They call themselves "First Amendment auditors" but police say they're just a pain. I wasnt looking for trouble. That's what one man did when he took to the streets to conduct a "First Amendment Audit". Many of the U.S. She had learned about these encounters in 2020 and knew what they entailed. We value your opinions, and would love to see you add to the discussion! In fact, I could see very easily how they could make those situations worse.. Clayton asks for the first officer's badge number. A project of Arthur L. Carter Journalism Institute. The First Amendment of the U.S. Constitution provides that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. I feel like they made it worse, she says. And first amendment audits are an effective way to ensure that those rights are not lost forever. I dont think working with police is a scalable way of addressing this issue, says Alison Macrina, director of the Library Freedom Project. We want YOU the viewer to be kept up to date on everything that LIA is doing and to betotally transparentregarding his activities. 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. A publication of the American Library Association, 225 N. Michigan Ave., Suite 1300, Chicago, IL 60601, Auditing the First Amendment at Your Public Library. Caldwell-Stone advises that staff refrain from intervening unless an auditor is violating behavior policies or harassing staff members or patrons. ", "They roam public buildings, making videos. 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). Staffers should be familiar with these policies to mitigate behavioral violations that may occur during an audit. Recently, one Colorado municipality agreed to pay a "First Amendment Auditor" $41,000 to settle a wrongful detention claim. 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. First Amendment Audits 101: Policing the Police - Healing Law- Legal News and Information on Laws, Court Cases, and Police Legal News Stay up to date on current changes to laws, proposed legislation, and current events. The auditor stayed in the building for only six minutes. 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. 11 News also asked if any of the officers involved in this specific incident would face any disciplinary action. A complaint Turner made against Fort Worth police officers was appealed to the 5th U.S. 0:57. Many of the U.S. 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. [10] Police will sometimes charge auditors with disorderly conduct when they engage in behavior that could be considered unlawful. Officer Montplaisir arrived on scene and demanded to see where the camera was. When the court did that, he felt that accomplished one of his objectives.. Public library workers are public employees. 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.. 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. All charges were dismissed. 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. 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. The officer added he was "making a threat assessment.". We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. Libraries should clearly identify all nonpublic spaces inside the building, such as bathrooms, offices, break rooms, work areas, and reservable private study spaces. 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." Fahey at State Police Headquarters. "My heart sank," Ryan says. 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. [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. 0:00. This is the IA investigation report issued by Captain Ceruti of the Ct State Police. The goals of a first amendment audit truly depend on the auditors themselves. Nowadays cameras are everywhere. I am a Constitutional activist who conducts 1st Amendment Audits on Long Island and the east coast. However, there is much more beneath the surface! He will go live tonight at 8:00 PM on his channel the Underground Auditor to explain how he. After parking her car in the lot, Gericke got out and approached the fence that separated the lot from the road. . The major points from this article are the following: 1. Should be paid 3 million in my opinion. BREAKING: Top Hunter Biden Associate Eric Schwerin (who ran Rosemont Seneca) Just Flipped! As is commonly done by First Amendment auditors, Kerr and Schiller posted the incident on their YouTube channels. 1983 alleging a violation of his First Amendment rights. But given the circumstances wed do it differently. or other government facility or publicly owned space. The caution came after an encounter at a nearby library resulted in a viral video. Thats what one man did when he took to the streets to conduct a First Amendment Audit. 852, 853 (4th Cir. Know your rights and responsibilities. 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. 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. Absolutely brilliant. . In June 2020, Metz, who operates. Two officers approach Clayton, take his camera and cell phone he was recording with, and place him in the back of a squad car. Clayton says he was filming as part of the First Amendment Audits movement. by Eric Daigle 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. 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. In limited public forums, staffers are only obligated to allow free speech that is consistent with the nature of that forum. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. 16-10312 (5th Cir. 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. 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. 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. 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. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. Stopping of suspect (1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him. Eric Daigle is founder of Daigle Law Group, LLC, a firm that specializes in law enforcement operations. The settlement specifically related to the complaint against the officers, since a district court judge dismissed the complaint against the city. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. All Rights Reserved. This has given rise to citizen journalists who record and disseminate videos of police officers performing their duties in public. What were missing is the plan of action.. Are they going to uphold the constitution, uphold the law or break the law? In it, you can see Clayton walking outside of the police department substation. Oh and freedom to not have your FACE covered 24/7! 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. The police were called shortly after the auditors arrival at the building. I feel very cynical about it, says Macrina. 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. It doesnt make for an interesting video if nobody stops you or tries to argue with you over your right to video.. Whether you realize it or not you have probably seen a first amendment audit video before. "Its more than just filming. "That's why I'm contacting you, does that make sense?". A First Amendment audits severity and virality appear to hinge on the response to the auditor, whether by library staff, security, or police. 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. 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. 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.". 11 News first shared the video in November. He is a legal advisor for police agencies across the country and member of the POLICE Advisory Board. Due to mounting political pressures, harassment, and even death threats, some teachers and administrators have had to recalibrate their curriculum plans and determine if such texts will be viewed as unpatriotic, anti-police, pornographic, or anti-white. Turner had said he posts the videos to show unlawful arrests are an institutional problem. 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. Round . Definition: Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. "[40] Auditors state that they seek to educate the public that photography is not a crime, while publicizing cases where officers illegally stop what is perceived as illegal conduct. Turner filed suit against the officers and the department nearly two years after police restrained him at police headquarters. [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. [10], The legality of recording in public was first clearly established in the United States following the case of Glik v. Cunniffe,[30] which confirmed that restricting a person's right to film in public would violate their First and Fourth amendment rights. Were living in a time where there is a little more contention over politics, and some of it may be coming from that, she says. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. "[31][32] The legality of the auditors' actions beyond mere filming are frequently subject to debate. [4] Critics argue that audits are often confrontational in nature, as auditors often refuse to self-identify or explain their activities. The building is just off of North Academy Boulevard and Kelly Johnson Boulevard. 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. Whats still uncertain is how 2021 numbers compare with those from before the COVID-19 pandemic, when more libraries were open. What were all so exhausted by is the fact that this is not going to go away. The library has since eliminated the ability to comment on its Facebook posts, which has quelled some of the harassment. The cameraman, Terrell Clayton, claimed he was unlawfully detained by Colorado Springs Police. Zelensky Exposed (Literally): This Is The Guy We Are Sending Billions To? Its just so annoying that were going to have to be dealing with this in some fashion for ages.. Tunnels and Jail Cells Under DCNow EXPOSED! Clayton says he filed a complaint the day after it happened, citing wrongful detainment. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. I think we, as library workers, really need to prepare ourselves.. ", "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. For Ryan in New England, police involvement escalated tension during her librarys audit, she says. In other words, library behavior and privacy policies can often supersede an individuals right to film or photograph the space. 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