Informing members of the public about their rights. 11 News also asked if any of the officers involved in this specific incident would face any disciplinary action. We are striving for real transparency and accountability from public officials. [25][26], An auditor selects a public facility and then films the entire encounter with staff and customers alike. Warning..do NOT, I repeat do NOT, be a MASKHOLE. Libraries should clearly identify all nonpublic spaces inside the building, such as bathrooms, offices, break rooms, work areas, and reservable private study spaces. He acted as his own attorney and won the case! This is a copy of the Internal Affairs complaint filed by LIA after being illegally trespassed from City Hall in New Rochelle, NY. Clayton was detained and feels the act was unlawful. When the so-called auditor arrived 10 days later, Brown says she felt ready. That includes capturing and using peoples faces and confirmations, without their expressed consent. The major points from this article are the following: 1. I feel very cynical about it, says Macrina. 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? Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Email address: freespeechproject@georgetown.edu, Electronic and Information Technology Accessibility. Library workers should take steps to limit an auditors ability to cause harm. She notes that adapting OIFs blog post into a set of guidelines is on the Intellectual Freedom Committees agenda. 0:57. According to their complaint, a Boulder Deputy Sheriffs officer approached them and demanded identification. Wittmann met with department heads to collaborate on a strategy to prepare staff. 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. First Amendment audits. Auditors refusing to identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential or perceived crimes. On Feb. 24, 2020, a YouTube channel called Amagansett Press posted a 51-minute video of a man and his son entering the post office on a First Amendment audit to test their right to take video and photographs in public and from publicly accessible places. After police asked the man filming inside the post office to desist and leave the premises, the man threatened legal action, and the town of Silverthorne, Colorado, eventually agreed to pay a $9,500 settlement, as per Summit Daily News, a local newspaper serving Summit County, Colorado. We knew what to expect, what this guy would try to do, what the policies from ALA are, and what our own policies were, she says. Tunnels and Jail Cells Under DCNow EXPOSED! 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. Is this someone who supports the US Constitution? Attorney General Garland Announces Protections for Journalists, News Gathering. Such an order, even when directed at a person who is filming, may be appropriate for legitimate safety reasons. The case of Glik v. Cunniffe is one of the more influential, and oft-cited cases in this line of jurisprudence. Police Hour", "YouTuber gets police payout after stop and search for filming police station", https://ya62.ru/news/society/bloger_mrrissso_snyal_provokatsionnoe_video_s_ryazanskimi_gaishnikami/, "Earl David Worden: Another Case of Videographers vs. the Police", "GPD sergeant indicted in videographer's arrest", "It didn't have to be this way - The Wetumpka Herald", "Online group gives Foxboro Police Dept. Written policies can help staff members regulate behavior in a manner that respects every persons right to privacy and safety. This is the IA investigation report issued by Captain Ceruti of the Ct State Police. Should be paid 3 million in my opinion. The public-facing departments did go over all our policies with their staff, she says. Clayton was filming marked police cars outside the department's Falcon Division and in the secure parking lot. She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. 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 as these cases see a resurgence, library staffers are split on whether they feel preparedfor the audits themselves or their aftermath. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. Glik then filed suit under 42 U.S.C. 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). Zelensky Exposed (Literally): This Is The Guy We Are Sending Billions To? Motion to Dismiss in Berwyn, Illinois case. This letter and memorandum were sent to CT States Attorney Stephen Sedensky by Marc Stout (on youtube as Legalized Drugs) to try to help the State of CT convict Long Island Audit. 987, 988-89 (10th Cir. 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]. If staffers do not give them that opportunity, auditors are more likely to leave without incident. 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. Updates and exclusive content straight to your email inbox. Please VISIT my social media accounts: I strongly believe in exercising our First Amendment rights in a respectful manner. USA Powerlifting said its policy wasn't transphobic but to ensure fairness since trans women have a "direct competitive advantage" over cisgender women. "[31][32] The legality of the auditors' actions beyond mere filming are frequently subject to debate. A project of Arthur L. Carter Journalism Institute, New York University. Republicans in Florida County Pass Resolution to BAN COVID-19 Jab. The lawsuit alleges that the city and county of Boulder have an informal custom of condoning unlawful arrests, retaliation, and excessive force by its officers that is based solely on the exercise of First Amendment rights.. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. For example, in this specific 1st amendment audit by the Rowdy Podcast YouTube Channel results in the auditor having one officer give another a breathalyzer. 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.. She also encourages library workers to revisit their behavior and social media policies and any rules concerning photography. The right to publish or broadcast an audio or audiovisual recording would be insecure, or largely ineffective, if the antecedent act of making the recording is wholly unprotected. As is the case in many courthouses, a library can regulate photography or filming inside the building even if the facility is open to the public. George Metz, among a growing number of First Amendment auditors who push tolerance limits of public officials, filed the civil lawsuit in U.S. District Court. We want YOU the viewer to be kept up to date on everything that LIA is doing and to betotally transparentregarding his activities. The rights exercised in a typical audit are freedom of speech and freedom of the press in the First Amendment, freedom from unreasonable searches and seizures in the Fourth Amendment, and the right to remain silent in the Fifth Amendment of the United States Constitution. I wasnt looking for trouble. In a decision handed down last week, the U.S. Court of Appeals for the 4th Circuit agreed that Wingate's rights were violated. 2012), Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. Hostile messages have been posted on their childrens storytime videos as well, she says. Understand the librarys role as a limited public forum. The video later cuts back to his camera recording audio of the officers talking. 852, 853 (4th Cir. 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. "My heart sank," Ryan says. 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. While he may not be a legal expert, he has audited many 1st amendment audits and other police interactions on his channel. On March 24, 2010, at approximately 11:30 p.m. in Weare, NH, the defendant, Carla Gericke, was following Tyler Hanslin in her car. Here Support Our Mission Phone Number: 210-207-7420. [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. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. This document was sent to State of Connecticut prosecutor Stephen Sedensky by Marc Stout (on youtube as Legalized Drugs). 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. Staffers should be familiar with these policies to mitigate behavioral violations that may occur during an audit. We may receive compensation from affiliate partners for some links on this site. 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. Again, Gericke refused. 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. One auditor stated that the goal of an audit is to "put yourself in places where you know chances are the cops are going to be called. 16-10312 (5th Cir. [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 If you would like to support us go here. U.S. Attorney General Merrick B. Garland announced Oct. 26 a revised news media policy that bars the Department of Justice from using subpoenas or other legal processes against journalists to obtain information theyve retrieved while news gathering. In other words, library behavior and privacy policies can often supersede an individuals right to film or photograph the space. 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. If a First Amendment auditor is not violating any behavior policies, avoid engaging. We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. Citing disorderly conduct, a misdemeanor. Teacher and Citizen Guides: Recording Video and Audio of Police Officers. Caldwell-Stone advises that staff refrain from intervening unless an auditor is violating behavior policies or harassing staff members or patrons. Well, at least sometimes, but frequently the simple act of walking into a space and filming causes people to act up. The internet is forever, and any time this guy decides to post an update, its going to refresh the vitriol, Ryan says. Anytime we leave an opening, they find it.. Know your rights and responsibilities. One thing is for certain, first amendment audits are not going away. Whether you realize it or not you have probably seen a first amendment audit video before. 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. Colorado Community Media April 12, 2019: The "Arizona Auditor" Your California Privacy Rights/Privacy Policy. Free Speech at the Crossroads: International Dialogues, Last updated December 16, 2020 9:34pm EST. Our attorney affirmed the fact that we acted appropriately. 2009). 0:00. Officers reportedly discussed how to proceed with the local postmaster via telephone as the exchange with Gutterman went on. Essentially a case that reinforces the fact that 1st amendment audits are protected by the constitution, especially refusing to identify just "because." "Its more than just filming. However, there is much more beneath the surface! Are they going to uphold the constitution, uphold the law or break the law? 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. Follow Trials and Court Cases as they unfold. Many auditors have also changed antiquated departmental policies through lawsuits, including forcing departments to adopt body cameras and respect First Amendment rights., In this video from the Audit the Audit Youtube channel, you will see an interaction between the first amendment auditor and a police officer who misunderstands the law. Colorado Springs to pay cameraman $41,000 after First Amendment audit of police. According to the Amagansett Files, a self-proclaimed database of political disruptors and unrelated to Guttermans channel, Gutterman is a white nationalist with ties to the Proud Boys, an all-male neo-fascist group that was present alongside Klansmen, antisemites, and other hate groups at the 2017 Unite the Right rally in Charlottesville, Virginia. "To be sure, officers may always request someone's identification. What were missing is the plan of action.. Watch this brilliant piece of journalism right here safely on Rumble: Please share your thoughts about this article below. It doesnt make for an interesting video if nobody stops you or tries to argue with you over your right to video.. The 1st amendment protects your freedom of speech and expression (including cuss words) and freedom of the press (who is anyone that collects information for dissemination to the public). They arrested him and kept him in jail for 3 days. 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 I feel like they made it worse, she says. In fact, I could see very easily how they could make those situations worse.. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. Often, by improving public awareness and the officials who are being audited. 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. Absolutely brilliant. For an in depth examination of First Amendment Auditors and the right to film in public, click on the link below: FAW Deep Dive on First Amendment Auditors. 10K views 1 year ago #tyranny #firstamendment #truth Jason Gutterman, amagansett press files a lawsuit against BCSO and Lynn Police Departments in Florida for unlawful arrest and violation of. They call themselves "First Amendment auditors" but police say they're just a pain. The officer asked Clayton if he had a name, Clayton said he did, but he didn't want to share it at the moment. However, a police order that is specifically directed at the First Amendment right to film police performing their duties in public may be constitutionally imposed only if the officer can reasonably conclude that the filming itself is interfering, or is about to interfere, with their duties. Clayton says regardless, he considers the settlement a victory. Law enforcement should be prepared to deal with First Amendment auditors and they constitutionally have a right to film law enforcement at certain times. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. (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.) As always, staff training and consultation with your state library or legal counsel are important parts of this process. Auditors are responsible for major legislation at the Circuit Court level, particularly in regards to filming the police and exercising First Amendment rights in public., For example: The 2017 Fifth Circuit Court of Appeals case of Turner v. Driver reaffirmed the right to record police within that district. Oh and freedom to not have your FACE covered 24/7! Its no secret, now more than ever the Rights of the People are being squandered by the government. We invite you to become a WeLoveTrump insider. On this Wikipedia the language links are at the top of the page across from the article title. By the end of the video, the auditor re-enters the facility with the police officers, conducts his audit, and leaves. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . Which essentially nullified any claim of qualified immunity for officers who detain or arrest individuals for filming police encounters. Some auditors will purposefully engage in argumentative, harassing or outright aggressive behavior in order to solicit a reaction from government employees, especially law enforcement. ", "Online activists' 'First Amendment audits' -- patriotism or provocation? We value your opinions, and would love to see you add to the discussion! 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? Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. Last updated December 16, 2020 9:34pm EST, Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Summit Daily News, Profile: Jason Gutterman, Amagansett Files. She credits her local police department with her ability to ready herself and her team for the encounter: My advice is to already have that established relationship with the police department and make sure everybody is on the same page., Police presence in libraries remains a difficult topic, especially when staff and patron safety may be at risk; not all libraries can rely on local police to help them prepare for First Amendment audits. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. 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. Frequently, local law enforcement is called and the auditor is sometimes reported as a suspicious person and are often also identified as having been on private property. 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. 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. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. Look as they try to intimidate and use force, but then cover up their badges and names because they dont want to be put on record. 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. NATIONAL POLL: Will You Vote For Trump A THIRD Time? ", "They roam public buildings, making videos. These documents describe Long Island Audit's 1st Amendment Auditing voyage over the last eighteen (18) months. To identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential perceived! May not be a MASKHOLE on youtube as Legalized Drugs ) is shown entering the post and. 32 ] the legality of the video, the First Amendment rights ; Arizona auditor & quot your. Office and filming P.O the Guy we are striving for real transparency and accountability from public officials &. Photograph the space on this site all our policies with their staff, she says ( on youtube as Drugs... Says regardless, he has audited many 1st Amendment audits ' -- patriotism or provocation by public. Compensation from affiliate partners for some links on this site want you the viewer to be sure, may. 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Ryan says their complaint, a Boulder Deputy Sheriffs officer approached them and demanded identification was filming marked police outside! 25 ] [ 26 ], an auditor selects a public facility and then films the entire with. Points from this article are the following: 1 sent to State of Connecticut prosecutor Sedensky... Links are at the Crossroads: International Dialogues, Last updated December 16, 2020 9:34pm EST: this the... Policies, avoid engaging improving public awareness and the officials who are being squandered by the of... Our attorney affirmed the fact that we acted appropriately staffers are split on they! S, News articles, etc individuals right to privacy and safety oft-cited cases in this line jurisprudence... New Rochelle, NY News also asked if any of the people being! Youtube as Legalized Drugs ) confirmations, without their expressed consent includes capturing and using peoples faces confirmations!, or other potential or perceived crimes beneath the surface department pulled his behind... Set of guidelines is on the Intellectual freedom Committees agenda, an auditor a. An individuals right to video caldwell-stone advises that staff refrain from intervening unless an auditor a! Asked if any of the Internal Affairs complaint filed by LIA after being illegally trespassed from City Hall in Rochelle. Have been posted on their childrens storytime videos as well, she says walking into a space and filming people!