But there may also be a relationship to the fact that libraries are open again.. Teacher and Citizen Guides: Recording Video and Audio of Police Officers. Read our full Disclosure. The case of Glik v. Cunniffe is one of the more influential, and oft-cited cases in this line of jurisprudence. 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. 2. 3. . Is this someone who supports the US Constitution? 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]. These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. 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. I feel very cynical about it, says Macrina. Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Email address: freespeechproject@georgetown.edu, Electronic and Information Technology Accessibility. Fahey at State Police Headquarters. If staffers do not give them that opportunity, auditors are more likely to leave without incident. 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. 16-10312 (5th Cir. 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. For others, their aim is to actually make a difference, protect our rights, enforce the Constitution. The building is just off of North Academy Boulevard and Kelly Johnson Boulevard. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. 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 . Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. In October 2019, OIF published a blog post that several library directors have used to better understand their legal grounds for interacting with auditors (see sidebar). 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. A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. 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 way that they came in, itching for a fight, is everything that this guy wanted.. Learn more about stop and identify statutes. Its just so annoying that were going to have to be dealing with this in some fashion for ages.. 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. Thats what one man did when he took to the streets to conduct a First Amendment Audit. Were living in a time where there is a little more contention over politics, and some of it may be coming from that, she says. The officer added he was "making a threat assessment.". On March 24, 2010, at approximately 11:30 p.m. in Weare, NH, the defendant, Carla Gericke, was following Tyler Hanslin in her car. The settlement specifically related to the complaint against the officers, since a district court judge dismissed the complaint against the city. And indeed, many do! Black said an internal review is "in progress.". 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. 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. An interesting phenomenon known as the "First Amendment Audit" may be taking place in and around city/town halls and council chambers. And while some library workers believe this trend will fade if auditors dont get the viral responses they seek, others are less hopeful. A publication of the American Library Association, 225 N. Michigan Ave., Suite 1300, Chicago, IL 60601, Auditing the First Amendment at Your Public Library. That's what one man did when he took to the streets to conduct a "First Amendment Audit". Should be paid 3 million in my opinion. Staffers should be familiar with these policies to mitigate behavioral violations that may occur during an audit. 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. high marks on preserving First Amendment rights", "Candid Cameras: How to Respond to a First Amendment Audit", https://cases.justia.com/federal/appellate-courts/ca7/11-1286/11-1286-2012-05-08.pdf?ts=1411041480, "Public Recording of Police Activities; Instructor's Guide", "There Is a Constitutional Right of the Public to Film the Official Activities of Police Officers in a Public Place", "City of San Antonio Successfully Prosecutes Individual for Disrupting Police Officers during Course of Duty", "McManus: YouTubers confronting officers use first amendment as 'guise' to attack police", "Local YouTuber speaks out after conviction", "Everyone Has the Right to Mouth Off to Cops", "Court: First Amendment protects profanity against police", "Can You Be Arrested for Cursing at the Police? If you love what we do, please consider a $1/month donation to keep us live! 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. Next month, Ill discuss strategies that law enforcement can use when encountering First Amendment auditors. At one point his original video stops and a new video he shot on his cell phone starts in the backseat of a squad car where a conversation takes place between Clayton and an officer. From there, she attempted to audio and video record the scene from approximately 30 feet away and announced that she was doing this. Stating he was trying to get pictures of squad cars, particularly marked units. Its really protecting all of our rights," said Clayton. 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. That was one of the goals, was the court to say that you have a First Amendment right to record police, Altaffer said. [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. Know your rights and responsibilities. Public library workers are public employees. This is an Objection to the Motion to Dismiss filed by the prosecutor in the Waterbury Superior Court criminal case for Trespass 1st degree. We invite you to become a WeLoveTrump insider. 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. [29] While filming in public is legal, such activity may cause some people to feel alarmed. At the end of the day, as rough as first amendment auditing is, it does accomplish certain goals that may not other be achieved by other means. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. Clayton asks for the first officer's badge number. Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. BREAKING: Top Hunter Biden Associate Eric Schwerin (who ran Rosemont Seneca) Just Flipped! Massimino posted his video. 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 . Stopping of suspect (1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him. The city just settled the claim in May. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. And first amendment audits are an effective way to ensure that those rights are not lost forever. 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. [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 Informing members of the public about their rights. Part of the settlement includes that the city does not have to admit any "wrongdoing, misconduct, or liability." While citizens have recorded police officers performing their duties in public for years, officers should be prepared to deal with two con-temporary issues related to recording. "[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. As simple as walking into a public space with a camera and recording may seem, it truly has an impact. Awards categories include external communications; advocacy, fundraising, annual reports, and strategic plans; special events and exhibits; reading programs; and materials promoting collections, services, and resources. A now-viral video shows a heated exchange between police and the man, who has filed a lawsuit against the city (he was also charged with a misdemeanor). 2009). Creating this identification can provide clearer guidance when a First Amendment auditor violates library policy. That and numerous other 1st & 2nd Amendment Audit videos he records throughout the state receive thousands of views and comments. Oh and freedom to not have your FACE covered 24/7! 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. Motion to Dismiss in Berwyn, Illinois case. 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. "The First Amendment is not a game setting for the government to toggle off and on," the judge wrote. 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. 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. First Amendment audits. On this page we will post all documents concerning complaints, correspondence, FOIA/FOIL/Open Records requests, lawsuits and any other documents relevant to LIAs auditing activities. He encountered some Maskholes in the wild almost right away. . As the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." Let me put it this way, we have better things to do with our time.. 10th Circuit Court of Appeals Upholds Public Right to Record Police. Wittmann met with department heads to collaborate on a strategy to prepare staff. Auditing can be controversial due to the confrontational tactics of some auditors, which has been criticized as intimidation or harassment. Well, at least sometimes, but frequently the simple act of walking into a space and filming causes people to act up. by Eric Daigle At stoplights, outside and inside government establishments, on police officers with body worn cameras, and of course the phone in your pocket. Some auditors will purposefully engage in argumentative, harassing or outright aggressive behavior in order to solicit a reaction from government employees, especially law enforcement. 2012), Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. A copy of the judges decision DISMISSING the criminal trespass charge in the Waterbury (CT) case. Colorado Springs to pay cameraman $41,000 after First Amendment audit of police. Your California Privacy Rights/Privacy Policy. 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. For some, it is about the views and being as abrasive as possible. 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. 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. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. Nowadays cameras are everywhere. At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. Sign up for our free email newsletter, and we'll make sure to keep you in the loop. In June 2020, Metz, who operates. And while the format of these audits is familiar, libraries are reporting more aggressive, targeted, and organized operations than in years past. This document was sent to State of Connecticut prosecutor Stephen Sedensky by Marc Stout (on youtube as Legalized Drugs). A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. 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. She notes that adapting OIFs blog post into a set of guidelines is on the Intellectual Freedom Committees agenda. Still, Ryan says these interactions remain a consistent part of her workday. I feel like they made it worse, she says. A version of this article first appeared on americanlibraries.org on August 26, 2021. [11][12][13][14][15][16] Such events have prompted police officials to release information on the proper methods of handling such an activity. One thing is for certain, first amendment audits are not going away. 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. Kelley advised Gericke that she was not the one being detained and told her to move her car. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. More recently, auditors appear to be targeting smaller libraries whose staff might not have the resources and experience to de-escalate a volatile encounter. 11 News reached out to police spokesperson Lt. Howard Black on Friday and was told "the video is being developed." Library workers should take steps to limit an auditors ability to cause harm. [22], Auditors typically travel to places considered public property, such as sidewalks or public right-of-ways, or places open to the public, such as post offices, police stations, public libraries[23] or other government buildings, and visibly and openly photograph and record buildings and persons in their view. He didnt get a rise out of anybody, so he was kind of deflated and left. We rely on our readers to keep our mission moving forward! [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. 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