While the 1A community does seek to expose bad officers, express opinions of law enforcement freely, and ensure that civil rights are respected, the movement also aims to inform and educate other citizens of their constitutional rights and highlight the work of good police officers who respect those rights.. 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. Hostile messages have been posted on their childrens storytime videos as well, she says. 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. If staffers do not give them that opportunity, auditors are more likely to leave without incident. While staffers are not featured in the viral video, the library has been the target of harassment through Facebook, Google reviews, and phone calls. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. But given the circumstances wed do it differently. Updates and exclusive content straight to your email inbox. I am a Constitutional activist who conducts 1st Amendment Audits on Long Island and the east coast. While some audits end in lawsuits, most accomplish more nuanced and self-less aims including: John Lang, Creator of Audit the Audit expands on some of the goals of a first amendment audit: The prevailing intents of a First Amendment audit are accountability and awareness. [25][26], An auditor selects a public facility and then films the entire encounter with staff and customers alike. And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. Bookmark +. According to their complaint, a Boulder Deputy Sheriffs officer approached them and demanded identification. First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. A project of Arthur L. Carter Journalism Institute. Simply put, an individual armed with a camera will simply walk into a public space, and start recording. All the charges were subsequently dismissed for lack of probable cause. 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 think we, as library workers, really need to prepare ourselves.. More recently, auditors appear to be targeting smaller libraries whose staff might not have the resources and experience to de-escalate a volatile encounter. In both instances, the recording is not usually passive, meaning the auditor often takes an active role in engaging with the public safety personnel, challenging them on applicable laws, and in some cases, attempting to escalate the situation in order to garner support from their audience or followers. He will go live tonight at 8:00 PM on his channel the Underground Auditor to explain how he. Library workers should take steps to limit an auditors ability to cause harm. [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. 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. 3. Often, by improving public awareness and the officials who are being audited. . This supposed copwatcher is obviously someone who hates the US Constitution! Most reporting on romance novels popularity highlight two big causes of this trend: the pandemic and BookTok. Doherty looks at some of the current trends in romance, including romcoms, traumatic storylines, LGBTQ romance, and stories with diverse historical characters. 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). 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 . Through our research, we developed a critical inclusivity framework with five concurrent leadership practices to reclaim contested curriculum materials. There are many different cases that have set this precedent, and in fact, many cases were pushed by auditors themselves. As the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." In fact, I could see very easily how they could make those situations worse.. We want YOU the viewer to be kept up to date on everything that LIA is doing and to betotally transparentregarding his activities. That was one of the goals, was the court to say that you have a First Amendment right to record police, Altaffer said. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. Shortly after Gutterman entered the main post office, several employees and a number of customers reportedly asked him to stop filming and leave. Whether you realize it or not you have probably seen a first amendment audit video before. Other photographs may be taken only with the permission of the local Postmaster or installation head.. Clayton says he was filming as part of the First Amendment Audits movement. Gericke thereafter put the camera away and sat in her vehicle. Gericke was subsequently arrested, her camera seized, and she was charged with disobeying a police officer, obstructing a government official, and unlawful interception of oral communications, the New Hampshire equivalent of a wire-tap charge under Massachusetts law. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. Observing and record law enforcement activities, or in this case video recording a public building while standing in a public place, without interfering with any law enforcement activity, is a legitimate means of gathering information for public dissemination and is therefore speech protected by the First Amendment to the United States Constitution, reads the complaint. 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. 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. Thats what one man did when he took to the streets to conduct a First Amendment 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. Gericke filed suit under 42 U.S.C. A copy of the judges decision DISMISSING the criminal trespass charge in the Waterbury (CT) case. NATIONAL POLL: Will You Vote For Trump A THIRD Time? "That's why I'm contacting you, does that make sense?". Macrina says that library workers should use their own networks to prepare for encounters. 11 News also asked if any of the officers involved in this specific incident would face any disciplinary action. 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. 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. 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. [11][12][13][14][15][16] Such events have prompted police officials to release information on the proper methods of handling such an activity. Round . As the 7th Circuit Federal Court of Appeals explained in ACLU v. Alvarez, "[t]he act of making an audio or audiovisual recording is necessarily included within the First Amendment's guarantee of speech and press rights as a corollary of the right to disseminate the resulting recording. 1995), Turner v. Driver, No. Its no secret, now more than ever the Rights of the People are being squandered by the government. Clayton believes the officers were unaware it was recording. Here Trials and Court Cases Follow Trials and Court Cases as they unfold. 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. She had learned about these encounters in 2020 . 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. Bookmarked content can then be accessed anytime on all of your logged in devices! 0:57. As simple as walking into a public space with a camera and recording may seem, it truly has an impact. But it can be difficult to predict just how aggressive an auditor can be, as well as when they may arrive. 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. Gericke moved her car to the adjacent Weare Middle School parking lot to wait for Hanslin. Recently, groups of individuals claiming to be First Amendment auditors, have been challenging police and gaining media exposure by filming the inside of various public spaces. For others, their aim is to actually make a difference, protect our rights, enforce the Constitution. 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. But he said Turner was satisfied with the judges refusal to dismiss the complaint against the officers. And as these cases see a resurgence, library staffers are split on whether they feel preparedfor the audits themselves or their aftermath. Clayton says he filed a complaint the day after it happened, citing wrongful detainment. Search: 1st Amendment Audit Wins Lawsuit, alleged that Navient systematically misdirected borrowers into What The Navient Lawsuit Means For Your Student Loans Department of Justice to file lawsuits against GlaxoSmithKline , discusses her lawsuit on Thursday, March 1, 2018, in Atlanta Biggest urban development project in Europe 56 . As always, staff training and consultation with your state library or legal counsel are important parts of this process. Part of the settlement includes that the city does not have to admit any "wrongdoing, misconduct, or liability." Key Players Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. Updated: November 7, 2022. The conversation continued and the second officer said he "wasn't buying it," in regards to Clayton's story. This is a complaint to the FBI filed against Danbury police Officers Utter and Farrell for civil rights violations that occurred in Danbury on June 9, 2021 and July 15, 2021. The building is just off of North Academy Boulevard and Kelly Johnson Boulevard. 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. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom. 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. Which essentially nullified any claim of qualified immunity for officers who detain or arrest individuals for filming police encounters. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. Massimino posted his video. Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. The lawsuit also focused on the May 2021 meeting when Solicitor Peter Amuso ended the public comments by Daly, Marshall, and Abrams. Glik v. Cunniffe, 655 F.3d 78 (1st Cir. That and numerous other 1st & 2nd Amendment Audit videos he records throughout the state receive thousands of views and comments. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. When she asked a colleague what had happened, she learned there had been a First Amendment audit., My heart sank, Ryan says. The First Amendment of the U.S. Constitution provides that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Oh and freedom to not have your FACE covered 24/7! 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. Is this someone who supports the US Constitution? 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. That's what one man did when he took to the streets to conduct a "First Amendment Audit". "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. This is an Internal Affairs complaint filed over LIAs illegal detention at Bradley Airport in CT. and the assault by Sgt. We will also post news articles that have appeared in various publications about Long Island Audit. First Amendment audits. Black said an internal review is "in progress.". First, officers and even non-sworn police personnel should be prepared to deal with First Amendment auditors who may visit their station, town hall, or other town and county facilities. We are striving for real transparency and accountability from public officials. 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 . June 15, 2022 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. Fahey at State Police Headquarters. boxes and bulletin boards before proceeding into the main lobby. 11 News first shared the video in November. 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. Eric Daigle is founder of Daigle Law Group, LLC, a firm that specializes in law enforcement operations. Two officers approach Clayton, take his camera and cell phone he was recording with, and place him in the back of a squad car. Officers reportedly discussed how to proceed with the local postmaster via telephone as the exchange with Gutterman went on. The major points from this article are the following: 1. Library staff involved in the incident are not named in the lawsuit, but Ryan remains upset by the response from law enforcement. By Tami Tanoue, General Counsel/Interim Executive Director. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. "The First Amendment is not a game setting for the government to toggle off and on," the judge wrote. 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.". Auditors refusing to identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential or perceived crimes. He acted as his own attorney and won the case! 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). 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. However, this does not include the right to harass or interfere with public employees as they carry out those duties. 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 internet is forever, and any time this guy decides to post an update, its going to refresh the vitriol, Ryan says. The terms of the settlement include a $41,000 check for Clayton and his lawyers. Auditing can be controversial due to the confrontational tactics of some auditors, which has been criticized as intimidation or harassment. 2023 POLICE Magazine. For example, an auditor in San Antonio was prosecuted and convicted of disorderly conduct after an audit. 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. 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