When the so-called auditor arrived 10 days later, Brown says she felt ready. Our attorney affirmed the fact that we acted appropriately. Phone Number: 210-207-7420. (The judge has ordered a supplemental memorandum of law, which will be posted here and court argument on October 29, 2021). Turner posted the video of the incident on YouTube the next day. Sometimes the words can be used interchangeably. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. Clayton responded, saying it did make sense. 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 . Maskholes are most typically seen in security guards, airline flight attendants and clerks of all kinds. The conversation continued and the second officer said he "wasn't buying it," in regards to Clayton's story. This is the deposition notice filed in the lawsuit against the New Rochelle police and school board defendants. In it, you can see Clayton walking outside of the police department substation. All the charges were subsequently dismissed for lack of probable cause. A version of this article first appeared on americanlibraries.org on August 26, 2021. 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. Read our full Disclosure. 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. 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. ", "Online activists' 'First Amendment audits' -- patriotism or provocation? The officer said he would be happy to give him all the information when they were done talking. Glik then filed suit under 42 U.S.C. Libraries should clearly identify all nonpublic spaces inside the building, such as bathrooms, offices, break rooms, work areas, and reservable private study spaces. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . However, this does not include the right to harass or interfere with public employees as they carry out those duties. What were all so exhausted by is the fact that this is not going to go away. "My heart sank," Ryan says. 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. Clayton asks for the first officer's badge number. ", "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. Official Court transcript of hearing in disorderly conduct case. 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. (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.) Whats still uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more libraries were open. 987, 988-89 (10th Cir. By Tami Tanoue, General Counsel/Interim Executive Director. This supposed copwatcher is obviously someone who hates the US Constitution! Staffers should be familiar with these policies to mitigate behavioral violations that may occur during an audit. Clayton says regardless, he considers the settlement a victory. 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. 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. All charges were dismissed. Massimino posted his video. 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. 2009). This is Motion for Return of Seized Property in the Danbury Superior Court criminal case for criminal trespass 1st degree and breach of peace at Danbury City Hall. At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. By 2019, more than 81% of Americans owned a smartphone, as compared to 35% in 2011. 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. Gericke moved her car to the adjacent Weare Middle School parking lot to wait for Hanslin. And as these cases see a resurgence, library staffers are split on whether they feel preparedfor the audits themselves or their aftermath. 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). [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. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. Library workers should take steps to limit an auditors ability to cause harm. First posted October 19, 2020 6:23am EDT 0:57. Learn more about stop and identify statutes. Glik was charged with violating the wiretap statute, disturbing the peace, and aiding in the escape of a prison-er. 10th Circuit Court of Appeals Upholds Public Right to Record Police. If I schedule something [on Facebook], and it posts, and I forget to go in and turn off commenting, they jump right on that, she says. As always, staff training and consultation with your state library or legal counsel are important parts of this process. 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. Law enforcement officers took an oath to . At first glance, a first amendment audit may appear to be a pointless action. I think we, as library workers, really need to prepare ourselves.. For Ryan in New England, police involvement escalated tension during her librarys audit, she says. Well, at least sometimes, but frequently the simple act of walking into a space and filming causes people to act up. 11 News first shared the video in November. Colorado Springs to pay cameraman $41,000 after First Amendment audit of police. A project of Arthur L. Carter Journalism Institute, New York University. 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. Label all private spaces. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. Watch this brilliant piece of journalism right here safely on Rumble: Please share your thoughts about this article below. Its just so annoying that were going to have to be dealing with this in some fashion for ages.. Daniel Liou and Kelly Deits Cutler write: Books written by and about women and people of color are disproportionately targeted for complaints and removal. 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. 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 . 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 Subscribe today, you can unsubscribe anytime. Kelley approached Hanslins vehicle and Hanslin advised Kelley that he was carrying a firearm and was properly licensed. What were missing is the plan of action.. Creating this identification can provide clearer guidance when a First Amendment auditor violates library policy. 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.. And first amendment audits are an effective way to ensure that those rights are not lost forever. [33][34], Some auditors yell insults, derogatory language, and vulgarities at police officers who attempt to stop them from recording or improperly demand identification. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. The goals of a first amendment audit truly depend on the auditors themselves. 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. 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.*. Eric Daigle is founder of Daigle Law Group, LLC, a firm that specializes in law enforcement operations. He didnt get a rise out of anybody, so he was kind of deflated and left. 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. Updates and exclusive content straight to your email inbox. Thank you! On this Wikipedia the language links are at the top of the page across from the article title. "Its more than just filming. That's what one man did when he took to the streets to conduct a "First Amendment Audit". The individuals and groups undertaking these self-described "First Amendment audits" claim a right to film . 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. He acted as his own attorney and won the case! These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. The Underground Auditor won his case today in court! More recently, auditors appear to be targeting smaller libraries whose staff might not have the resources and experience to de-escalate a volatile encounter. At stoplights, outside and inside government establishments, on police officers with body worn cameras, and of course the phone in your pocket. I feel like they made it worse, 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). We rely on our readers to keep our mission moving forward! Brown notes that, in preparation for the audit, some library staff took off their name tags to help preserve personal privacy. . Maskholes always want to rule over YOU, but they dont like it at all when the light gets shined on them. 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. 2012), Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. Most auditors enter these situations with a goal of getting a rise out of employees. She had learned about these encounters in 2020 and knew what they entailed. Having watched the video and seen how the police engaged with him, its really frustrating. 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. Sometimes, auditors will tell property owners upon questioning that they are photographing or recording for a story, they are photographing or recording for their "personal use", or sometimes auditors do not answer questions. 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. Transcript of the hearing before the judge in the Berwyn case, wherein case was nolled. The officer added he was "making a threat assessment.". I dont think working with police is a scalable way of addressing this issue, says Alison Macrina, director of the Library Freedom Project. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. Nowadays cameras are everywhere. Long Island provoker Sean-Paul Reyes, 30, said he raked in $8,000 in his first. 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). He will go live tonight at 8:00 PM on his channel the Underground Auditor to explain how he. A former Connecticut State Police officer, Daigle focuses on civil rights actions, including police misconduct litigation. 852, 853 (4th Cir. Round . 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. 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. 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