Serving Barnwell County and it's neighbors since 1852
Joshua Washburn
A local “First Amendment auditor” has been arrested for being a fugitive of justice.
On March 9, 2024, the Blackville Police Department (BPD) responded to Hampton Avenue in Blackville, near Farrell Lane, in reference to a person pointing a weapon.
During the response, officers identified Joshua David Washburn, 40, of Walterboro, S.C. After identifying Washburn, BPD coordinated with central dispatch and learned he had six warrants in Hamilton County, Indiana dating back to 2015.
Once apprehended, Washburn was served with the outstanding Indiana warrants by the Barnwell County Sheriff’s Office on March 11 for being a fugitive of justice. These warrants include possession of a narcotic drug (a Level 6 felony), possession of paraphernalia, resisting law enforcement, invasion of privacy, possession of marijuana, and disorderly conduct, according to Indiana public court records.
BPD is also seeking felony charges for the incident of pointing and presenting a weapon in Blackville.
BPD has been in communication with the Hamilton County Sheriff’s Office and South Carolina Law Enforcement Division (SLED) throughout this process.
Washburn will remain incarcerated at the Barnwell County Detention Center until extradited to Noblesville, Indiana for the six charges, according to the Barnwell County Sheriff's Office who assisted in the arrest.
Washburn, a self-titled “First Amendment auditor,” has been vocal about transparency within local government, often filming many of his interactions with municipal employees and agencies, such as BPD, and posting on YouTube and social media.
First Amendment audits are part of a growing social movement across the country involving video and audio recording in public spaces.
“What we’re doing is exposing the corruption going on in the county of Barnwell, and it’s all over South Carolina, and we’re bringing education to the public,” said Washburn in a Feb. 21 interview with The People-Sentinel. “These people do not know their rights and they are being infringed upon all the time.”
On February 21, Washburn alongside two other “auditors” went to the Barnwell County Department of Motor Vehicles (DMV) requesting information through a Freedom of Information Act (FOIA) request such as names of employees, salaries, disciplinary practices, and the budget expenditures. Washburn explained he then disseminates this information via YouTube.
According to an article by the Municipal Association of South Carolina (MASC)’s Uptown, auditors, “armed with mobile devices and a YouTube channel, have been pushing the boundaries of the First Amendment by entering public buildings, disrupting business and recording reactions” with the primary goal being “to provoke a reaction.”
It is well within an individual's First Amendment rights to photograph, film, or audio record public officials in public spaces. However, auditors with a larger audience can earn profit from posting their video to social media through advertisements and views – causing out-of-state organizations like the New Hampshire Municipal Association to question whether their motives are truly in the effort of increasing governmental transparency.
While the First Amendment allows for freedom of speech and the press, grants the right to assemble, and to petition the government for a redress of grievances, municipalities can place policies on properties they own or certain public areas to ensure normal operations, according to MASC.
On February 5, the City of Barnwell approved the First Amendment Audit policy; an ordinance that sets guidelines for public spaces and expectations for municipal employees.
According to Mayor Ron Still, individuals entering municipal facilities “can be a little bit intimidating to some employees,” and this ordinance “curtails” that.
On February 13, the Town of Williston passed a similar ordinance that sets guidelines to prevent “activity that disrupts or interferes with the normal operation of administration of municipality business.”
The ordinance further deems certain municipal properties as limited access areas, such as employee offices, mailrooms and break areas, and maintenance and warehouse facilities.
Only employees, elected and appointed officials, and those invited can access limited access areas for the “express purpose of conducting business.”
According to the Town of Williston’s ordinance, law enforcement can approach those recording video or audio in public spaces if a complaint is made from municipal employees who find the action suspicious.
However, law enforcement cannot use photography, audio, or recording as a reason for probable cause in a potential future investigation.
The Town of Blackville has been the recipient of numerous FOIA requests by local “auditors” and interactions with town employees have been shared across social media.
At the town’s February 20 meeting, Washburn alongside another local auditor, John “Ethan” Hutson, spoke during public comment stating the town has failed to provide timely fulfillment to submitted FOIA requests.
Hutson detailed interactions between himself and town administrator Fonda Patrick, as well as interactions with BPD Chief Ray Crawford which he recalls being “scared” during. Many of these interactions were filmed and are available on the social media accounts of “auditors.”
At the town’s March 18 meeting, the council passed an ordinance titled the First Amendment Audit Policy. This ordinance similarly sets guidelines for the use of public spaces and requirements of municipal employees.
“We do not want to impact anybody’s rights,” said Mayor Pernell. “You have the right to certain things, but at the same time there is a guideline that needs to be followed, and that’s why we’re adopting this policy.”
