You're right. Police and government officials routinely describe First Amendment auditors as attempting to bait law enforcement and public servants, intentiona

You're right. Police and government officials routinely describe First Amendment auditors as attempting to bait law enforcement and public servants, intentionally provoking them into violating their rights. But baiting is when you entice a person to do something wrong by offering them some kind of incentive. And it has to be something they wouldn't otherwise do unless incentivized. Thus, you can't "bait" a law enforcement officer by simply engaging in constitutionally protected conduct, unless the argument from police is that officers just can't restrain themselves from violating people's civil rights when those rights are exercised. In fact, in one of Reyes's encounters with the NYPD that led to an unlawful arrest, one of the officers told him afterward, "You wanted this to happen," and Reyes responded, incredulously, "I wanted you to violate my rights and take away my freedom?" No, he wanted to be able to go about his business without being arrested -- which he was later able to do after this court ruling went into effect.