This document was sent to State of Connecticut prosecutor Stephen Sedensky by Marc Stout (on youtube as Legalized Drugs). The officer added he was "making a threat assessment.". 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. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. Circuit Courts of Appeal as well as the U.S. Department of Justice have ruled that citizens have the First Amendment right to film police performing their duties in public (such as in Glik). I wasnt looking for trouble. 3. Its really protecting all of our rights," said Clayton. 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. Official Court transcript of hearing in disorderly conduct case. Again, Gericke refused. At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. 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. Some officers will approach the auditors and request his or her identification and an explanation of their conduct. That includes capturing and using peoples faces and confirmations, without their expressed consent. The incident happened on November 2nd. The police are called, and throughout the hour-long encounter, the auditor eventually gets the police to admit there is no way they can legally enforce the mask policy, or trespass him from the facility for refusing to wear one. The conversation continued and the second officer said he "wasn't buying it," in regards to Clayton's story. Please VISIT my social media accounts: I strongly believe in exercising our First Amendment rights in a respectful manner. We want YOU the viewer to be kept up to date on everything that LIA is doing and to betotally transparentregarding his activities. Gericke filed suit under 42 U.S.C. All the charges were subsequently dismissed for lack of probable cause. The cameraman, Terrell Clayton, claimed he was unlawfully detained by Colorado Springs Police. Colorado Community Media April 12, 2019: The "Arizona Auditor" He will go live tonight at 8:00 PM on his channel the Underground Auditor to explain how he. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. I realized that contact with police was possible, but thats not what I was anticipating.. 2. 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. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. This is a complete copy of the Danbury Police Department Internal Affairs InvestigationReport over the Danbury Library incident on June 9, 2021, C.T State Police Internal Affairs Investigation Report from the incident at Bradley Airport on July 23, 2021. And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. Still, Ryan says these interactions remain a consistent part of her workday. 987, 988-89 (10th Cir. Auditing can be controversial due to the confrontational tactics of some auditors, which has been criticized as intimidation or harassment. (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.) 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. 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 And indeed, many do! So needless to say, auditors often catch some heated encounters. Adopt or review written policies. He was restrained by police officers in both incidents. On a quick side note, The Battousai is the "Turner " behind the case Turner V. Driver.. United States Court of Appeals, Fifth Circuit. Clayton responded, saying it did make sense. "[6], Online videos of audits can also generate income for auditors through advertising revenue and donations.[10]. Macrina says that library workers should use their own networks to prepare for encounters. In fact, I could see very easily how they could make those situations worse.. As is commonly done by First Amendment auditors, Kerr and Schiller posted the incident on their YouTube channels. Preparing for a First Amendment audit is often a librarys best defense against a viral outcome. One thing is for certain, first amendment audits are not going away. For some, it is about the views and being as abrasive as possible. Clayton was filming marked police cars outside the department's Falcon Division and in the secure parking lot. And first amendment audits are an effective way to ensure that those rights are not lost forever. Massimino posted his video. Turner filed suit against the officers and the department nearly two years after police restrained him at police headquarters. Applications are due by April 15. 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.". 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. In other words, library behavior and privacy policies can often supersede an individuals right to film or photograph the space. Updates and exclusive content straight to your email inbox. 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. In defending his actions, Gutterman referenced the United States Postal Services Poster 7, entitled Rules and Regulations Governing Conduct on Postal Service Property. With respect to photography and videography, the poster reads, photographs for news purposes may be taken in entrances, lobbies, foyers, corridors, or auditoriums when used for public meetings except where prohibited by official signs or Security Force personnel or other authorized personnel or a federal court order or rule. Library staff involved in the incident are not named in the lawsuit, but Ryan remains upset by the response from law enforcement. 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. Whats still uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more libraries were open. Follow Trials and Court Cases as they unfold. 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. Attorney General Garland Announces Protections for Journalists, News Gathering. 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. Informing members of the public about their rights. A project of Arthur L. Carter Journalism Institute. Trending: SICK: Bill Gates + 6,000 Child Porno Images? important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. Gericke refused to tell him. 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. 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. 2014), ACLU v. Alvarez, 679 F.3d 583 (7th Cir. 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). boxes and bulletin boards before proceeding into the main lobby. OIF collects and analyzes data on an annual basis, Caldwell-Stone says, and the 2021 numbers should be available in spring 2022. After parking her car in the lot, Gericke got out and approached the fence that separated the lot from the road. If staffers do not give them that opportunity, auditors are more likely to leave without incident. 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? 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. As a result of this phenomenon, many agencies are evaluating how to respond to these so-called auditors. Many of these encounters do not escalate, however, there are some encounters that have become challenging for law enforcement. Clayton was detained and feels the act was unlawful. The public-facing departments did go over all our policies with their staff, she says. Libraries should clearly identify all nonpublic spaces inside the building, such as bathrooms, offices, break rooms, work areas, and reservable private study spaces. Its no secret, now more than ever the Rights of the People are being squandered by the government. 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. Label all private spaces. Know your rights and responsibilities. June 15, 2022 The caution came after an encounter at a nearby library resulted in a viral video. 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. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. Ive already seen a tremendous change in the way that the officers act towards the people recording them, specifically me, when I go and film.. When the court did that, he felt that accomplished one of his objectives.. 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. 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. At first glance, a first amendment audit may appear to be a pointless action. The officers Sergent quickly corrected the other officer. 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). Our attorney affirmed the fact that we acted appropriately. Transgender powerlifter JayCee Cooper has . A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. 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). The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and other locations. 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. I dont think working with police is a scalable way of addressing this issue, says Alison Macrina, director of the Library Freedom Project. Creating this identification can provide clearer guidance when a First Amendment auditor violates library policy. But it can be difficult to predict just how aggressive an auditor can be, as well as when they may arrive. The video later cuts back to his camera recording audio of the officers talking. However, this does not include the right to harass or interfere with public employees as they carry out those duties. These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. Its just so annoying that were going to have to be dealing with this in some fashion for ages.. Motion to Dismiss in Berwyn, Illinois case. "[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. 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. Next month, Ill discuss strategies that law enforcement can use when encountering First Amendment auditors. "Is there anything I can help you with," you can hear the officer ask in the video. Daniel Liou and Kelly Deits Cutler write: Books written by and about women and people of color are disproportionately targeted for complaints and removal. By the end of the video, the auditor re-enters the facility with the police officers, conducts his audit, and leaves. I think we, as library workers, really need to prepare ourselves.. Additionally, every time the so-called auditor updates his YouTube channel, the calls and comments begin again. layton said he understood and he was taking pictures for a story. Sometimes the words can be used interchangeably. We respect your data and privacy. 2023 POLICE Magazine. And with all things, the results speak for themselves, and time and time again, audits have proven to be valuable in police reform. But given the circumstances wed do it differently. 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. Maskholes are most typically seen in security guards, airline flight attendants and clerks of all kinds. Know when to engage. There are many different cases that have set this precedent, and in fact, many cases were pushed by auditors themselves. There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. Subscribe today, you can unsubscribe anytime. Should be paid 3 million in my opinion. All charges were dismissed. Your California Privacy Rights/Privacy Policy. This further complicates how to handle these auditors because they may not actually break a law. Officer Montplaisir arrived on scene and demanded to see where the camera was. 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. Round Rock city attorney Stephan Sheets said Phillip Turner received a $6,500 settlement following his complaint against the city and the five Round Rock police officers involved in his arrest in July 2014. Let me put it this way, we have better things to do with our time.. At stoplights, outside and inside government establishments, on police officers with body worn cameras, and of course the phone in your pocket. USA Powerlifting said its policy wasn't transphobic but to ensure fairness since trans women have a "direct competitive advantage" over cisgender women. 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 . 11 News reached out to police spokesperson Lt. Howard Black on Friday and was told "the video is being developed." 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. Simply put, an individual armed with a camera will simply walk into a public space, and start recording. Alison Doherty writes: Unit sales of romance novels grew 41% in 2021, and July 2022 marked the high point of romance novel sales. That's what one man did when he took to the streets to conduct a "First Amendment Audit". She also encourages library workers to revisit their behavior and social media policies and any rules concerning photography. Through our research, we developed a critical inclusivity framework with five concurrent leadership practices to reclaim contested curriculum materials. Circuit of Appeals, Altaffer said. [41][42], In 2017, Justice Jacques Wiener of the U.S. Court of Appeals for the 5th Circuit wrote a federal appeals decision in favor of an auditor who was detained for filming police officers; "Filming the police contributes to the public's ability to hold the police accountable, ensure that police officers are not abusing their power, and make informed decisions about police policy. While staffers are not featured in the viral video, the library has been the target of harassment through Facebook, Google reviews, and phone calls. By clicking the submit button below, you are agreeing with Bobit Business Medias Privacy Policy and this outlined level of consent. Kelley advised Gericke that she was not the one being detained and told her to move her car. In this two-part series, I will break down several court cases that apply to First Amendment auditors, the areas of the law that protect officers, and what law enforcement can do moving forward. 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. Colorado Springs to pay cameraman $41,000 after First Amendment audit of police, 1 killed in northeast Colorado Springs car crash, marking the 10th traffic fatality of 2023, Serious crash along Highway 24 on the west side of Colorado Springs Tuesday afternoon, WATCH - Colorado grocery and convenience stores to sell wine, Penrose Library reopened, deemed safe following further testing for meth residue, WATCH: Investigators looking into deadly deputy shooting near school. The officers handcuffed and arrested Turner after he refused to identify himself. 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. Clayton says he filed a complaint the day after it happened, citing wrongful detainment. The First Circuit Court of Appeals ruled that a citizens right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment.. We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. . "[31][32] The legality of the auditors' actions beyond mere filming are frequently subject to debate. [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. In a decision handed down last week, the U.S. Court of Appeals for the 4th Circuit agreed that Wingate's rights were violated. We were following postmaster directions, Poster 7 and we believe the law as we knew it, Minor told Summit Daily. The city also must create and publish a "roll-call video addressing the First Amendment right to record police . 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. Stating he was trying to get pictures of squad cars, particularly marked units. 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. Phone Number: 210-207-7420. And while some library workers believe this trend will fade if auditors dont get the viral responses they seek, others are less hopeful. . I am a Constitutional activist who conducts 1st Amendment Audits on Long Island and the east coast. [29] While filming in public is legal, such activity may cause some people to feel alarmed. Below you will find variousdocuments, letters, motions, complaints, FOIA/OpenRecordsrequests, news articles, etc. The library has since eliminated the ability to comment on its Facebook posts, which has quelled some of the harassment. A project of Arthur L. Carter Journalism Institute, New York University. 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. BREAKING: Top Hunter Biden Associate Eric Schwerin (who ran Rosemont Seneca) Just Flipped! By Tami Tanoue, General Counsel/Interim Executive Director. 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. Entries will be evaluated on content, originality, and design by an expert panel, and prizes will be given across five operating budget ranges. She had learned about these encounters in 2020 . 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. Clayton was approaced by an officer who introduces himself. Law enforcement should be prepared to deal with First Amendment auditors and they constitutionally have a right to film law enforcement at certain times. Which essentially nullified any claim of qualified immunity for officers who detain or arrest individuals for filming police encounters. Colorado law reads: 16-3-103. In this case, Boston police officers arrested the defendant Simon Glik when he recorded an incident with his smartphone where officers were taking another individual into custody on the Boston Common. 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." Fahey at State Police Headquarters. The terms of the settlement include a $41,000 check for Clayton and his lawyers. And as these cases see a resurgence, library staffers are split on whether they feel preparedfor the audits themselves or their aftermath. Remote Island Tribe That Believed Prince Phillip Was God Has Lin Wood Live From Tulsa: "There's Your Q!". "To be sure, officers may always request someone's identification. 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. We value your opinions, and would love to see you add to the discussion! For example, an auditor in San Antonio was prosecuted and convicted of disorderly conduct after an audit. Such an order, even when directed at a person who is filming, may be appropriate for legitimate safety reasons. 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). 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. Having watched the video and seen how the police engaged with him, its really frustrating. That and numerous other 1st & 2nd Amendment Audit videos he records throughout the state receive thousands of views and comments. Clayton says regardless, he considers the settlement a victory. And while the format of these audits is familiar, libraries are reporting more aggressive, targeted, and organized operations than in years past. 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. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. 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. Ninth Circuit Affirms Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment Protections Dont Apply. 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. Bookmarked content can then be accessed anytime on all of your logged in devices! 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. The officer asked Clayton if he had a name, Clayton said he did, but he didn't want to share it at the moment. Democrats Hiding That John Fetterman is Brain Dead to Prevent Special Election? On this Wikipedia the language links are at the top of the page across from the article title. "A first I was very surprised," Clayton told 11 News. 0:00. Turner posted the video of the incident on YouTube the next day. Many of the U.S. Nowadays cameras are everywhere. A version of this article first appeared on americanlibraries.org on August 26, 2021. by Eric Daigle Here Trials and Court Cases Follow Trials and Court Cases as they unfold. She notes that adapting OIFs blog post into a set of guidelines is on the Intellectual Freedom Committees agenda. Written policies can help staff members regulate behavior in a manner that respects every persons right to privacy and safety. The second officer went on to say Clayton was outside of a law enforcement facility acting suspiciously. If you would like to support us go here. Figure 1. cy. Whether you realize it or not you have probably seen a first amendment audit video before. 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. [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. Brown notes that, in preparation for the audit, some library staff took off their name tags to help preserve personal privacy. As always, staff training and consultation with your state library or legal counsel are important parts of this process. "Its more than just filming. 1983 alleging a violation of his First Amendment rights. But there may also be a relationship to the fact that libraries are open again.. A complaint Turner made against Fort Worth police officers was appealed to the 5th U.S. 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). 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. You are agreeing with Bobit Business Medias privacy policy and this outlined level consent! Infiltrated Planned Parenthood activities, First Amendment audits on Long Island and the east.! Or her identification and an explanation of their conduct interfere with public employees as they perform their on to,! 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