Essentially a case that reinforces the fact that 1st amendment audits are protected by the constitution, especially refusing to identify just "because." Oh and freedom to not have your FACE covered 24/7! Which essentially nullified any claim of qualified immunity for officers who detain or arrest individuals for filming police encounters. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. 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. 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. Massimino posted his video. Law enforcement should be prepared to deal with First Amendment auditors and they constitutionally have a right to film law enforcement at certain times. For others, their aim is to actually make a difference, protect our rights, enforce the Constitution. 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. 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. [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]. Remote Island Tribe That Believed Prince Phillip Was God Has Lin Wood Live From Tulsa: "There's Your Q!". Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Email address: freespeechproject@georgetown.edu, Electronic and Information Technology Accessibility. 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. Read our full Disclosure. [25][26], An auditor selects a public facility and then films the entire encounter with staff and customers alike. Wittmann met with department heads to collaborate on a strategy to prepare staff. 2014), ACLU v. Alvarez, 679 F.3d 583 (7th Cir. Just this week, a local family filed a lawsuit in an unrelated incident after they were held at gunpoint during a drug raid which the police claim was a mistake and others claim was retaliation . Colorado law reads: 16-3-103. "A first I was very surprised," Clayton told 11 News. While he may not be a legal expert, he has audited many 1st amendment audits and other police interactions on his channel. [Video Topics]First amendment auditing, first amendment audit success, first amendment rights explained, how to handle first amendment auditors, first amendment audit Georgia, what is a first amendment audit, 1st amendment rights audit#firstamendment #freedom #freespeech #secondamendment #freedomofspeech #america #constitution #usa #censorship #liberty #tyranny #truth #wethepeople #billofrights #godblessamerica #news #protest #lawsuit[Chapters]00:00 Location01:00 1st Amendment Audit02:00 Walk Around03:00 Cops Arrive04:00 Questioning Auditor05:00 Rights Violation06:00 Threat of Arrest07:00 Arrest08:00 ConclusionAmagansett Press Original Arrest Video:https://www.youtube.com/watch?v=gbj0GBiJ0Rw Justice League Transparencyhttps://www.youtube.com/channel/UCA5onXkf2h5PTbEJ054XSLw Join this channel to get access to perks:https://www.youtube.com/channel/UCoR8p6mpnG_Fq0Td-SY3quA/join Please visit the following Channels, Like \u0026 Subscribe:Amagansett Press https://www.youtube.com/watch?v=uIH-vW-pKLsSponsorship inquiries: Please visit \"About\" Page for email! Please like \u0026 Subscribe to my Channel: https://www.youtube.com/channel/UCoR8p6mpnG_Fq0Td-SY3quA?sub_confirmation=1 Send a Donation using Stripehttps://buy.stripe.com/9AQ02JaHa2xOeu4cMN[First Amendment Auditing Equipment]Camera: Canon HF G40 https://amzn.to/3yvmejdMicrophone: Rode Video Mic Pro https://amzn.to/321NI42Flashlight: WUBEN 1200 Lumens https://amzn.to/3pUVKUxScanner: Uniden BCD436HP https://amzn.to/322AXpYBody Cam: CammPro I826 HD https://amzn.to/31SUn0KPhone {Live}: OnePlus 9 Pro https://amzn.to/3EZZnPfCamera Stabalizer: DJI Ronin-S 3 Axis https://amzn.to/3dOgMyyAmagansett Press Equipment Used:DJI RSC 2 - 3-Axis Gimbal Stabilizerhttps://amzn.to/3qajjddSony a9 II Mirrorless Camerahttps://amzn.to/3t6Rjt0Sony FE 14mm F1.8 GM Large-Aperture Wide Anglehttps://amzn.to/3zF39M0Rode Video Mic Pro Plus On-Camera Shotgun Microphonehttps://amzn.to/3HPprO9Thank YouWorldRenownedCFE Maskholes are most typically seen in security guards, airline flight attendants and clerks of all kinds. Clayton responded, saying it did make sense. 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. Turner had said he posts the videos to show unlawful arrests are an institutional problem. Ninth Circuit Affirms Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment Protections Dont Apply. Republicans in Florida County Pass Resolution to BAN COVID-19 Jab. 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 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. She had learned about these encounters in 2020 . Are they going to uphold the constitution, uphold the law or break the law? He encountered some Maskholes in the wild almost right away. high marks on preserving First Amendment rights", "Candid Cameras: How to Respond to a First Amendment Audit", https://cases.justia.com/federal/appellate-courts/ca7/11-1286/11-1286-2012-05-08.pdf?ts=1411041480, "Public Recording of Police Activities; Instructor's Guide", "There Is a Constitutional Right of the Public to Film the Official Activities of Police Officers in a Public Place", "City of San Antonio Successfully Prosecutes Individual for Disrupting Police Officers during Course of Duty", "McManus: YouTubers confronting officers use first amendment as 'guise' to attack police", "Local YouTuber speaks out after conviction", "Everyone Has the Right to Mouth Off to Cops", "Court: First Amendment protects profanity against police", "Can You Be Arrested for Cursing at the Police? What were all so exhausted by is the fact that this is not going to go away. Let me put it this way, we have better things to do with our time.. 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Colorado Community Media April 12, 2019: The "Arizona Auditor" They call themselves "First Amendment auditors" but police say they're just a pain. The lawsuit also focused on the May 2021 meeting when Solicitor Peter Amuso ended the public comments by Daly, Marshall, and Abrams. Its just so annoying that were going to have to be dealing with this in some fashion for ages.. Shortly after Gutterman entered the main post office, several employees and a number of customers reportedly asked him to stop filming and leave. We rely on our readers to keep our mission moving forward! During the entire interaction, he remains calm, professional, and . 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. Stay up to date on current changes to laws, proposed legislation, and current events. That's what one man did when he took to the streets to conduct a "First Amendment Audit". In it, you can see Clayton walking outside of the police department substation. The second officer went on to say Clayton was outside of a law enforcement facility acting suspiciously. Summit Daily News reported that lawyers from both sides met shortly after the incident to agree on a settlement. [4] Critics argue that audits are often confrontational in nature, as auditors often refuse to self-identify or explain their activities. 2000), Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. The library has since eliminated the ability to comment on its Facebook posts, which has quelled some of the harassment. When she asked a colleague what had happened, she learned there had been a First Amendment audit., My heart sank, Ryan says. On December 28, 2018, Jedon Kerr and Dean Schiller stood on a public sidewalk across the street from the Boulder County jail, filming the area on their cellphones. According to their complaint, a Boulder Deputy Sheriffs officer approached them and demanded identification. 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). The internet is forever, and any time this guy decides to post an update, its going to refresh the vitriol, Ryan says. [2][3] Auditors believe that the movement promotes transparency and open government. We may receive compensation from affiliate partners for some links on this site. 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. Kelley approached Hanslins vehicle and Hanslin advised Kelley that he was carrying a firearm and was properly licensed. But given the circumstances wed do it differently. We value your opinions, and would love to see you add to the discussion! The auditor stayed in the building for only six minutes. Most auditors enter these situations with a goal of getting a rise out of employees. And while the format of these audits is familiar, libraries are reporting more aggressive, targeted, and organized operations than in years past. Know your rights and responsibilities. A copy of the judges decision DISMISSING the criminal trespass charge in the Waterbury (CT) case. There are many different cases that have set this precedent, and in fact, many cases were pushed by auditors themselves. Circuit of Appeals, Altaffer said. 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. Two officers approach Clayton, take his camera and cell phone he was recording with, and place him in the back of a squad car. 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. 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. 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. The city just settled the claim in May. [33][34], Some auditors yell insults, derogatory language, and vulgarities at police officers who attempt to stop them from recording or improperly demand identification. 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). Oh and freedom to not have your FACE covered 24/7! 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. 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. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. ", "Online activists' 'First Amendment audits' -- patriotism or provocation? 852, 853 (4th Cir. 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. Clayton says he filed a complaint the day after it happened, citing wrongful detainment. 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. When the court did that, he felt that accomplished one of his objectives.. Such an order, even when directed at a person who is filming, may be appropriate for legitimate safety reasons. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . layton said he understood and he was taking pictures for a story. Both Gericke and Hanslin pulled over and Sergeant Kelley parked his cruiser between the two. 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). For Ryan in New England, police involvement escalated tension during her librarys audit, she says. Trending: SICK: Bill Gates + 6,000 Child Porno Images? Thank you! When he refused, Silverthorne police officers were called to intervene, leading to a lengthy and somewhat contentious exchange between Gutterman and the officers, according to Summit Daily News. He is a legal advisor for police agencies across the country and member of the POLICE Advisory Board. When she asked a colleague what had happened, she learned there had been a "First Amendment audit.". Your California Privacy Rights/Privacy Policy. Watch this brilliant piece of journalism right here safely on Rumble: Please share your thoughts about this article below. Officer Ken . 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. Whats still uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more libraries were open. [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. ", "Blind Justice escorted out of meeting by police in latest free speech test", "Lawmaker Who Pushed Bill to Protect People Filming Police Arrested for Filming Police", https://en.wikipedia.org/w/index.php?title=First_Amendment_audits&oldid=1142292803, Freedom of expression in the United States, First Amendment to the United States Constitution, All articles with bare URLs for citations, Articles with bare URLs for citations from March 2022, Articles with PDF format bare URLs for citations, Short description is different from Wikidata, Articles with unsourced statements from June 2020, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 1 March 2023, at 16:18. This supposed copwatcher is obviously someone who hates the US Constitution! 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. 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. Gericke refused to tell him. Macrina says that library workers should use their own networks to prepare for encounters. This Substitute Information contains new charges against LIA in the Danbury criminal case. First Amendment audits. [22], Auditors typically travel to places considered public property, such as sidewalks or public right-of-ways, or places open to the public, such as post offices, police stations, public libraries[23] or other government buildings, and visibly and openly photograph and record buildings and persons in their view. Many of the U.S. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and others. Sign up for our free email newsletter, and we'll make sure to keep you in the loop. Know when to engage. ", "They roam public buildings, making videos. The officer asked Clayton if he had a name, Clayton said he did, but he didn't want to share it at the moment. I feel like they made it worse, she says. The individuals and groups undertaking these self-described "First Amendment audits" claim a right to film . 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. In limited public forums, staffers are only obligated to allow free speech that is consistent with the nature of that forum. The officer said he would be happy to give him all the information when they were done talking. Office and filming P.O time.. Bookmark + workers should use their own networks to prepare staff supposed... 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