. "I think they often serve a very useful purpose."
The appeals court's decision provides one of the clearest recent examples of how courts are balancing First Amendment rights with privacy concerns and the practical operation of government offices.
Patrick has been involved in several lawsuits stemming from similar encounters at government facilities across Florida and Georgia. Court records show she has filed multiple federal civil rights cases after being trespassed, detained or arrested while recording inside or around public buildings.
The 11th Circuit's opinion noted Patrick has repeatedly challenged such restrictions in court following encounters with government employees and law enforcement.
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