President Trump Shares HUGE Win For Election Integrity! 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. After parking her car in the lot, Gericke got out and approached the fence that separated the lot from the road. Entries will be evaluated on content, originality, and design by an expert panel, and prizes will be given across five operating budget ranges. The two men were arrested but were later released without charges being filed. The library has since eliminated the ability to comment on its Facebook posts, which has quelled some of the harassment. or other government facility or publicly owned space. The officer requested her li-cense and registration. Clayton says regardless, he considers the settlement a victory. The video later cuts back to his camera recording audio of the officers talking. Whats still uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more libraries were open. 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. 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. She had learned about these encounters in 2020 . FAW Deep Dive on First Amendment Auditors Two self-described "First Amendment auditors" are suing the city of Boulder and its police department for violating their First Amendment right to videotape public officials in public places. What were all so exhausted by is the fact that this is not going to go away. Truly, audits can often have unpredictable results. 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. As always, staff training and consultation with your state library or legal counsel are important parts of this process. 2005), Szymecki v. Houck, 353 Fed.Appx. Additionally, every time the so-called auditor updates his YouTube channel, the calls and comments begin again. We are striving for real transparency and accountability from public officials. "The First Amendment is not a game setting for the government to toggle off and on," the judge wrote. Sometimes the words can be used interchangeably. Colorado law reads: 16-3-103. Several US Courts of Appeals have upheld a private citizens right to record audio and video of public employees carrying out their duties in a public space regardless of their consent. The conversation continued and the second officer said he "wasn't buying it," in regards to Clayton's story. 0:57. by Eric Daigle 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. Democrats Hiding That John Fetterman is Brain Dead to Prevent Special Election? He acted as his own attorney and won the case! 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? 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. Turner had said he posts the videos to show unlawful arrests are an institutional problem. This is the IA investigation report issued by Captain Ceruti of the Ct State Police. 1983 alleging a violation of her First Amendment rights. 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. When she asked a colleague what had happened, she learned there had been a "First Amendment audit.". And while some library workers believe this trend will fade if auditors dont get the viral responses they seek, others are less hopeful. 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. Read our full Disclosure. 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.". 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. ", "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. In addition, the Colorado Springs Police Department must add to their General Order "Taking photographs or recording from a public place in and of itself does not constitute suspicious activity." The case settled, but it was determined that if the police are aware that they are being recorded, it is not unlawful for a citizen to film law enforcement officers in the discharge of their duties in a public space. For example, an auditor in San Antonio was prosecuted and convicted of disorderly conduct after an audit. From there, she attempted to audio and video record the scene from approximately 30 feet away and announced that she was doing this. Soon after, a second officer can be seen approaching Clayton. In the post office video, Gutterman debated with law enforcement officers for several minutes inside the building before moving outside to continue the conversation. Kelley approached Hanslins vehicle and Hanslin advised Kelley that he was carrying a firearm and was properly licensed. She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. The Court further advised that such peaceful recording of an arrest in a public space that does not interfere with the police officers performance of their duties is not reasonably subject to limitation. As a result, the Court concluded we see no basis in the law for a reasonable officer to conclude that such a conspicuous act of recording was secret merely because the officer did not have actual knowledge of whether audio was being recorded. Notably, the Court determined that this state of the law was well established at the time of the arrest, and there-fore, denied the officers claim for qualified immunity from Gliks First Amendment claim. Glik was charged with violating the wiretap statute, disturbing the peace, and aiding in the escape of a prison-er. 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. A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. Clayton responded, saying it did make sense. The city will also be required to creat and publish a roll-call video addressing the First Amendment right to record police activity. Simply put, an individual armed with a camera will simply walk into a public space, and start recording. 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. But he said Turner was satisfied with the judges refusal to dismiss the complaint against the officers. Daniel Liou and Kelly Deits Cutler write: Books written by and about women and people of color are disproportionately targeted for complaints and removal. That and numerous other 1st & 2nd Amendment Audit videos he records throughout the state receive thousands of views and comments. When the so-called auditor arrived 10 days later, Brown says she felt ready. Know your rights and responsibilities. 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.. [24], In the case of sidewalk or easement audits, the conflict arises when a property owner or manager states, in substance, that photography of their property is not allowed. Free Speech Today is a periodic newsletter highlighting the Free Speech Projects work and other analysis of First Amendment issues. 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. 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). Its no secret, now more than ever the Rights of the People are being squandered by the government. In limited public forums, staffers are only obligated to allow free speech that is consistent with the nature of that forum. But there may also be a relationship to the fact that libraries are open again.. boxes and bulletin boards before proceeding into the main lobby. 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. 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. He is a legal advisor for police agencies across the country and member of the POLICE Advisory Board. 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. And money is their motive. Again, Gericke refused. 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. Second, officers should be prepared to deal with citizens who record them while performing their duties in the field. Glik then filed suit under 42 U.S.C. Law enforcement should be prepared to deal with First Amendment auditors and they constitutionally have a right to film law enforcement at certain times. Massimino posted his video. First posted October 19, 2020 6:23am EDT "[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. 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). 987, 988-89 (10th Cir. 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. The internet is forever, and any time this guy decides to post an update, its going to refresh the vitriol, Ryan says. The building is just off of North Academy Boulevard and Kelly Johnson Boulevard. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom. 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. I feel like they made it worse, she says. 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. Your California Privacy Rights/Privacy Policy. 0:00. 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). Tunnels and Jail Cells Under DCNow EXPOSED! 1995), Turner v. Driver, No. Should be paid 3 million in my opinion. Written policies can help staff members regulate behavior in a manner that respects every persons right to privacy and safety. Turner posted the video of the incident on YouTube the next day. "A first I was very surprised," Clayton told 11 News. Clayton asks for the first officer's badge number. I dont think working with police is a scalable way of addressing this issue, says Alison Macrina, director of the Library Freedom Project. 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. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. According to a report by The Daily Beast, the growing popularity of auditing videos online has led to "ruthless competition" between auditors, which incentivizes more dramatic videos. Key Players Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. boxes and bulletin boards before proceeding into the main lobby. Tucson creates new ordinance to deter aggressive 'First Amendment auditors' Carol Ann Alaimo Apr 27, 2020 Updated Jul 1, 2020 The new city ordinance is meant to dissuade provocateurs from showing. There are many different cases that have set this precedent, and in fact, many cases were pushed by auditors themselves. Teacher and Citizen Guides: Recording Video and Audio of Police Officers. 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. The activists argued that its project was protected by the First Amendment, but the U.S. Court of Appeals for the Ninth Circuit affirmed that no journalist is above the law. The officers Sergent quickly corrected the other officer. They arrested him and kept him in jail for 3 days. The auditor stayed in the building for only six minutes. That was one of the goals, was the court to say that you have a First Amendment right to record police, Altaffer said. "A right not exercised is a right lost.". 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. I wasnt looking for trouble. 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. Updated: November 7, 2022. Turner filed similar lawsuits against the cities of Fort Worth and Austin involving incidents of him video recording police and not identifying himself. . Adopt or review written policies. 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 Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. He didnt get a rise out of anybody, so he was kind of deflated and left. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. Since posting its first video in December 2018, Guttermans channel has amassed, as of October 18, 2020, over 200,000 subscribers and 250 videos, the majority of which containing interactions with law enforcement and public officials. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. Thank you! We value your opinions, and would love to see you add to the discussion! "My heart sank," Ryan says. Public library workers are public employees. They call themselves "First Amendment auditors" but police say they're just a pain. There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. He will go live tonight at 8:00 PM on his channel the Underground Auditor to explain how he. . We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. The individuals and groups undertaking these self-described "First Amendment audits" claim a right to film . Library staff involved in the incident are not named in the lawsuit, but Ryan remains upset by the response from law enforcement. The officers handcuffed and arrested Turner after he refused to identify himself. Free Speech at the Crossroads: International Dialogues, Last updated December 16, 2020 9:34pm EST. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. SICK: Bill Gates + 6,000 Child Porno Images? The city also must create and publish a "roll-call video addressing the First Amendment right to record police . Preparing for a First Amendment audit is often a librarys best defense against a viral outcome. (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.) We rely on our readers to keep our mission moving forward! 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. [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. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. 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. Absolutely brilliant. [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]. Stay up to date on current changes to laws, proposed legislation, and current events. Updates and exclusive content straight to your email inbox. 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). Such an order, even when directed at a person who is filming, may be appropriate for legitimate safety reasons. The goals of a first amendment audit truly depend on the auditors themselves. 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. 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. layton said he understood and he was taking pictures for a story. Gutterman claimed the video was for news purposes, specifically his Amagansett Press channel. [10] Police will sometimes charge auditors with disorderly conduct when they engage in behavior that could be considered unlawful. Here Trials and Court Cases Follow Trials and Court Cases as they unfold. 2. Wittmann met with department heads to collaborate on a strategy to prepare staff. 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. These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. Follow Trials and Court Cases as they unfold. Let me put it this way, we have better things to do with our time.. The secure and easy all-access connection to your content. Officer Ken . Caldwell-Stone advises that staff refrain from intervening unless an auditor is violating behavior policies or harassing staff members or patrons. [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 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. 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