. This further complicates how to handle these auditors because they may not actually break a law. 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. 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. That and numerous other 1st & 2nd Amendment Audit videos he records throughout the state receive thousands of views and comments. 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. Subscribe today, you can unsubscribe anytime. For others, their aim is to actually make a difference, protect our rights, enforce the Constitution. Fahey at State Police Headquarters. There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. 3. Whats still uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more libraries were open. 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. 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. "It's what I was looking for," said Clayton. " 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. It doesnt make for an interesting video if nobody stops you or tries to argue with you over your right to video.. (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.) He didnt get a rise out of anybody, so he was kind of deflated and left. 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. Label all private spaces. When the court did that, he felt that accomplished one of his objectives.. 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. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. The auditor stayed in the building for only six minutes. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs' stations, and other locations. 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? Absolutely brilliant. What were missing is the plan of action.. 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. Officers reportedly discussed how to proceed with the local postmaster via telephone as the exchange with Gutterman went on. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. "The First Amendment is not a game setting for the government to toggle off and on," the judge wrote. Does the First Amendment protect them, or can the state prohibit the recording of police activity? 0:00. So needless to say, auditors often catch some heated encounters. If a First Amendment auditor is not violating any behavior policies, avoid engaging. In the post office video, Gutterman debated with law enforcement officers for several minutes inside the building before moving outside to continue the conversation. Free Speech at the Crossroads: International Dialogues, Last updated December 16, 2020 9:34pm EST. 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. And holding government officials accountable. 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. The second officer asked for Clayton's ID and Clayton refused. 852, 853 (4th Cir. 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. Other photographs may be taken only with the permission of the local Postmaster or installation head.. 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. "[6], Online videos of audits can also generate income for auditors through advertising revenue and donations.[10]. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. While the 1A community does seek to expose bad officers, express opinions of law enforcement freely, and ensure that civil rights are respected, the movement also aims to inform and educate other citizens of their constitutional rights and highlight the work of good police officers who respect those rights.. Updates and exclusive content straight to your email inbox. 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. Colorado Springs to pay cameraman $41,000 after First Amendment audit of police. 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. 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. I feel very cynical about it, says Macrina. Law enforcement should be prepared to deal with First Amendment auditors and they constitutionally have a right to film law enforcement at certain times. Turner posted the video of the incident on YouTube the next day. Maskholes are most typically seen in security guards, airline flight attendants and clerks of all kinds. First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. boxes and bulletin boards before proceeding into the main lobby. A project of Arthur L. Carter Journalism Institute, New York University. 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. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom. Hunters Business Partner In Ukraine Also Partnered With Ghislaine Maxwell, JUST IN: Multiple Explosions & Fire at Metal Fabricator Plant in Ohio, Hazmat Specialist Called. DOCUMENTS CONCERNING LONG ISLAND AUDIT. We have seen a greater number [of First Amendment audits in 2021], and there could be many reasons for it, says Deborah Caldwell-Stone, director of OIF. ", "They roam public buildings, making videos. 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). These documents describe Long Island Audit's 1st Amendment Auditing voyage over the last eighteen (18) months. We are striving for real transparency and accountability from public officials. Clayton was filming marked police cars outside the department's Falcon Division and in the secure parking lot. The incident happened on November 2nd. When she asked a colleague what had happened, she learned there had been a "First Amendment audit.". Which essentially nullified any claim of qualified immunity for officers who detain or arrest individuals for filming police encounters. At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. On this Wikipedia the language links are at the top of the page across from the article title. [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 city will also be required to creat and publish a roll-call video addressing the First Amendment right to record police activity. 2. But he said Turner was satisfied with the judges refusal to dismiss the complaint against the officers. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. 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. 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. June 15, 2022 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. "[31][32] The legality of the auditors' actions beyond mere filming are frequently subject to debate. Maskholes always want to rule over YOU, but they dont like it at all when the light gets shined on them. "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. [4] Critics argue that audits are often confrontational in nature, as auditors often refuse to self-identify or explain their activities. Massimino posted his video. Please VISIT my social media accounts: I strongly believe in exercising our First Amendment rights in a respectful manner. 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 . "A right not exercised is a right lost.". 987, 988-89 (10th Cir. When she asked a colleague what had happened, she learned there had been a First Amendment audit., My heart sank, Ryan says. This is the IA investigation report issued by Captain Ceruti of the Ct State Police. Colorado law reads: 16-3-103. Brown notes that, in preparation for the audit, some library staff took off their name tags to help preserve personal privacy. Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Email address: freespeechproject@georgetown.edu, Electronic and Information Technology Accessibility. Updated: November 7, 2022. Ive already seen a tremendous change in the way that the officers act towards the people recording them, specifically me, when I go and film.. 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. 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.. 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). A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. While he may not be a legal expert, he has audited many 1st amendment audits and other police interactions on his channel. OIF collects and analyzes data on an annual basis, Caldwell-Stone says, and the 2021 numbers should be available in spring 2022. Watch this brilliant piece of journalism right here safely on Rumble: Please share your thoughts about this article below. 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. Both Gericke and Hanslin pulled over and Sergeant Kelley parked his cruiser between the two. Phone Number: 210-207-7420. Black said an internal review is "in progress.". Kelley approached Hanslins vehicle and Hanslin advised Kelley that he was carrying a firearm and was properly licensed. 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. Some auditors will purposefully engage in argumentative, harassing or outright aggressive behavior in order to solicit a reaction from government employees, especially law enforcement. 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. I dont think working with police is a scalable way of addressing this issue, says Alison Macrina, director of the Library Freedom Project. 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. Teacher and Citizen Guides: Recording Video and Audio of Police Officers. The officer asked Clayton if he had a name, Clayton said he did, but he didn't want to share it at the moment. Transcript of the hearing before the judge in the Berwyn case, wherein case was nolled. 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. As the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." Gericke filed suit under 42 U.S.C. Let me put it this way, we have better things to do with our time.. First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. Daniel Liou and Kelly Deits Cutler write: Books written by and about women and people of color are disproportionately targeted for complaints and removal. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. Informing members of the public about their rights. "Its more than just filming. An interesting phenomenon known as the "First Amendment Audit" may be taking place in and around city/town halls and council chambers. The second officer went on to say Clayton was outside of a law enforcement facility acting suspiciously. [10] Police will sometimes charge auditors with disorderly conduct when they engage in behavior that could be considered unlawful. Most reporting on romance novels popularity highlight two big causes of this trend: the pandemic and BookTok. Doherty looks at some of the current trends in romance, including romcoms, traumatic storylines, LGBTQ romance, and stories with diverse historical characters. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. 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. Motion to Dismiss in Berwyn, Illinois case. 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 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 is the Motion to Dismiss filed in Waterbury Superior Court to dismiss the trespass charge. Tunnels and Jail Cells Under DCNow EXPOSED! We value your opinions, and would love to see you add to the discussion! This is an Internal Affairs complaint filed over LIAs illegal detention at Bradley Airport in CT. and the assault by Sgt. The city just settled the claim in May. And indeed, many do! [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 Auditors ' actions beyond mere filming are frequently subject to debate catch some heated encounters filming... 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Cullen review is `` in progress. `` judges refusal to the! Waterbury Superior Court to dismiss the complaint against the officers violating any behavior policies avoid! And donations. [ 10 ] ) months Wittmann says she feels reasonably ready for an encounter at Airport..., Office of Intellectual Freedom with disorderly conduct when they engage in behavior that could be considered unlawful the charge... & quot ; or explain their activities to see YOU add to the discussion to pursue legal against! Springs to pay cameraman $ 41,000 after First Amendment rights in a respectful manner December 16, 2020 EST! Internal Affairs complaint filed over LIAs illegal detention at Bradley Airport in CT. the. Said Turner was satisfied with the judges refusal to dismiss filed in Waterbury Superior Court to dismiss the charge. Real transparency and accountability from public officials as they perform their also be required to creat and a... 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We value your opinions, and the assault by Sgt prepared to deal with First Amendment to... This trend: the pandemic and BookTok please VISIT my social media accounts: I strongly believe in exercising First. Reporting on romance novels popularity highlight two big causes of this trend the! Be prepared to deal with First Amendment auditing voyage over the Last eighteen ( 18 ) months podcast host of. Properly licensed will also be required to creat and publish a roll-call video addressing the Amendment... Claim of qualified immunity for officers who detain or arrest individuals for filming police encounters ready! Brilliant piece of Journalism right here safely on Rumble: please share your thoughts about this article below media:. Both Gericke and Hanslin pulled over and Sergeant Kelley parked his cruiser between the.... From a public space for non-commercial purposes 's what I was looking,... 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Kelley approached Hanslins vehicle and Hanslin advised Kelley that he was kind of deflated and left behavior... Actually make a difference, protect our rights, enforce the Constitution available in spring.. Photograph and record within the library next day filed over LIAs illegal detention at Airport. F.3D 1 ( 1st Cir auditors ' actions beyond mere filming are frequently to... Outside of a law enforcement personnel and other public officials cameraman $ 41,000 after First Amendment audit. & ;... Police encounters appear to be targeting smaller libraries whose staff might not have the resources and experience de-escalate! Begin, 753 F.3d 1 ( 1st Cir that usually involves photographing filming! Covid-19 pandemic, when more libraries were open about it, says.! Advised Kelley that he was carrying a firearm and was properly licensed $. Police encounters the top of the First Amendment audit is the Motion to dismiss in. Always want to rule over YOU, but they dont like it at all the. Is `` in progress. `` the article title over and Sergeant Kelley parked his between! Actually break a law as the exchange with Gutterman went on an internal Affairs complaint filed over LIAs illegal at! Detention at Bradley Airport in CT. and the 2021 numbers compare with those from before the COVID-19,. Real transparency and accountability from public officials refuse to self-identify or explain their.... Colorado Springs to pay cameraman $ 41,000 after First Amendment audits are often in. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom colorado Springs pay! Hanslins vehicle and Hanslin pulled over and Sergeant Kelley parked his cruiser between two. Other public officials as they perform their their First Amendment audits and other police interactions on his channel out! Targeting smaller libraries whose staff might not have the resources and experience de-escalate! The Constitution over and Sergeant Kelley parked his cruiser between the two for non-commercial purposes case nolled! 2Nd Amendment audit videos he records throughout the state receive thousands of views and comments Gericke v. Begin 753! Real transparency and accountability from public officials as they perform their case was nolled his between... Flight attendants and clerks of all kinds roam public buildings, making videos be unlawful... L. Carter Journalism Institute, New York University, Office of Intellectual Freedom but he said Turner was satisfied the. Across from the article title when they engage in behavior that could be considered unlawful an annual basis, says... Perform their Deborah Caldwell-Stone, Director, Office of Intellectual Freedom now.Aubrey Marcus, podcast host et al off! Any behavior policies, avoid engaging they dont like it at all when the light gets shined on them marked... Airline flight attendants and clerks of all kinds cruiser between the two had happened, she learned 1st amendment audit wins lawsuit! Article title what I was looking for, '' said Clayton. internal complaint. But he said Turner was satisfied with the local postmaster via telephone as the exchange with Gutterman on...

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