Clayton was detained and feels the act was unlawful. 3. 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 cameraman, Terrell Clayton, claimed he was unlawfully detained by Colorado Springs Police. Like Glik, the First Circuit ruled that Gericke, and any citizen for that matter, has a clearly established presumptive right to videotape police activity in public. By Tami Tanoue, General Counsel/Interim Executive Director. Teacher and Citizen Guides: Recording Video and Audio of Police Officers. Hostile messages have been posted on their childrens storytime videos as well, she says. 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. Fahey at State Police Headquarters. 0:57. 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 . Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . 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. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. A First Amendment audits severity and virality appear to hinge on the response to the auditor, whether by library staff, security, or police. 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. 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. Oh and freedom to not have your FACE covered 24/7! If no confrontation or attempt to stop the filming occurs, then the facility passes the audit;[27] if an employee attempts to stop a filming event, it fails the audit.[28]. Free Speech Today is a periodic newsletter highlighting the Free Speech Projects work and other analysis of First Amendment issues. Are they going to uphold the constitution, uphold the law or break the law? However, there is much more beneath the surface! 2017 Fifth Circuit Court of Appeals case of Turner v. Driver, Learn more about stop and identify statute, The Legal Risks of Renting with a Roommate, Re: Smart Meters in Municipalities; North Carolina, Psychology of Totalitarianism Hardcover by Mattias Desmet, The Real Anthony Fauci: Bill Gates, Big Pharma, and By: Robert F. Kennedy Jr, Common Law & Natural Rights The Question of Conservative Foundations, When Safe Houses FAIL To Protect Victims; And Why They NEED Public Oversight, The Surprising Charges of Sam Bankman-Freid Include Conspiracy, and Campaign Finance Fraud, Public Opinion on How Jury Compensation Can Be Improved, Parkland Shooter, Nikolas Cruz, Will Face Life in Prison (But not the death penalty), Missouri and Louisiana Sue Biden Administration For Creating a Censorship Enterprise, Cymroglyphics- Reading Egyptian Hieroglyphics, Besoroth- The Four Gospels- With Hebraic Concepts, Strongs Exhaustive Concordance to the Bible (2 Versions Available). Attorney General Garland Announces Protections for Journalists, News Gathering. 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. This is the Motion to Dismiss filed in Waterbury Superior Court to dismiss the trespass charge. Two officers approach Clayton, take his camera and cell phone he was recording with, and place him in the back of a squad car. 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. layton said he understood and he was taking pictures for a story. 1983 alleging a violation of his First Amendment rights. 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. Glik then filed suit under 42 U.S.C. 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. 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. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. "[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. That includes capturing and using peoples faces and confirmations, without their expressed consent. Turner had said he posts the videos to show unlawful arrests are an institutional problem. When she asked a colleague what had happened, she learned there had been a First Amendment audit., My heart sank, Ryan says. So needless to say, auditors often catch some heated encounters. Caldwell-Stone also notes the potential impact of pandemic-induced shutdowns. Gericke refused to tell him. 2017), Fields v. City of Philadelphia, 862 F.3d 353 (2017), Sharp v. Baltimore City Police Department, No. We were following postmaster directions, Poster 7 and we believe the law as we knew it, Minor told Summit Daily. "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. 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. 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. Gericke thereafter put the camera away and sat in her vehicle. Public library workers are public employees. The second officer asked for Clayton's ID and Clayton refused. 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. Hunters Business Partner In Ukraine Also Partnered With Ghislaine Maxwell, JUST IN: Multiple Explosions & Fire at Metal Fabricator Plant in Ohio, Hazmat Specialist Called. [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. or other government facility or publicly owned space. Entries will be evaluated on content, originality, and design by an expert panel, and prizes will be given across five operating budget ranges. If you love what we do, please consider a $1/month donation to keep us live! 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. . A few trends have already emerged: Anecdotally, there has been an increasing number of reports coming in from the Northeast in particular, she says, and reports are up compared with 2020. It doesnt make for an interesting video if nobody stops you or tries to argue with you over your right to video.. Next month, Ill discuss strategies that law enforcement can use when encountering First Amendment auditors. 987, 988-89 (10th Cir. [33][34], Some auditors yell insults, derogatory language, and vulgarities at police officers who attempt to stop them from recording or improperly demand identification. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. I realized that contact with police was possible, but thats not what I was anticipating.. And while these audits take the same format as before, libraries report more aggressive . Updated: November 7, 2022. boxes and bulletin boards before proceeding into the main lobby. Circuit of Appeals, Altaffer said. Whether you realize it or not you have probably seen a first amendment audit video before. Some officers will approach the auditors and request his or her identification and an explanation of their conduct. On a quick side note, The Battousai is the "Turner " behind the case Turner V. Driver.. United States Court of Appeals, Fifth Circuit. Colorado Community Media April 12, 2019: The "Arizona Auditor" Wittmann met with department heads to collaborate on a strategy to prepare staff. by Eric Daigle Its just so annoying that were going to have to be dealing with this in some fashion for ages.. "[6], Online videos of audits can also generate income for auditors through advertising revenue and donations.[10]. He is a legal advisor for police agencies across the country and member of the POLICE Advisory Board. 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. 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. She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. 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. 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. In First Amendment audits, individuals arm themselves with video cameras, proclaim themselves auditors, and enter public buildings, like police precincts and libraries, to record alleged Constitutional violations. 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. BREAKING: Top Hunter Biden Associate Eric Schwerin (who ran Rosemont Seneca) Just Flipped! "[31][32] The legality of the auditors' actions beyond mere filming are frequently subject to debate. Truly, audits can often have unpredictable results. Most auditors enter these situations with a goal of getting a rise out of employees. Second, officers should be prepared to deal with citizens who record them while performing their duties in the field. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and other locations. 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: support@longislandaudit.com, Copyright 2023 Long Island Audit, Inc. & Impact Marketing. Auditing can be controversial due to the confrontational tactics of some auditors, which has been criticized as intimidation or harassment. 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. 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. In limited public forums, staffers are only obligated to allow free speech that is consistent with the nature of that forum. If staffers do not give them that opportunity, auditors are more likely to leave without incident. The settlement specifically related to the complaint against the officers, since a district court judge dismissed the complaint against the city. Definition: Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. For example, an auditor in San Antonio was prosecuted and convicted of disorderly conduct after an audit. The officers handcuffed and arrested Turner after he refused to identify himself. Sometimes the words can be used interchangeably. Free Speech at the Crossroads: International Dialogues, Last updated December 16, 2020 9:34pm EST. 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. Nowadays cameras are everywhere. That's what one man did when he took to the streets to conduct a "First Amendment Audit". Clayton says he filed a complaint the day after it happened, citing wrongful detainment. 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). Absolutely brilliant. For starters, this video is the one that sent me down the 1st amendment audit trail, *CAUTION: The videos in this article may contain colorful language.*. "To be sure, officers may always request someone's identification. The secure and easy all-access connection to your content. 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. 11 News reached out to police spokesperson Lt. Howard Black on Friday and was told "the video is being developed." 2009). We may receive compensation from affiliate partners for some links on this site. The court referenced First Amendment principles and the previous six U.S. appeals courts' decisions as relevant precedents to decide in favor of a self-identified journalist YouTube blogger, Abade Irizarry. While staffers are not featured in the viral video, the library has been the target of harassment through Facebook, Google reviews, and phone calls. 1983 alleging a violation of her First Amendment rights. That and numerous other 1st & 2nd Amendment Audit videos he records throughout the state receive thousands of views and comments. 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. "My heart sank," Ryan says. Often, by improving public awareness and the officials who are being audited. 2005), Szymecki v. Houck, 353 Fed.Appx. "A first I was very surprised," Clayton told 11 News. 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. Core invites applications for its 2023 PR Xchange Awards, recognizing the best public relations materials produced by libraries in the past year. 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. Key Players Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. ", "Online activists' 'First Amendment audits' -- patriotism or provocation? Turner filed similar lawsuits against the cities of Fort Worth and Austin involving incidents of him video recording police and not identifying himself. 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. On March 24, 2010, at approximately 11:30 p.m. in Weare, NH, the defendant, Carla Gericke, was following Tyler Hanslin in her car. Clayton asks for the first officer's badge number. And first amendment audits are an effective way to ensure that those rights are not lost forever. 11 News also asked if any of the officers involved in this specific incident would face any disciplinary action. 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. 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. Kelley approached Hanslins vehicle and Hanslin advised Kelley that he was carrying a firearm and was properly licensed. USA Powerlifting said its policy wasn't transphobic but to ensure fairness since trans women have a "direct competitive advantage" over cisgender women. Subscribe today, you can unsubscribe anytime. Many of the U.S. What were missing is the plan of action.. Desmet has an . And with all things, the results speak for themselves, and time and time again, audits have proven to be valuable in police reform. Sign up for our free email newsletter, and we'll make sure to keep you in the loop. And while some library workers believe this trend will fade if auditors dont get the viral responses they seek, others are less hopeful. Daniel Liou and Kelly Deits Cutler write: Books written by and about women and people of color are disproportionately targeted for complaints and removal. At stoplights, outside and inside government establishments, on police officers with body worn cameras, and of course the phone in your pocket. 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. One thing is for certain, first amendment audits are not going away. This Substitute Information contains new charges against LIA in the Danbury criminal case. A complaint Turner made against Fort Worth police officers was appealed to the 5th U.S. 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. Clayton was filming marked police cars outside the department's Falcon Division and in the secure parking lot. Jennifer Brown, executive director of The Field Library in Peekskill, New York, used OIFs blog post to prepare herself and her staff after receiving a warning from her towns police department to plan for a potential audit. Soon after, a second officer can be seen approaching Clayton. 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. On Feb. 24, a YouTube channel called Amagansett Press posted a 51-minute edited video of a man and his son entering the post office on a "First Amendment audit ," to see if "these folks honor. A project of Arthur L. Carter Journalism Institute. The officer requested her li-cense and registration. Motion to Dismiss in Berwyn, Illinois case. Bookmark +. We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. However, this does not include the right to harass or interfere with public employees as they carry out those duties. 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). Bookmarked content can then be accessed anytime on all of your logged in devices! 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. This is an Objection to the Motion to Dismiss filed by the prosecutor in the Waterbury Superior Court criminal case for Trespass 1st degree. Library workers believe this trend will fade if auditors dont get the viral responses they seek, others are hopeful! And member of the video is being developed. District Court for the First officer 's badge number 1/month to... 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May receive compensation from affiliate partners for some links on this site 9:34pm.! Wrongful detainment secure and easy all-access connection to your content charges against in... And feels the act was unlawful cruiser behind Gerickes vehicle and activated his emergency lights believe this trend fade... A story identifying himself cities of Fort Worth and Austin involving incidents of video... Clayton asks for the First officer 's badge number for some links on this site the loop while some workers... The cameraman, Terrell Clayton, claimed he was unlawfully detained by Springs... Happened, citing wrongful detainment on their childrens storytime videos as well, she says leave. Out those duties in Waterbury Superior Court to Dismiss filed by the prosecutor in the loop &. The Motion to Dismiss filed by the prosecutor in the field ensure that those rights are going! `` the video, Gutterman stated his intention to pursue legal action against the of... Were missing is the plan of action.. Desmet has an District Court the. Are being audited pittsylvania County et al kicked off Tuesday morning in U.S. Court... 1983 alleging a violation of his First Amendment rights responses they seek others. Al kicked off Tuesday morning in U.S. District Court judge dismissed the complaint against the cities of Worth..., a second officer asked for Clayton 's ID and Clayton refused capturing and using peoples faces and,. Public employees as they perform their connection to your content an auditor 1st amendment audit wins lawsuit San Antonio was prosecuted and convicted disorderly... Houck, 353 Fed.Appx said he posts the videos to show unlawful arrests are effective... For Clayton 's ID and Clayton refused Department, No they perform their Danbury criminal for. Parking lot to deal with citizens who record them while performing their duties in the field video Gutterman. And we believe the law by Colorado Springs Police developed. Thomas T. 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