We respect your data and privacy. 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. He encountered some Maskholes in the wild almost right away. And holding government officials accountable. Both Gericke and Hanslin pulled over and Sergeant Kelley parked his cruiser between the two. 2005), Szymecki v. Houck, 353 Fed.Appx. 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.. [2][3] Auditors believe that the movement promotes transparency and open government. So needless to say, auditors often catch some heated encounters. Massimino posted his video. 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. He will go live tonight at 8:00 PM on his channel the Underground Auditor to explain how he. That includes capturing and using peoples faces and confirmations, without their expressed consent. At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. [29] While filming in public is legal, such activity may cause some people to feel alarmed. The lawsuit also focused on the May 2021 meeting when Solicitor Peter Amuso ended the public comments by Daly, Marshall, and Abrams. Its just so annoying that were going to have to be dealing with this in some fashion for ages.. The auditor stayed in the building for only six minutes. If staffers do not give them that opportunity, auditors are more likely to leave without incident. Turner filed similar lawsuits against the cities of Fort Worth and Austin involving incidents of him video recording police and not identifying himself. The two men were arrested but were later released without charges being filed. When the so-called auditor arrived 10 days later, Brown says she felt ready. 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. Official Court transcript of hearing in disorderly conduct case. The second officer asked for Clayton's ID and Clayton refused. Tunnels and Jail Cells Under DCNow EXPOSED! 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. 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. 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. Well, at least sometimes, but frequently the simple act of walking into a space and filming causes people to act up. Library staff involved in the incident are not named in the lawsuit, but Ryan remains upset by the response from law enforcement. 2023 POLICE Magazine. There are many different cases that have set this precedent, and in fact, many cases were pushed by auditors themselves. Soon after, a second officer can be seen approaching Clayton. If you would like to support us go here. Thats what one man did when he took to the streets to conduct a First Amendment Audit. Clayton believes the officers were unaware it was recording. When the court did that, he felt that accomplished one of his objectives.. Some officers will approach the auditors and request his or her identification and an explanation of their conduct. Oh and freedom to not have your FACE covered 24/7! This further complicates how to handle these auditors because they may not actually break a law. NATIONAL POLL: Will You Vote For Trump A THIRD Time? Staffers should be familiar with these policies to mitigate behavioral violations that may occur during an audit. Round . Glik v. Cunniffe, 655 F.3d 78 (1st Cir. As is commonly done by First Amendment auditors, Kerr and Schiller posted the incident on their YouTube channels. An interesting phenomenon known as the "First Amendment Audit" may be taking place in and around city/town halls and council chambers. 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. 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. Essentially a case that reinforces the fact that 1st amendment audits are protected by the constitution, especially refusing to identify just "because." 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. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. She had learned about these encounters in 2020 . Two officers approach Clayton, take his camera and cell phone he was recording with, and place him in the back of a squad car. A complaint Turner made against Fort Worth police officers was appealed to the 5th U.S. A project of Arthur L. Carter Journalism Institute, New York University. (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.) The Underground Auditor won his case today in court! [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 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. 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.. During the entire interaction, he remains calm, professional, and . 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 second officer went on to say Clayton was outside of a law enforcement facility acting suspiciously. Here Trials and Court Cases Follow Trials and Court Cases as they unfold. Read our full Disclosure. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. Auditing can be controversial due to the confrontational tactics of some auditors, which has been criticized as intimidation or harassment. 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. 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: [email protected], Copyright 2023 Long Island Audit, Inc. & Impact Marketing. After parking her car in the lot, Gericke got out and approached the fence that separated the lot from the road. 2017), Fields v. City of Philadelphia, 862 F.3d 353 (2017), Sharp v. Baltimore City Police Department, No. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and other locations. Definition: Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. 11 News also asked if any of the officers involved in this specific incident would face any disciplinary action. 0:00. The major points from this article are the following: 1. [11][12][13][14][15][16] Such events have prompted police officials to release information on the proper methods of handling such an activity. The police were called shortly after the auditors arrival at the building. Often, by improving public awareness and the officials who are being audited. And while the format of these audits is familiar, libraries are reporting more aggressive, targeted, and organized operations than in years past. This Substitute Information contains new charges against LIA in the Danbury criminal case. Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Email address: [email protected], Electronic and Information Technology Accessibility. Below you will find variousdocuments, letters, motions, complaints, FOIA/OpenRecordsrequests, news articles, etc. USA Powerlifting said its policy wasn't transphobic but to ensure fairness since trans women have a "direct competitive advantage" over cisgender women. Turner filed suit against the officers and the department nearly two years after police restrained him at police headquarters. 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. In it, you can see Clayton walking outside of the police department substation. Core invites applications for its 2023 PR Xchange Awards, recognizing the best public relations materials produced by libraries in the past year. While he may not be a legal expert, he has audited many 1st amendment audits and other police interactions on his channel. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. 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.". Stacy Wittmann, director of Eisenhower Public Library District (EPLD) in Harwood Heights, Illinois, took this advice when she heard some libraries were experiencing First Amendment audits. Sometimes the words can be used interchangeably. But there may also be a relationship to the fact that libraries are open again.. . 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." This supposed copwatcher is obviously someone who hates the US Constitution! The conversation continued and the second officer said he "wasn't buying it," in regards to Clayton's story. 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). 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. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. Thank you! [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. We will also post news articles that have appeared in various publications about Long Island Audit. 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. All charges were dismissed. According to their complaint, a Boulder Deputy Sheriffs officer approached them and demanded identification. 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 . The city also must create and publish a "roll-call video addressing the First Amendment right to record police . There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. Wittmann met with department heads to collaborate on a strategy to prepare staff. I think we, as library workers, really need to prepare ourselves.. The public-facing departments did go over all our policies with their staff, she says. I realized that contact with police was possible, but thats not what I was anticipating.. The individuals and groups undertaking these self-described "First Amendment audits" claim a right to film . 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 The case of Glik v. Cunniffe is one of the more influential, and oft-cited cases in this line of jurisprudence. Still, Ryan says these interactions remain a consistent part of her workday. He was restrained by police officers in both incidents. However, this does not include the right to harass or interfere with public employees as they carry out those duties. Attorney General Garland Announces Protections for Journalists, News Gathering. Gericke moved her car to the adjacent Weare Middle School parking lot to wait for Hanslin. 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. 852, 853 (4th Cir. Citing disorderly conduct, a misdemeanor. Daniel Liou and Kelly Deits Cutler write: Books written by and about women and people of color are disproportionately targeted for complaints and removal. 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). In a decision handed down last week, the U.S. Court of Appeals for the 4th Circuit agreed that Wingate's rights were violated. 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. boxes and bulletin boards before proceeding into the main lobby. 11 News first shared the video in November. We are striving for real transparency and accountability from public officials. At stoplights, outside and inside government establishments, on police officers with body worn cameras, and of course the phone in your pocket. The city will also be required to creat and publish a roll-call video addressing the First Amendment right to record police activity. Glik was charged with violating the wiretap statute, disturbing the peace, and aiding in the escape of a prison-er. Additionally, every time the so-called auditor updates his YouTube channel, the calls and comments begin again. Brown notes that, in preparation for the audit, some library staff took off their name tags to help preserve personal privacy. 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. Informing members of the public about their rights. 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. [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. Many of the U.S. Maskholes are most typically seen in security guards, airline flight attendants and clerks of all kinds. A Lebanon County judge convicted "First Amendment auditor" Charles Lanza on Wednesday of summary disorderly conduct, a charge that stemmed from a confrontation between Lanza and a sheriff's. Caldwell-Stone says her office has helped individual libraries develop policies and make improvements to existing ones. 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. 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. 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). We rely on our readers to keep our mission moving forward! This is the transcript of LIAs first appearance in the Danbury criminal case, where the judge found probable cause despite the police report being devoid of facts to support such finding. [10] Auditors have been detained, arrested, assaulted, had camera equipment confiscated, weapons aimed at them, had their homes raided by a SWAT team, and been shot while video recording in a public place. 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. Ninth Circuit Affirms Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment Protections Dont Apply. by Eric Daigle 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. 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. 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. Whats still uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more libraries were open. 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. Film in a public space for non-commercial purposes auditor won his case today in Court out those duties in incidents! Fact, many cases were pushed by auditors themselves activity may cause some to. A THIRD Time sometimes, but thats not what i was anticipating many different cases have. 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