These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. However, there is much more beneath the surface! They arrested him and kept him in jail for 3 days. Oh and freedom to not have your FACE covered 24/7! 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. [5][6] Some auditors have also been known to enter public buildings asserting that they have a legal right to openly carry firearms, leading to accusations that auditors are engaged in intimidation, terrorism, and the sovereign citizen movement. 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. While he may not be a legal expert, he has audited many 1st amendment audits and other police interactions on his channel. Since posting its first video in December 2018, Guttermans channel has amassed, as of October 18, 2020, over 200,000 subscribers and 250 videos, the majority of which containing interactions with law enforcement and public officials. And holding government officials accountable. Turner filed similar lawsuits against the cities of Fort Worth and Austin involving incidents of him video recording police and not identifying himself. "My heart sank," Ryan says. Maskholes always want to rule over YOU, but they dont like it at all when the light gets shined on them. At first glance, a first amendment audit may appear to be a pointless action. ", "Online activists' 'First Amendment audits' -- patriotism or provocation? 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. Most auditors enter these situations with a goal of getting a rise out of employees. And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. Clayton says he was filming as part of the First Amendment Audits movement. 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. On March 24, 2010, at approximately 11:30 p.m. in Weare, NH, the defendant, Carla Gericke, was following Tyler Hanslin in her car. Stating he was trying to get pictures of squad cars, particularly marked units. 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. The individuals and groups undertaking these self-described "First Amendment audits" claim a right to film . The major points from this article are the following: 1. "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. Most reporting on romance novels popularity highlight two big causes of this trend: the pandemic and BookTok. Doherty looks at some of the current trends in romance, including romcoms, traumatic storylines, LGBTQ romance, and stories with diverse historical characters. A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. SICK: Bill Gates + 6,000 Child Porno Images? 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. 2023 POLICE Magazine. 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 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. 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. 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. OIF collects and analyzes data on an annual basis, Caldwell-Stone says, and the 2021 numbers should be available in spring 2022. Alison Doherty writes: Unit sales of romance novels grew 41% in 2021, and July 2022 marked the high point of romance novel sales. "[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. DANBURY, CT The Danbury Police Department has disciplined four officers following an internal investigation into their confrontation with a Long Island man at the public library. Caldwell-Stone also notes the potential impact of pandemic-induced shutdowns. Law enforcement should be prepared to deal with First Amendment auditors and they constitutionally have a right to film law enforcement at certain times. If a First Amendment auditor is not violating any behavior policies, avoid engaging. A project of Arthur L. Carter Journalism Institute, New York University. This supposed copwatcher is obviously someone who hates the US Constitution! We have seen a greater number [of First Amendment audits in 2021], and there could be many reasons for it, says Deborah Caldwell-Stone, director of OIF. 2012), Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. An interesting phenomenon known as the "First Amendment Audit" may be taking place in and around city/town halls and council chambers. "A first I was very surprised," Clayton told 11 News. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. 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. Are they going to uphold the constitution, uphold the law or break the law? And as these cases see a resurgence, library staffers are split on whether they feel preparedfor the audits themselves or their aftermath. [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. A now-viral video shows a heated exchange between police and the man, who has filed a lawsuit against the city (he was also charged with a misdemeanor). Wittmann met with department heads to collaborate on a strategy to prepare staff. The officers handcuffed and arrested Turner after he refused to identify himself. Clayton was detained and feels the act was unlawful. Read our full Disclosure. Some officers will approach the auditors and request his or her identification and an explanation of their conduct. These documents describe Long Island Audit's 1st Amendment Auditing voyage over the last eighteen (18) months. When she asked a colleague what had happened, she learned there had been a First Amendment audit., My heart sank, Ryan says. Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Email address: freespeechproject@georgetown.edu, Electronic and Information Technology Accessibility. 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. Hostile messages have been posted on their childrens storytime videos as well, she says. A copy of the judges decision DISMISSING the criminal trespass charge in the Waterbury (CT) case. 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). They call themselves "First Amendment auditors" but police say they're just a pain. The officer asked Clayton if he had a name, Clayton said he did, but he didn't want to share it at the moment. So needless to say, auditors often catch some heated encounters. 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. In a decision handed down last week, the U.S. Court of Appeals for the 4th Circuit agreed that Wingate's rights were violated. In First Amendment audits, individuals arm themselves with video cameras, proclaim themselves auditors, and enter public buildings, like police precincts and libraries, to record alleged Constitutional violations. 2017), Fields v. City of Philadelphia, 862 F.3d 353 (2017), Sharp v. Baltimore City Police Department, No. Understand the librarys role as a limited public forum. Having watched the video and seen how the police engaged with him, its really frustrating. Its really protecting all of our rights," said Clayton. Thank you! First posted October 19, 2020 6:23am EDT 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. 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. I feel like they made it worse, she says. Part of the settlement includes that the city does not have to admit any "wrongdoing, misconduct, or liability." He was restrained by police officers in both incidents. Ninth Circuit Affirms Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment Protections Dont Apply. From there, she attempted to audio and video record the scene from approximately 30 feet away and announced that she was doing this. She also encourages library workers to revisit their behavior and social media policies and any rules concerning photography. "To be sure, officers may always request someone's identification. That and numerous other 1st & 2nd Amendment Audit videos he records throughout the state receive thousands of views and comments. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. Phone Number: 210-207-7420. He encountered some Maskholes in the wild almost right away. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. More recently, auditors appear to be targeting smaller libraries whose staff might not have the resources and experience to de-escalate a volatile encounter. 1995), Turner v. Driver, No. [22], Auditors typically travel to places considered public property, such as sidewalks or public right-of-ways, or places open to the public, such as post offices, police stations, public libraries[23] or other government buildings, and visibly and openly photograph and record buildings and persons in their view. 2014), ACLU v. Alvarez, 679 F.3d 583 (7th Cir. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. 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. Follow Trials and Court Cases as they unfold. The goals of a first amendment audit truly depend on the auditors themselves. She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. That includes capturing and using peoples faces and confirmations, without their expressed consent. 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. When she asked a colleague what had happened, she learned there had been a "First Amendment audit.". Desmet has an . Massimino posted his video. Transcript of the hearing before the judge in the Berwyn case, wherein case was nolled. The video later cuts back to his camera recording audio of the officers talking. Should be paid 3 million in my opinion. Both Gericke and Hanslin pulled over and Sergeant Kelley parked his cruiser between the two. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . 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