This is a copy of the Internal Affairs complaint filed by LIA after being illegally trespassed from City Hall in New Rochelle, NY. Key Players Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. A project of Arthur L. Carter Journalism Institute. 1983 alleging a violation of his First Amendment rights. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. So needless to say, auditors often catch some heated encounters. The First Amendment of the U.S. Constitution provides that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 2012), Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 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. Creating this identification can provide clearer guidance when a First Amendment auditor violates library policy. That includes capturing and using peoples faces and confirmations, without their expressed consent. The officer requested her li-cense and registration. "To be sure, officers may always request someone's identification. 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. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. 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. The secure and easy all-access connection to your content. 2. 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. They arrested him and kept him in jail for 3 days. A loosely organized social media campaign to "audit" government spaces and agencies for alleged First Amendment violations has begun to target public libraries. But there may also be a relationship to the fact that libraries are open again.. 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? 0:00. A complaint Turner made against Fort Worth police officers was appealed to the 5th U.S. According to their complaint, a Boulder Deputy Sheriffs officer approached them and demanded identification. This is an Objection to the Motion to Dismiss filed by the prosecutor in the Waterbury Superior Court criminal case for Trespass 1st degree. First posted October 19, 2020 6:23am EDT And first amendment audits are an effective way to ensure that those rights are not lost forever. Such tactics often lead to a physical altercation or arrest, which can increase the popularity of a video and in turn generate more income for the auditor. Glik was charged with violating the wiretap statute, disturbing the peace, and aiding in the escape of a prison-er. 3. Second, officers should be prepared to deal with citizens who record them while performing their duties in the field. Having watched the video and seen how the police engaged with him, its really frustrating. A former Connecticut State Police officer, Daigle focuses on civil rights actions, including police misconduct litigation. OIF collects and analyzes data on an annual basis, Caldwell-Stone says, and the 2021 numbers should be available in spring 2022. If a First Amendment auditor is not violating any behavior policies, avoid engaging. The two men were arrested but were later released without charges being filed. I wasnt looking for trouble. Absolutely brilliant. 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. Most auditors enter these situations with a goal of getting a rise out of employees. 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. Auditors refusing to identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential or perceived crimes. Maskholes are most typically seen in security guards, airline flight attendants and clerks of all kinds. That's what one man did when he took to the streets to conduct a "First Amendment Audit". "The First Amendment is not a game setting for the government to toggle off and on," the judge wrote. We value your opinions, and would love to see you add to the discussion! 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. Long Island provoker Sean-Paul Reyes, 30, said he raked in $8,000 in his first. By 2019, more than 81% of Americans owned a smartphone, as compared to 35% in 2011. At stoplights, outside and inside government establishments, on police officers with body worn cameras, and of course the phone in your pocket. Citing disorderly conduct, a misdemeanor. 11 News also asked if any of the officers involved in this specific incident would face any disciplinary action. While staffers are not featured in the viral video, the library has been the target of harassment through Facebook, Google reviews, and phone calls. We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. 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. Still, Ryan says these interactions remain a consistent part of her workday. The officers Sergent quickly corrected the other officer. And as these cases see a resurgence, library staffers are split on whether they feel preparedfor the audits themselves or their aftermath. Kervyn Altaffer, an attorney representing Turner, said the dismissal shows no culpability for either party. Again, Gericke refused. Pittsylvania County et al kicked off Tuesday morning in U.S. District Court for the Western District of Virginia under the Honorable Thomas T. Cullen. Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. Simply put, an individual armed with a camera will simply walk into a public space, and start recording. By the end of the video, the auditor re-enters the facility with the police officers, conducts his audit, and leaves. The conversation continued and the second officer said he "wasn't buying it," in regards to Clayton's story. Round . 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. The officer said he would be happy to give him all the information when they were done talking. When the court did that, he felt that accomplished one of his objectives.. 852, 853 (4th Cir. 1st Amendment Audit Galveston PD Illegal Arrest PT 1 of 4 11/4/2015 Watch on A Galveston Police Department sergeant in Texas has been indicted on misdemeanor accusations of unlawfully. Shortly after the settlement was announced, the town of Silverthorne issued an additional statement stressing the deal was not an admission of wrongdoing, and the police department defended the actions of officers at the scene. In this two-part series, I will break down several court cases that apply to First Amendment auditors, the areas of the law that protect officers, and what law enforcement can do moving forward. Official Court transcript of hearing in disorderly conduct case. He is a legal advisor for police agencies across the country and member of the POLICE Advisory Board. Officers reportedly discussed how to proceed with the local postmaster via telephone as the exchange with Gutterman went on. Adopt or review written policies. In addition, the Colorado Springs Police Department must add to their General Order "Taking photographs or recording from a public place in and of itself does not constitute suspicious activity." Nowadays cameras are everywhere. 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. For some, it is about the views and being as abrasive as possible. Next month, Ill discuss strategies that law enforcement can use when encountering First Amendment auditors. On this Wikipedia the language links are at the top of the page across from the article title. The goals of a first amendment audit truly depend on the auditors themselves. 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. Applications are due by April 15. Oh and freedom to not have your FACE covered 24/7! She credits her local police department with her ability to ready herself and her team for the encounter: My advice is to already have that established relationship with the police department and make sure everybody is on the same page., Police presence in libraries remains a difficult topic, especially when staff and patron safety may be at risk; not all libraries can rely on local police to help them prepare for First Amendment audits. 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. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom. This is the IA investigation report issued by Captain Ceruti of the Ct State Police. As always, staff training and consultation with your state library or legal counsel are important parts of this process. We will also post news articles that have appeared in various publications about Long Island Audit. According to the Amagansett Files, a self-proclaimed database of political disruptors and unrelated to Guttermans channel, Gutterman is a white nationalist with ties to the Proud Boys, an all-male neo-fascist group that was present alongside Klansmen, antisemites, and other hate groups at the 2017 Unite the Right rally in Charlottesville, Virginia. 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. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. 2014), ACLU v. Alvarez, 679 F.3d 583 (7th Cir. Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2000), Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 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. This is the transcript of LIAs first appearance in the Danbury criminal case, where the judge found probable cause despite the police report being devoid of facts to support such finding. [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. [29] While filming in public is legal, such activity may cause some people to feel alarmed. 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 caution came after an encounter at a nearby library resulted in a viral video. Desmet has an . Other courts across the country have determined that citizens have a First Amendment right to record law enforcement personnel performing their duties in in public. 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. Library staff involved in the incident are not named in the lawsuit, but Ryan remains upset by the response from law enforcement. Should be paid 3 million in my opinion. "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. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs' stations, and other locations. And while the format of these audits is familiar, libraries are reporting more aggressive, targeted, and organized operations than in years past. This document was sent to State of Connecticut prosecutor Stephen Sedensky by Marc Stout (on youtube as Legalized Drugs). Tunnels and Jail Cells Under DCNow EXPOSED! 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. Phone Number: 210-207-7420. Zelensky Exposed (Literally): This Is The Guy We Are Sending Billions To? 11 News first shared the video in November. Anytime we leave an opening, they find it.. 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.
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