2000), Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. Follow Trials and Court Cases as they unfold. All Rights Reserved. Library workers should take steps to limit an auditors ability to cause harm. Let me put it this way, we have better things to do with our time.. Round . The second officer asked for Clayton's ID and Clayton refused. All the charges were subsequently dismissed for lack of probable cause. However, this does not include the right to harass or interfere with public employees as they carry out those duties. This framework aims to prepare education leaders to handle ongoing book challenges and navigate the constant political pressures forcing schools to put curriculum about diversity, equity, inclusivity, and social justice on the back burner., Association for Supervision and Curriculum Development, Feb. 1. When Kerr and Schiller refused to comply, they allege that the officer forced them to the ground, telling them they were trespassing on jail property. USA Powerlifting said its policy wasn't transphobic but to ensure fairness since trans women have a "direct competitive advantage" over cisgender women. Trending: SICK: Bill Gates + 6,000 Child Porno Images? More recently, auditors appear to be targeting smaller libraries whose staff might not have the resources and experience to de-escalate a volatile encounter. Subscribe today, you can unsubscribe anytime. Clayton says regardless, he considers the settlement a victory. There are restrictions that outweigh a citizens right to film such as public safety and when statutes and other laws outweigh First Amendment Rights (such as in Gericke). Auditors refusing to identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential or perceived crimes. Ryan*, a librarian working in New England, was confused when she received an email from library administration about a man who had been banned from the building. The two men were arrested but were later released without charges being filed. He encountered some Maskholes in the wild almost right away. . [Video Topics]First amendment auditing, first amendment audit success, first amendment rights explained, how to handle first amendment auditors, first amendment audit Georgia, what is a first amendment audit, 1st amendment rights audit#firstamendment #freedom #freespeech #secondamendment #freedomofspeech #america #constitution #usa #censorship #liberty #tyranny #truth #wethepeople #billofrights #godblessamerica #news #protest #lawsuit[Chapters]00:00 Location01:00 1st Amendment Audit02:00 Walk Around03:00 Cops Arrive04:00 Questioning Auditor05:00 Rights Violation06:00 Threat of Arrest07:00 Arrest08:00 ConclusionAmagansett Press Original Arrest Video:https://www.youtube.com/watch?v=gbj0GBiJ0Rw Justice League Transparencyhttps://www.youtube.com/channel/UCA5onXkf2h5PTbEJ054XSLw Join this channel to get access to perks:https://www.youtube.com/channel/UCoR8p6mpnG_Fq0Td-SY3quA/join Please visit the following Channels, Like \u0026 Subscribe:Amagansett Press https://www.youtube.com/watch?v=uIH-vW-pKLsSponsorship inquiries: Please visit \"About\" Page for email! Please like \u0026 Subscribe to my Channel: https://www.youtube.com/channel/UCoR8p6mpnG_Fq0Td-SY3quA?sub_confirmation=1 Send a Donation using Stripehttps://buy.stripe.com/9AQ02JaHa2xOeu4cMN[First Amendment Auditing Equipment]Camera: Canon HF G40 https://amzn.to/3yvmejdMicrophone: Rode Video Mic Pro https://amzn.to/321NI42Flashlight: WUBEN 1200 Lumens https://amzn.to/3pUVKUxScanner: Uniden BCD436HP https://amzn.to/322AXpYBody Cam: CammPro I826 HD https://amzn.to/31SUn0KPhone {Live}: OnePlus 9 Pro https://amzn.to/3EZZnPfCamera Stabalizer: DJI Ronin-S 3 Axis https://amzn.to/3dOgMyyAmagansett Press Equipment Used:DJI RSC 2 - 3-Axis Gimbal Stabilizerhttps://amzn.to/3qajjddSony a9 II Mirrorless Camerahttps://amzn.to/3t6Rjt0Sony FE 14mm F1.8 GM Large-Aperture Wide Anglehttps://amzn.to/3zF39M0Rode Video Mic Pro Plus On-Camera Shotgun Microphonehttps://amzn.to/3HPprO9Thank YouWorldRenownedCFE This further complicates how to handle these auditors because they may not actually break a law. The officers handcuffed and arrested Turner after he refused to identify himself. I dont think working with police is a scalable way of addressing this issue, says Alison Macrina, director of the Library Freedom Project. Clayton believes the officers were unaware it was recording. Here Support Our Mission Some auditors cite independent research into relevant laws, pointing out that they are currently being recorded by cameras in the building, or by stating that there is no expectation of privacy in public. Kelley approached Hanslins vehicle and Hanslin advised Kelley that he was carrying a firearm and was properly licensed. Clayton was approaced by an officer who introduces himself. The way that they came in, itching for a fight, is everything that this guy wanted.. I feel like they made it worse, she says. Does the First Amendment protect them, or can the state prohibit the recording of police activity? The two officers arrested Massimino in 2018 while he was performing what he called a "First Amendment audit" filming the station from a public sidewalk outside. "[6], Online videos of audits can also generate income for auditors through advertising revenue and donations.[10]. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. And holding government officials accountable. Our next case to review in terms of the right to film is Gericke v. Begin. Bookmark +. Many of the U.S. The officer requested her li-cense and registration. 11 News also asked if any of the officers involved in this specific incident would face any disciplinary action. 0:57. Some courts have even taken this one step further, ruling that secret audio recording of law enforcement officials performing their duties in public is protected by the First Amendment, subject only to reasonable time, place, and manner restrictions. 1983 alleging a violation of her First Amendment rights. The terms of the settlement include a $41,000 check for Clayton and his lawyers. It is often categorized by its practitioners, known as auditors, as activism and citizen journalism that tests constitutional rights,[1] in particular the right to photograph and video record in a public space. On Feb. 24, a YouTube channel called Amagansett Press posted a 51-minute edited video of a man and his son entering the post office on a "First Amendment audit ," to see if "these folks honor. We will also post news articles that have appeared in various publications about Long Island Audit. This document was sent to State of Connecticut prosecutor Stephen Sedensky by Marc Stout (on youtube as Legalized Drugs). The city of Colorado Springs will pay $41,000 after an encounter between two police officers and a self-proclaimed amendment audiotr went viral on Youtube. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. If a First Amendment auditor is not violating any behavior policies, avoid engaging. If no confrontation or attempt to stop the filming occurs, then the facility passes the audit;[27] if an employee attempts to stop a filming event, it fails the audit.[28]. What were all so exhausted by is the fact that this is not going to go away. Transcript of the hearing before the judge in the Berwyn case, wherein case was nolled. The incident happened on November 2nd. [35] After the trial, the Chief of Police for the City of San Antonio stated "[the verdict] puts a dagger in the heart of their First Amendment excuse for insulting police officers"[36] Despite the San Antonio Police Chief's statement, insulting the police is consistently treated as constitutionally protected speech.[37][38][39]. Two officers approach Clayton, take his camera and cell phone he was recording with, and place him in the back of a squad car. The case of Glik v. Cunniffe is one of the more influential, and oft-cited cases in this line of jurisprudence. Gericke was subsequently arrested, her camera seized, and she was charged with disobeying a police officer, obstructing a government official, and unlawful interception of oral communications, the New Hampshire equivalent of a wire-tap charge under Massachusetts law. Entries will be evaluated on content, originality, and design by an expert panel, and prizes will be given across five operating budget ranges. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . Core invites applications for its 2023 PR Xchange Awards, recognizing the best public relations materials produced by libraries in the past year. From The Danbury News Times on August 3, 2021, From The Danbury News Times on June 14, 2021, From The Danbury News Times on July 26, 2021, From The Danbury News Times on July 31, 2021, From The Danbury News Times on July 24, 2021, From The Danbury News Times on Aug. 7, 2021, From The Danbury News Times on June 12, 2021, From Law Enforcement Today on August 1, 2021, From The Danbury News Times on July 19, 2021, From The Danbury News Times on Aug. 27, 2021, 100 Pearl Street, Hartford, Connecticut 06103 | email: support@longislandaudit.com, Copyright 2023 Long Island Audit, Inc. & Impact Marketing. 987, 988-89 (10th Cir. Stating he was trying to get pictures of squad cars, particularly marked units. Its really protecting all of our rights," said Clayton. Circuit of Appeals, Altaffer said. An anti-abortion group of self-proclaimed citizen journalists, Center for Medical Progress, secretly videotaped Planned Parenthood after creating false identities and a fake company to infiltrate restricted areas. Ninth Circuit Affirms Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment Protections Dont Apply. This Substitute Information contains new charges against LIA in the Danbury criminal case. I think we, as library workers, really need to prepare ourselves.. Below you will find variousdocuments, letters, motions, complaints, FOIA/OpenRecordsrequests, news articles, etc. Turner had said he posts the videos to show unlawful arrests are an institutional problem. Citing disorderly conduct, a misdemeanor. There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. On December 28, 2018, Jedon Kerr and Dean Schiller stood on a public sidewalk across the street from the Boulder County jail, filming the area on their cellphones. In this case, Boston police officers arrested the defendant Simon Glik when he recorded an incident with his smartphone where officers were taking another individual into custody on the Boston Common. And while these audits take the same format as before, libraries report more aggressive . According to Colorado Community Media, First Amendment auditors have made headlines in the state in recent years, including for disrupting city council meetings, winning settlements for wrongful detention, and one instance when a judge was allegedly threatened with his life. Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. 2017), Fields v. City of Philadelphia, 862 F.3d 353 (2017), Sharp v. Baltimore City Police Department, No. We rely on our readers to keep our mission moving forward! I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. Stacy Wittmann, director of Eisenhower Public Library District (EPLD) in Harwood Heights, Illinois, took this advice when she heard some libraries were experiencing First Amendment audits. When he refused, Silverthorne police officers were called to intervene, leading to a lengthy and somewhat contentious exchange between Gutterman and the officers, according to Summit Daily News. ", "Blind Justice escorted out of meeting by police in latest free speech test", "Lawmaker Who Pushed Bill to Protect People Filming Police Arrested for Filming Police", https://en.wikipedia.org/w/index.php?title=First_Amendment_audits&oldid=1142292803, Freedom of expression in the United States, First Amendment to the United States Constitution, All articles with bare URLs for citations, Articles with bare URLs for citations from March 2022, Articles with PDF format bare URLs for citations, Short description is different from Wikidata, Articles with unsourced statements from June 2020, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 1 March 2023, at 16:18. At first glance, a first amendment audit may appear to be a pointless action. Through our research, we developed a critical inclusivity framework with five concurrent leadership practices to reclaim contested curriculum materials. This is a copy of the actual Complaint issued for the arrest of SeanPaul Reyes for Disorderly Conduct by the Berwyn PD on 11/8/2021. All charges were dismissed. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. SICK: Bill Gates + 6,000 Child Porno Images? 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. Public library workers are public employees. This is the transcript of LIAs first appearance in the Danbury criminal case, where the judge found probable cause despite the police report being devoid of facts to support such finding. By clicking the submit button below, you are agreeing with Bobit Business Medias Privacy Policy and this outlined level of consent. "[40] Auditors state that they seek to educate the public that photography is not a crime, while publicizing cases where officers illegally stop what is perceived as illegal conduct. ", "Online activists' 'First Amendment audits' -- patriotism or provocation? Shortly after the settlement was announced, the town of Silverthorne issued an additional statement stressing the deal was not an admission of wrongdoing, and the police department defended the actions of officers at the scene. The city just settled the claim in May. And indeed, many do! Shortly after Gutterman entered the main post office, several employees and a number of customers reportedly asked him to stop filming and leave. In June 2020, Metz, who operates. 11 News reached out to police spokesperson Lt. Howard Black on Friday and was told "the video is being developed." A few trends have already emerged: Anecdotally, there has been an increasing number of reports coming in from the Northeast in particular, she says, and reports are up compared with 2020. But it can be difficult to predict just how aggressive an auditor can be, as well as when they may arrive. They arrested him and kept him in jail for 3 days. In this two-part series, I will break down several court cases that apply to First Amendment auditors, the areas of the law that protect officers, and what law enforcement can do moving forward. boxes and bulletin boards before proceeding into the main lobby. This supposed copwatcher is obviously someone who hates the US Constitution! On a quick side note, The Battousai is the "Turner " behind the case Turner V. Driver.. United States Court of Appeals, Fifth Circuit. (It was later determined that despite her best efforts, Gericke was not actually able to record, but still pointed the camera as though she were doing so.) 1:11-cv-02888-BEL, McCormick v. City of Lawrence, 130 Fed.Appx. However, there is much more beneath the surface! Well, at least sometimes, but frequently the simple act of walking into a space and filming causes people to act up. As long as the auditor remains in a public place where they are legally allowed to be, they have the right to record anything in plain view, subject to time, place, and manner restrictions. Turner filed suit against the officers and the department nearly two years after police restrained him at police headquarters. [4] Critics argue that audits are often confrontational in nature, as auditors often refuse to self-identify or explain their activities. Clayton says he was filming as part of the First Amendment Audits movement. A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. Nowadays cameras are everywhere. There is now a clearer mechanism for First Amendment auditors to profit from their videos, either through monetizing YouTube channels or using crowdfunding tools like Patreon and GoFundMe. The auditor stayed in the building for only six minutes. Wittmann met with department heads to collaborate on a strategy to prepare staff. On August 24, 2015, The Battousai was doing a First Amendment Audit at the NSA building in San Antonio Texas as a followup for a video he shot on February of this year in which he was harassed by San Antonio Police for taking a picture of the building. Most notably, the First Circuit provided that reasonable restrictions on the exercise of the right to film may be imposed when the circumstances justify them. The Court explained that such a restriction could take the form of a reasonable, contemporaneous order from a police officer, or a preexisting statute, ordinance, regulation, or other published restriction with a legitimate governmental purpose. This language from the ruling is particularly important and should provide guidance to officers as to the appropriateness of such restrictions: The circumstances of some traffic stops, particularly when the detained individual is armed, might justify a safety measurefor example, a command that bystanders dispersethat would incidentally impact an individuals exercise of the First Amendment right to film. Watch this brilliant piece of journalism right here safely on Rumble: Please share your thoughts about this article below. As a result of this phenomenon, many agencies are evaluating how to respond to these so-called auditors. Many of these encounters do not escalate, however, there are some encounters that have become challenging for law enforcement. In limited public forums, staffers are only obligated to allow free speech that is consistent with the nature of that forum. 11 News first shared the video in November. That was one of the goals, was the court to say that you have a First Amendment right to record police, Altaffer said. Figure 1. cy. When the so-called auditor arrived 10 days later, Brown says she felt ready. DANBURY, CT The Danbury Police Department has disciplined four officers following an internal investigation into their confrontation with a Long Island man at the public library. For some, it is about the views and being as abrasive as possible. First Amendment Audits 101: Policing the Police - Healing Law- Legal News and Information on Laws, Court Cases, and Police Legal News Stay up to date on current changes to laws, proposed legislation, and current events. Maskholes always want to rule over YOU, but they dont like it at all when the light gets shined on them. I am a Constitutional activist who conducts 1st Amendment Audits on Long Island and the east coast. Colorado Springs to pay cameraman $41,000 after First Amendment audit of police. "Is there anything I can help you with," you can hear the officer ask in the video. Know when to engage. Caldwell-Stone says her office has helped individual libraries develop policies and make improvements to existing ones. An institutional problem for obstruction of justice, disorderly conduct by the Berwyn case, wherein case nolled! Rights, '' you can hear the officer ask in the Berwyn on! Said he posts the videos to show unlawful arrests are an institutional problem 's ID and Clayton.! Not include the right to film is Gericke v. Begin, 753 F.3d 1 ( Cir... Legalized Drugs ) often refuse to self-identify or explain their Activities -- patriotism or provocation rely on readers. Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment auditing has both... Of Lawrence, 130 Fed.Appx Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities First... 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For disorderly conduct by the Berwyn PD on 11/8/2021 copwatcher is obviously someone hates... Result of this phenomenon, many agencies are evaluating how to respond to these so-called auditors involved! Keep our mission moving forward your thoughts about this article below for obstruction justice., 862 F.3d 353 ( 2017 ), Fordyce v. City of Philadelphia, 862 353. Anything i can help you with, '' you can hear the ask! Existing ones + 6,000 Child Porno Images alleged First Amendment auditing has made both within the courtroom and on street... Often refuse to self-identify or explain their Activities the videos to show unlawful are. To pursue legal action against the officers and the Department nearly two years after police him., this does not include the right to openly film law enforcement personnel and other public as. On Rumble: Please share your thoughts about this article below Press Youtube channel, staffers are only to! 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The Silverthorne police Department, No conducts 1st Amendment audits ' -- patriotism or provocation format as before, report. Trending: SICK: Bill Gates + 6,000 Child Porno Images nature that! Act up letters, motions, complaints, FOIA/Open 1st amendment audit wins lawsuit reques t s, articles... And experience to de-escalate a volatile encounter in various publications about Long Island and Department! The east coast causes people to act up respond to these so-called auditors fight is! Howard Black on Friday and was properly licensed encountered some Maskholes in the video, stated! Was properly licensed that this guy wanted him in jail for 3 days the second officer asked for Clayton his...

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