The secure and easy all-access connection to your content. 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. Ninth Circuit Affirms Anti-Abortion Activists Illegally Infiltrated Planned Parenthood Activities, First Amendment Protections Dont Apply. "That's why I'm contacting you, does that make sense?". SICK: Bill Gates + 6,000 Child Porno Images? Second, officers should be prepared to deal with citizens who record them while performing their duties in the field. Nowadays cameras are everywhere. In both instances, the recording is not usually passive, meaning the auditor often takes an active role in engaging with the public safety personnel, challenging them on applicable laws, and in some cases, attempting to escalate the situation in order to garner support from their audience or followers. The public-facing departments did go over all our policies with their staff, she says. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. Anytime we leave an opening, they find it.. Informing members of the public about their rights. Recently, one Colorado municipality agreed to pay a "First Amendment Auditor" $41,000 to settle a wrongful detention claim. 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. Summit Daily News reported that lawyers from both sides met shortly after the incident to agree on a settlement. 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. On a quick side note, The Battousai is the "Turner " behind the case Turner V. Driver.. United States Court of Appeals, Fifth Circuit. 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. Macrina says that library workers should use their own networks to prepare for encounters. Such an order, even when directed at a person who is filming, may be appropriate for legitimate safety reasons. We want YOU the viewer to be kept up to date on everything that LIA is doing and to betotally transparentregarding his activities. 2005), Szymecki v. Houck, 353 Fed.Appx. The officers handcuffed and arrested Turner after he refused to identify himself. So needless to say, auditors often catch some heated encounters. Law enforcement officers took an oath to . [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. We value your opinions, and would love to see you add to the discussion! Thank you! The goals of a first amendment audit truly depend on the auditors themselves. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. Updates and exclusive content straight to your email inbox. That was one of the goals, was the court to say that you have a First Amendment right to record police, Altaffer said. 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. "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. Often, by improving public awareness and the officials who are being audited. Most auditors enter these situations with a goal of getting a rise out of employees. or other government facility or publicly owned space. This document was sent to State of Connecticut prosecutor Stephen Sedensky by Marc Stout (on youtube as Legalized Drugs). She also encourages library workers to revisit their behavior and social media policies and any rules concerning photography. 2009). Below you will find variousdocuments, letters, motions, complaints, FOIA/OpenRecordsrequests, news articles, etc. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and others. The officer added he was "making a threat assessment.". The two men were arrested but were later released without charges being filed. Zelensky Exposed (Literally): This Is The Guy We Are Sending Billions To? "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. An interesting phenomenon known as the "First Amendment Audit" may be taking place in and around city/town halls and council chambers. That's what one man did when he took to the streets to conduct a "First Amendment Audit". 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. Two officers approach Clayton, take his camera and cell phone he was recording with, and place him in the back of a squad car. In the post office video, Gutterman debated with law enforcement officers for several minutes inside the building before moving outside to continue the conversation. Subscribe today, you can unsubscribe anytime. Clayton was filming marked police cars outside the department's Falcon Division and in the secure parking lot. According to Colorado Community Media, First Amendment auditors have made headlines in the state in recent years, including for disrupting city council meetings, winning settlements for wrongful detention, and one instance when a judge was allegedly threatened with his life. As the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." 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. The officers Sergent quickly corrected the other officer. [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. Staffers should be familiar with these policies to mitigate behavioral violations that may occur during an audit. "The First Amendment is not a game setting for the government to toggle off and on," the judge wrote. 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. 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. Simply put, an individual armed with a camera will simply walk into a public space, and start recording. However, there is much more beneath the surface! I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. For starters, this video is the one that sent me down the 1st amendment audit trail, *CAUTION: The videos in this article may contain colorful language.*. Understand the librarys role as a limited public forum. 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. Many of the U.S. Fahey at State Police Headquarters. Read our full Disclosure. Clayton asks for the first officer's badge number. Next month, Ill discuss strategies that law enforcement can use when encountering First Amendment auditors. "[6], Online videos of audits can also generate income for auditors through advertising revenue and donations.[10]. A version of this article first appeared on americanlibraries.org on August 26, 2021. The lawsuit also focused on the May 2021 meeting when Solicitor Peter Amuso ended the public comments by Daly, Marshall, and Abrams. 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? Hostile messages have been posted on their childrens storytime videos as well, she says. Here Trials and Court Cases Follow Trials and Court Cases as they unfold. The incident happened on November 2nd. Let me put it this way, we have better things to do with our time.. 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. We rely on our readers to keep our mission moving forward! 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. 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). Preparing for a First Amendment audit is often a librarys best defense against a viral outcome. I think we, as library workers, really need to prepare ourselves.. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. He is a legal advisor for police agencies across the country and member of the POLICE Advisory Board. 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. 10th Circuit Court of Appeals Upholds Public Right to Record Police. If you love what we do, please consider a $1/month donation to keep us live! 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. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. 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 conversation continued and the second officer said he "wasn't buying it," in regards to Clayton's story. U.S. Attorney General Merrick B. Garland announced Oct. 26 a revised news media policy that bars the Department of Justice from using subpoenas or other legal processes against journalists to obtain information theyve retrieved while news gathering. [17][18] For example, a document sponsored by the International Association of Chiefs of Police states that the use of a recording device alone is not grounds for arrest, unless other laws are violated. The settlement specifically related to the complaint against the officers, since a district court judge dismissed the complaint against the city. Library workers should take steps to limit an auditors ability to cause harm. What were missing is the plan of action.. Eric Daigle is founder of Daigle Law Group, LLC, a firm that specializes in law enforcement operations. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . Transgender powerlifter JayCee Cooper has . 0:00. 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. Well, at least sometimes, but frequently the simple act of walking into a space and filming causes people to act up. Oh and freedom to not have your FACE covered 24/7! That includes capturing and using peoples faces and confirmations, without their expressed consent. 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. First Amendment Audits 101: Policing the Police - Healing Law- Legal News and Information on Laws, Court Cases, and Police Legal News Stay up to date on current changes to laws, proposed legislation, and current events. These documents describe Long Island Audit's 1st Amendment Auditing voyage over the last eighteen (18) months. 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. 2011), Gericke v. Begin, 753 F.3d 1 (1st Cir. [10] Police will sometimes charge auditors with disorderly conduct when they engage in behavior that could be considered unlawful. 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. Bookmark +. 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. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom. 1:11-cv-02888-BEL, McCormick v. City of Lawrence, 130 Fed.Appx. Round . From there, she attempted to audio and video record the scene from approximately 30 feet away and announced that she was doing this. [2][3] Auditors believe that the movement promotes transparency and open government. While he may not be a legal expert, he has audited many 1st amendment audits and other police interactions on his channel. The Underground Auditor won his case today in court! 16-10312 (5th Cir. But he said Turner was satisfied with the judges refusal to dismiss the complaint against the officers. Label all private spaces. A copy of the judges decision DISMISSING the criminal trespass charge in the Waterbury (CT) case. The officer said he would be happy to give him all the information when they were done talking. The library has since eliminated the ability to comment on its Facebook posts, which has quelled some of the harassment. "It's what I was looking for," said Clayton. " And more often than not the activity of a first amendment audit involves an interaction with police, security, or other public officials. 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. Learn more about stop and identify statutes. And first amendment audits are an effective way to ensure that those rights are not lost forever. Is this someone who supports the US Constitution? 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. 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. Through our research, we developed a critical inclusivity framework with five concurrent leadership practices to reclaim contested curriculum materials. 2000), Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 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. Officers reportedly discussed how to proceed with the local postmaster via telephone as the exchange with Gutterman went on. 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. Whether you realize it or not you have probably seen a first amendment audit video before. . Clayton says regardless, he considers the settlement a victory. 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. Massimino posted his video. And while the format of these audits is familiar, libraries are reporting more aggressive, targeted, and organized operations than in years past. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. Absolutely brilliant. Caldwell-Stone advises that staff refrain from intervening unless an auditor is violating behavior policies or harassing staff members or patrons. On this Wikipedia the language links are at the top of the page across from the article title. 11 News first shared the video in November. When the so-called auditor arrived 10 days later, Brown says she felt ready. 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. [11][12][13][14][15][16] Such events have prompted police officials to release information on the proper methods of handling such an activity. First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. Stay tuned for future articles on first amendment audits! We respect your data and privacy. Gericke thereafter put the camera away and sat in her vehicle. 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. 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. 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. All the charges were subsequently dismissed for lack of probable cause. Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 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. Gericke refused to tell him. Denver's Police Department has agreed to a $50,000 settlement with Colorado Independent Editor Susan Greene, whose First Amendment rights officers violated when they wrongfully handcuffed and . The officer asked Clayton if he had a name, Clayton said he did, but he didn't want to share it at the moment. 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