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Free Speech at the Crossroads: International Dialogues, Last updated December 16, 2020 9:34pm EST. Understand the librarys role as a limited public forum. Law enforcement should be prepared to deal with First Amendment auditors and they constitutionally have a right to film law enforcement at certain times. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. 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. 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. In June 2020, Metz, who operates. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. Below you will find variousdocuments, letters, motions, complaints, FOIA/OpenRecordsrequests, news articles, etc. 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. The second officer went on to say Clayton was outside of a law enforcement facility acting suspiciously. 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). 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. 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. I think we, as library workers, really need to prepare ourselves.. Some auditors will purposefully engage in argumentative, harassing or outright aggressive behavior in order to solicit a reaction from government employees, especially law enforcement. Updated: November 7, 2022. "It's what I was looking for," said Clayton. " 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. 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. Thats what one man did when he took to the streets to conduct a First Amendment Audit. Glik was charged with violating the wiretap statute, disturbing the peace, and aiding in the escape of a prison-er. "To be sure, officers may always request someone's identification. Ryan*, a librarian working in New England, was confused when she received an email from library administration about a man who had been banned from the building. June 15, 2022
She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. Long Island provoker Sean-Paul Reyes, 30, said he raked in $8,000 in his first. Frequently, local law enforcement is called and the auditor is sometimes reported as a suspicious person and are often also identified as having been on private property. When she asked a colleague what had happened, she learned there had been a "First Amendment audit.". 0:00. All the charges were subsequently dismissed for lack of probable cause. First posted October 19, 2020 6:23am EDT If you love what we do, please consider a $1/month donation to keep us live!
And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. Figure 1. cy. 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.". Clayton asks for the first officer's badge number. 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. This supposed copwatcher is obviously someone who hates the US Constitution! First Amendment audits. Please VISIT my social media accounts: I strongly believe in exercising our First Amendment rights in a respectful manner. "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. 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. 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.*. And with all things, the results speak for themselves, and time and time again, audits have proven to be valuable in police reform. 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. 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). 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. The two men were arrested but were later released without charges being filed. And holding government officials accountable. We knew what to expect, what this guy would try to do, what the policies from ALA are, and what our own policies were, she says. The 1st amendment protects your freedom of speech and expression (including cuss words) and freedom of the press (who is anyone that collects information for dissemination to the public). Essentially a case that reinforces the fact that 1st amendment audits are protected by the constitution, especially refusing to identify just "because." The secure and easy all-access connection to your content. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. Whats still uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more libraries were open. Turner filed similar lawsuits against the cities of Fort Worth and Austin involving incidents of him video recording police and not identifying himself. Tunnels and Jail Cells Under DCNow EXPOSED! Written policies can help staff members regulate behavior in a manner that respects every persons right to privacy and safety. 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. "A right not exercised is a right lost.". They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. Maskholes always want to rule over YOU, but they dont like it at all when the light gets shined on them. In it, you can see Clayton walking outside of the police department substation. 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. 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. 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. Massimino posted his video. 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. Stay tuned for future articles on first amendment audits! At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. 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. 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. 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. 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. Caldwell-Stone says her office has helped individual libraries develop policies and make improvements to existing ones. The police were called shortly after the auditors arrival at the building. So needless to say, auditors often catch some heated encounters. Clayton says he was filming as part of the First Amendment Audits movement. Are they going to uphold the constitution, uphold the law or break the law? 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. NATIONAL POLL: Will You Vote For Trump A THIRD Time? He didnt get a rise out of anybody, so he was kind of deflated and left. The lawsuit also focused on the May 2021 meeting when Solicitor Peter Amuso ended the public comments by Daly, Marshall, and Abrams. Glik then filed suit under 42 U.S.C. In fact, I could see very easily how they could make those situations worse.. Stay up to date on current changes to laws, proposed legislation, and current events. Again, Gericke refused. A First Amendment audits severity and virality appear to hinge on the response to the auditor, whether by library staff, security, or police. The conversation continued and the second officer said he "wasn't buying it," in regards to Clayton's story. 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. 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. 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. Citing disorderly conduct, a misdemeanor. Official Court transcript of hearing in disorderly conduct case. 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. (The judge has ordered a supplemental memorandum of law, which will be posted here and court argument on October 29, 2021). Turner had said he posts the videos to show unlawful arrests are an institutional problem. All Rights Reserved. And as these cases see a resurgence, library staffers are split on whether they feel preparedfor the audits themselves or their aftermath. Absolutely brilliant. ", "Online activists' 'First Amendment audits' -- patriotism or provocation? First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. Glik v. Cunniffe, 655 F.3d 78 (1st Cir. This is the IA investigation report issued by Captain Ceruti of the Ct State Police. Colorado law reads: 16-3-103. Oh and freedom to not have your FACE covered 24/7! Public library workers are public employees. Most auditors enter these situations with a goal of getting a rise out of employees. The Court further advised that such peaceful recording of an arrest in a public space that does not interfere with the police officers performance of their duties is not reasonably subject to limitation. As a result, the Court concluded we see no basis in the law for a reasonable officer to conclude that such a conspicuous act of recording was secret merely because the officer did not have actual knowledge of whether audio was being recorded. Notably, the Court determined that this state of the law was well established at the time of the arrest, and there-fore, denied the officers claim for qualified immunity from Gliks First Amendment claim. 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. Ryan*, a librarian working in New England, was confused when she received an email from library administration about a man who had been banned from the building. 1983 alleging a violation of her First Amendment rights. As long as the auditor remains in a public place where they are legally allowed to be, they have the right to record anything in plain view, subject to time, place, and manner restrictions. The individuals and groups undertaking these self-described "First Amendment audits" claim a right to film . Warning..do NOT, I repeat do NOT, be a MASKHOLE. or other government facility or publicly owned space. He will go live tonight at 8:00 PM on his channel the Underground Auditor to explain how he. 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. President Trump Shares HUGE Win For Election Integrity! Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. [5][6] Some auditors have also been known to enter public buildings asserting that they have a legal right to openly carry firearms, leading to accusations that auditors are engaged in intimidation, terrorism, and the sovereign citizen movement. 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. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. 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. Anytime we leave an opening, they find it.. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom. Free Speech Today is a periodic newsletter highlighting the Free Speech Projects work and other analysis of First Amendment issues. In the post office video, Gutterman debated with law enforcement officers for several minutes inside the building before moving outside to continue the conversation. 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. "[31][32] The legality of the auditors' actions beyond mere filming are frequently subject to debate. [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. "The First Amendment is not a game setting for the government to toggle off and on," the judge wrote. 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. Hostile messages have been posted on their childrens storytime videos as well, she says. Largely American social movement that usually involves photographing or filming from a public space for non-commercial purposes individual develop! Patrons 1st amendment audit wins lawsuit computers always want to rule over you, but they dont like it all. Subsequently dismissed for lack of probable cause. `` future articles on First Amendment issues one man when... 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