In today’s political and social climate, with its current status of extreme polarism, a very fundamental, yet dormant, American activity has resurfaced in popularity. Activism, defined as “the policy or action of using vigorous campaigning to bring about political or social change”, is a fundamental civil and social activity that has made a resurgence in recent years.
Today’s Activism
The purpose and intent of activism in today’s society can be just as diverse and complex as the issues which comprise our current social spectrum. Yet with a present political climate so laden with hostility and division, Activism is more essential than ever.
The United States of America is still referred to as the land of the free. The belief and general feeling that these freedoms have been, and actively are, being compromised have pushed many Citizens into becoming active in the political process.
The creation of a government created to be “Of the People and for the People” was something of such profound implication and change in the course of Human History that it forever changed the world. To best ensure that this ideal would persist the founding fathers created a government based on a system of checks and balances.
The purpose of this was derived from an understanding and belief that a Human Being is endowed with certain, unalienable rights and to best preserve these rights, authority granted to the government should be limited.
It was acknowledged that the nature of government and it’s innate tendency of preservation is only maintained through an eventuality of control and power which in turn would not be compatible with a free society based on the premise of fundamental, human rights.
It was the governmental system of checks and balances which was created in an attempt to prevent and limit governments eventual tendency to violate basic human liberties. The first aspect of limiting and “checking” government was created in the Constitution and Bill of Rights. It was also recognized that a government which was limited but also “Of the people and for the people” required that the core, it’s citizens, act as, arguably, the greatest check to governmental infringement and violations.
What Is A First Amendment Audit?
A popular method of activism which has emerged in conjunction with the rise of social media is something called a “First Amendment Audit”. In more general terms this is referred to as “cop-watching” or “police accountability”. This form of activism entails filming public institutions and public employees in their official capacity. It includes filming police interactions in the public realm, courthouses, city halls, police stations, post offices and so forth.
The purpose of this is to document the reactions of public officials, mainly law enforcement, and their response to citizens exercising their constitutionally protected rights.
Benefits of a First Amendment Audit
A common argument against the practice of “cop-watching” and first amendment audits is “why not simply corporate with the police and show ID if you have nothing to hide”, “why film the police or government institutions for no other purpose than to evict a response from police”, “stop interfering and harassing the police who are trying to do their jobs” and so forth. This argument neglects a fundamental concept of our governmental system and that concept is Government Transparency.
It is through Transparency that the Government is held to accountability standards which limits the potential for abuse and violation of basic legal rights.
If you follow First Amendment Auditors or Police Accountability groups on any social media platform you will see a common trend with law enforcement that is documented through these encounters….Police don’t like it. Often using intimidation techniques. Threatening “obstruction” of the investigation or demanding identification. Only 24 States within the Union are “Stop and Identify” states and even then the police must provide articulable suspicion of a commission of a crime in order to lawfully demand Identification.
Are First Amendment Audits Legal?
Refusing to Identify yourself to law enforcement when engaged in a perfectly legal activity is by no means a crime and/or cause for suspicion. Refusing to answer questions is in no way obstruction of an investigation, it is a right protected under the 5th Amendment. Citizens are not required to help Law Enforcement in these so-called investigations. “Suspicious” activity is a broad notion based almost entirely on subjective perspectives and is not a crime.
We are entitled to be presumed innocent until proven guilty within a court of law. It is unlawful and out of the police’s jurisdiction to issue a command without legal precedence. Furthermore exercising a first amendment right is in no way cause for Police to issue unlawful orders or engage in intimidation tactics when a Citizen refuses an unlawful order. When Law Enforcement attempts to act outside of the bounds of the law and force you to act in accordance with their will through force or threat of force, it amounts to Tyranny.
First Amendment Audits and “Cop-Watching” highlight all these themes as being very common with interactions involving Law Enforcement. Based on our system of Government designed to limit Government influence and control over our daily lives, Police are meant to solely enforce the law and serve the public. Yet it is clear from the evidence highlighted by the cop-watch movement that the current state of law enforcement in our country has become something much more. It has become an institution which continually acts outside the law and acts without being held accountable to the law. In turn, it has become an instrument of control and tyranny.
James Freeman First Amendment Audits
James Freeman, a popular first Amendment Auditor, and Youtuber has been an activist for years and has stated, “I have had numerous interactions with Law Enforcement, some with hidden cameras and some with a visible camera. The difference in the way a Cop behaves is night and day when they know a camera is present.” The fact that Law Enforcement is being recorded, their behavior in the course of their official capacity is being documented, creates a system of checks and balance. It pushes the Police Officer to act in a lawful manner, deterring them from abusing any position or notion of authority. It acts as a push back on government acting out of or above the bounds of the law which in itself is a violation of our fundamental rights.
Yet, even with this deterrent Police will still often act outside the realm of their authority. Police Accountability Activism provides evidence to pursue legal repercussions and seek recourse when law enforcement violates citizens rights. Many YouTube videos document unlawful arrest then follow up with updates documenting Police Change of Policies enacted to ensure Law Enforcement operates within the Law, not above it.
Conclusion
In addition to the presence of Accountability Groups holding Law Enforcement to the limits of authority we as a people grant them, it educates citizens who witness their publications. More and more you find videos on YouTube of average citizens learning, knowing and exercising their rights in interactions with police. In a system of checks and balance and a government for and of the people, the greatest check to
government is in itself, The People. It is essential that as Citizens of a free society, if it wishes to remain free, understands the nature of the political spectrum and how to exercise and protect its rights on a fundamental level. Police Accountability Groups do this, and as many Police Accountability Activist state, the main purpose of these actions is to educate both the public and law enforcement on their rights.
Police Accountability, “Cop-Watchers”, Activist are providing and exercising a very important role in a free society and should be praised. The methods of activist differ in terms of interactions with law enforcement, and it is fair to debate the effectiveness of different methods, but the fundamental notion of holding Government Accountable is something that should be preserved, supported and praised. Let us not forget that the Police are Public Servants. The Courts, City Halls, Police Departments, and Post Offices all operate on funding from our American Taxpayer dollars. They operate, have the jobs and the authority they do because as a free society, we allow them to. It is the responsibility of the people to hold OUR Government accountable.
