Macrina says that library workers should use their own networks to prepare for encounters. A version of this article first appeared on americanlibraries.org on August 26, 2021. 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. Some officers will approach the auditors and request his or her identification and an explanation of their conduct. 1983 alleging a violation of his First Amendment rights. [41][42], In 2017, Justice Jacques Wiener of the U.S. Court of Appeals for the 5th Circuit wrote a federal appeals decision in favor of an auditor who was detained for filming police officers; "Filming the police contributes to the public's ability to hold the police accountable, ensure that police officers are not abusing their power, and make informed decisions about police policy. Gericke thereafter put the camera away and sat in her vehicle. 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. Gutterman claimed the video was for news purposes, specifically his Amagansett Press channel. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. The auditor stayed in the building for only six minutes. 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 . The lawsuit also focused on the May 2021 meeting when Solicitor Peter Amuso ended the public comments by Daly, Marshall, and Abrams. "The First Amendment is not a game setting for the government to toggle off and on," the judge wrote. 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. All charges were dismissed. The second officer went on to say Clayton was outside of a law enforcement facility acting suspiciously. Know when to engage. 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.. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. 2014), ACLU v. Alvarez, 679 F.3d 583 (7th Cir. 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. As long as the auditor remains in a public place where they are legally allowed to be, they have the right to record anything in plain view, subject to time, place, and manner restrictions. Free Speech Today is a periodic newsletter highlighting the Free Speech Projects work and other analysis of First Amendment issues. All Rights Reserved. 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. 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. And while some library workers believe this trend will fade if auditors dont get the viral responses they seek, others are less hopeful. If a First Amendment auditor is not violating any behavior policies, avoid engaging. Oh and freedom to not have your FACE covered 24/7! . 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. 987, 988-89 (10th 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. Citing disorderly conduct, a misdemeanor. 16-10312 (5th Cir. For Ryan in New England, police involvement escalated tension during her librarys audit, she says. Well, at least sometimes, but frequently the simple act of walking into a space and filming causes people to act up. by Eric Daigle What were all so exhausted by is the fact that this is not going to go away. Recently, one Colorado municipality agreed to pay a "First Amendment Auditor" $41,000 to settle a wrongful detention claim. Transcript of the hearing before the judge in the Berwyn case, wherein case was nolled. That and numerous other 1st & 2nd Amendment Audit videos he records throughout the state receive thousands of views and comments. Turner filed similar lawsuits against the cities of Fort Worth and Austin involving incidents of him video recording police and not identifying himself. 2023 POLICE Magazine. DOCUMENTS CONCERNING LONG ISLAND AUDIT. Is this someone who supports the US Constitution? Wittmann met with department heads to collaborate on a strategy to prepare staff. This is the IA investigation report issued by Captain Ceruti of the Ct State Police. But given the circumstances wed do it differently. The major points from this article are the following: 1. Daniel Liou and Kelly Deits Cutler write: Books written by and about women and people of color are disproportionately targeted for complaints and removal. Clayton says he was filming as part of the First Amendment Audits movement. As the 7th Circuit Federal Court of Appeals explained in ACLU v. Alvarez, "[t]he act of making an audio or audiovisual recording is necessarily included within the First Amendment's guarantee of speech and press rights as a corollary of the right to disseminate the resulting recording. Our attorney affirmed the fact that we acted appropriately. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. Key Players Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. Officers reportedly discussed how to proceed with the local postmaster via telephone as the exchange with Gutterman went on. The settlement specifically related to the complaint against the officers, since a district court judge dismissed the complaint against the city. 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. Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Email address: freespeechproject@georgetown.edu, Electronic and Information Technology Accessibility. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom. Read our full Disclosure. He will go live tonight at 8:00 PM on his channel the Underground Auditor to explain how he. The library has since eliminated the ability to comment on its Facebook posts, which has quelled some of the harassment. These documents describe Long Island Audit's 1st Amendment Auditing voyage over the last eighteen (18) months. By 2019, more than 81% of Americans owned a smartphone, as compared to 35% in 2011. By the end of the video, the auditor re-enters the facility with the police officers, conducts his audit, and leaves. [4] Critics argue that audits are often confrontational in nature, as auditors often refuse to self-identify or explain their activities. 11 News also asked if any of the officers involved in this specific incident would face any disciplinary action. 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.. 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 the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." Gericke was subsequently arrested, her camera seized, and she was charged with disobeying a police officer, obstructing a government official, and unlawful interception of oral communications, the New Hampshire equivalent of a wire-tap charge under Massachusetts law. Gericke moved her car to the adjacent Weare Middle School parking lot to wait for Hanslin. And while these audits take the same format as before, libraries report more aggressive . Clayton responded, saying it did make sense. In a decision handed down last week, the U.S. Court of Appeals for the 4th Circuit agreed that Wingate's rights were violated. A project of Arthur L. Carter Journalism Institute. We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. OIF collects and analyzes data on an annual basis, Caldwell-Stone says, and the 2021 numbers should be available in spring 2022. If you would like to support us go here. Updates and exclusive content straight to your email inbox. There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. 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. Brown notes that, in preparation for the audit, some library staff took off their name tags to help preserve personal privacy. More recently, auditors appear to be targeting smaller libraries whose staff might not have the resources and experience to de-escalate a volatile encounter. Sometimes the words can be used interchangeably. 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. 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. Informing members of the public about their rights. 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. Here Trials and Court Cases Follow Trials and Court Cases as they unfold. All the charges were subsequently dismissed for lack of probable cause. 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. Creating this identification can provide clearer guidance when a First Amendment auditor violates library policy. I think we, as library workers, really need to prepare ourselves.. For others, their aim is to actually make a difference, protect our rights, enforce the Constitution. 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. Democrats Hiding That John Fetterman is Brain Dead to Prevent Special Election? I wasnt looking for trouble. In it, you can see Clayton walking outside of the police department substation. The Underground Auditor won his case today in court! Official Court transcript of hearing in disorderly conduct case. ", "They roam public buildings, making videos. Definition: Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. 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 . (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.) Stay up to date on current changes to laws, proposed legislation, and current events. Should be paid 3 million in my opinion. If staffers do not give them that opportunity, auditors are more likely to leave without incident. 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). They arrested him and kept him in jail for 3 days. Public library workers are public employees. 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? 2005), Szymecki v. Houck, 353 Fed.Appx. Its no secret, now more than ever the Rights of the People are being squandered by the government. 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. "[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. Auditors refusing to identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential or perceived crimes. Transgender powerlifter JayCee Cooper has . First posted October 19, 2020 6:23am EDT Such an order, even when directed at a person who is filming, may be appropriate for legitimate safety reasons. What were missing is the plan of action.. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. Truly, audits can often have unpredictable results. Thank you! 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 incident happened on November 2nd. 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. 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. Look as they try to intimidate and use force, but then cover up their badges and names because they dont want to be put on record. Figure 1. cy. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. 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. Nowadays cameras are everywhere. On March 24, 2010, at approximately 11:30 p.m. in Weare, NH, the defendant, Carla Gericke, was following Tyler Hanslin in her car. 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. The officers handcuffed and arrested Turner after he refused to identify himself. 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? Colorado law reads: 16-3-103. We value your opinions, and would love to see you add to the discussion! A copy of the judges decision DISMISSING the criminal trespass charge in the Waterbury (CT) case. Please VISIT my social media accounts: I strongly believe in exercising our First Amendment rights in a respectful manner. Republicans in Florida County Pass Resolution to BAN COVID-19 Jab. And with all things, the results speak for themselves, and time and time again, audits have proven to be valuable in police reform. "A right not exercised is a right lost.". However, there is much more beneath the surface! [10] Police will sometimes charge auditors with disorderly conduct when they engage in behavior that could be considered unlawful. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. [2][3] Auditors believe that the movement promotes transparency and open government. And indeed, many do! . Clayton says regardless, he considers the settlement a victory. In limited public forums, staffers are only obligated to allow free speech that is consistent with the nature of that forum. Law enforcement officers took an oath to . 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