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First Amendment Summit > 2023 Schedule
Day #1
08:30 AM: Introduction to the First Amendment
The opening session of the First Amendment Summit, Introduction to the First Amendment, is presented by Attorney Eric Daigle and will cover First Amendment 101 topics. This session will cover topics including First Amendment application to law enforcement and jail operations and the legal implication of policy, training, and operations.
10:30 AM: Employment First Amendment Update
Attorney Eric Atstupenas presents an updated look at employment implications of the First Amendment. This session will cover Freedom of Religion and Freedom of Speech based claims against law enforcement agencies.
1:15 PM: Crowd Management and Public Disorder – Legal
Attorney Eric Daigle presents legal trends in Crowd Management and Public Disorder. This session will review legal standards for law enforcement protest response including time, place, and manner restrictions. This session also will explore the legal definitions of hate speech, threat assessment, and passive resistance.
3:00 PM: Public Order National Standards
Captain Spencer Fomby presents current industry standards for departments to consider when developing policy, training, or managing a protest event. His knowledge as the National Tactical Officers Association Public Order Section Chair and his experience managing public order at his former agency at Berkeley PD, will provide many topics for you to consider in preparing for and managing public order.
Day #2
8:45 AM: Freedom of Religion – Law Enforcement Operations
Attorney Joseph Race presents on the implications of Freedom of Religion on law enforcement operations. From uniform regulations, to shift scheduling and prisoner processing. You should be asking how does Freedom of Religion affect law enforcement operations? This session will work to answer these questions and take deep dive into freedom of religion to govern policy, training and operations.
10:30 AM: Social Media & First Amendment Implications
Attorney Eric Atstupenas presents on the operational challenges of social media and First Amendment implications. This session covers guidance on investigating and disciplining public employees for social media content. A full presentation of “They posted WHAT?”
1:15 PM: Freedom of the Press – What you need to know…
Attorney Mickey Osterreicher and a panel of experts, including Attorney Eric Daigle and Captain Spencer Fomby, discuss recording police and the First Amendment concerns. This session covers legal standards & interpretations, electronic interception platforms, social media monitoring, and policy & training development.
3:00 PM: First Amendment Issues in Detention and Jail Operations
Attorney Carrie Hill discusses police and correctional implications in detention and jail operations related to the First Amendment. The presentation will analyze freedom of religion challenges for detention operations and prisoner processing. Also, focusing on freedom of speech to include mail, telephone, visitation and media as it relates with security considerations. Recommendations of policy and training implications related to the prisoner detention.
Day #3
8:00 AM: Police and the Press: Balancing First Amendment Rights with Operational Challenges of Law Enforcement
This training will present an informative program about the rights and limitations of journalists and citizens to photograph and record law enforcement and public safety officers performing their official duties in public. The discussion will include First, Fourth and Fourteenth Amendment rights, search and seizure, exigent circumstances, qualified immunity, encountering with First Amendment “auditors,” media-crowd management and prohibitions against the destruction or deletion of files and recordings A discussion of case law supporting these rights tempered by valid time, place and manner restrictions will include the most recent cases, rulings and national trends through the use of photos and videos as well as an opportunity to participate with challenging questions.
9:45 AM: Police Use of Social Media & The Constitution – Lurking and Sliding into DMs
Attorney Eric Atstupenas will examine operational challenges of police use of social media and the Constitution implications. This session examines police use of social media during investigations and self-surveillance of social media. Attorney Atstupenas will tackle agency policy and procedure operations as well as blocking, hiding, muting, removing, and policing third-party posts on agency social media sites.
11:30 AM: Crowd Management and Public Disorder – Policy
Attorney Daigle’s closing session will focus on policy development related to Crowd Management and Public Disorder. The presentation will focus on operational guidelines, command, and control, responding to public disorder, declaring an unlawful assembly, and use of force standards.