[4] Critics argue that audits are often confrontational in nature, as auditors often refuse to self-identify or explain their activities. Sign up for our free email newsletter, and we'll make sure to keep you in the loop. 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 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. For others, their aim is to actually make a difference, protect our rights, enforce the Constitution. The officers Sergent quickly corrected the other officer. Our next case to review in terms of the right to film is Gericke v. Begin. What were missing is the plan of action.. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. However, this does not include the right to harass or interfere with public employees as they carry out those duties. Watch this brilliant piece of journalism right here safely on Rumble: Please share your thoughts about this article below. This is the transcript of LIAs first appearance in the Danbury criminal case, where the judge found probable cause despite the police report being devoid of facts to support such finding. Ninth Circuit Affirms Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment Protections Dont Apply. As the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." The Texas Municipal League Intergovernmental Risk Pool, which handles liability and special risks coverages for local governments, provided the $6,500 settlement to Turner following negotiations between Altaffer and Mike Thompson, an attorney retained by the TML. Definition: Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. 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. 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. 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. This is a copy of the actual Complaint issued for the arrest of SeanPaul Reyes for Disorderly Conduct by the Berwyn PD on 11/8/2021. Circuit Courts of Appeal have ruled, and the U.S. Department of Justice has taken the position, that citizens have a First Amendment right to film police performing their duties in public. We will also post news articles that have appeared in various publications about Long Island Audit. Next month, Ill discuss strategies that law enforcement can use when encountering First Amendment auditors. Key Players Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. Gericke refused to tell him. Attorney General Garland Announces Protections for Journalists, News Gathering. 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. 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. We respect your data and privacy. Clayton responded, saying it did make sense. 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. That and numerous other 1st & 2nd Amendment Audit videos he records throughout the state receive thousands of views and comments. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. The library has since eliminated the ability to comment on its Facebook posts, which has quelled some of the harassment. The goals of a first amendment audit truly depend on the auditors themselves. When the court did that, he felt that accomplished one of his objectives.. Oh and freedom to not have your FACE covered 24/7! 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. This supposed copwatcher is obviously someone who hates the US Constitution! Turner posted the video of the incident on YouTube the next day. 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. We rely on our readers to keep our mission moving forward! The city just settled the claim in May. 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 . Citing disorderly conduct, a misdemeanor. 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. Preparing for a First Amendment audit is often a librarys best defense against a viral outcome. In a decision handed down last week, the U.S. Court of Appeals for the 4th Circuit agreed that Wingate's rights were violated. 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. A Lebanon County judge convicted "First Amendment auditor" Charles Lanza on Wednesday of summary disorderly conduct, a charge that stemmed from a confrontation between Lanza and a sheriff's. That was one of the goals, was the court to say that you have a First Amendment right to record police, Altaffer said. 11 News first shared the video in November. Read our full Disclosure. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. [29] While filming in public is legal, such activity may cause some people to feel alarmed. 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.. 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. The way that they came in, itching for a fight, is everything that this guy wanted.. Staffers should be familiar with these policies to mitigate behavioral violations that may occur during an audit. (The judge has ordered a supplemental memorandum of law, which will be posted here and court argument on October 29, 2021). And holding government officials accountable. I think we, as library workers, really need to prepare ourselves.. 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. Sometimes the words can be used interchangeably. Both Gericke and Hanslin pulled over and Sergeant Kelley parked his cruiser between the two. 2005), Szymecki v. Houck, 353 Fed.Appx. Transcript of the hearing before the judge in the Berwyn case, wherein case was nolled. Your California Privacy Rights/Privacy Policy. Is this someone who supports the US Constitution? The Underground Auditor won his case today in court! The second officer asked for Clayton's ID and Clayton refused. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. The officer said he would be happy to give him all the information when they were done talking. This has given rise to citizen journalists who record and disseminate videos of police officers performing their duties in public. More recently, auditors appear to be targeting smaller libraries whose staff might not have the resources and experience to de-escalate a volatile encounter. 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? In both instances, the recording is not usually passive, meaning the auditor often takes an active role in engaging with the public safety personnel, challenging them on applicable laws, and in some cases, attempting to escalate the situation in order to garner support from their audience or followers. Officer Ken . 987, 988-89 (10th Cir. 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. If you would like to support us go here. And money is their motive. For example: In a recent first amendment audit (video below) by Amagansett Press, the interaction begins with the 1st amendment auditor being asked to leave a public facility for not wearing a mask. Bookmark +. 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. Clayton says regardless, he considers the settlement a victory. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . At one point his original video stops and a new video he shot on his cell phone starts in the backseat of a squad car where a conversation takes place between Clayton and an officer. The auditor stayed in the building for only six minutes. layton said he understood and he was taking pictures for a story. At first glance, a first amendment audit may appear to be a pointless action. Turner had said he posts the videos to show unlawful arrests are an institutional problem. 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 . Alison Doherty writes: Unit sales of romance novels grew 41% in 2021, and July 2022 marked the high point of romance novel sales. Some officers will approach the auditors and request his or her identification and an explanation of their conduct. Label all private spaces. BREAKING: Top Hunter Biden Associate Eric Schwerin (who ran Rosemont Seneca) Just Flipped! by Eric Daigle 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. Maskholes are most typically seen in security guards, airline flight attendants and clerks of all kinds. Hostile messages have been posted on their childrens storytime videos as well, she says. Follow Trials and Court Cases as they unfold. I feel like they made it worse, she says. This is a complaint to the FBI filed against Danbury police Officers Utter and Farrell for civil rights violations that occurred in Danbury on June 9, 2021 and July 15, 2021. And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. 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