Archive for January, 2015

Rutherford Institute Attorneys Present Oral Argument Before the 4th Circuit Court of Appeals in Defense of Marine Who Was Arrested & Locked Up in a Psych Ward for Criticizing the Government on Facebook

RICHMOND, Va. — Attorneys for The Rutherford Institute will present oral argument in Raub v. Campbell before the U.S. Court of  Appeals for the Fourth Circuit on Jan. 28, 2015, asking the court to reinstate the lawsuit of a decorated Marine who was seized by a swarm of Secret Service, FBI and local police officials and involuntary committed for a week because of controversial song lyrics and political views he posted on his Facebook page. In a related matter, Rutherford Institute attorneys have filed an amicus brief with the U.S. Supreme Court in Elonis v. United States on behalf of a Pennsylvania man who was charged with making unlawful threats and sentenced to 44 months in jail after he posted allusions to popular song lyrics and comedy routines on his Facebook page.

“Whether it’s a Marine arrested for criticizing the government on Facebook or an ex-husband jailed for expressing his frustrations through rap lyrics on Facebook, the end result is the same—the criminalization of free speech,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “While social media and the Internet have become critical forums for individuals to freely share information and express their ideas, they have unfortunately also become tools for the government to monitor, control and punish the populace for behavior and speech that may be controversial but are far from criminal.”

Brandon Raub, a decorated Marine who has served tours in Iraq and Afghanistan, uses his Facebook page to post song lyrics and air his political opinions. On Aug.16, 2012, Chesterfield police, Secret Service and FBI agents arrived at Raub’s home, asked to speak with him about his Facebook posts, and without providing any explanation, levying any charges against Raub or reading him his rights, handcuffed Raub and transported him to police headquarters, then to a medical facility, where he was held against his will for psychological evaluation and treatment.

In coming to Raub’s aid, Rutherford Institute attorneys challenged the government’s actions as a violation of Raub’s First and Fourth Amendment rights. On Aug. 23, Circuit Court Judge Allan Sharrett ordered Raub’s immediate release, stating that the government’s case was “so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.” Rutherford Institute attorneys filed a lawsuit in May 2013, challenging the government’s actions as procedurally improper and legally unjustified. In February 2014, a U.S. District Court judge dismissed the lawsuit, rejecting concerns over government suppression of dissident speech as “far-fetched.”

In appealing to the Fourth Circuit, Institute attorneys claim that the Chesterfield County mental health screener who recommended Raub’s seizure and commitment failed to exercise reasonable professional judgment in interviewing and in wrongly determining that Raub was mentally ill and dangerous, thereby violating Raub’s rights under the Fourth Amendment. The lawsuit also asserts that Raub’s seizure and detention were the result of a mental health screener’s dislike of Raub’s “unpatriotic” views on federal government misconduct, thereby violating the ex-Marine’s First Amendment right to freedom of speech.

 

LEGAL ACTION

Click here to read The Rutherford Institute’s reply brief in Brandon Raub v. Michael Campbell

Click here to read The Rutherford Institute’s brief in Brandon Raub v. Michael Campbell

Click here to read Judge Hudson’s decision in Raub v. Bowen et. al.

Click here to read The Rutherford Institute’s complaint in Raub v. Bowen et. al.

“In many parts of the country, teachers are viewed as beyond reproach, much like doctors, police officers, or clergy … and, therefore, are rarely challenged about their classroom conduct. In some cases, this means that actions that would be considered criminal if committed by a parent remain unchallenged by law enforcement if they occur in a school setting.”—Senator Tom Harkin, “Dangerous Use of Seclusion and Restraints in Schools Remains Widespread and Difficult to Remedy: A Review of Ten Cases

Roughly 1500 kids are tied up or locked down every day by school officials in the United States.

At least 500 students are locked up in some form of solitary confinement every day, whether it be a padded room, a closet or a duffel bag. In many cases, parents are rarely notified when such methods are used.

On any given day when school is in session, kids who “act up” in class are pinned facedown on the floor, locked in dark closets, tied up with straps, bungee cords and duct tape, handcuffed, leg shackled, tasered or otherwise restrained, immobilized or placed in solitary confinement in order to bring them under “control.”

In almost every case, these undeniably harsh methods are used to punish kids for simply failing to follow directions or throwing tantrums. Very rarely do the kids pose any credible danger to themselves or others.

Unbelievably, these tactics are all legal, at least when employed by school officials or school resource officers (a.k.a. police officers) in the nation’s public schools.

For example, in what may be the youngest example of a child being restrained in this way, in October 2014, a 4-year-old Virginia preschooler was handcuffed, leg shackled and transported to the sheriff’s office after reportedly throwing blocks and climbing on top of the furniture. School officials claim the restraints were necessary to protect the adults from injury.

In New York, “school safety agents” tied a 5-year-old ADHD student to a chair with Velcro straps as a punishment for throwing a tantrum in class. Police officers claim the straps were necessary because the boy had tried to bite one of the adults.

A 6-year-old kindergarten student in a Georgia public school was handcuffed, transported to the police station, and charged with simple battery of a schoolteacher and criminal damage to property for throwing a temper tantrum at school.

A second-grader in Arizona who suffers from ADHD was duct-taped to her chair after getting up to sharpen her pencil too often.

Kentucky school officials placed a 9-year-old autistic student in a duffel bag as a punishment acting up in class. Turns out, it wasn’t the first time the boy had been placed inside the “therapy bag.”

An 11-year-old special needs student had his hands cuffed behind his back and was driven home in a police car after refusing to come inside after recess and acting in an out of control manner by “passively” resisting police officers.

Unfortunately, these are far from isolated incidents.

According to a ProPublica investigative report, such harsh punishments are part of a widespread phenomenon plaguing school districts across the country.

Indeed, as investigative reporter Heather Vogell points out, this is a local story everywhere. It’s happening in my town. It’s happening in your town. It’s happening in every school district in America.

In 2012 alone, there were more than 267,000 attempts by school officials to restrain or lock up students using straps, bungee cords, and duct tape. The numbers are likely far greater when one accounts for the schools that underreport their use of such tactics.

Vogell found that “most [incidents] of restraints and seclusions happen to kids with disabilities—and are more likely to happen to kids with autism or emotional/behavioral problems.” Often due to their age, their emotional distress, or their disabilities, these young people are unable to tell their parents about the abusive treatment being meted out to them by school officials.

At least 500 students are placed in “Scream Rooms” every day (there were 104,000 reported uses of scream rooms in a given year). For those unfamiliar with the term, a “scream room” is an isolated, unmonitored, locked room—sometimes padded, often as small as four-feet-by-four-feet—which school officials use to place students in seclusion.

These scream rooms are a far cry from the tested and approved “time out,” which involves monitoring the child in a non-locked setting in order to calm him down. As psychiatrist Keith Albow points out, “Scream rooms are nothing but solitary confinement, and by extension, that makes every school that uses them a prison. They turn principals into wardens and make every student an inmate.”

Schools acting like prisons. School officials acting like wardens. Students treated like inmates and punished like hardened criminals.

This is the end product of all those so-called school “safety” policies, which run the gamut from zero tolerance policies that punish all infractions harshly to surveillance cameras, metal detectors, random searches, drug-sniffing dogs, school-wide lockdowns, active-shooter drills and militarized police officers.

Paradoxically, instead of making the schools safer, school officials have succeeded in creating an environment in which children are so traumatized that they suffer from post-traumatic stress disorder, nightmares, anxiety, mistrust of adults in authority, as well as feelings of anger, depression, humiliation, despair and delusion.

Even in the face of parental outrage, lawsuits, legislative reforms, investigative reports and endless cases showing that these tactics are not working and “should never be used for punishment or discipline,” full-grown adults—police officers and teachers alike—insist that the reason they continue to handcuff, lock up and restrain little kids is because they fear for their safety and the safety of others.

“Fear for one’s safety” has become such a hackneyed and threadbare excuse for behavior that is inexcusable. Dig a little deeper and you’ll find that explanation covers a multitude of sins, whether it’s poorly trained police officers who shoot first and ask questions later, or school officials who are ill-equipped to deal with children who act like children, meaning they don’t always listen, they sometimes throw tantrums, and they have a hard time sitting still.

That’s not to say all schools are bad. In fact, there are a small but growing number of schools that are proactively switching to a policy of Positive Behavior Interventions and Supports (PBIS), which relies on the use of “engaging instruction, combined with acknowledgement or feedback of positive student behavior,” in order to reduce the need for unnecessary discipline and promote a climate of greater productivity, safety, and learning. One school in Pennsylvania for children with significant behavior challenges found that they were able to “reduce the use of physical restraint from approximately 1,000 incidents per year in 1998 to only three incidents total in 2012” after switching to a PBIS-oriented program. If exposed to this positive reinforcement early enough in school, by the time a student makes it to the third grade, little to no intervention is required.

Unfortunately, these schools are still in the minority in an age that values efficiency, expediency and conformity, where it’s often faster and easier to “lock down” a kid who won’t sit still, won’t follow orders, and won’t comply.

Certainly, this is a mindset we see all too often in the American police state.

So what’s the answer, not only for the here-and-now—the children growing up in these quasi-prisons—but for the future of this country? How do you convince a child who has been routinely handcuffed, shackled, tied down, locked up, and immobilized by government officials—all before he reaches the age of adulthood—that he has any rights at all, let alone the right to challenge wrongdoing, resist oppression and defend himself against injustice?

A Government of Wolves book coverMost of all, as I point out in my book A Government of Wolves: The Emerging American Police State, how do you persuade a fellow American that the government works for him when for most of his young life, he has been incarcerated in an institution that teaches young people to be obedient and compliant citizens who don’t talk back, don’t question and don’t challenge authority?

Peter Gray, a professor of psychology at Boston College, believes that school is a prison that is damaging our kids, and it’s hard to disagree, especially with the numbers of police officers being assigned to schools on the rise. What this means, notes Mother Jones, is greater police “involvement in routine discipline matters that principals and parents used to address without involvement from law enforcement officers.”

Students, in turn, are not only finding themselves subjected to police tactics such as handcuffs, leg shackles, tasers and excessive force for “acting up” but are also being ticketed, fined and sent to court for behavior perceived as defiant, disruptive or disorderly such as spraying perfume and writing on a desk.

Clearly, the pathology that characterizes the American police state has passed down to the schools. Now in addition to the government and its agents viewing the citizenry as suspects to be probed, poked, pinched, tasered, searched, seized, stripped and generally manhandled, all with the general blessing of the court, our children in the public schools are also fair game.

What can be done?

Without a doubt, change is needed, but that will mean taking on the teachers’ unions, the school unions, the educators’ associations, and the police unions, not to mention the politicians dependent on their votes and all of the corporations that profit mightily from an industrial school complex.

As we’ve seen with other issues, any significant reforms will have to start locally and trickle upwards. For a start, parents need to be vocal, visible and organized and demand that school officials 1) adopt a policy of positive reinforcement in dealing with behavior issues; 2) minimize the presence in the schools of police officers and cease involving them in student discipline; and 3) insist that all behavioral issues be addressed first and foremost with a child’s parents, before any other disciplinary tactics are attempted.

“Children are the messages we send to a time we will not see,” Professor Neil Postman once wrote. If we do not rein in the police state’s influence in the schools, the future to which we are sending our children will be characterized by a brutal, totalitarian regime.

VICTORY: U.S. Supreme Court Rejects Government Effort to Crack Down on Whistleblowers, Sides with Air Marshal Concerned About Public Safety

WASHINGTON, D.C. —In a 7-2 ruling in Department of Homeland Security v. MacLean, the U.S. Supreme Court has rejected the federal government’s attempts to eviscerate protections for employee speech under the Whistleblower Protection Act (WPA). In upholding a federal air marshal’s claim that he was improperly fired by the Transportation Security Administration after he leaked to the media a plan by the TSA to remove air marshals from long distance flights as a cost-savings measure, the justices affirmed a lower court ruling that federal agencies may not issue regulations that remove the protections of the WPA for certain information, requiring exemptions be specifically approved by Congress.

In an amicus curiae brief filed in the case, attorneys for The Rutherford Institute argued that government agencies should not have the power to unilaterally determine what kind of information federal employees are forbidden from disclosing, asserting that this would further tip the balance toward agencies, allowing them to exploit their rulemaking powers to target legitimate whistleblowers acting in the interest of public safety.

A Government of Wolves book cover“Ironically, while the Department of Homeland Security continues to push its ‘See Something, Say Something’ campaign urging Americans to report suspicious behavior to the police, call it in to a government hotline, or report it using a convenient app on their smart phone, the government doesn’t take kindly to having its dirty deeds publicized and, God forbid, being made to account for them,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “Unfortunately, this is par for the course for the Obama administration, whose actions, ranging from its reliance on secret courts, secret laws and secret surveillance in order to sidestep the rule of law to its relentless pursuit of whistleblowers, fly in the face of its claims of transparency.”

Having formerly served in the U.S. Air Force and as a border patrol agent, Robert J. MacLean volunteered to serve as an air marshal in the wake of the September 11 attacks. Air marshals are federal law enforcement agents who travel undercover aboard commercial airliners. In July 2003, MacLean and other air marshals were briefed about a specific and imminent terrorist threat to long-distance flights. Despite the warning, less than three days later, MacLean and other air marshals received a text message from their superiors cancelling all overnight missions, thereby removing air marshals from long-distance flights. Believing the text message to be a mistake, MacLean contacted his superiors who confirmed the message and told MacLean this was being done to save money on overnight hotels, overtime and other travel allowances. After failed attempts to raise his concerns with independent investigators, MacLean alerted an MSNBC reporter to the government’s plan to remove air marshals from many flights. The news report aired without identifying MacLean. The story produced outrage in Congress, and the DHS soon rescinded its order. MacLean’s role as a whistleblower was revealed three years later, at which time, the TSA fired him for disclosing “sensitive security information” (SSI). Although the text message removing air marshals from long distance flights was not classified as SSI when it was sent, the DHS issued an order classifying it as SSI retroactively. The U.S. Court of Appeals for the Federal Circuit sided with MacLean, ruling that he was entitled to argue that he was protected by whistleblower laws after he was fired by the TSA in 2006. However, lawyers for the Obama administration disputed that ruling in the U.S. Supreme Court, claiming that it effectively permits individual federal employees to override the TSA’s judgments about the dangers of public disclosure.

“As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air – however slight – lest we become unwitting victims of the darkness.” ― Supreme Court Justice William O. Douglas

No matter what the politicians say about how great America is and how we, as a people, will always triumph, the fact is that the nation seems to be imploding.

Despite the dire state of our nation, however, you can rest assured that none of the problems that continue to plague our lives and undermine our freedoms will be addressed by our so-called elected representatives in any credible, helpful way, and certainly not during a State of the Union address.

Consider the following facts:

Our government is massively in debt. Currently, the national debt is somewhere in the vicinity of $18 trillion. More than a third of our debt is owned by foreign countries, namely China and Japan.

Our education system is abysmal. Despite the fact that we spend more than most of the world on education ($115,000 per student), we rank 36th in the world when it comes to math, reading and science, far below most of our Asian counterparts. Even so, we continue to insist on standardized programs such as Common Core, which teach students to be test-takers rather than thinkers.

Source: USA Today

Our homes provide little protection against government intrusions. Police agencies, already empowered to crash through your door if they suspect you’re up to no good, now have radars that allow them to “see” through the walls of your home.

Our prisons, housing the largest number of inmates in the world and still growing, have become money-making enterprises for private corporations that rely on the inmates for cheap labor.

We are no longer a representative republic. The U.S. has become a corporate oligarchy. As a recent survey indicates, our elected officials, especially those in the nation’s capital, represent the interests of the rich and powerful rather than the average citizen.

We’ve got the most expensive, least effective health care system in the world compared to other western, industrialized nations.

The air pollution levels are dangerously high for almost half of the U.S. population, putting Americans at greater risk of premature death, aggravated asthma, difficulty breathing and future cardiovascular problems.

Despite outlandish amounts of money being spent on the nation’s “infrastructure,” there are more than 63,000 bridges—one out of every 10 bridges in the country—in urgent need of repair. Some of these bridges are used 250 million times a day by trucks, school buses, passenger cars and other vehicles.

Americans know little to nothing about their rights or how the government is supposed to operate. This includes educators and politicians. For example, 27 percent of elected officials cannot name even one right or freedom guaranteed by the First Amendment, while 54 percent do not know the Constitution gives Congress the power to declare war.

Nearly one out of every three American children live in poverty, ranking us among the worst in the developed world.

Patrolled by police, our schools have become little more than quasi-prisons in which kids as young as age 4 are being handcuffed for “acting up,” subjected to body searches and lockdowns, and suspended for childish behavior.

We’re no longer innocent until proven guilty. In our present surveillance state, that burden of proof has now been shifted so that we are all suspects to be spied on, searched, scanned, frisked, monitored, tracked and treated as if we’re potentially guilty of some wrongdoing or other.

Parents, no longer viewed as having an inherent right to raise their children as they see fit, are increasingly being arrested for letting their kids walk to the playground alone, or play outside alone. Similarly, parents who challenge a doctor’s finding or request a second opinion regarding their children’s health care needs are being charged with medical child abuse and, in a growing number of cases, losing custody of their children to the government.

Private property means little at a time when SWAT teams and other government agents can invade your home, break down your doors, kill your dog, wound or kill you, damage your furnishings and terrorize your family. Likewise, if government officials can fine and arrest you for growing vegetables in your front yard, praying with friends in your living room, installing solar panels on your roof, and raising chickens in your backyard, you’re no longer the owner of your property.

Court rulings undermining the Fourth Amendment and justifying invasive strip searches have left us powerless against police empowered to forcefully draw our blood, forcibly take our DNA, strip search us, and probe us intimately. Accounts are on the rise of individuals—men and women alike—being subjected to what is essentially government-sanctioned rape by police in the course of “routine” traffic stops.

Americans can no longer rely on the courts to mete out justice. The courts were established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet the courts increasingly march in lockstep with the police state, while concerned themselves primarily with advancing the government’s agenda, no matter how unjust or illegal.

Americans have no protection against police abuse. It is no longer unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later. What is increasingly common, however, is the news that the officers involved in these incidents get off with little more than a slap on the hands.

If there is any absolute maxim by which the federal government seems to operate, it is that the American taxpayer always gets ripped off. This is true, whether you’re talking about taxpayers being forced to fund high-priced weaponry that will be used against us, endless wars that do little for our safety or our freedoms, or bloated government agencies such as the National Security Agency with its secret budgets, covert agendas and clandestine activities. Rubbing salt in the wound, even monetary awards in lawsuits against government officials who are found guilty of wrongdoing are paid by the taxpayer.

Americans are powerless in the face of militarized police. In early America, government agents were not permitted to enter one’s home without permission or in a deceitful manner. And citizens could resist arrest when a police officer tried to restrain them without proper justification or a warrant. Daring to dispute a warrant with a police official today who is armed with high-tech military weapons would be nothing short of suicidal. Moreover, as police forces across the country continue to be transformed into extensions of the military, Americans are finding their once-peaceful communities transformed into military outposts, complete with tanks, weaponry, and other equipment designed for the battlefield.

A Government of Wolves book coverNow these are not problems that you can just throw money at, as most politicians are inclined to do. As I point out in my book A Government of Wolves: The Emerging American Police State, these are problems that will continue to plague our nation unless and until Americans wake up to the fact that we’re the only ones who can change things.

For starters, we’ll need to actually pay attention to what’s going on around us, and I don’t mean by turning on the TV news, which is little more than government propaganda. Pay attention to what your local city councils are enacting. Pay attention to what your school officials are teaching and not teaching. Pay attention to whom your elected officials are allowing to wine and dine them.

Most of all, stop acting like it really matters whether you vote for a Republican or Democrat, because it doesn’t, and start acting like citizens who expect the government to work for them, rather than the other way around.

While that bloated beast called the federal government may not listen to you, you can have a great impact on your local governing bodies. This will mean gathering together with your friends and neighbors and, for example, forcing your local city council to start opposing state and federal programs that are ripping you off. And if need be, your local city council can refuse to abide by the dictates that continue to flow from Washington, DC.

All of the signs point to something nasty up ahead. The time to act is now.

WASHINGTON, DC — In a strong endorsement of religious liberty, the United States Supreme Court has unanimously held that the Arkansas Department of Corrections violated the rights of a Muslim prisoner by refusing to allow him to grow a short beard in accordance with his religious beliefs. The Court’s decision in Holt v. Hobbs held that the prison policy forbidding beards for religious reasons violates the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law requiring that prison policies that substantially burden a prisoner’s exercise of religion be supported by a compelling interest.

The Rutherford Institute, which was instrumental in the drafting and enactment of RLUIPA in 2000, filed an amicus brief in support of the prisoner’s First Amendment rights, noting that prison authorities failed to consider other ways to maintain prison safety that would accommodate the religious exercise of prisoners.

A Government of Wolves book cover“At one time, prisoners were considered ‘slaves of the state,’ having forfeited their basic constitutional rights by engaging in criminal activity. Thankfully, a growing concern for how we treat ‘the least of these’ has ensured that prisoners are afforded some basic constitutional protections, even while the debate over prisoners’ rights—whether it pertains to religious freedom, the right to vote, or the right to bodily integrity—rages on,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “At a time when America’s prison population is growing, laws criminalizing the most mundane activities are on the rise, states have a financial incentive to keep private prisons at capacity, and the courts are inclined to side with law enforcement in matters of security—no matter how questionable the claim or minimal the accommodation, it is in all of our best interests to ensure that those incarcerated are treated as we ourselves would want to be treated if the tables were turned: with dignity, decency and compassion.”

Gregory Holt is a prisoner assigned to a prison within the Arkansas Department of Correction (“ADC”). One essential tenet of Holt’s Salafi Muslim faith is to follow the sayings of the Prophet Muhammad as collected in the hadith. This includes the requirement to “keep the mustaches short [but] leave the beard as it is.” The ADC grooming policy, however, prohibits prisoners from growing beards, although it does allow beards to be maintained by prisoners with diagnosed dermatological conditions. After Holt’s request for an exemption from the no-beards rule was denied by prison officials, he brought a lawsuit alleging that application of the rule to him violated RLUIPA and seeking an order that he be allowed to grow and maintain a one-half inch beard.

At a court hearing, prison officials asserted their belief that the no-beard rule was needed to protect prison security because inmates could hide contraband in a one-half inch beard, although they were unable to provide any specific examples. Accepting this testimony and deferring to the judgment of these prison officials, the lower courts ruled that officials had demonstrated a “compelling” interest for the no-beard rule and that the rule was the least restrictive means of furthering that interest, thereby satisfying the strict scrutiny test required by RLUIPA. The Supreme Court granted Holt’s request to review the case and resolve a conflict in the decisions of federal courts, most of which have ruled that prison no-beard policies violate the rights of Muslim prisoners under RLUIPA.

In its amicus brief supporting Holt, Rutherford Institute attorneys argued that the security concerns of ADC are largely illusory, as shown by the experience of more than forty prison systems that have grooming policies without express restrictions on beards, or have provisions for religious exceptions. Affiliate attorneys Anand Agneshwar, Carl S. Nadler and Anna K. Thompson of Arnold & Porter, LLP, assisted The Rutherford Institute in advancing the arguments in theamicus brief before the Supreme Court.

 

If we are to truly honor Martin Luther King’s legacy, we must do more than pay lip service to his life and the cause for which he died. Rather, like King, we must put aside our complacency and speak out against the evils of our time. King risked his life to champion the causes of the oppressed and pressed on to the end when all seemed to be against him. If there is to be any real and lasting hope that things will turn around in America, we must do the same.

King understood that the government is a bloated, lazy beast that is extremely reluctant to move in any positive way that benefits the people. Thus, the way you impact government the most is to force it to expend energy in dealing with issues. The place to start is by studying the tactics of past protest movements, including the Civil Rights movement, all of which involved mass marches, occupying public spaces, participating in civil disobedience, and speaking truth to power. Keep in mind, however, that the police response was repression in the form of tear gas, dogs, fire hoses, and arrests.

Not much has changed. We still live in uncertain times, threatened on all sides by economic crises, violence at home and wars abroad, and a government bureaucracy that is out of control. Yet all is not lost. Average citizens, properly motivated and ready to take to the streets, can bring about change. However, it is up to you and me to make sure that King’s dream of “justice for all” is more than a phrase recited by school children. If we are to honor King’s life and legacy, we must be extremists for change and speak truth to power at every opportunity. As King instructed, “freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.” The time to act is now. Tomorrow may well be “too late.” — John W. Whitehead, author of “A Government of Wolves: The Emerging American Police State

The U.S. Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet, as John W. Whitehead points out in this week’s vodcast, Americans can no longer rely on the courts to mete out justice. In the police state being erected around us, the police and other government agents can probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts.

STANARDSVILLE, Va. — After being contacted by attorneys with The Rutherford Institute, officials with the Greene County Public Schools have agreed to rescind the suspension of a four-year-old preschool student who, after allegedly acting up in class, was handcuffed and shackled by a school resource officer and transported to the sheriff’s office.

School officials have also agreed to remove the documentation of the disciplinary action from the child’s records. Moreover, school officials have indicated they would undertake a review of the division’s restraint policy and practices, all the while asserting that they never approved of or directed the use of such restraints as a method of managing student behavior problems. Nevertheless, the administration is defending the decision by school officials to have the school resource officer intervene in the incident involving the four-year-old.

Rutherford Institute attorneys will continue to advise the four-year-old’s mother regarding her legal options regarding the use of force by the sheriff’s deputy.

A Government of Wolves book cover“This is not an isolated incident. Every week, The Rutherford Institute is asked to intervene in yet another case in which a child is suspended, handcuffed, arrested and subjected to all manner of injustices for daring to act like children: asking questions, using their imaginations, refusing to be politically correct, and telling the truth,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “With many of America’s schools now looking more like prisons than learning facilities, with metal detectors at the entrances, drug-sniffing dogs in the hallways and surveillance cameras in the classrooms and elsewhere, it’s no wonder our young people are being treated like criminals and are growing up believing that they have no rights.”

The incident occurred on October 16, 2014, while four-year-old C.B. was in one of the pre-Kindergarten programs at Nathanael Greene Primary School. According to school officials, C.B. was removed from the classroom after allegedly becoming agitated and throwing several items onto the floor. School personnel then telephoned C.B.’s mother, Tracy Wood, who indicated she would come and get the child.

Although school personnel knew C.B.’s mother was en route to NGPS, they called in the school’s resource officer, a Greene County deputy sheriff, to confront the preschooler. The sight of the law enforcement officer reportedly only served to agitate C.B. further. Instead of employing positive reinforcement, a bear hug or some other method of control appropriate for children, the officer escalated the situation by treating the 4-year-old as if he were being arrested: handcuffing C.B. and transporting him in a police car to a Greene County Sheriff’s office.

Upon arriving at NGPS, Ms. Wood was stunned to learn that her son had been transported to the Sheriff’s office. After a frantic trip to the police station, Ms. Wood arrived to find her son traumatized and in leg shackles, like an inmate being transported for a court appearance. To her dismay, Ms. Wood learned that not only had the 4-year-old been handcuffed and shackled for about 20 minutes, but that the police officer had allegedly forced C.B. to speak with persons who had been arrested in an apparent attempt to “scare straight” the preschooler. Incredibly, C.B. was held in handcuffs or shackles for about 20 minutes.

Rather than recognizing the imprudence of treating a young child like a hardened criminal, school officials and the sheriff’s office not only defended their actions but actually suspended C.B. from the pre-K program and instructed his mother to seek “homebound instruction” for him.

In coming to C.B.’s defense, Rutherford Institute attorneys asked that school officials rescind the suspension, remove any indication of the incident from C.B.’s records, and implement policies making it clear that handcuffing, shackling and other similar excessive restraint techniques are never appropriate when dealing with children of tender years.

“Technological progress has merely provided us with more efficient means for going backwards.” ― Aldous Huxley, Ends and Means

If 2014 was the year of militarized police, armored tanks, and stop-and-frisk searches, 2015 may well be the year of technologized police, surveillance blimps and scan-and-frisk searches.

Just as we witnessed neighborhood cops being transformed into soldier cops, we’re about to see them shapeshift once again, this time into robocops, complete with robotic exoskeletons, super-vision contact lenses, computer-linked visors, and mind-reading helmets.

Similarly, just as military equipment created for the battlefield has been deployed on American soil against American citizens, we’re about to see military technology employed here at home in a manner sure to annihilate what’s left of our privacy and Fourth Amendment rights.

For instance, with the flick of a switch (and often without your even being aware of the interference), police can now shut down your cell phone, scan your body for “suspicious” items as you walk down the street, test the air in your car for alcohol vapors as you drive down the street, identify you at a glance and run a background check on you for outstanding warrants, piggyback on your surveillance devices to listen in on your conversations and “see” what you see on your private cameras, and track your car’s movements via a GPS-enabled dart.

That doesn’t even begin to scrape the surface of what’s coming down the pike, with law enforcement and military agencies boasting technologies so advanced as to render everything up until now mere child’s play.

Once these technologies, which used to belong exclusively to the realm of futuristic sci-fi films, have been unleashed on an unsuspecting American public, it will completely change the face of American policing and, in the process, transform the landscape of what we used to call our freedoms.

It doesn’t even matter that these technologies can be put to beneficial uses. As we’ve learned the hard way, once the government gets involved, it’s only a matter of time before the harm outweighs the benefits.

Imagine, if you will, self-guided “smart” bullets that can track their target as it moves, solar-powered airships that provide persistent wide-area surveillance and tracking of ground “targets,” a grenade launcher that can deliver 14 flash-bang grenade rounds, invisible tanks that can blend into their surroundings and masquerade as a snow bank or a soccer mom’s station wagon, and a guided mortar weapon that can target someone up to 12 miles away.

Or what about “less lethal weapons” such as the speech jammer gun, which can render a target tongue-tied; sticky foam guns, which shoot foam that hardens on contact, immobilizing the victim; and shock wave generators, which use the shockwaves from a controlled explosion to knock people over.

Now imagine trying to defend yourself against such devices, which are incapable of distinguishing between an enemy combatant and a civilian. For that matter, imagine attempting to defend yourself or your loved ones against police officers made superhuman thanks to technology that renders them bullet-proof, shatter-proof, all-seeing, all-knowing and all-powerful.

Does rendering a government agent superhuman make them inhuman, as well, unable to relate to the mass of humanity they are sworn to protect and defend?

Pointing out that the clothes people wear can affect how they act, Salon magazine reporter Geordie Mcruer notes that “when clothing has symbolic meaning – such as a uniform that is worn only by a certain profession – it prepares the mind for the pursuit of goals that are consistent with the symbolic meaning of the clothing.”

Mcruer continues:

When we dress our police officers in camouflage before deploying them to a peaceful protest, the result will be police who think more like soldiers. This likely includes heightening their perception of physical threats, and increasing the likelihood that they react to those threats with violence. Simply put, dressing police up like soldiers potentially changes how they see a situation, changing protesters into enemy combatants, rather than what they are: civilians exercising their democratic rights…

When police wear soldiers’ clothing, and hold soldiers’ weapons, it primes them to think and act like soldiers. Furthermore, clothing that conceals their identity – such as the helmets, gas masks, goggles, body armor and riot shields that are now standard-issue for officers at peaceful protests – will increase the likelihood that officers react aggressively to the situation. As a result of the fact that they are also dressed like soldiers, they are more likely to interpret the situation as hostile and will more readily identify violence as the best solution.

While robocops are problematic enough, the problem we’re facing is so much greater than technology-enhanced domestic soldiers.

A Government of Wolves book coverAs I make clear in my book A Government of Wolves: The Emerging American Police State, we’re on the cusp of a major paradigm shift from fascism disguised as a democracy into a technocratic surveillance society in which there are no citizens, only targets. We’re all targets now, to be scanned, surveilled, tracked and treated like blips on a screen.

What’s taking place in Maryland right now is a perfect example of this shift. With Congress’ approval and generous funding (and without the consensus of area residents), the Army has just launched two massive, billion dollar surveillance airships into the skies over Baltimore, each airship three times the size of a Goodyear blimp, ostensibly to defend against cruise missile attacks. Government officials claim the surveillance blimps, which provide highly detailed radar imaging within a 340-mile radius, are not presently being used to track individuals or carry out surveillance against citizens, but it’s only a matter of time before that becomes par for the course.

In New York, police will soon start employing mobile scanners that allow them to scan people on the street in order to detect any hidden objects under their clothes, whether it be a gun, a knife or anything else that appears “suspicious.” The scanners will also let them carry out enhanced data collection in the field—fingerprints, iris scans, facial mapping—which will build the government’s biometric database that much faster. These scanners are a more mobile version of the low radiation X-ray vans used to scan the contents of passing cars.

Google Glass, being considered for use by officers, would allow police to access computer databases, as well as run background checks on and record anyone in their line of sight.

One program, funded by $160 million in asset forfeiture funds, would equip police officers and vehicles with biometric smartphones that can scan individuals’ fingerprints and cross check it against criminal databases. The devices will also contain real-time 911 data, warrant information from federal, state and city databases, photographs of missing persons, suspects, Crime Stoppers posters and other persons of interest, and the latest cache of information on terror suspects.

Stand-off lasers can detect alcohol vapors in a moving car. “If alcohol vapors are detected in the car, a message with a photo of the car including its license plate is sent to a police officer waiting down the road. Then, the police officer stops the car and checks for signs of alcohol using conventional tests.”

Ekin Patrol cameras, described as “the first truly intelligent patrol unit in the world,” can not only detect the speed of passing cars but can generate tickets instantaneously, recognize and store the license plates of stopped, moving or parked vehicles, measure traffic density and violation data and engage in facial recognition of drivers and passengers.

Collectively, all of these gizmos, gadgets and surveillance devices render us not just suspects in a surveillance state but also inmates in an electronic concentration camp. As journalist Lynn Stuart Parramore notes:

The Information Age … has turned out rather differently than many expected. Instead of information made available for us, the key feature seems to be information collected about us. Rather of granting us anonymity and privacy with which to explore a world of facts and data, our own data is relentlessly and continually collected and monitored. The wondrous things that were supposed to make our lives easier—mobile devices, gmail, Skype, GPS, and Facebook—have become tools to track us, for whatever purposes the trackers decide. We have been happily shopping for the bars to our own prisons, one product at a time.

Unfortunately, eager as we are for progress and ill-suited to consider the moral and spiritual ramifications of our planned obsolescence, we have yet to truly fathom what it means to live in an environment in which we are always on red alert, always under observation, and always having our actions measured, judged and found wanting under some law or other intrusive government regulation.

There are those who are not at all worried about this impending future, certain that they have nothing to hide. Rest assured, soon we will all have nowhere to hide from the prying eyes of a government bound and determined to not only know everything about us—where we go, what we do, what we say, what we read, what we keep in our pockets, how much money we have on us, how we spend that money, who we know, what we eat and drink, and where we are at any given moment—but prepared to use that information against us, whenever it becomes convenient and profitable to do so.

Making the case that we’re being transformed as citizens, neighbors and human beings, Parramore identifies six factors arising from a society in which surveillance becomes the norm: a shift in power dynamics, in which the “watcher” becomes all-seeing and all-powerful; an incentive to turn citizens into outlaws by criminalizing otherwise lawful activities; diminished citizenship; an environment of suspicion and paranoia; a divided society comprised of the watchers and the watched; and “a society of edgy, unhappy beings whose sense of themselves is chronically diminished.”

As Parramore rightly concludes, this is “not exactly a recipe for Utopia.”

“There will come a time when it isn’t ‘They’re spying on me through my phone’ anymore. Eventually, it will be ‘My phone is spying on me.’” ― Philip K. Dick

If ever Americans sell their birthright, it will be for the promise of expediency and comfort delivered by way of blazingly fast Internet, cell phone signals that never drop a call, thermostats that keep us at the perfect temperature without our having to raise a finger, and entertainment that can be simultaneously streamed to our TVs, tablets and cell phones.

Likewise, if ever we find ourselves in bondage, we will have only ourselves to blame for having forged the chains through our own lassitude, laziness and abject reliance on internet-connected gadgets and gizmos that render us wholly irrelevant.

Indeed, while most of us are consumed with our selfies and trying to keep up with what our so-called friends are posting on Facebook, the megacorporation Google has been busily partnering with the National Security Agency (NSA), the Pentagon, and other governmental agencies to develop a new “human” species, so to speak.

In other words, Google—a neural network that approximates a global brain—is fusing with the human mind in a phenomenon that is called “singularity,” and they’ve hired transhumanist scientist Ray Kurzweil to do just that. Google will know the answer to your question before you have asked it, Kurzweil said. “It will have read every email you will ever have written, every document, every idle thought you’ve ever tapped into a search-engine box. It will know you better than your intimate partner does. Better, perhaps, than even yourself.”

But here’s the catch: the NSA and all other government agencies will also know you better than yourself. As William Binney, one of the highest-level whistleblowers to ever emerge from the NSA said, “The ultimate goal of the NSA is total population control.”

Science fiction, thus, has become fact.

We’re fast approaching Philip K. Dick’s vision of the future as depicted in the film Minority Report. There, police agencies apprehend criminals before they can commit a crime, driverless cars populate the highways, and a person’s biometrics are constantly scanned and used to track their movements, target them for advertising, and keep them under perpetual surveillance.

Cue the dawning of the Age of the Internet of Things, in which internet-connected “things” will monitor your home, your health and your habits in order to keep your pantry stocked, your utilities regulated and your life under control and relatively worry-free.

The key word here, however, is control.

In the not-too-distant future, “just about every device you have — and even products like chairs, that you don’t normally expect to see technology in — will be connected and talking to each other.”

By 2018, it is estimated there will be 112 million wearable devices such as smartwatches, keeping users connected it real time to their phones, emails, text messages and the Internet. By 2020, there will be 152 million cars connected to the Internet and 100 million Internet-connected bulbs and lamps. By 2022, there will be 1.1 billion smart meters installed in homes, reporting real-time usage to utility companies and other interested parties.

This “connected” industry—estimated to add more than $14 trillion to the economy by 2020—is about to be the next big thing in terms of societal transformations, right up there with the Industrial Revolution, a watershed moment in technology and culture.

Between driverless cars that completely lacking a steering wheel, accelerator, or brake pedal, and smart pills embedded with computer chips, sensors, cameras and robots, we are poised to outpace the imaginations of science fiction writers such as Philip K. Dick and Isaac Asimov. By the way, there is no such thing as a driverless car. Someone or something will be driving, but it won’t be you.

The 2015 Consumer Electronics Show in Las Vegas is a glittering showcase for such Internet-connected techno gadgets as smart light bulbs that discourage burglars by making your house look occupied, smart thermostats that regulate the temperature of your home based on your activities, and smart doorbells that let you see who is at your front door without leaving the comfort of your couch.

Nest, Google’s $3 billion acquisition, has been at the forefront of the “connected” industry, with such technologically savvy conveniences as a smart lock that tells your thermostat who is home, what temperatures they like, and when your home is unoccupied; a home phone service system that interacts with your connected devices to “learn when you come and go” and alert you if your kids don’t come home; and a sleep system that will monitor when you fall asleep, when you wake up, and keep the house noises and temperature in a sleep-conducive state.

The aim of these internet-connected devices, as Nest proclaims, is to make “your house a more thoughtful and conscious home.” For example, your car can signal ahead that you’re on your way home, while Hue lights can flash on and off to get your attention if Nest Protect senses something’s wrong. Your coffeemaker, relying on data from fitness and sleep sensors, will brew a stronger pot of coffee for you if you’ve had a restless night.

It’s not just our homes that are being reordered and reimagined in this connected age: it’s our workplaces, our health systems, our government and our very bodies that are being plugged into a matrix over which we have no real control.

Moreover, given the speed and trajectory at which these technologies are developing, it won’t be long before these devices are operating entirely independent of their human creators, which poses a whole new set of worries. As technology expert Nicholas Carr notes, “As soon as you allow robots, or software programs, to act freely in the world, they’re going to run up against ethically fraught situations and face hard choices that can’t be resolved through statistical models. That will be true of self-driving cars, self-flying drones, and battlefield robots, just as it’s already true, on a lesser scale, with automated vacuum cleaners and lawnmowers.”

For instance, just as the robotic vacuum, Roomba, “makes no distinction between a dust bunny and an insect,” weaponized drones—poised to take to the skies en masse this year—will be incapable of distinguishing between a fleeing criminal and someone merely jogging down a street. For that matter, how do you defend yourself against a robotic cop—such as the Atlas android being developed by the Pentagon—that has been programmed to respond to any perceived threat with violence?

Unfortunately, in our race to the future, we have failed to consider what such dependence on technology might mean for our humanity, not to mention our freedoms.

Ingestible or implantable chips are a good example of how unprepared we are, morally and otherwise, to navigate this uncharted terrain. Hailed as revolutionary for their ability to access, analyze and manipulate your body from the inside, these smart pills can remind you to take your medication, search for cancer, and even send an alert to your doctor warning of an impending heart attack.

Sure, the technology could save lives, but is that all we need to know? Have we done our due diligence in asking all the questions that need to be asked before unleashing such awesome technology on an unsuspecting populace?

For example, asks Washington Post reporter Ariana Eunjung Cha:

What kind of warnings should users receive about the risks of implanting chip technology inside a body, for instance? How will patients be assured that the technology won’t be used to compel them to take medications they don’t really want to take? Could law enforcement obtain data that would reveal which individuals abuse drugs or sell them on the black market? Could what started as a voluntary experiment be turned into a compulsory government identification program that could erode civil liberties?

Let me put it another way. If you were shocked by Edward Snowden’s revelations about how NSA agents have used surveillance to spy on Americans’ phone calls, emails and text messages, can you imagine what unscrupulous government agents could do with access to your internet-connected car, home and medications? Imagine what a SWAT team could do with the ability to access, monitor and control your internet-connected home—locking you in, turning off the lights, activating alarms, etc.

Thus far, the public response to concerns about government surveillance has amounted to a collective shrug. After all, who cares if the government can track your whereabouts on your GPS-enabled device so long as it helps you find the fastest route from Point A to Point B? Who cares if the NSA is listening in on your phone calls and downloading your emails so long as you can get your phone calls and emails on the go and get lightning fast Internet on the fly? Who cares if the government can monitor your activities in your home by tapping into your internet-connected devices—thermostat, water, lights—so long as you can control those things with the flick of a finger, whether you’re across the house or across the country?

As for those still reeling from a year of police shootings of unarmed citizens, SWAT team raids, and community uprisings, the menace of government surveillance can’t begin to compare to bullet-riddled bodies, devastated survivors and traumatized children. However, both approaches are just as lethal to our freedoms if left unchecked.

A Government of Wolves book coverControl is the key here. As I make clear in my book A Government of Wolves: The Emerging American Police State, total control over every aspect of our lives, right down to our inner thoughts, is the objective of any totalitarian regime.

George Orwell understood this. His masterpiece, 1984, portrays a global society of total control in which people are not allowed to have thoughts that in any way disagree with the corporate state. There is no personal freedom, and advanced technology has become the driving force behind a surveillance-driven society. Snitches and cameras are everywhere. And people are subject to the Thought Police, who deal with anyone guilty of thought crimes. The government, or “Party,” is headed by Big Brother, who appears on posters everywhere with the words: “Big Brother is watching you.”

Make no mistake: the Internet of Things is just Big Brother in a more appealing disguise.

Even so, I’m not suggesting we all become Luddites. However, we need to be aware of how quickly a helpful device that makes our lives easier can become a harmful weapon that enslaves us.

This was the underlying lesson of The Matrix, the Wachowski brothers’ futuristic thriller about human beings enslaved by autonomous technological beings that call the shots. As Morpheus, one of the characters in The Matrix, explains:

The Matrix is everywhere. It is all around us. Even now, in this very room. You can see it when you look out your window or when you turn on your television. You can feel it when you go to work… when you go to church… when you pay your taxes. It is the world that has been pulled over your eyes to blind you from the truth.

“What truth?” asks Neo.

Morpheus leans in closer to Neo: “That you are a slave, Neo. Like everyone else you were born into bondage. Born into a prison that you cannot smell or taste or touch. A prison for your mind.”