The city just settled the claim in May. Massimino posted his video. Soon after, a second officer can be seen approaching Clayton. 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. 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. 1983 alleging a violation of her First Amendment rights. Again, Gericke refused. Informing members of the public about their rights. He acted as his own attorney and won the case! Libraries should clearly identify all nonpublic spaces inside the building, such as bathrooms, offices, break rooms, work areas, and reservable private study spaces. 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. by Eric Daigle
We rely on our readers to keep our mission moving forward! Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Email address: freespeechproject@georgetown.edu, Electronic and Information Technology Accessibility. Some courts have even taken this one step further, ruling that secret audio recording of law enforcement officials performing their duties in public is protected by the First Amendment, subject only to reasonable time, place, and manner restrictions. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. The activists argued that its project was protected by the First Amendment, but the U.S. Court of Appeals for the Ninth Circuit affirmed that no journalist is above the law. 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. 2. 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." "When people take pictures of government buildings, in particular, a police department, it does cause some concerns," you can hear an officer stating to Clayton in the video. Free Speech at the Crossroads: International Dialogues, Last updated December 16, 2020 9:34pm EST. She notes that adapting OIFs blog post into a set of guidelines is on the Intellectual Freedom Committees agenda. Oh and freedom to not have your FACE covered 24/7! 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. Democrats Hiding That John Fetterman is Brain Dead to Prevent Special Election? 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). Several US Courts of Appeals have upheld a private citizens right to record audio and video of public employees carrying out their duties in a public space regardless of their consent. 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. 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. Definition: Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. Warning..do NOT, I repeat do NOT, be a MASKHOLE. All charges were dismissed. This is the Motion to Dismiss filed in Waterbury Superior Court to dismiss the trespass charge. Your California Privacy Rights/Privacy Policy. The caution came after an encounter at a nearby library resulted in a viral video. This document was sent to State of Connecticut prosecutor Stephen Sedensky by Marc Stout (on youtube as Legalized Drugs). Zelensky Exposed (Literally): This Is The Guy We Are Sending Billions To? This is the deposition notice filed in the lawsuit against the New Rochelle police and school board defendants. The group released the project "Human Capital" in 2015, which includes various documentary-like videos accusing Planned Parenthood clinics in California of selling aborted fetal tissue. He was restrained by police officers in both incidents. I dont think working with police is a scalable way of addressing this issue, says Alison Macrina, director of the Library Freedom Project. We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. Auditors refusing to identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential or perceived crimes. NATIONAL POLL: Will You Vote For Trump A THIRD Time? A version of this article first appeared on americanlibraries.org on August 26, 2021. But there may also be a relationship to the fact that libraries are open again.. She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. But he said Turner was satisfied with the judges refusal to dismiss the complaint against the officers. 1st Amendment Audit Galveston PD Illegal Arrest PT 1 of 4 11/4/2015 Watch on A Galveston Police Department sergeant in Texas has been indicted on misdemeanor accusations of unlawfully. If staffers do not give them that opportunity, auditors are more likely to leave without incident. (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.) Below you will find variousdocuments, letters, motions, complaints, FOIA/OpenRecordsrequests, news articles, etc. The officer added he was "making a threat assessment.". 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.. As is the case in many courthouses, a library can regulate photography or filming inside the building even if the facility is open to the public. Which essentially nullified any claim of qualified immunity for officers who detain or arrest individuals for filming police encounters. 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. 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. 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 . By the end of the video, the auditor re-enters the facility with the police officers, conducts his audit, and leaves. These documents describe Long Island Audit's 1st Amendment Auditing voyage over the last eighteen (18) months. 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. Know when to engage. Understand the librarys role as a limited public forum. "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. 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 the request of the Postal Service employees and based on the best information available to them at the time, the Silverthorne police officers asked the videographer to leave the premises, Silverthorne Police Chief John Minor said in a statement. And as these cases see a resurgence, library staffers are split on whether they feel preparedfor the audits themselves or their aftermath. So, what is the point of a 1st amendment audit? We will also post news articles that have appeared in various publications about Long Island Audit. 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. 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. Read our full Disclosure. Summit Daily News reported that lawyers from both sides met shortly after the incident to agree on a settlement. Applications are due by April 15. 0:57. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and other locations. 1995), Turner v. Driver, No. Anytime we leave an opening, they find it.. If you would like to support us go here. Colorado law reads: 16-3-103. 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? Turner had said he posts the videos to show unlawful arrests are an institutional problem. At the end of the day, as rough as first amendment auditing is, it does accomplish certain goals that may not other be achieved by other means. Wittmann met with department heads to collaborate on a strategy to prepare staff. What were all so exhausted by is the fact that this is not going to go away. Long Island provoker Sean-Paul Reyes, 30, said he raked in $8,000 in his first. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. They arrested him and kept him in jail for 3 days. Motion to Dismiss in Berwyn, Illinois case. Gericke filed suit under 42 U.S.C. She had learned about these encounters in 2020 . Updated: November 7, 2022. Its no secret, now more than ever the Rights of the People are being squandered by the government. The case of Glik v. Cunniffe is one of the more influential, and oft-cited cases in this line of jurisprudence. 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. An anti-abortion group of self-proclaimed citizen journalists, Center for Medical Progress, secretly videotaped Planned Parenthood after creating false identities and a fake company to infiltrate restricted areas. [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. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. [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. 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. . Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. 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. Our next case to review in terms of the right to film is Gericke v. Begin. Gutterman claimed the video was for news purposes, specifically his Amagansett Press channel. 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. 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. Clayton says he was filming as part of the First Amendment Audits movement. All officers must watch that video by December 31, 2018. For others, their aim is to actually make a difference, protect our rights, enforce the Constitution. Turner filed similar lawsuits against the cities of Fort Worth and Austin involving incidents of him video recording police and not identifying himself. Figure 1. cy. 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. [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. The library has since eliminated the ability to comment on its Facebook posts, which has quelled some of the harassment. 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. That's what one man did when he took to the streets to conduct a "First Amendment Audit". [35] After the trial, the Chief of Police for the City of San Antonio stated "[the verdict] puts a dagger in the heart of their First Amendment excuse for insulting police officers"[36] Despite the San Antonio Police Chief's statement, insulting the police is consistently treated as constitutionally protected speech.[37][38][39]. For some, it is about the views and being as abrasive as possible. Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. Most auditors enter these situations with a goal of getting a rise out of employees. DOCUMENTS CONCERNING LONG ISLAND AUDIT. 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. Glik then filed suit under 42 U.S.C. The video later cuts back to his camera recording audio of the officers talking. Does the First Amendment protect them, or can the state prohibit the recording of police activity? 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. 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. Absolutely brilliant. Some officers will approach the auditors and request his or her identification and an explanation of their conduct. All Rights Reserved. The public-facing departments did go over all our policies with their staff, she says. 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. If a First Amendment auditor is not violating any behavior policies, avoid engaging. Gericke refused to tell him. 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. On this Wikipedia the language links are at the top of the page across from the article title. And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. First posted October 19, 2020 6:23am EDT The lawsuit also focused on the May 2021 meeting when Solicitor Peter Amuso ended the public comments by Daly, Marshall, and Abrams. Fahey at State Police Headquarters. 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. We value your opinions, and would love to see you add to the discussion! There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. Likewise, other courts across the country have determined that there may be restrictions placed upon a citizens right to record under certain circumstances, such as in situations during traffic stops, sobriety checkpoints, and at times on public properties. Trending: SICK: Bill Gates + 6,000 Child Porno Images? Here Trials and Court Cases Follow Trials and Court Cases as they unfold. These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. While staffers are not featured in the viral video, the library has been the target of harassment through Facebook, Google reviews, and phone calls. When the so-called auditor arrived 10 days later, Brown says she felt ready. 1:11-cv-02888-BEL, McCormick v. City of Lawrence, 130 Fed.Appx. 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