Key Players Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. And while some library workers believe this trend will fade if auditors dont get the viral responses they seek, others are less hopeful. The officers Sergent quickly corrected the other officer. "[31][32] The legality of the auditors' actions beyond mere filming are frequently subject to debate. Turner posted the video of the incident on YouTube the next day. Bookmarked content can then be accessed anytime on all of your logged in devices! [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. Some auditors will purposefully engage in argumentative, harassing or outright aggressive behavior in order to solicit a reaction from government employees, especially law enforcement. We invite you to become a WeLoveTrump insider. The First Circuit Court of Appeals ruled that a citizens right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment.. 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. 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. Warning..do NOT, I repeat do NOT, be a MASKHOLE. 16-10312 (5th Cir. . The city of Colorado Springs will pay $41,000 after an encounter between two police officers and a self-proclaimed amendment audiotr went viral on Youtube. 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. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . Clayton asks for the first officer's badge number. 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. As a result of this phenomenon, many agencies are evaluating how to respond to these so-called auditors. Many of these encounters do not escalate, however, there are some encounters that have become challenging for law enforcement. This further complicates how to handle these auditors because they may not actually break a law. Informing members of the public about their rights. The city just settled the claim in May. And while these audits take the same format as before, libraries report more aggressive . In a decision handed down last week, the U.S. Court of Appeals for the 4th Circuit agreed that Wingate's rights were violated. Turner filed similar lawsuits against the cities of Fort Worth and Austin involving incidents of him video recording police and not identifying himself. Massimino posted his video. 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. 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. The video later cuts back to his camera recording audio of the officers talking. 852, 853 (4th Cir. The major points from this article are the following: 1. He was restrained by police officers in both incidents. 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. The library has since eliminated the ability to comment on its Facebook posts, which has quelled some of the harassment. Anytime we leave an opening, they find it.. Circuit of Appeals, Altaffer said. Free Speech Today is a periodic newsletter highlighting the Free Speech Projects work and other analysis of First Amendment issues. 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. 2017), Fields v. City of Philadelphia, 862 F.3d 353 (2017), Sharp v. Baltimore City Police Department, No. It doesnt make for an interesting video if nobody stops you or tries to argue with you over your right to video.. We value your opinions, and would love to see you add to the discussion! The incident happened on November 2nd. As the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." "My heart sank," Ryan says. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and others. When the court did that, he felt that accomplished one of his objectives.. So, what is the point of a 1st amendment audit? The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and other locations. The group released the project "Human Capital" in 2015, which includes various documentary-like videos accusing Planned Parenthood clinics in California of selling aborted fetal tissue. 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. 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. 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? The lawsuit also focused on the May 2021 meeting when Solicitor Peter Amuso ended the public comments by Daly, Marshall, and Abrams. In it, you can see Clayton walking outside of the police department substation. That includes capturing and using peoples faces and confirmations, without their expressed consent. A First Amendment audits severity and virality appear to hinge on the response to the auditor, whether by library staff, security, or police. 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. A former Connecticut State Police officer, Daigle focuses on civil rights actions, including police misconduct litigation. 2000), Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. 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. 2009). But he said Turner was satisfied with the judges refusal to dismiss the complaint against the officers. Written policies can help staff members regulate behavior in a manner that respects every persons right to privacy and safety. But there may also be a relationship to the fact that libraries are open again.. Some officers will approach the auditors and request his or her identification and an explanation of their conduct. For example, an auditor in San Antonio was prosecuted and convicted of disorderly conduct after an audit. Second, officers should be prepared to deal with citizens who record them while performing their duties in the field. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. Trending: SICK: Bill Gates + 6,000 Child Porno Images? Round . "A right not exercised is a right lost.". There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. Gutterman claimed the video was for news purposes, specifically his Amagansett Press channel. 2. The terms of the settlement include a $41,000 check for Clayton and his lawyers. Colorado Springs to pay cameraman $41,000 after First Amendment audit of police. 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. Label all private spaces. And with all things, the results speak for themselves, and time and time again, audits have proven to be valuable in police reform. [25][26], An auditor selects a public facility and then films the entire encounter with staff and customers alike. Through our research, we developed a critical inclusivity framework with five concurrent leadership practices to reclaim contested curriculum materials. 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. At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. [19], The practice is predominantly an American concept, but it has also been seen in other countries including the United Kingdom,[20][21] Canada, India[citation needed], and Russia. I feel like they made it worse, she says. Please VISIT my social media accounts: I strongly believe in exercising our First Amendment rights in a respectful manner. USA Powerlifting said its policy wasn't transphobic but to ensure fairness since trans women have a "direct competitive advantage" over cisgender women. 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. OIF collects and analyzes data on an annual basis, Caldwell-Stone says, and the 2021 numbers should be available in spring 2022. Our attorney affirmed the fact that we acted appropriately. Since posting its first video in December 2018, Guttermans channel has amassed, as of October 18, 2020, over 200,000 subscribers and 250 videos, the majority of which containing interactions with law enforcement and public officials. 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. These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. While staffers are not featured in the viral video, the library has been the target of harassment through Facebook, Google reviews, and phone calls. We are striving for real transparency and accountability from public officials. 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. 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). 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. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. Sign up for our free email newsletter, and we'll make sure to keep you in the loop. Additionally, every time the so-called auditor updates his YouTube channel, the calls and comments begin again. 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. Feel free to improve the article, but do not remove this notice before the discussion is closed and do not, %5B%5BWikipedia%3AArticles+for+deletion%2FFirst+Amendment+audits%5D%5D, International Association of Chiefs of Police, U.S. Court of Appeals for the 5th Circuit, Auditing Britain photography is not a crime (PINAC), "Photographers - What To Do If You Are Stopped Or Detained For Taking Photographs", "First Amendment Audits and How to Respond California Association of Labor Relations Officers", "First Amendment videotaped audit of police leads to investigation", "Courting arrest for online clicks and the First Amendment - ExpressNews.com", "What is 'auditing,' and why did a YouTuber get shot for doing it? "Its more than just filming. 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). While some audits end in lawsuits, most accomplish more nuanced and self-less aims including: John Lang, Creator of Audit the Audit expands on some of the goals of a first amendment audit: The prevailing intents of a First Amendment audit are accountability and awareness. George Metz, among a growing number of First Amendment auditors who push tolerance limits of public officials, filed the civil lawsuit in U.S. District Court. This is the deposition notice filed in the lawsuit against the New Rochelle police and school board defendants. I feel very cynical about it, says Macrina. In other words, library behavior and privacy policies can often supersede an individuals right to film or photograph the space. This is the Motion to Dismiss filed in Waterbury Superior Court to dismiss the trespass charge. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs' stations, and other locations. 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. The case of Glik v. Cunniffe is one of the more influential, and oft-cited cases in this line of jurisprudence. 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." 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. . A version of this article first appeared on americanlibraries.org on August 26, 2021. The police were called shortly after the auditors arrival at the building. "That's why I'm contacting you, does that make sense?". 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. The officer added he was "making a threat assessment.". All officers must watch that video by December 31, 2018. 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. (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.) We were following postmaster directions, Poster 7 and we believe the law as we knew it, Minor told Summit Daily. Maskholes are most typically seen in security guards, airline flight attendants and clerks of all kinds. However, there is much more beneath the surface! The conversation continued and the second officer said he "wasn't buying it," in regards to Clayton's story. Auditing will likely always be rough around the edges because it involves boots-on-the-ground activism, and the movements funnel to change generally starts with a negative police encounter., However, the effectiveness of auditing, both as a social movement and within the courtroom, should not be understated, as it has significantly contributed to the national realization that our current policing system is dysfunctional.. At first glance, a first amendment audit may appear to be a pointless action. Summit Daily News reported that lawyers from both sides met shortly after the incident to agree on a settlement. While he may not be a legal expert, he has audited many 1st amendment audits and other police interactions on his channel. They call themselves "First Amendment auditors" but police say they're just a pain. 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). [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. [7][8][9], Auditors tend to film or photograph government buildings, equipment, access control points and sensitive areas, as well as recording law enforcement or military personnel present. First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. This is a copy of the Internal Affairs complaint filed by LIA after being illegally trespassed from City Hall in New Rochelle, NY. 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). What were missing is the plan of action.. 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. Terrorism experts say they may be dangerous", "Documents Show 100 Officers From 28 Law Enforcement Agencies Accessed A Photographer's Records", "Alabama Cop Snatches Camera from Man Recording Police Station", "The Insane New Path to YouTube Fame: Taunt Cops and Film It", "Viral video of Ohio police causes outrage, crashes phone line", "Man Recording Police Files Complaint After Officer Draws Gun", "YouTube personality 'Furry Potato' shot and wounded outside L.A. synagogue", "How a team of YouTubers went to war with a Texas police chief", "See Boulder Jail Cops Bust Men for Taking Video on Public Sidewalk", "You're on camera: How police should respond to a 'First Amendment audit', "Filming in Public: How should the police respond to UK Auditors? Transcript of the hearing before the judge in the Berwyn case, wherein case was nolled. A project of Arthur L. Carter Journalism Institute, New York University. More recently, auditors appear to be targeting smaller libraries whose staff might not have the resources and experience to de-escalate a volatile encounter. by Eric Daigle 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). Hostile messages have been posted on their childrens storytime videos as well, she says. I am a Constitutional activist who conducts 1st Amendment Audits on Long Island and the east coast. Preparing for a First Amendment audit is often a librarys best defense against a viral outcome. "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. 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. Other courts across the country have determined that citizens have a First Amendment right to record law enforcement personnel performing their duties in in public. [2][3] Auditors believe that the movement promotes transparency and open government.