I realized that contact with police was possible, but thats not what I was anticipating.. 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. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. Applications are due by April 15. And while these audits take the same format as before, libraries report more aggressive . 2014), ACLU v. Alvarez, 679 F.3d 583 (7th Cir. Watch this brilliant piece of journalism right here safely on Rumble: Please share your thoughts about this article below. 0:57. [33][34], Some auditors yell insults, derogatory language, and vulgarities at police officers who attempt to stop them from recording or improperly demand identification. When she asked a colleague what had happened, she learned there had been a "First Amendment audit.". Just this week, a local family filed a lawsuit in an unrelated incident after they were held at gunpoint during a drug raid which the police claim was a mistake and others claim was retaliation . The officer asked Clayton if he had a name, Clayton said he did, but he didn't want to share it at the moment. As always, staff training and consultation with your state library or legal counsel are important parts of this process. This is a copy of the Internal Affairs complaint filed by LIA after being illegally trespassed from City Hall in New Rochelle, NY. Its no secret, now more than ever the Rights of the People are being squandered by the government. When she asked a colleague what had happened, she learned there had been a First Amendment audit., My heart sank, Ryan says. "It applies in times of tranquility and times of strife." The Wisconsin Institute for Liberty and Law filed the lawsuit against Marquette County Sheriff Joseph Konrath and a patrol sergeant. He didnt get a rise out of anybody, so he was kind of deflated and left. Hunters Business Partner In Ukraine Also Partnered With Ghislaine Maxwell, JUST IN: Multiple Explosions & Fire at Metal Fabricator Plant in Ohio, Hazmat Specialist Called. Black said an internal review is "in progress.". "[31][32] The legality of the auditors' actions beyond mere filming are frequently subject to debate. 2012), Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. Circuit Courts of Appeal have ruled, and the U.S. Department of Justice has taken the position, that citizens have a First Amendment right to film police performing their duties in public. The below tips are adapted from the ALA Office for Intellectual Freedom (OIF) blog post Auditing the First Amendment at Your Public Library by OIF Director Deborah Caldwell-Stone. "To be sure, officers may always request someone's identification. When the court did that, he felt that accomplished one of his objectives.. Ninth Circuit Affirms Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment Protections Dont Apply. "That's why I'm contacting you, does that make sense?". or other government facility or publicly owned space. Updated: November 7, 2022. 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. A videographer who sued the city and several police officers after being restrained outside of Round Rock police headquarters has received a settlement related to the lawsuit. Informing members of the public about their rights. Nowadays cameras are everywhere. When the so-called auditor arrived 10 days later, Brown says she felt ready. The Texas Municipal League Intergovernmental Risk Pool, which handles liability and special risks coverages for local governments, provided the $6,500 settlement to Turner following negotiations between Altaffer and Mike Thompson, an attorney retained by the TML. She notes that adapting OIFs blog post into a set of guidelines is on the Intellectual Freedom Committees agenda. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. Turner filed suit against the officers and the department nearly two years after police restrained him at police headquarters. 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. The group released the project "Human Capital" in 2015, which includes various documentary-like videos accusing Planned Parenthood clinics in California of selling aborted fetal tissue. Understand the librarys role as a limited public forum. Simply put, an individual armed with a camera will simply walk into a public space, and start recording. 1983 alleging a violation of her First Amendment rights. Here Trials and Court Cases Follow Trials and Court Cases as they unfold. Due to mounting political pressures, harassment, and even death threats, some teachers and administrators have had to recalibrate their curriculum plans and determine if such texts will be viewed as unpatriotic, anti-police, pornographic, or anti-white. "My heart sank," Ryan says. 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. As simple as walking into a public space with a camera and recording may seem, it truly has an impact. As long as people arent violating our behavior policy, they have the right to photograph and record within the library. Though EPLD has not experienced an audit, Wittmann says she feels reasonably ready for an encounter. The $4 million lawsuit rendered a verdict in favor of Flanagan, but the jury deemed she was entitled to just $15,000 in compensatory damages. A First Amendment audits severity and virality appear to hinge on the response to the auditor, whether by library staff, security, or police. Oh and freedom to not have your FACE covered 24/7! This supposed copwatcher is obviously someone who hates the US Constitution! They arrested him and kept him in jail for 3 days. Circuit of Appeals, Altaffer said. 2. Gericke refused to tell him. What were missing is the plan of action.. 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. Chief Minor noted that elevating the case to the federal level would likely have been much costlier than the $9,500 eventually paid to Gutterman in the final settlement, though Minor confessed officers would have approached the situation differently given a second chance. The public-facing departments did go over all our policies with their staff, she says. Still, Ryan says these interactions remain a consistent part of her workday. Denver's Police Department has agreed to a $50,000 settlement with Colorado Independent Editor Susan Greene, whose First Amendment rights officers violated when they wrongfully handcuffed and . Shortly after Gutterman entered the main post office, several employees and a number of customers reportedly asked him to stop filming and leave. So, what is the point of a 1st amendment audit? At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. . Additionally, every time the so-called auditor updates his YouTube channel, the calls and comments begin again. boxes and bulletin boards before proceeding into the main lobby. 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. Trending: SICK: Bill Gates + 6,000 Child Porno Images? Republicans in Florida County Pass Resolution to BAN COVID-19 Jab. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. Caldwell-Stone says her office has helped individual libraries develop policies and make improvements to existing ones. 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. This further complicates how to handle these auditors because they may not actually break a law. While he may not be a legal expert, he has audited many 1st amendment audits and other police interactions on his channel. Such an order, even when directed at a person who is filming, may be appropriate for legitimate safety reasons. By 2019, more than 81% of Americans owned a smartphone, as compared to 35% in 2011. Label all private spaces. However, there is much more beneath the surface! [17][18] For example, a document sponsored by the International Association of Chiefs of Police states that the use of a recording device alone is not grounds for arrest, unless other laws are violated. A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. Clayton was detained and feels the act was unlawful. 987, 988-89 (10th Cir. Updates and exclusive content straight to your email inbox. Glik v. Cunniffe, 655 F.3d 78 (1st Cir. This is the actual lawsuit filed in United States District Court in Connecticut on September 17, 2021 for the civil rights violations at the Danbury Public Library. Warning..do NOT, I repeat do NOT, be a MASKHOLE. Desmet has an . He is a legal advisor for police agencies across the country and member of the POLICE Advisory Board. We have seen a greater number [of First Amendment audits in 2021], and there could be many reasons for it, says Deborah Caldwell-Stone, director of OIF. Circuit Courts of Appeal as well as the U.S. Department of Justice have ruled that citizens have the First Amendment right to film police performing their duties in public (such as in Glik). I wasnt looking for trouble. As is commonly done by First Amendment auditors, Kerr and Schiller posted the incident on their YouTube channels. That includes capturing and using peoples faces and confirmations, without their expressed consent. "When people take pictures of government buildings, in particular, a police department, it does cause some concerns," you can hear an officer stating to Clayton in the video. 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. The officer requested her li-cense and registration. Remote Island Tribe That Believed Prince Phillip Was God Has Lin Wood Live From Tulsa: "There's Your Q!". 16-10312 (5th Cir. Officer Ken . [10] Police will sometimes charge auditors with disorderly conduct when they engage in behavior that could be considered unlawful. She also encourages library workers to revisit their behavior and social media policies and any rules concerning photography. In other words, library behavior and privacy policies can often supersede an individuals right to film or photograph the space. Terrorism experts say they may be dangerous", "Documents Show 100 Officers From 28 Law Enforcement Agencies Accessed A Photographer's Records", "Alabama Cop Snatches Camera from Man Recording Police Station", "The Insane New Path to YouTube Fame: Taunt Cops and Film It", "Viral video of Ohio police causes outrage, crashes phone line", "Man Recording Police Files Complaint After Officer Draws Gun", "YouTube personality 'Furry Potato' shot and wounded outside L.A. synagogue", "How a team of YouTubers went to war with a Texas police chief", "See Boulder Jail Cops Bust Men for Taking Video on Public Sidewalk", "You're on camera: How police should respond to a 'First Amendment audit', "Filming in Public: How should the police respond to UK Auditors? The officers handcuffed and arrested Turner after he refused to identify himself. Sometimes the words can be used interchangeably. [5][6] Some auditors have also been known to enter public buildings asserting that they have a legal right to openly carry firearms, leading to accusations that auditors are engaged in intimidation, terrorism, and the sovereign citizen movement. The First Circuit Court of Appeals ruled that a citizens right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment.. At first glance, a first amendment audit may appear to be a pointless action. Your California Privacy Rights/Privacy Policy. "[6], Online videos of audits can also generate income for auditors through advertising revenue and donations.[10]. The caution came after an encounter at a nearby library resulted in a viral video. I feel very cynical about it, says Macrina. [19], The practice is predominantly an American concept, but it has also been seen in other countries including the United Kingdom,[20][21] Canada, India[citation needed], and Russia. 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. Summit Daily News reported that lawyers from both sides met shortly after the incident to agree on a settlement. The second officer continued to request Clayton's ID, adding, quote, "I'm asking you for an ID or we're going detain you to get it.". The officer said he would be happy to give him all the information when they were done talking. "[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. Public library workers are public employees. Auditing can be controversial due to the confrontational tactics of some auditors, which has been criticized as intimidation or harassment. Ive already seen a tremendous change in the way that the officers act towards the people recording them, specifically me, when I go and film.. And while the format of these audits is familiar, libraries are reporting more aggressive, targeted, and organized operations than in years past. 2009). Other courts across the country have determined that citizens have a First Amendment right to record law enforcement personnel performing their duties in in public. Clayton believes the officers were unaware it was recording. Auditing will likely always be rough around the edges because it involves boots-on-the-ground activism, and the movements funnel to change generally starts with a negative police encounter., However, the effectiveness of auditing, both as a social movement and within the courtroom, should not be understated, as it has significantly contributed to the national realization that our current policing system is dysfunctional.. In the months since the First Amendment audit, Ryans library has continued to receive phone calls and one-star Google reviews from people outside of her community. 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. But given the circumstances wed do it differently. If I schedule something [on Facebook], and it posts, and I forget to go in and turn off commenting, they jump right on that, she says. Glik was charged with violating the wiretap statute, disturbing the peace, and aiding in the escape of a prison-er. Soon after, a second officer can be seen approaching Clayton. Libraries have been experiencing First Amendment audits for several years, but there has been an uptick in reported cases in 2021, according to the American Library Associations (ALA) Office for Intellectual Freedom (OIF). Pittsylvania County et al kicked off Tuesday morning in U.S. District Court for the Western District of Virginia under the Honorable Thomas T. Cullen. To begin lets define First Amendment audits and begin discussing First Amendment implications such as the right to film in public spaces and reasonable restrictions on the right to film. "The First Amendment is not a game setting for the government to toggle off and on," the judge wrote. 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. By clicking the submit button below, you are agreeing with Bobit Business Medias Privacy Policy and this outlined level of consent. 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]. Feel free to improve the article, but do not remove this notice before the discussion is closed and do not, %5B%5BWikipedia%3AArticles+for+deletion%2FFirst+Amendment+audits%5D%5D, International Association of Chiefs of Police, U.S. Court of Appeals for the 5th Circuit, Auditing Britain photography is not a crime (PINAC), "Photographers - What To Do If You Are Stopped Or Detained For Taking Photographs", "First Amendment Audits and How to Respond California Association of Labor Relations Officers", "First Amendment videotaped audit of police leads to investigation", "Courting arrest for online clicks and the First Amendment - ExpressNews.com", "What is 'auditing,' and why did a YouTuber get shot for doing it? She had learned about these encounters in 2020 . Free Speech Today is a periodic newsletter highlighting the Free Speech Projects work and other analysis of First Amendment issues. In defending his actions, Gutterman referenced the United States Postal Services Poster 7, entitled Rules and Regulations Governing Conduct on Postal Service Property. With respect to photography and videography, the poster reads, photographs for news purposes may be taken in entrances, lobbies, foyers, corridors, or auditoriums when used for public meetings except where prohibited by official signs or Security Force personnel or other authorized personnel or a federal court order or rule. Clayton says he was filming as part of the First Amendment Audits movement. 11 News reached out to police spokesperson Lt. Howard Black on Friday and was told "the video is being developed." "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. If staffers do not give them that opportunity, auditors are more likely to leave without incident. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. Likewise, other courts across the country have determined that there may be restrictions placed upon a citizens right to record under certain circumstances, such as in situations during traffic stops, sobriety checkpoints, and at times on public properties. Is this someone who supports the US Constitution? At the request of the Postal Service employees and based on the best information available to them at the time, the Silverthorne police officers asked the videographer to leave the premises, Silverthorne Police Chief John Minor said in a statement. Written policies can help staff members regulate behavior in a manner that respects every persons right to privacy and safety. This Substitute Information contains new charges against LIA in the Danbury criminal case. These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. The police were called shortly after the auditors arrival at the building. By the end of the video, the auditor re-enters the facility with the police officers, conducts his audit, and leaves. Clayton was filming marked police cars outside the department's Falcon Division and in the secure parking lot. Most auditors enter these situations with a goal of getting a rise out of employees. Some auditors will purposefully engage in argumentative, harassing or outright aggressive behavior in order to solicit a reaction from government employees, especially law enforcement. Whats still uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more libraries were open. Many of the U.S. She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. They call themselves "First Amendment auditors" but police say they're just a pain. It also pr Continue Reading Paul Harding Deputy Sheriff since 2000, Flight Instructor Author has 4.6K answers and 60.5M answer views 2 y Related Libraries have been experiencing First Amendment audits for several years, but there has been an uptick in reported cases during the first eight months of 2021, according to the American Library Association's (ALA) Office for Intellectual Freedom (OIF). The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs' stations, and other locations. And with all things, the results speak for themselves, and time and time again, audits have proven to be valuable in police reform. [25][26], An auditor selects a public facility and then films the entire encounter with staff and customers alike. We are striving for real transparency and accountability from public officials. We want YOU the viewer to be kept up to date on everything that LIA is doing and to betotally transparentregarding his activities. Official Court transcript of hearing in disorderly conduct case. The Underground Auditor won his case today in court! To learn more I reached out to investigative journalist and creator of the Audit the Audit Youtube channel, John Lang to get his opinions on first amendment audits. 11 News also asked if any of the officers involved in this specific incident would face any disciplinary action. USA Powerlifting said its policy wasn't transphobic but to ensure fairness since trans women have a "direct competitive advantage" over cisgender women. We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. Both Gericke and Hanslin pulled over and Sergeant Kelley parked his cruiser between the two. For example: In a recent first amendment audit (video below) by Amagansett Press, the interaction begins with the 1st amendment auditor being asked to leave a public facility for not wearing a mask. Some officers will approach the auditors and request his or her identification and an explanation of their conduct. [7][8][9], Auditors tend to film or photograph government buildings, equipment, access control points and sensitive areas, as well as recording law enforcement or military personnel present. . Next month, Ill discuss strategies that law enforcement can use when encountering First Amendment auditors. 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. 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. All the charges were subsequently dismissed for lack of probable cause. And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. A videographer who sued the city and several police officers after being restrained outside of Round Rock police headquarters has received a settlement related to the lawsuit. Jennifer Brown, executive director of The Field Library in Peekskill, New York, used OIFs blog post to prepare herself and her staff after receiving a warning from her towns police department to plan for a potential audit. It doesnt make for an interesting video if nobody stops you or tries to argue with you over your right to video.. Jason Gutterman, amagansett press files a lawsuit against BCSO and Lynn Police Departments in Florida for unlawful arrest and violation of 1st and many more amendments of the constitution. This is the Motion to Dismiss filed in Waterbury Superior Court to dismiss the trespass charge. What were all so exhausted by is the fact that this is not going to go away. Thank you! This is the IA investigation report issued by Captain Ceruti of the Ct State Police. Such tactics often lead to a physical altercation or arrest, which can increase the popularity of a video and in turn generate more income for the auditor. President Trump Shares HUGE Win For Election Integrity! This is Motion for Return of Seized Property in the Danbury Superior Court criminal case for criminal trespass 1st degree and breach of peace at Danbury City Hall. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. While staffers are not featured in the viral video, the library has been the target of harassment through Facebook, Google reviews, and phone calls. 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 . Our next case to review in terms of the right to film is Gericke v. Begin. For others, their aim is to actually make a difference, protect our rights, enforce the Constitution. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. He acted as his own attorney and won the case! Library workers should take steps to limit an auditors ability to cause harm. I was anticipating, without their expressed consent Rumble: Please share your thoughts about this article below lawyers. Internal Affairs complaint filed by LIA after being illegally trespassed from City Hall in Rochelle! 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