What were missing is the plan of action.. Understand the librarys role as a limited public forum. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. On this Wikipedia the language links are at the top of the page across from the article title. 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. 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. 0:00. Subscribe today, you can unsubscribe anytime. 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. Glik then filed suit under 42 U.S.C. Second, officers should be prepared to deal with citizens who record them while performing their duties in the field. 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). 2017), Fields v. City of Philadelphia, 862 F.3d 353 (2017), Sharp v. Baltimore City Police Department, No. She had learned about these encounters in 2020 and knew what they entailed. The auditor stayed in the building for only six minutes. And as these cases see a resurgence, library staffers are split on whether they feel preparedfor the audits themselves or their aftermath. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. A First Amendment audits severity and virality appear to hinge on the response to the auditor, whether by library staff, security, or police. The building is just off of North Academy Boulevard and Kelly Johnson Boulevard. The second officer went on to say Clayton was outside of a law enforcement facility acting suspiciously. Stating he was trying to get pictures of squad cars, particularly marked units. We value your opinions, and would love to see you add to the discussion! She notes that adapting OIFs blog post into a set of guidelines is on the Intellectual Freedom Committees agenda. We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. Officers reportedly discussed how to proceed with the local postmaster via telephone as the exchange with Gutterman went on. There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. 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. 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. Gericke thereafter put the camera away and sat in her vehicle. The cameraman, Terrell Clayton, claimed he was unlawfully detained by Colorado Springs Police. All officers must watch that video by December 31, 2018. Label all private spaces. A project of Arthur L. Carter Journalism Institute, New York University. 2. 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. He is a legal advisor for police agencies across the country and member of the POLICE Advisory Board. 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. Massimino posted his video. The individuals and groups undertaking these self-described "First Amendment audits" claim a right to film . [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 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. Phone Number: 210-207-7420. Brown notes that, in preparation for the audit, some library staff took off their name tags to help preserve personal privacy. Clayton asks for the first officer's badge number. Still, Ryan says these interactions remain a consistent part of her workday. Let me put it this way, we have better things to do with our time.. Kelley approached Hanslins vehicle and Hanslin advised Kelley that he was carrying a firearm and was properly licensed. Know when to engage. Many of the U.S. 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. 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. 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. One thing is for certain, first amendment audits are not going away. ", "They roam public buildings, making videos. 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. 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. Having watched the video and seen how the police engaged with him, its really frustrating. 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. I think we, as library workers, really need to prepare ourselves.. Colorado law reads: 16-3-103. Shortly after Gutterman entered the main post office, several employees and a number of customers reportedly asked him to stop filming and leave. 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. 0:57. Officer Montplaisir arrived on scene and demanded to see where the camera was. Sometimes the words can be used interchangeably. She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. Clayton was detained and feels the act was unlawful. 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. If no confrontation or attempt to stop the filming occurs, then the facility passes the audit;[27] if an employee attempts to stop a filming event, it fails the audit.[28]. Oh and freedom to not have your FACE covered 24/7! "[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. 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. Staffers should be familiar with these policies to mitigate behavioral violations that may occur during an audit. [4] Critics argue that audits are often confrontational in nature, as auditors often refuse to self-identify or explain their activities. This is the IA investigation report issued by Captain Ceruti of the Ct State Police. In the Youtube video in question, Gutterman is shown entering the post office and filming P.O. He encountered some Maskholes in the wild almost right away. 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). Whether you realize it or not you have probably seen a first amendment audit video before. 10th Circuit Court of Appeals Upholds Public Right to Record Police. What were all so exhausted by is the fact that this is not going to go away. And first amendment audits are an effective way to ensure that those rights are not lost forever. "It's what I was looking for," said Clayton. " Libraries should clearly identify all nonpublic spaces inside the building, such as bathrooms, offices, break rooms, work areas, and reservable private study spaces. That and numerous other 1st & 2nd Amendment Audit videos he records throughout the state receive thousands of views and comments. A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. Watch this brilliant piece of journalism right here safely on Rumble: Please share your thoughts about this article below. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. This is a copy of the Internal Affairs complaint filed by LIA after being illegally trespassed from City Hall in New Rochelle, NY. 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. First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. For some, it is about the views and being as abrasive as possible. Free Speech at the Crossroads: International Dialogues, Last updated December 16, 2020 9:34pm EST. 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 judge has ordered a supplemental memorandum of law, which will be posted here and court argument on October 29, 2021). At first glance, a first amendment audit may appear to be a pointless action. 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). Gericke filed suit under 42 U.S.C. Motion to Dismiss in Berwyn, Illinois case. [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. [2][3] Auditors believe that the movement promotes transparency and open government. Other photographs may be taken only with the permission of the local Postmaster or installation head.. We want YOU the viewer to be kept up to date on everything that LIA is doing and to betotally transparentregarding his activities. By Tami Tanoue, General Counsel/Interim Executive Director. by Eric Daigle As the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." 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. 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). He was restrained by police officers in both incidents. Auditing can be controversial due to the confrontational tactics of some auditors, which has been criticized as intimidation or harassment. Recently, groups of individuals claiming to be First Amendment auditors, have been challenging police and gaining media exposure by filming the inside of various public spaces. 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 officer requested her li-cense and registration. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and other locations. Caldwell-Stone advises that staff refrain from intervening unless an auditor is violating behavior policies or harassing staff members or patrons. Core invites applications for its 2023 PR Xchange Awards, recognizing the best public relations materials produced by libraries in the past year. Teacher and Citizen Guides: Recording Video and Audio of Police Officers. 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. However, a police order that is specifically directed at the First Amendment right to film police performing their duties in public may be constitutionally imposed only if the officer can reasonably conclude that the filming itself is interfering, or is about to interfere, with their duties. While staffers are not featured in the viral video, the library has been the target of harassment through Facebook, Google reviews, and phone calls. The right to publish or broadcast an audio or audiovisual recording would be insecure, or largely ineffective, if the antecedent act of making the recording is wholly unprotected. (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.) Law enforcement officers took an oath to . 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). The internet is forever, and any time this guy decides to post an update, its going to refresh the vitriol, Ryan says. The way that they came in, itching for a fight, is everything that this guy wanted.. As simple as walking into a public space with a camera and recording may seem, it truly has an impact. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. President Trump Shares HUGE Win For Election Integrity! Adopt or review written policies. For example, an auditor in San Antonio was prosecuted and convicted of disorderly conduct after an audit. 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 had said he posts the videos to show unlawful arrests are an institutional problem. boxes and bulletin boards before proceeding into the main lobby. [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. But it can be difficult to predict just how aggressive an auditor can be, as well as when they may arrive. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. The terms of the settlement include a $41,000 check for Clayton and his lawyers. 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. The city just settled the claim in May. 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. Long Island provoker Sean-Paul Reyes, 30, said he raked in $8,000 in his first. When the court did that, he felt that accomplished one of his objectives.. She had learned about these encounters in 2020 . But he said Turner was satisfied with the judges refusal to dismiss the complaint against the officers. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. The secure and easy all-access connection to your content. The officer asked Clayton if he had a name, Clayton said he did, but he didn't want to share it at the moment. Transparency and open government set of guidelines is on the street or their aftermath say Clayton was detained and the! Claim a right to openly film law enforcement personnel and other public as... 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