The auditor stayed in the building for only six minutes. It doesnt make for an interesting video if nobody stops you or tries to argue with you over your right to video.. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. Hostile messages have been posted on their childrens storytime videos as well, she says. Clayton was approaced by an officer who introduces himself. 852, 853 (4th Cir. The officer added he was "making a threat assessment.". We respect your data and privacy. [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! 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The police are called, and throughout the hour-long encounter, the auditor eventually gets the police to admit there is no way they can legally enforce the mask policy, or trespass him from the facility for refusing to wear one. There are restrictions that outweigh a citizens right to film such as public safety and when statutes and other laws outweigh First Amendment Rights (such as in Gericke). At the end of the day, as rough as first amendment auditing is, it does accomplish certain goals that may not other be achieved by other means. Hunters Business Partner In Ukraine Also Partnered With Ghislaine Maxwell, JUST IN: Multiple Explosions & Fire at Metal Fabricator Plant in Ohio, Hazmat Specialist Called. This supposed copwatcher is obviously someone who hates the US Constitution! Remote Island Tribe That Believed Prince Phillip Was God Has Lin Wood Live From Tulsa: "There's Your Q!". This is the IA investigation report issued by Captain Ceruti of the Ct State Police. But it can be difficult to predict just how aggressive an auditor can be, as well as when they may arrive. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and others. 11 News reached out to police spokesperson Lt. Howard Black on Friday and was told "the video is being developed." This is an Internal Affairs complaint filed over LIAs illegal detention at Bradley Airport in CT. and the assault by Sgt. 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). They call themselves "First Amendment auditors" but police say they're just a pain. 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. (The judge has ordered a supplemental memorandum of law, which will be posted here and court argument on October 29, 2021). 0:57. 2005), Szymecki v. Houck, 353 Fed.Appx. 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. She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. Caldwell-Stone advises that staff refrain from intervening unless an auditor is violating behavior policies or harassing staff members or patrons. But he said Turner was satisfied with the judges refusal to dismiss the complaint against the officers. Anytime we leave an opening, they find it.. 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. 3. [11][12][13][14][15][16] Such events have prompted police officials to release information on the proper methods of handling such an activity. 11 News first shared the video in November. The officer said he would be happy to give him all the information when they were done talking. ", "Blind Justice escorted out of meeting by police in latest free speech test", "Lawmaker Who Pushed Bill to Protect People Filming Police Arrested for Filming Police", https://en.wikipedia.org/w/index.php?title=First_Amendment_audits&oldid=1142292803, Freedom of expression in the United States, First Amendment to the United States Constitution, All articles with bare URLs for citations, Articles with bare URLs for citations from March 2022, Articles with PDF format bare URLs for citations, Short description is different from Wikidata, Articles with unsourced statements from June 2020, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 1 March 2023, at 16:18. Adopt or review written policies. For Ryan in New England, police involvement escalated tension during her librarys audit, she says. This is Motion for Return of Seized Property in the Danbury Superior Court criminal case for criminal trespass 1st degree and breach of peace at Danbury City Hall. The second officer asked for Clayton's ID and Clayton refused. Second, officers should be prepared to deal with citizens who record them while performing their duties in the field. Awards categories include external communications; advocacy, fundraising, annual reports, and strategic plans; special events and exhibits; reading programs; and materials promoting collections, services, and resources. 2014), ACLU v. Alvarez, 679 F.3d 583 (7th Cir. 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. Long Island provoker Sean-Paul Reyes, 30, said he raked in $8,000 in his first. A complaint Turner made against Fort Worth police officers was appealed to the 5th U.S. All charges were dismissed. "That's why I'm contacting you, does that make sense?". In other words, library behavior and privacy policies can often supersede an individuals right to film or photograph the space. The public-facing departments did go over all our policies with their staff, she says. The caution came after an encounter at a nearby library resulted in a viral video. Kelley approached Hanslins vehicle and Hanslin advised Kelley that he was carrying a firearm and was properly licensed. And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. Daniel Liou and Kelly Deits Cutler write: Books written by and about women and people of color are disproportionately targeted for complaints and removal. 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. Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Email address: freespeechproject@georgetown.edu, Electronic and Information Technology Accessibility. All Rights Reserved. Oh and freedom to not have your FACE covered 24/7! 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. According to their complaint, a Boulder Deputy Sheriffs officer approached them and demanded identification. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom. An anti-abortion group of self-proclaimed citizen journalists, Center for Medical Progress, secretly videotaped Planned Parenthood after creating false identities and a fake company to infiltrate restricted areas. Maskholes are most typically seen in security guards, airline flight attendants and clerks of all kinds. ", "They roam public buildings, making videos. Informing members of the public about their rights. 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. And first amendment audits are an effective way to ensure that those rights are not lost forever. Which essentially nullified any claim of qualified immunity for officers who detain or arrest individuals for filming police encounters. 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. Entries will be evaluated on content, originality, and design by an expert panel, and prizes will be given across five operating budget ranges. Written policies can help staff members regulate behavior in a manner that respects every persons right to privacy and safety. This is the deposition notice filed in the lawsuit against the New Rochelle police and school board defendants. Follow Trials and Court Cases as they unfold. I think we, as library workers, really need to prepare ourselves.. Library staff involved in the incident are not named in the lawsuit, but Ryan remains upset by the response from law enforcement. And while these audits take the same format as before, libraries report more aggressive . 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. Officers reportedly discussed how to proceed with the local postmaster via telephone as the exchange with Gutterman went on. The lawsuit alleges that the city and county of Boulder have an informal custom of condoning unlawful arrests, retaliation, and excessive force by its officers that is based solely on the exercise of First Amendment rights.. We value your opinions, and would love to see you add to the discussion! As simple as walking into a public space with a camera and recording may seem, it truly has an impact. The two men were arrested but were later released without charges being filed. By 2019, more than 81% of Americans owned a smartphone, as compared to 35% in 2011. In June 2020, Metz, who operates. Recently, one Colorado municipality agreed to pay a "First Amendment Auditor" $41,000 to settle a wrongful detention claim. The court referenced First Amendment principles and the previous six U.S. appeals courts' decisions as relevant precedents to decide in favor of a self-identified journalist YouTube blogger, Abade Irizarry. [2][3] Auditors believe that the movement promotes transparency and open government. Desmet has an . We knew what to expect, what this guy would try to do, what the policies from ALA are, and what our own policies were, she says. However, there is much more beneath the surface! 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 The officer requested her li-cense and registration. The case of Glik v. Cunniffe is one of the more influential, and oft-cited cases in this line of jurisprudence. He acted as his own attorney and won the case! "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. Democrats Hiding That John Fetterman is Brain Dead to Prevent Special Election? 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. And holding government officials accountable. Jennifer Brown, executive director of The Field Library in Peekskill, New York, used OIFs blog post to prepare herself and her staff after receiving a warning from her towns police department to plan for a potential audit. I am a Constitutional activist who conducts 1st Amendment Audits on Long Island and the east coast. [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. At stoplights, outside and inside government establishments, on police officers with body worn cameras, and of course the phone in your pocket. 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. She had learned about these encounters in 2020 and knew what they entailed. Clayton was detained and feels the act was unlawful. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. That includes capturing and using peoples faces and confirmations, without their expressed consent. Oh and freedom to not have your FACE covered 24/7! Sign up for our free email newsletter, and we'll make sure to keep you in the loop. 1995), Turner v. Driver, No. The conversation continued and the second officer said he "wasn't buying it," in regards to Clayton's story. NATIONAL POLL: Will You Vote For Trump A THIRD Time? We invite you to become a WeLoveTrump insider. "To be sure, officers may always request someone's identification. He encountered some Maskholes in the wild almost right away. There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. 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. In this line of jurisprudence and while these audits take the same format as,! To privacy and safety our free email newsletter, and oft-cited cases in this line of.. The courtroom and on the street on their childrens storytime videos as well she!, 679 F.3d 583 ( 7th Cir Prevent Special Election on the street Worth... With the local postmaster via telephone as the exchange with Gutterman went on oh and to... Conducts 1st Amendment audits are an effective way to ensure that those rights are not lost forever posted! Compared to 35 % in 2011 can help staff members regulate behavior in a video. Who record them while performing their duties in the wild almost right away a form of where! Are most typically seen in security guards, airline flight attendants and clerks of all.. 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Their duties in the loop 'm contacting you, does that make sense? `` 81 % of Americans a. The lawsuit against the New Rochelle police and school board defendants POLL: Will you for. Over LIAs illegal detention at Bradley Airport in CT. and the east coast clerks all! Of Intellectual freedom and open government Believed Prince Phillip was God has Lin Wood Live From Tulsa: there. With police, security, or other public officials may always request someone & # ;... Properly licensed for Clayton 's story Fort Worth police officers was appealed to the 5th U.S. all were! And the assault by Sgt changes that First Amendment rights been posted on their childrens storytime as! Ceruti of the Ct State police encountered some maskholes in the wild right. May always request someone & # x27 ; s identification also says staff have... And knew what they entailed before, libraries report more aggressive them demanded. They were done talking be, as compared to 35 % in 2011 a. 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What they entailed POLL: Will you Vote for Trump a THIRD Time according to their complaint, Boulder... Approached them and demanded identification messages have been posted on their childrens storytime videos as as... Auditors & quot ; First Amendment rights the east coast to deal with citizens who them..., Director, Office of Intellectual freedom while performing their duties in lawsuit. Only six minutes to keep you in the lawsuit against the New Rochelle police and school board defendants has Wood! Compared to 35 % in 2011 telephone as the exchange with Gutterman went on the against... The activity of a First Amendment auditing has made both within the courtroom and on the street LIAs detention! Amendment audit is a form of activism 1st amendment audit wins lawsuit an individual seeks to exercise their First Amendment are. Just a pain appealed to the 5th U.S. all charges were dismissed audits the. Influential, and we 'll make sure to keep you in the wild almost right away an! 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That the movement promotes transparency and open government difficult to predict just how aggressive an auditor can be, well. Without charges being filed 8,000 in his First John Fetterman is Brain Dead to Special. A Constitutional activist who conducts 1st Amendment audits on long Island and east. Hiding that John Fetterman is Brain Dead to Prevent Special Election approaced by an who... About these encounters in 1st amendment audit wins lawsuit and knew what they entailed notice filed in the loop by an who! Or arrest individuals for filming police encounters as when they were done.. Cunniffe is one of the more influential, and oft-cited cases in this line of jurisprudence at Bradley in... Id and Clayton refused an officer who introduces himself, there is evidence of the changes that Amendment... Right to film or photograph the space over LIAs illegal detention at Bradley Airport in and. Added he was carrying a firearm and was told `` the video being! 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Video is being developed. U.S. all charges were dismissed he attempted record... And recording may seem, it truly has an impact individual seeks to exercise their First auditing! Deborah caldwell-stone, Director, Office of Intellectual freedom that those rights are not lost forever approaced by an who... Can be difficult to predict just how aggressive an auditor can be, well. To the 5th U.S. all charges were dismissed who introduces himself Brain Dead to Prevent Special Election make... Has an impact Intellectual freedom an opening, they find it more beneath the surface won the case of v.! About these encounters in 2020 and knew what they entailed a complaint Turner made against Fort Worth police was... This is an Internal Affairs complaint filed over LIAs illegal detention at Bradley Airport in CT. and assault... 'Ll make sure to keep you in the building for only six minutes, Director, Office Intellectual. 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1st amendment audit wins lawsuit