Archive for March, 2015

If Jesus had been killed twenty years ago, Catholic school children would be wearing little electric chairs around their necks instead of crosses.”―Lenny Bruce

If you buy into the version of Christianity Lite peddled by evangelical leaders such as Franklin Graham, who recently advised Americans to do as the Bible says and “submit to your leaders and those in authority,” then staying alive in the American police state depends largely on your ability to comply, submit, obey orders, respect authority and generally do whatever a cop tells you to do.

If, however, you’re one of those who prefers to model yourself after Jesus Christ himself—a radical nonconformist who challenged authority at every turn—rather than subscribe to the watered-down, corporatized, simplified, gentrified, sissified vision of a meek creature holding a lamb that most modern churches peddle, then you will understand better than most how relevant Jesus’ life and death are to those attempting to navigate the American police state.

Indeed, it is fitting, at a time when the nation is grappling with moral questions about how best to execute death row prisoners (by electric chair, lethal injection or shooting squad), whether police should be held responsible for shooting unarmed citizens (who posed no threat and complied with every order), and to what extent we allow the government to dictate, monitor and control every aspect of our lives (using Stingray devices, license plate readers, and all manner of surveillance technology), that we remember that Jesus Christ—the religious figure worshipped by Christians for his death on the cross and subsequent resurrection—died at the hands of a police state.

Those living through this present age of militarized police, SWAT team raids, police shootings of unarmed citizens, roadside strip searches, and invasive surveillance might feel as if these events are unprecedented. Yet while we in the United States may be experiencing a steady slide into a police state, we are neither the first nor the last nation to do so.

Although technology, politics and superpowers have changed over time, the characteristics of a police state and its reasons for being have remained the same: control, power and money. Indeed, as I point out in my book Battlefield America: The War on the American People, a police state extends far beyond the actions of law enforcement. In fact, a police state “is characterized by bureaucracy, secrecy, perpetual wars, a nation of suspects, militarization, surveillance, widespread police presence, and a citizenry with little recourse against police actions.”

Just as police states have arisen throughout history, there have also been individuals or groups of individuals who have risen up to challenge the injustices of their age. Nazi Germany had its Dietrich Bonhoeffer. The gulags of the Soviet Union were challenged by Aleksandr Solzhenitsyn. America had its color-coded system of racial segregation and warmongering called out for what it was, blatant discrimination and profiteering, by Martin Luther King Jr.

And then there was Jesus Christ, an itinerant preacher and revolutionary activist, who not only died challenging the police state of his day—namely, the Roman Empire—but provided a blueprint for civil disobedience that would be followed by those, religious and otherwise, who came after him. Yet for all the accolades poured out upon Jesus, little is said about the harsh realities of the police state in which he lived and its similarities to modern-day America, and yet they are striking.

Secrecy, surveillance and rule by the elite. As the chasm between the wealthy and poor grew wider in the Roman Empire, the ruling class and the wealthy class became synonymous, while the lower classes, increasingly deprived of their political freedoms, grew disinterested in the government and easily distracted by “bread and circuses.” Much like America today, with its lack of government transparency, overt domestic surveillance, and rule by the rich, the inner workings of the Roman Empire were shrouded in secrecy, while its leaders were constantly on the watch for any potential threats to its power. The resulting state-wide surveillance was primarily carried out by the military, which acted as investigators, enforcers, torturers, policemen, executioners and jailers. Today that role is fulfilled by increasingly militarized police forces across the country.

Widespread police presence. The Roman Empire used its military forces to maintain the “peace,” thereby establishing a police state that reached into all aspects of a citizen’s life. In this way, these military officers, used to address a broad range of routine problems and conflicts, enforced the will of the state. Today SWAT teams, comprised of local police and federal agents, are employed to carry out routine search warrants for minor crimes such as marijuana possession and credit card fraud.

Citizenry with little recourse against the police state. As the Roman Empire expanded, personal freedom and independence nearly vanished, as did any real sense of local governance and national consciousness. Similarly, in America today, citizens largely feel powerless, voiceless and unrepresented in the face of a power-hungry federal government. As states and localities are brought under direct control by federal agencies and regulations, a sense of learned helplessness grips the nation.

Perpetual wars and a military empire. Much like America today with its practice of policing the world, war and an over-arching militarist ethos provided the framework for the Roman Empire, which extended from the Italian peninsula to all over Southern, Western, and Eastern Europe, extending into North Africa and Western Asia as well. In addition to significant foreign threats, wars were waged against inchoate, unstructured and socially inferior foes.

Martial law. Eventually, Rome established a permanent military dictatorship that left the citizens at the mercy of an unreachable and oppressive totalitarian regime. In the absence of resources to establish civic police forces, the Romans relied increasingly on the military to intervene in all matters of conflict or upheaval in provinces, from small-scale scuffles to large-scale revolts. Not unlike police forces today, with their martial law training drills on American soil, militarized weapons and “shoot first, ask questions later” mindset, the Roman soldier had “the exercise of lethal force at his fingertips” with the potential of wreaking havoc on normal citizens’ lives.

A nation of suspects. Just as the American Empire looks upon its citizens as suspects to be tracked, surveilled and controlled, the Roman Empire looked upon all potential insubordinates, from the common thief to a full-fledged insurrectionist, as threats to its power. The insurrectionist was seen as directly challenging the Emperor. A “bandit,” or revolutionist, was seen as capable of overturning the empire, was always considered guilty and deserving of the most savage penalties, including capital punishment. Bandits were usually punished publicly and cruelly as a means of deterring others from challenging the power of the state. Jesus’ execution was one such public punishment.

Acts of civil disobedience by insurrectionists. Starting with his act of civil disobedience at the Jewish temple, the site of the administrative headquarters of the Sanhedrin, the supreme Jewish council, Jesus branded himself a political revolutionary. When Jesus “with the help of his disciples, blocks the entrance to the courtyard” and forbids “anyone carrying goods for sale or trade from entering the Temple,” he committed a blatantly criminal and seditious act, an act “that undoubtedly precipitated his arrest and execution.” Because the commercial events were sponsored by the religious hierarchy, which in turn was operated by consent of the Roman government, Jesus’ attack on the money chargers and traders can be seen as an attack on Rome itself, an unmistakable declaration of political and social independence from the Roman oppression.

Military-style arrests in the dead of night. Jesus’ arrest account testifies to the fact that the Romans perceived Him as a revolutionary. Eerily similar to today’s SWAT team raids, Jesus was arrested in the middle of the night, in secret, by a large, heavily armed fleet of soldiers. Rather than merely asking for Jesus when they came to arrest him, his pursuers collaborated beforehand with Judas. Acting as a government informant, Judas concocted a kiss as a secret identification marker, hinting that a level of deception and trickery must be used to obtain this seemingly “dangerous revolutionist’s” cooperation.

 

Torture and capital punishment. In Jesus’ day, religious preachers, self-proclaimed prophets and nonviolent protesters were not summarily arrested and executed. Indeed, the high priests and Roman governors normally allowed a protest, particularly a small-scale one, to run its course. However, government authorities were quick to dispose of leaders and movements that appeared to threaten the Roman Empire. The charges leveled against Jesus—that he was a threat to the stability of the nation, opposed paying Roman taxes and claimed to be the rightful King—were purely political, not religious. To the Romans, any one of these charges was enough to merit death by crucifixion, which was usually reserved for slaves, non-Romans, radicals, revolutionaries and the worst criminals.

Jesus was presented to Pontius Pilate “as a disturber of the political peace,” a leader of a rebellion, a political threat, and most gravely—a claimant to kingship, a “king of the revolutionary type.” After Jesus is formally condemned by Pilate, he is sentenced to death by crucifixion, “the Roman means of executing criminals convicted of high treason.” The purpose of crucifixion was not so much to kill the criminal, as it was an immensely public statement intended to visually warn all those who would challenge the power of the Roman Empire. Hence, it was reserved solely for the most extreme political crimes: treason, rebellion, sedition, and banditry. After being ruthlessly whipped and mocked, Jesus was nailed to a cross.

 

As Professor Mark Lewis Taylor observed:

 

The cross within Roman politics and culture was a marker of shame, of being a criminal. If you were put to the cross, you were marked as shameful, as criminal, but especially as subversive. And there were thousands of people put to the cross. The cross was actually positioned at many crossroads, and, as New Testament scholar Paula Fredricksen has reminded us, it served as kind of a public service announcement that said, “Act like this person did, and this is how you will end up.”

 

Jesus—the revolutionary, the political dissident, and the nonviolent activist—lived and died in a police state. Any reflection on Jesus’ life and death within a police state must take into account several factors: Jesus spoke out strongly against such things as empires, controlling people, state violence and power politics. Jesus challenged the political and religious belief systems of his day. And worldly powers feared Jesus, not because he challenged them for control of thrones or government but because he undercut their claims of supremacy, and he dared to speak truth to power in a time when doing so could—and often did—cost a person his life.

Unfortunately, the radical Jesus, the political dissident who took aim at injustice and oppression, has been largely forgotten today, replaced by a congenial, smiling Jesus trotted out for religious holidays but otherwise rendered mute when it comes to matters of war, power and politics. Yet for those who truly study the life and teachings of Jesus, the resounding theme is one of outright resistance to war, materialism and empire.

 

As Professor Taylor notes, “The power of Jesus is one that enables us to critique the nation and the empire. Unfortunately, that gospel is being sacrificed and squandered by Christians who have cozied up to power and wealth.” Ultimately, this is the contradiction that must be resolved if the radical Jesus—the one who stood up to the Roman Empire and was crucified as a warning to others not to challenge the powers-that-be—is to be an example for our modern age.

 

March 30, 2015

 

WASHINGTON, D.C —The U.S. Supreme Court has refused to hear a case in which California public school students were prohibited from wearing American flag t-shirts to school, allegedly out of a fear that it might be disruptive. In refusing to hear the appeal without giving any reason for the decision, the Supreme Court lets stand a lower court ruling that upheld the ban out a concern for school safety. The Rutherford Institute had asked the Supreme Court to hear the case of Dariano v. Morgan Hill, in which several students were ordered by school officials to cover up their American flag t-shirts on May 5, 2010, allegedly because officials feared that it might offend other students who were celebrating the Mexican holiday Cinco de Mayo.

“When public school students can’t wear an American flag on a t-shirt because it might be disruptive, then free speech as we’ve known it is dead,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “If the Supreme Court continues down the road to political correctness, then eventually anything we say will be treated as threatening as a loaded gun and deemed just as dangerous.”

On May 5, 2010, three Live Oak High School students wore patriotic t-shirts, shorts and shoes to school bearing various images of the U.S. flag. During a mid-morning “brunch break,” the students were approached by Assistant Principal Miguel Rodriguez, who told the students they could not wear their pro-U.S.A. shirts and gave them the option of either removing their shirts or turning them inside out. The students refused, believing the options to be disrespectful to the flag. Rodriguez allegedly lectured the group about Cinco de Mayo, indicating that he had received complaints from some Hispanic students about the stars and stripes apparel, and again ordered that the clothing be covered up to prevent offending the Hispanic students on “their” day. Principal Nick Boden also met with the parents and students and affirmed Rodriguez’s order, allegedly because he did not want to offend students who were celebrating Cinco de Mayo.

Arguing that the decision by school officials constituted viewpoint discrimination against pro-U.S.A. expression, Rutherford Institute attorneys filed a First Amendment lawsuit on behalf of the students and their parents in district court. In November 2011, the district court ruled in favor of school officials, citing a concern for school safety. That ruling was affirmed by the Ninth Circuit Court of Appeals. Although the appeals court acknowledged that other students were permitted to wear Mexican flag colors and symbols, it ruled that school officials could forbid the American flag apparel out of concerns that it would cause disruption, even though no disruption had occurred. Three of the nine judges on the Ninth Circuit agreed with The Rutherford Institute that school officials violated long-standing Supreme Court precedent forbidding suppression of protected expression on the basis of a “heckler’s veto,” which occurs when the government restricts an individual’s right to free speech in order to maintain order.

The assurance of safety in exchange for compliance is a false, misguided doctrine that has us headed towards a totalitarian regime the likes of which the world has seen before. If we just cower before government agents and meekly obey, we’ll find ourselves repeating history. However, history also shows us a different path, one that involves standing up and speaking truth to power. Jesus Christ walked that road. So did Mahatma Gandhi, Martin Luther King Jr., and countless other freedom fighters whose actions changed the course of history.

Indeed, had Christ merely complied with the Roman police state, there would have been no crucifixion and no Christian religion. Had Gandhi meekly fallen in line with the British Empire’s dictates, the Indian people would never have won their independence. Had Martin Luther King Jr. obeyed the laws of his day, there would have been no civil rights movement. And if the founding fathers had marched in lockstep with royal decrees, there would have been no American Revolution.
If we are to alter the outcome of these interactions with police, we must adopt a different mindset and follow a different path. No matter what path you follow, however, it will be fraught with peril. –John W. Whitehead, author of “A Government of Wolves: The Emerging American Police State”

America is in the midst of a nervous breakdown, brought about by prolonged exposure to the American police state, and there are few places that are safe anymore.

A good test is this: if you live in a community that has welcomed the trappings of the police state with open arms (surveillance cameras, forced DNA extractions, Stingray devices, red light cameras, private prisons, etc.), all the while allowing its police forces to militarize, weaponize and operate beyond the reach of the Constitution, then you don’t live in a democratic republic—you live in a microcosm of the American police state.

If you have no real say in how your local law enforcement operates, if the only oversight of police actions is carried out by fellow officers, if any attempt to criticize the police is edited out or not covered by your local newspaper or TV station, drowned out by your fellow citizens, or intimidated into silence by your local police, then you have no recourse when it comes to police abuses.

Finally, if, despite having done nothing wrong, you feel nervous during a police encounter, you fear doing or saying the wrong thing in front of an officer will get you shot, and your local police dress and act like extensions of the military and treat you like a suspect, then it’s safe to say that you are not the one holding the upper hand in the master-servant relationship anymore.

This is the death rattle of the American dream. — Constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of “A Government of Wolves: The Emerging American Police State”

“Governments, if they endure, always tend increasingly toward aristocratic forms. No government in history has been known to evade this pattern. And as the aristocracy develops, government tends more and more to act exclusively in the interests of the ruling class — whether that class be hereditary royalty, oligarchs of financial empires, or entrenched bureaucracy.” ― Frank Herbert, Children of Dune

It’s one thing for those who back the police—no matter what the circumstance—to insist that if you just obey a police officer, you’ll be safe. But what happens when compliance isn’t enough?

What happens if you play it safe, comply and do whatever a police officer tells you to do, don’t talk back, don’t threaten, and don’t walk away—in other words, don’t do anything that even hints at resistance—and still, you find yourself staring down the wrong end of a government agent’s gun? After all, the news is riddled with reports of individuals who didn’t resist when confronted by police and still got tasered, tackled or shot simply because they looked at police in a threatening manner or moved in a way that made an officer “fear” for his safety.

How does a citizen protect himself against a police officer’s tendency to shoot first and ask questions later, oftentimes based only on their highly subjective “feeling” of being threatened? The short answer is you can’t. — John W. Whitehead, author of “A Government of Wolves: The Emerging American Police State”

Americans of every age and skin color are being taught the painful lesson that the only truly compliant, submissive and obedient citizen in a police state is a dead one. It doesn’t matter where you live—big city or small town—it’s the same scenario being played out over and over again in which government agents, hyped up on their own authority and the power of their uniform, ride roughshod over the rights of the citizenry. In turn, Americans are being brainwashed into believing that anyone who wears a government uniform—soldier, police officer, prison guard—must be obeyed without question.

This is the unfortunate, misguided, perverse message being beaten, shot, tasered and slammed into our collective consciousness, and it is regrettably starting to take root.

However, despite the growing number of criminal charges (ranging from resisting arrest and interference to disorderly conduct, obstruction, and failure to obey a police order) that get trotted out anytime a citizen voices discontent with the government or challenges or even questions the authority of the powers that be, the problems we’re experiencing in terms of police shootings have little to do with rebellion or belligerence or resistance. Rather, the problem arises when not even compliance is enough to satisfy the police. — Constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of “A Government of Wolves: The Emerging American Police State”

“Do exactly what I say, and we’ll get along fine. Do not question me or talk back in any way. You do not have the right to object to anything I may say or ask you to do, or ask for clarification if my demands are unclear or contradictory. You must obey me under all circumstances without hesitation, no matter how arbitrary, unreasonable, discriminatory, or blatantly racist my commands may be. Anything other than immediate perfect servile compliance will be labeled as resisting arrest, and expose you to the possibility of a violent reaction from me. That reaction could cause you severe injury or even death. And I will suffer no consequences. It’s your choice: Comply, or die.”— “‘Comply or Die’ policing must stop,” Daily KOS

Americans as young as 4 years old are being leg shackled, handcuffed, tasered and held at gun point for not being quiet, not being orderly and just being childlike—i.e., not being compliant enough.

Americans as old as 95 are being beaten, shot and killed for questioning an order, hesitating in the face of a directive, and mistaking a policeman crashing through their door for a criminal breaking into their home—i.e., not being submissive enough.

And Americans of every age and skin color are being taught the painful lesson that the only truly compliant, submissive and obedient citizen in a police state is a dead one.

It doesn’t matter where you live—big city or small town—it’s the same scenario being played out over and over again in which government agents, hyped up on their own authority and the power of their uniform, ride roughshod over the rights of the citizenry. In turn, Americans are being brainwashed into believing that anyone who wears a government uniform—soldier, police officer, prison guard—must be obeyed without question.

Franklin Graham, the heir to Billy Graham’s evangelical empire, offered up this “simple” piece of advice for “Blacks, Whites, Latinos, and everybody else” hoping to survive an encounter with the police:

Most police shootings can be avoided. It comes down to respect for authority and obedience. If a police officer tells you to stop, you stop. If a police officer tells you to put your hands in the air, you put your hands in the air. If a police officer tells you to lay down face first with your hands behind your back, you lay down face first with your hands behind your back. It’s as simple as that. Even if you think the police officer is wrong—YOU OBEY.

Clearly, Graham’s message resonated with a core group of Americans: almost 200,000 individuals “liked” the message on Facebook, with an astounding 83,000 fans sharing his words of advice with their own friends, none of whom seem to recall that Jesus Christ, whom they claim to follow and model their lives after, not only stood up to the police state of his day but was put to death for it.

It’s not just mainstream evangelicals who have been brainwashed into believing that a good citizen is a compliant citizen and that obedience will save us from the police state. In the wake of a grand jury’s decision not to indict the police officer responsible for the choking death of Eric Garner, Patrick Lynch, president of the Patrolmen’s Benevolent Association, declared:

“We have to teach our children, our sons and our daughters, no matter what they look like, to respect New York City police officers, teach them to comply with New York City police officers even if they think it’s unjust.”

Similarly, Officer Sunil Dutta of the Los Angeles Police Department advises:

If you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you. Don’t argue with me, don’t call me names, don’t tell me that I can’t stop you, don’t say I’m a racist pig, don’t threaten that you’ll sue me and take away my badge. Don’t scream at me that you pay my salary, and don’t even think of aggressively walking towards me.”

In other words, it doesn’t matter if you’re in the right, it doesn’t matter if a cop is in the wrong, it doesn’t matter if you’re being treated with less than the respect you deserve. If you want to emerge from a police encounter with your life and body intact, then you’d better comply, submit, obey orders, respect authority and generally do whatever a cop tells you to do.

Battlefield_Cover_300In this way, the old police motto to “protect and serve” has become “comply or die.” As I point out in my book A Government of Wolves: The Emerging American Police State and in my forthcoming book Battlefield America: The War on the American People, this is the unfortunate, misguided, perverse message being beaten, shot, tasered and slammed into our collective consciousness, and it is regrettably starting to take root.

Despite the growing number of criminal charges (ranging from resisting arrest and interference to disorderly conduct, obstruction, and failure to obey a police order) that get trotted out anytime a citizen voices discontent with the government or challenges or even questions the authority of the powers that be, the problems we’re experiencing in terms of police shootings have little to do with rebellion or belligerence or resistance.

Rather, the problem arises when compliance doesn’t happen fast enough to suit the police.

For instance, 15-year-old Jamar Nicholson was shot in the back by police after they spotted him standing next to a friend holding a toy gun. “Officers ordered the boy to drop the weapon multiple times,” reports the Los Angeles Times. “When he didn’t comply, one of the officers opened fire.”

Martese Johnson, a 20-year-old college student, unarmed and in the process of walking away from a bar where he’d just been denied entry for being underage, was tackled by police and had his head slammed to the ground and bloodied, allegedly for being intoxicated, belligerent and using a fake ID. Johnson, who it turns out was polite, had a legal ID and was not drunk, survived the encounter after 10 stitches to his head.

And then there was Christopher Lollie, who was tasered, arrested and charged with trespassing, disorderly conduct and obstruction of the legal process for refusing to identify himself to police while waiting to pick his children up from their daycare. Footage of the encounter shows Lollie asking, “Why do I have to let you know who I am? I don’t have to let you know who I am if I haven’t broken any laws.” The charges against Lollie were eventually dropped.

Nicholson, Johnson and Lollie aren’t the only Americans being taught a hard lesson about compliance at the end of a government-issued gun.

World War II veteran John Wrana, 95 years old, dependent on a walker to get around, and a resident of an assisted living center, was rushed by five police officers—one with a Taser and riot shield, others with handguns and a 12-gauge Mossberg pump shotgun—after refusing treatment for a urinary tract infection and brandishing a shoehorn. One of the officers, allegedly fearing for his safety, fired multiple beanbag rounds at Wrana at close range, who bled to death from internal injuries.

Martese Johnson, slammed and bloodied by ABC police.

James Howard Allen, 74 years old and recovering at home from a surgery, was shot and killed by police who were asked by family members to do a welfare check on him. When police crashed through the man’s back door, they found Allen, perhaps having just awoken and fearing a burglary, armed with a gun.

These shootings and deaths, and many more like them, constitute a drop in the proverbial bucket when it comes to police killing unarmed American citizens, and yet you’d be hard-pressed to find exact numbers for how many unarmed citizens are killed by police every year. Indeed, while police go to great lengths to document how many police are killed in the line of duty, police agencies aren’t actually required to report the number of times police officers engage in homicide. Suffice it to say, however, that the numbers are significantly underreported.

One website estimates that police kill on average three citizens a day in the United States. In 2014, 1100 individuals were killed by police in the U.S. That’s 70 times more than other first-world nations, and almost 20 times more than the number of U.S. troops killed in the same year in Afghanistan and Iraq.

Rarely are these officers given more than a slap on the wrist. More often than not, they operate with impunity, are shielded from justice by the governmental bureaucracy, and are granted qualified immunity by the courts.

A recent report by the Justice Department on police shootings in Philadelphia, which boasts the fourth largest police department in the country, found that half of the unarmed people shot by police over a seven-year span were “shot because the officer saw something (like a cellphone) or some action (like a person pulling at the waist of their pants) and misidentified it as a threat.”

Now it’s one thing for those who back the police—no matter what the circumstance—to insist that if you just obey a police officer, you’ll be safe. But what happens when compliance isn’t enough?

What happens if you play it safe, comply and do whatever a police officer tells you to do, don’t talk back, don’t threaten, and don’t walk away—in other words, don’t do anything that even hints at resistance—and still, you find yourself staring down the wrong end of a government agent’s gun? After all, the news is riddled with reports of individuals who didn’t resist when confronted by police and still got tasered, tackled or shot simply because they looked at police in a threatening manner or moved in a way that made an officer “fear” for his safety.

For instance, Levar Jones, pulled over for not wearing a seatbelt, was shot after complying with a police officer’s order to retrieve his license. The trooper justified his shooting of the unarmed man by insisting that Jones reached for his license “aggressively.”

What more could Jones or anyone have done to protect himself in that situation? How does a citizen protect himself against a police officer’s tendency to shoot first and ask questions later, oftentimes based only on their highly subjective “feeling” of being threatened?

The short answer is you can’t.

The assurance of safety in exchange for compliance is a false, misguided doctrine that has us headed towards a totalitarian regime the likes of which the world has seen before.

Rest assured, if we just cower before government agents and meekly obey, we’ll find ourselves repeating history. However, history also shows us a different path, one that involves standing up and speaking truth to power. Jesus Christ walked that road. So did Mahatma Gandhi, Martin Luther King Jr., and countless other freedom fighters whose actions changed the course of history.

Indeed, had Christ merely complied with the Roman police state, there would have been no crucifixion and no Christian religion. Had Gandhi meekly fallen in line with the British Empire’s dictates, the Indian people would never have won their independence. Had Martin Luther King Jr. obeyed the laws of his day, there would have been no civil rights movement. And if the founding fathers had marched in lockstep with royal decrees, there would have been no American Revolution.

The long answer, therefore, is that we must adopt a different mindset and follow a different path if we are to alter the outcome of these interactions with police.

No matter what path you follow, it will be fraught with peril. America is in the midst of a nervous breakdown, brought about by prolonged exposure to the American police state, and there are few places that are safe anymore.

A good test is this: if you live in a community that has welcomed the trappings of the police state with open arms (surveillance cameras, forced DNA extractions, Stingray devices, red light cameras, private prisons, etc.), all the while allowing its police forces to militarize, weaponize and operate beyond the reach of the Constitution, then you don’t live in a democratic republic—you live in a microcosm of the American police state.

If you have no real say in how your local law enforcement operates, if the only oversight of police actions is carried out by fellow officers, if any attempt to criticize the police is edited out or not covered by your local newspaper or TV station, drowned out by your fellow citizens, or intimidated into silence by your local police, then you have no recourse when it comes to police abuses.

Finally, if, despite having done nothing wrong, you feel nervous during a police encounter, you fear doing or saying the wrong thing in front of an officer will get you shot, and your local police dress and act like extensions of the military and treat you like a suspect, then it’s safe to say that you are not the one holding the upper hand in the master-servant relationship anymore.

This is the death rattle of the American dream, which was built on the idea that no one is above the law, that our rights are inalienable and cannot be taken away, and that our government and its appointed agents exist to serve us.

The game is rigged, the network is bugged, the government talks double-speak, the courts are complicit and there’s nothing you can do about it.”—David Kravets, reporting for Wired

Nothing you write, say, text, tweet or share via phone or computer is private anymore. As constitutional law professor Garrett Epps points out, “Big Brother is watching…. Big Brother may be watching you right now, and you may never know. Since 9/11, our national life has changed forever. Surveillance is the new normal.”

This is the reality of the internet-dependent, plugged-in life of most Americans today.

A process which started shortly after 9/11 with programs such as Total Information Awareness (the predecessor to the government’s present surveillance programs) has grown into a full-fledged campaign of warrantless surveillance, electronic tracking and data mining, thanks to federal agents who have been given carte blanche access to the vast majority of electronic communications in America. Their methods completely undermine constitution safeguards, and yet no federal agency, president, court or legislature has stepped up to halt this assault on our rights.

For the most part, surveillance, data mining, etc., is a technological, jargon-laden swamp through which the average American would prefer not to wander. Consequently, most Americans remain relatively oblivious to the government’s ever-expanding surveillance powers, appear unconcerned about the fact that the government is spying on them, and seem untroubled that there is no way of opting out of this system. This state of delirium lasts only until those same individuals find themselves arrested or detained for something they did, said or bought that runs afoul of the government’s lowering threshold for what constitutes criminal activity.

All the while, Congress, the courts, and the president (starting with George W. Bush and expanding exponentially under Barack Obama) continue to erect an electronic concentration camp the likes of which have never been seen before.

A good case in point is the Cybersecurity Information Sharing Act (CISA), formerly known as CISPA (Cyber Intelligence Sharing and Protection Act). Sold to the public as necessary for protecting us against cyber attacks or internet threats such as hacking, this Orwellian exercise in tyranny-masquerading-as-security actually makes it easier for the government to spy on Americans, while officially turning Big Business into a government snitch.

Be warned: this cybersecurity bill is little more than a wolf in sheep’s clothing or, as longtime critic Senator Ron Wyden labeled it, “a surveillance bill by another name.”

Lacking any significant privacy protections, CISA, which sacrifices privacy without improving security, will do for surveillance what the Patriot Act did for the government’s police powers: it will expand, authorize and normalize the government’s intrusions into the most intimate aspects of our lives to such an extent that there will be no turning back. In other words, it will ensure that the Fourth Amendment, which protects us against unfounded, warrantless government surveillance, does not apply to the Internet or digital/electronic communications of any kind.

In a nutshell, CISA would make it legal for the government to spy on the citizenry without their knowledge and without a warrant under the guise of fighting cyberterrorism. It would also protect private companies from being sued for sharing your information with the government, namely the National Security Agency (NSA) and the Department of Homeland Security (DHS), in order to prevent “terrorism” or an “imminent threat of death or serious bodily harm.”

Law enforcement agencies would also be given broad authority to sift through one’s data for any possible crimes. What this means is that you don’t even have to be suspected of a crime to be under surveillance. The bar is set so low as to allow government officials to embark on a fishing expedition into your personal affairs—emails, phone calls, text messages, purchases, banking transactions, etc.—based only on their need to find and fight “crime.”

Take this anything-goes attitude towards government surveillance, combine it with Big Business’ complicity over the government’s blatantly illegal acts, the ongoing trend towards overcriminalization, in which minor acts are treated as major crimes, and the rise of private prisons, which have created a profit motive for jailing Americans, and you have all the makings of a fascist police state.

So who can we count on to protect us from the threat of government surveillance?

It won’t be the courts. Not in an age of secret courts, secret court rulings, and an overall deference by the courts to anything the government claims is necessary to its fight against terrorism. Most recently, the U.S. Supreme Court refused to hear a case challenging the government’s massive electronic wiretapping program. As Court reporter Lyle Denniston notes:

Daoud v. United States was the first case, in the nearly four-decade history of electronic spying by the U.S. government to gather foreign intelligence, in which a federal judge had ordered the government to turn over secret papers about how it had obtained evidence through wiretaps of telephones and Internet links. That order, however, was overturned by the U.S. Court of Appeals for the Seventh Circuit, whose ruling was the one the Justices on Monday declined to review…. One of the unusual features of the government’s global electronic spying program is that the individuals whose conversations or e-mails have been monitored almost never hear about it, because the program is so shrouded in secrecy — except when the news media manages to find out some details. But, if the government plans to use evidence it gathered under that program against a defendant in a criminal trial, it must notify the defendant that he or she has been monitored.

It won’t be Congress, either (CISA is their handiwork, remember), which has failed to do anything to protect the citizenry from an overbearing police state, all the while enabling the government to continue its power grabs. It was Congress that started us down this whole Big Brother road with its passage and subsequent renewals of the USA Patriot Act, which drove a stake through the heart of the Bill of Rights. The Patriot Act rendered First Amendment activists potential terrorists; justified broader domestic surveillance; authorized black bag “sneak-and-peak” searches of homes and offices by government agents; granted the FBI the right to come to your place of employment, demand your personal records and question your supervisors and fellow employees, all without notifying you; allowed the government access to your medical records, school records and practically every personal record about you; allowed the government to secretly demand to see records of books or magazines you’ve checked out in any public library and Internet sites you’ve visited.

The Patriot Act also gave the government the green light to monitor religious and political institutions with no suspicion of criminal wrongdoing; prosecute librarians or keepers of any other records if they told anyone that the government had subpoenaed information related to a terror investigation; monitor conversations between attorneys and clients; search and seize Americans’ papers and effects without showing probable cause; and jail Americans indefinitely without a trial, among other things.

And it certainly won’t be the president. Indeed, President Obama recently issued an executive order calling on private companies (phone companies, banks, Internet providers, you name it) to share their customer data (your personal data) with each other and, most importantly, the government. Here’s the problem, however: while Obama calls for vague protections for privacy and civil liberties without providing any specific recommendations, he appoints the DHS to oversee the information sharing and develop guidelines with the attorney general for how the government will collect and share the data.

Talk about putting the wolf in charge of the hen house.

Mind you, this is the same agency, rightly dubbed a “wasteful, growing, fear-mongering beast,” that is responsible for militarizing the police, weaponizing SWAT teams, spying on activists, stockpiling ammunition, distributing license plate readers to state police, carrying out military drills in American cities, establishing widespread surveillance networks through the use of fusion centers, funding city-wide surveillance systems, accelerating the domestic use of drones, and generally establishing itself as the nation’s standing army, i.e., a national police force.

This brings me back to the knotty problem of how to protect Americans from cyber attacks without further eroding our privacy rights.

Dependent as we are on computer technology for almost all aspects of our lives, it’s feasible that a cyberattack on American computer networks really could cripple both the nation’s infrastructure and its economy. So do we allow the government liberal powers to control and spy on all electronic communications flowing through the United States? Can we trust the government not to abuse its privileges and respect our privacy rights? Does it even matter, given that we have no real say in the matter?

As I point out in my book A Government of Wolves: The Emerging American Police State, essentially, there are three camps of thought on the question of how much power the government should have, and which camp you fall into says a lot about your view of government—or, at least, your view of whichever administration happens to be in power at the time, for the time being, the one calling the shots being the Obama administration.

In the first camp are those who trust the government to do the right thing—or, at least, they trust the Obama administration to look out for their best interests. To this group, CISA is simply a desperately needed blueprint for safeguarding us against a possible cyberattack, with a partnership between the government and Big Business serving as the most logical means of thwarting such an attack. Any suggestion that the government and its corporate cohorts might abuse this power is dismissed as conspiratorial hysterics. The problem, as technology reporter Adam Clark Estes points out, is that CISA is a “privacy nightmare” that “stomps all over civil liberties” without making “the country any safer against cyberattacks.”

In the second camp are those who not only don’t trust the government but think the government is out to get them. Sadly, they’ve got good reason to distrust the government, especially when it comes to abusing its powers and violating our rights. For example, consider that government surveillance of innocent Americans has exploded over the past decade. In fact, Wall Street Journal reporter Julia Angwin has concluded that, as a result of its spying and data collection, the U.S. government has more data on American citizens than the Stasi secret police had on East Germans. To those in this second group, CISA is nothing less than the writing on the wall that surveillance is here to stay, meaning that the government will continue to monitor, regulate and control all means of communications.

Then there’s the third camp, which neither sees government as an angel or a devil, but merely as an entity that needs to be controlled, or as Thomas Jefferson phrased it, bound “down from mischief with the chains of the Constitution.” A distrust of all who hold governmental power was rife among those who drafted the Constitution and the Bill of Rights. James Madison, the nation’s fourth president and the author of the Bill of Rights, was particularly vocal in warning against government. He once observed, “All men having power ought to be distrusted to a certain degree.”

To those in the third camp, the only way to ensure balance in government is by holding government officials accountable to abiding by the rule of law. Unfortunately, with all branches of the government, including the courts, stridently working to maintain its acquired powers, and the private sector marching in lockstep, there seems to be little to protect the American people from the fast-growing electronic surveillance state.

In the meantime, surveillance has become the new normal, and the effects of this endless surveillance are taking a toll, resulting in a more anxious and submissive citizenry. As Fourth Amendment activist Alex Marthews points out,

Mass surveillance is becoming a punchline. Making it humorous makes mass surveillance seem easy and friendly and a normal part of life…we make uneasy jokes about how we should watch what we say, about the government looking over our shoulders, about cameras and informers and eyes in the sky. Even though we may not in practice think that these agencies pay us any mind, mass surveillance still creates a chilling effect: We limit what we search for online and inhibit expression of controversial viewpoints. This more submissive mentality isn’t a side effect. As far as anyone is able to measure, it’s the main effect of mass surveillance. The effect of such programs is not primarily to thwart attacks by foreign terrorists on U.S. soil; it’s to discourage challenges to the security services’ authority over our lives here at home.

BALTIMORE, Md. — The Rutherford Institute has joined with the ACLU, Wikipedia, Amnesty International, Human Rights Watch, the National Association of Criminal Defense Lawyers and other educational, legal, human rights and media organizations to file a major First and Fourth Amendment lawsuit against the National Security Agency (NSA), the U.S. Department of Justice and their directors over the government’s mass surveillance campaigns. In a complaint filed in the U.S. District Court for the District of Maryland, The Rutherford Institute and the other organizations in the suit allege that the NSA’s surveillance of virtually all international internet traffic by tapping into telecommunications cables, switches and routers, collecting and storing the data, and examining the content of those communications unconstitutionally intrudes upon the privacy of these organizations and impedes their ability to serve the public interest.

“On any given day, the average American going about his daily business will be monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “Revelations about the NSA’s spying programs only scrape the surface in revealing the lengths to which government agencies and their corporate allies will go to conduct mass surveillance on Americans’ communications and transactions. Senator Ron Wyden was right when he warned, ‘If we do not seize this unique moment in our constitutional history to reform our surveillance laws and practices, we are all going to live to regret it.’”

The lawsuit arises from efforts by the U.S. government since the September 11, 2001 terrorist attacks to increase the surveillance and monitoring of U.S. citizens and foreign nationals. Although Congress had previously authorized the issuance of orders for electronic surveillance of foreign agents for intelligence purposes under the Foreign Intelligence Surveillance Act (FISA), in October 2001, President George W. Bush secretly authorized warrantless interception of emails and telephone calls involving persons within the United States if NSA personnel had a “reasonable basis” to believe one party was connected with al Qaeda. When a judge refused to authorize the continuation of this program, the Bush administration obtained amendments to FISA in 2008 authorizing the acquisition without individualized suspicion of the international communications of U.S. citizens which are with or are about foreigners who the NSA chooses to target.

In carrying out this broad authority under the 2008 law, the NSA has engaged in so-called “Upstream surveillance,” which according to the complaint “involves the NSA’s seizing and searching the internet communications of U.S. citizens and residents en mass as those communications travel across the internet ‘backbone’ in the United States—the network of high-capacity cables, switches and routers that facilitates both domestic and international communications via the internet.”  Upstream surveillance encompasses the copying of virtually all international text-based communications, review of the content of those communications by the NSA, and the retention of the copied communications for future use and analysis.

As alleged in the complaint, The Rutherford Institute engages in international and domestic internet communications which is essential to its mission of protecting civil liberties and human rights, and the NSA’s Upstream surveillance has involved the interception, copying and review of those communications. Upstream surveillance constitutes a seizure and search of the Institute’s communications that invades the privacy of the Institute and undermines its work, which often involves maintaining the confidentiality of the communications of those who reach out to the Institute for assistance.