Desmet has an . Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . Eric Daigle is founder of Daigle Law Group, LLC, a firm that specializes in law enforcement operations. [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. 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. That's what one man did when he took to the streets to conduct a "First Amendment Audit". During the entire interaction, he remains calm, professional, and . [29] While filming in public is legal, such activity may cause some people to feel alarmed. "The First Amendment is not a game setting for the government to toggle off and on," the judge wrote. Kelley advised Gericke that she was not the one being detained and told her to move her car. He encountered some Maskholes in the wild almost right away. 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. If you would like to support us go here. Its just so annoying that were going to have to be dealing with this in some fashion for ages.. This further complicates how to handle these auditors because they may not actually break a law. Long Island provoker Sean-Paul Reyes, 30, said he raked in $8,000 in his first. The city also must create and publish a "roll-call video addressing the First Amendment right to record police . 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. That was one of the goals, was the court to say that you have a First Amendment right to record police, Altaffer said. 10th Circuit Court of Appeals Upholds Public Right to Record Police. Oh and freedom to not have your FACE covered 24/7! Additionally, every time the so-called auditor updates his YouTube channel, the calls and comments begin again. At stoplights, outside and inside government establishments, on police officers with body worn cameras, and of course the phone in your pocket. (The judge has ordered a supplemental memorandum of law, which will be posted here and court argument on October 29, 2021). 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. 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. 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. Part of the settlement includes that the city does not have to admit any "wrongdoing, misconduct, or liability." This document was sent to State of Connecticut prosecutor Stephen Sedensky by Marc Stout (on youtube as Legalized Drugs). First posted October 19, 2020 6:23am EDT This framework aims to prepare education leaders to handle ongoing book challenges and navigate the constant political pressures forcing schools to put curriculum about diversity, equity, inclusivity, and social justice on the back burner., Association for Supervision and Curriculum Development, Feb. 1. 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 in 2021, according to the American Library Associations (ALA) Office for Intellectual Freedom (OIF). The way that they came in, itching for a fight, is everything that this guy wanted.. Read our full Disclosure. Public library workers are public employees. 11 News also asked if any of the officers involved in this specific incident would face any disciplinary action. "Defendants' statement attacking Marshall apparently re-enforced a culture of hostility to First Amendment rights at Pennsbury," the lawsuit stated. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. 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. For Ryan in New England, police involvement escalated tension during her librarys audit, she says. Stay tuned for future articles on first amendment audits! 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 . 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. In limited public forums, staffers are only obligated to allow free speech that is consistent with the nature of that forum. The First Circuit Court of Appeals ruled that a citizens right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment.. And while some library workers believe this trend will fade if auditors dont get the viral responses they seek, others are less hopeful. Soon after, a second officer can be seen approaching Clayton. The officers handcuffed and arrested Turner after he refused to identify himself. 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. A First Amendment audit is a form of activism where an individual seeks to exercise their First Amendment rights. Label all private spaces. 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). We were following postmaster directions, Poster 7 and we believe the law as we knew it, Minor told Summit Daily. We are striving for real transparency and accountability from public officials. 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." According to their complaint, a Boulder Deputy Sheriffs officer approached them and demanded identification. Libraries should clearly identify all nonpublic spaces inside the building, such as bathrooms, offices, break rooms, work areas, and reservable private study spaces. Due to mounting political pressures, harassment, and even death threats, some teachers and administrators have had to recalibrate their curriculum plans and determine if such texts will be viewed as unpatriotic, anti-police, pornographic, or anti-white. 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. Fahey at State Police Headquarters. While some audits end in lawsuits, most accomplish more nuanced and self-less aims including: John Lang, Creator of Audit the Audit expands on some of the goals of a first amendment audit: The prevailing intents of a First Amendment audit are accountability and awareness. An interesting phenomenon known as the "First Amendment Audit" may be taking place in and around city/town halls and council chambers. Circuit of Appeals, Altaffer said. [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. And indeed, many do! Often, by improving public awareness and the officials who are being audited. A First Amendment audits severity and virality appear to hinge on the response to the auditor, whether by library staff, security, or police. Which essentially nullified any claim of qualified immunity for officers who detain or arrest individuals for filming police encounters. 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. If I schedule something [on Facebook], and it posts, and I forget to go in and turn off commenting, they jump right on that, she says. The auditor stayed in the building for only six minutes. Phone Number: 210-207-7420. 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. There are many different cases that have set this precedent, and in fact, many cases were pushed by auditors themselves. The incident happened on November 2nd. This Substitute Information contains new charges against LIA in the Danbury criminal case. Gericke refused to tell him. layton said he understood and he was taking pictures for a story. We will also post news articles that have appeared in various publications about Long Island Audit. Gericke moved her car to the adjacent Weare Middle School parking lot to wait for Hanslin. 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. Other photographs may be taken only with the permission of the local Postmaster or installation head.. The settlement specifically related to the complaint against the officers, since a district court judge dismissed the complaint against the city. 2012), Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. When she asked a colleague what had happened, she learned there had been a "First Amendment audit.". [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. ", "Online activists' 'First Amendment audits' -- patriotism or provocation? Caldwell-Stone also notes the potential impact of pandemic-induced shutdowns. 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. Like Glik, the First Circuit ruled that Gericke, and any citizen for that matter, has a clearly established presumptive right to videotape police activity in public. Just this week, a local family filed a lawsuit in an unrelated incident after they were held at gunpoint during a drug raid which the police claim was a mistake and others claim was retaliation . From there, she attempted to audio and video record the scene from approximately 30 feet away and announced that she was doing this. 1983 alleging a violation of her First Amendment rights. That includes capturing and using peoples faces and confirmations, without their expressed consent. June 15, 2022 Ive already seen a tremendous change in the way that the officers act towards the people recording them, specifically me, when I go and film.. By clicking the submit button below, you are agreeing with Bobit Business Medias Privacy Policy and this outlined level of consent. But there may also be a relationship to the fact that libraries are open again.. A project of Arthur L. Carter Journalism Institute. Summit Daily News reported that lawyers from both sides met shortly after the incident to agree on a settlement. 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.*. These documents describe Long Island Audit's 1st Amendment Auditing voyage over the last eighteen (18) months. For others, their aim is to actually make a difference, protect our rights, enforce the Constitution. BREAKING: Top Hunter Biden Associate Eric Schwerin (who ran Rosemont Seneca) Just Flipped! 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). Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. 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. 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. First Amendment audits are a largely American social movement that usually involves photographing or filming from a public space. 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. 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. 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. The police were called shortly after the auditors arrival at the building. Well, at least sometimes, but frequently the simple act of walking into a space and filming causes people to act up. The officer said he would be happy to give him all the information when they were done talking. Glik was charged with violating the wiretap statute, disturbing the peace, and aiding in the escape of a prison-er. Several US Courts of Appeals have upheld a private citizens right to record audio and video of public employees carrying out their duties in a public space regardless of their consent. So needless to say, auditors often catch some heated encounters. After parking her car in the lot, Gericke got out and approached the fence that separated the lot from the road. Warning..do NOT, I repeat do NOT, be a MASKHOLE. The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and other locations. Colorado Community Media April 12, 2019: The "Arizona Auditor" Gericke filed suit under 42 U.S.C. As long as the auditor remains in a public place where they are legally allowed to be, they have the right to record anything in plain view, subject to time, place, and manner restrictions. SICK: Bill Gates + 6,000 Child Porno Images? At the core of the first amendment audit is the right for anyone to film in a public space for non-commercial purposes. And with all things, the results speak for themselves, and time and time again, audits have proven to be valuable in police reform. Know when to engage. 2009). 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. Instead of being a Maskhole, consider upholding the Constitution, the First Amendment, and freedom of speech and freedom of expression. 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). by Eric Daigle Daniel Liou and Kelly Deits Cutler write: Books written by and about women and people of color are disproportionately targeted for complaints and removal. What were all so exhausted by is the fact that this is not going to go away. Auditors refusing to identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential or perceived crimes. boxes and bulletin boards before proceeding into the main lobby. 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. Stating he was trying to get pictures of squad cars, particularly marked units. Turner had said he posts the videos to show unlawful arrests are an institutional problem. At first glance, a first amendment audit may appear to be a pointless action. Preparing for a First Amendment audit is often a librarys best defense against a viral outcome. Updates and exclusive content straight to your email inbox. 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. Law enforcement officers took an oath to . [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. 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. And money is their motive. Two officers approach Clayton, take his camera and cell phone he was recording with, and place him in the back of a squad car. We may receive compensation from affiliate partners for some links on this site. Our next case to review in terms of the right to film is Gericke v. Begin. 2014), ACLU v. Alvarez, 679 F.3d 583 (7th Cir. "My heart sank," Ryan says. 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 individuals and groups undertaking these self-described "First Amendment audits" claim a right to film . A right to record police Associate eric Schwerin ( who ran Rosemont Seneca ) just Flipped for others, aim! Often a librarys best defense against a viral outcome your email inbox of Appeals Upholds right. Six minutes have appeared in various publications about Long Island audit & x27... An institutional problem soon after, a second officer can be seen approaching Clayton were all exhausted! There had been a & quot ; claim a right to film she attempted to and. 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