He was restrained by police officers in both incidents. The case of Glik v. Cunniffe is one of the more influential, and oft-cited cases in this line of jurisprudence. So, what is the point of a 1st amendment audit? 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. [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. When Kerr and Schiller refused to comply, they allege that the officer forced them to the ground, telling them they were trespassing on jail property. SICK: Bill Gates + 6,000 Child Porno Images? Caldwell-Stone says her office has helped individual libraries develop policies and make improvements to existing ones. 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. As the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." 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. She notes that adapting OIFs blog post into a set of guidelines is on the Intellectual Freedom Committees agenda. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and others. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . These documents describe Long Island Audit's 1st Amendment Auditing voyage over the last eighteen (18) months. 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. [11][12][13][14][15][16] Such events have prompted police officials to release information on the proper methods of handling such an activity. 2005), Szymecki v. Houck, 353 Fed.Appx. [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. 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. A copy of the judges decision DISMISSING the criminal trespass charge in the Waterbury (CT) case. Official Court transcript of hearing in disorderly conduct case. by Eric Daigle Its really protecting all of our rights," said Clayton. This further complicates how to handle these auditors because they may not actually break a law. 3. [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 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. 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. Daniel Liou and Kelly Deits Cutler write: Books written by and about women and people of color are disproportionately targeted for complaints and removal. Circuit of Appeals, Altaffer said. Whether you realize it or not you have probably seen a first amendment audit video before. According to a report by The Daily Beast, the growing popularity of auditing videos online has led to "ruthless competition" between auditors, which incentivizes more dramatic videos. That includes capturing and using peoples faces and confirmations, without their expressed consent. Bookmark +. 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 These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. The city just settled the claim in May. 1983 alleging a violation of her First Amendment rights. Next month, Ill discuss strategies that law enforcement can use when encountering First Amendment auditors. Read our full Disclosure. Are they going to uphold the constitution, uphold the law or break the law? . Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. Know your rights and responsibilities. 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." Thats what one man did when he took to the streets to conduct a First Amendment Audit. "My heart sank," Ryan says. And first amendment audits are an effective way to ensure that those rights are not lost forever. 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. 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. Some auditors will purposefully engage in argumentative, harassing or outright aggressive behavior in order to solicit a reaction from government employees, especially law enforcement. 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. What were all so exhausted by is the fact that this is not going to go away. However, there is much more beneath the surface! When she asked a colleague what had happened, she learned there had been a "First Amendment audit.". As always, staff training and consultation with your state library or legal counsel are important parts of this process. In the post office video, Gutterman debated with law enforcement officers for several minutes inside the building before moving outside to continue the conversation. Some officers will approach the auditors and request his or her identification and an explanation of their conduct. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. . Colorado Springs to pay cameraman $41,000 after First Amendment audit of police. Many auditors have also changed antiquated departmental policies through lawsuits, including forcing departments to adopt body cameras and respect First Amendment rights., In this video from the Audit the Audit Youtube channel, you will see an interaction between the first amendment auditor and a police officer who misunderstands the law. Thank you! 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. He acted as his own attorney and won the case! When she asked a colleague what had happened, she learned there had been a First Amendment audit., My heart sank, Ryan says. Officers reportedly discussed how to proceed with the local postmaster via telephone as the exchange with Gutterman went on. Oh and freedom to not have your FACE covered 24/7! 10th Circuit Court of Appeals Upholds Public Right to Record Police. Clayton says he filed a complaint the day after it happened, citing wrongful detainment. 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. 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.. And with all things, the results speak for themselves, and time and time again, audits have proven to be valuable in police reform. 2023 POLICE Magazine. The Underground Auditor won his case today in court! If a First Amendment auditor is not violating any behavior policies, avoid engaging. Stay tuned for future articles on first amendment audits! The second officer went on to say Clayton was outside of a law enforcement facility acting suspiciously. 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 . 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? If you would like to support us go here. 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. Here Trials and Court Cases Follow Trials and Court Cases as they unfold. 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. Motion to Dismiss in Berwyn, Illinois case. First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. "That's why I'm contacting you, does that make sense?". "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. Anytime we leave an opening, they find it.. 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. "A right not exercised is a right lost.". Written policies can help staff members regulate behavior in a manner that respects every persons right to privacy and safety. Teacher and Citizen Guides: Recording Video and Audio of Police Officers. At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. And while the format of these audits is familiar, libraries are reporting more aggressive, targeted, and organized operations than in years past. Bookmarked content can then be accessed anytime on all of your logged in devices! 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. Ninth Circuit Affirms Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment Protections Dont Apply. 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. 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. 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.". Informing members of the public about their rights. . Second, officers should be prepared to deal with citizens who record them while performing their duties in the field. 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. He encountered some Maskholes in the wild almost right away. And holding government officials accountable. Sometimes the words can be used interchangeably. 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. He didnt get a rise out of anybody, so he was kind of deflated and left. First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. The terms of the settlement include a $41,000 check for Clayton and his lawyers. 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. The secure and easy all-access connection to your content. [4] Critics argue that audits are often confrontational in nature, as auditors often refuse to self-identify or explain their activities. 2. 987, 988-89 (10th Cir. 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. Shortly after Gutterman entered the main post office, several employees and a number of customers reportedly asked him to stop filming and leave. One thing is for certain, first amendment audits are not going away. 0:57. The video later cuts back to his camera recording audio of the officers talking. What were missing is the plan of action.. 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. Clayton was filming marked police cars outside the department's Falcon Division and in the secure parking lot. Both Gericke and Hanslin pulled over and Sergeant Kelley parked his cruiser between the two. Alison Doherty writes: Unit sales of romance novels grew 41% in 2021, and July 2022 marked the high point of romance novel sales. The officers Sergent quickly corrected the other officer. 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. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. This supposed copwatcher is obviously someone who hates the US Constitution! If you love what we do, please consider a $1/month donation to keep us live! For some, it is about the views and being as abrasive as possible. We may receive compensation from affiliate partners for some links on this site. When he refused, Silverthorne police officers were called to intervene, leading to a lengthy and somewhat contentious exchange between Gutterman and the officers, according to Summit Daily News. Stacy Wittmann, director of Eisenhower Public Library District (EPLD) in Harwood Heights, Illinois, took this advice when she heard some libraries were experiencing First Amendment audits. Does the First Amendment protect them, or can the state prohibit the recording of police activity? Summit Daily News reported that lawyers from both sides met shortly after the incident to agree on a settlement. Preparing for a First Amendment audit is often a librarys best defense against a viral outcome. 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. A First Amendment audits severity and virality appear to hinge on the response to the auditor, whether by library staff, security, or police. We invite you to become a WeLoveTrump insider. Jason Gutterman, amagansett press files a lawsuit against BCSO and Lynn Police Departments in Florida for unlawful arrest and violation of 1st and many more amendments of the constitution. Black said an internal review is "in progress.". Remote Island Tribe That Believed Prince Phillip Was God Has Lin Wood Live From Tulsa: "There's Your Q!". President Trump Shares HUGE Win For Election Integrity! In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. 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). And while some library workers believe this trend will fade if auditors dont get the viral responses they seek, others are less hopeful. [10] Police will sometimes charge auditors with disorderly conduct when they engage in behavior that could be considered unlawful. Circuit Courts of Appeal as well as the U.S. Department of Justice have ruled that citizens have the First Amendment right to film police performing their duties in public (such as in Glik). 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. Clayton asks for the first officer's badge number. 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. BREAKING: Top Hunter Biden Associate Eric Schwerin (who ran Rosemont Seneca) Just Flipped! We respect your data and privacy. I am a Constitutional activist who conducts 1st Amendment Audits on Long Island and the east coast. Observing and record law enforcement activities, or in this case video recording a public building while standing in a public place, without interfering with any law enforcement activity, is a legitimate means of gathering information for public dissemination and is therefore speech protected by the First Amendment to the United States Constitution, reads the complaint. The officer asked Clayton if he had a name, Clayton said he did, but he didn't want to share it at the moment. 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. [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. 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 . boxes and bulletin boards before proceeding into the main lobby. Auditors refusing to identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential or perceived crimes. He will go live tonight at 8:00 PM on his channel the Underground Auditor to explain how he. 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.. 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. 852, 853 (4th Cir. 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. Charge in the secure parking lot Court Cases Follow Trials and Court Cases Follow Trials Court... Audit. & quot ; My heart sank, & quot ; First Amendment audits audits on Long and! 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