Archive for April, 2020

Your Freedoms Don’t Have to Be Muzzled Just Because You’re Wearing a Mask

Posted: April 28, 2020 in Uncategorized
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“If 2019 was the year of the street protest, of tear gas and rubber bullets, 2020 might be the year the street protest died, or perhaps fell into a deep sleep, and went online.”—Journalist Christopher Miller

Despite all appearances to the contrary, martial law has not been declared in America.

We still have rights.

Technically, at least.

The government may act as if its police state powers suppress individual liberties during this COVID-19 pandemic, but for all intents and purposes, the Constitution—especially the battered, besieged Bill of Rights—still stands in theory, if not in practice.

Indeed, while federal and state governments have adopted specific restrictive measures in an effort to lockdown the nation and decelerate the spread of the COVID-19 virus, the current public health situation has not resulted in the suspension of fundamental constitutional rights such as freedom of speech and the right of assembly.

Mind you, that’s not to say that the government has not tried its best to weaponize this crisis as it has weaponized so many other crises in order to expand its powers and silence its critics.

All over the country, government officials are using COVID-19 restrictions to muzzle protesters.

It doesn’t matter what the protest is about (church assemblies, the right to work, the timing for re-opening the country, discontent over police brutality, etc.): this is activity the First Amendment protects vociferously with only one qualification—that it be peaceful.

Yet even peaceful protesters mindful of the need to adhere to social distancing guidelines because of this COVID-19 are being muzzled, arrested and fined.

For example, a Maryland family was reportedly threatened with up to a year in jail and a $5000 fine if they dared to publicly protest the injustice of their son’s execution by a SWAT team.

If anyone had a legitimate reason to get out in the streets and protest, it’s the Lemp family, whose 21-year-old son Duncan was gunned down in his bedroom during an early morning, no-knock SWAT team raid on his family’s home.

Imagine it.

It was 4:30 a.m. on March 12, 2020, in the midst of a COVID-19 pandemic that has most of the country under a partial lockdown and sheltering at home, when this masked SWAT team—deployed to execute a “high risk” search warrant for unauthorized firearms—stormed the suburban house where 21-year-old Duncan, a software engineer and Second Amendment advocate, lived with his parents and 19-year-old brother.

The entire household, including Lemp and his girlfriend, was reportedly asleep when the SWAT team directed flash bang grenades and gunfire through Lemp’s bedroom window.

Lemp was killed and his girlfriend injured.

No one in the house that morning, including Lemp, had a criminal record.

No one in the house that morning, including Lemp, was considered an “imminent threat” to law enforcement or the public, at least not according to the search warrant.

Now what was so urgent that militarized police felt compelled to employ battlefield tactics in the pre-dawn hours of a day when most people are asleep in bed, not to mention stuck at home as part of a nationwide lockdown?

According to police, they were tipped off that Lemp was in possession of “firearms.”

So instead of approaching the house by the front door at a reasonable hour in order to investigate this complaint—which is what the Fourth Amendment requires—police instead strapped on their guns, loaded up their flash bang grenades and acted like battle-crazed warriors.

This is the blowback from all that military weaponry flowing to domestic police departments.

This is what happens when you use SWAT teams to carry out routine search warrants.

This is what happens when you adopt red flag gun laws, which Maryland did in 2018, painting anyone who might be in possession of a gun—legal or otherwise—as a threat that must be neutralized.

These red flag gun laws allow the police to remove guns from people merely suspected of being threats.

While in theory it appears perfectly reasonable to want to “stop dangerous people before they act,” where the problem arises is when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.

Remember, this is the same government that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.

This is the same government whose agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports using automated eyes and ears, social media, behavior sensing software, and citizen spies to identify potential threats.

This is the same government that keeps re-upping the National Defense Authorization Act (NDAA), which allows the military to arrest and detain American citizens with no access to friends, family or the courts if the government believes them to be a threat.

This is the same government that has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state.

Let that sink in a moment.

If you believe in and exercise your rights under the Constitution (namely, your right to speak freely, worship freely, associate with like-minded individuals who share your political views, criticize the government, own a weapon, demand a warrant before being questioned or searched, or any other activity viewed as potentially anti-government, racist, bigoted, anarchic or sovereign), you are most likely at the top of the government’s terrorism watch list.

Moreover, as a New York Times editorial warns, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the police if you are afraid that the government is plotting to confiscate your firearms, if you believe the economy is about to collapse and the government will soon declare martial law, or if you display an unusual number of political and/or ideological bumper stickers on your car.

Needless to say, if you happen to be passionate about the Constitution and a vocal critic of government corruption, you’ve already been flagged in a government database somewhere.

Likely, Lemp was, too.

Now Lemp is dead and his family is devastated, outraged and desperate to make sense of what appears to be an insensible act of violence resulting in an inexcusable loss of life.

As usual in these kinds of shootings, government officials have not been forthcoming with details about the shooting: police have refused to meet with family members, the contents of the warrant supporting the raid have not been revealed, and bodycam footage of the raid has not been disclosed.

So in order to voice their objections to police violence and demand answers about the shooting, Lemp’s family and friends planned to conduct an outdoor public demonstration—adhering to social distancing guidelines—only to be threatened with arrest, a year in jail and a $5000 fine for violating Maryland’s stay at home orders.

Yet here’s the thing: we don’t have to be muzzled and remain silent about government corruption, violence and misconduct just because we’re wearing masks and social distancing.

That’s not the point of this whole COVID-19 exercise, or is it?

While there is a moral responsibility to not endanger other lives with our actions, that does not mean relinquishing all of our freedoms.

Be responsible in how you exercise your freedoms, but don’t allow yourselves to be muzzled or your individual freedoms to be undermined.

Understandably, no one wants to talk about individual freedoms when tens of thousands of people the world over are dying, and yet we must.

The decisions we make right now—about freedom, commerce, free will, how we care for the least of these in our communities, what it means to provide individuals and businesses with a safety net, how far we allow the government to go in “protecting” us against this virus, etc.—will haunt us for a long time to come.

At times like these, when emotions are heightened, fear dominates, common sense is in short supply, liberty takes a backseat to public safety, and democratic societies approach the tipping point towards mob rule, there is a tendency to cast those who exercise their individual freedoms (to freely speak, associate, assemble, protest, pursue a living, engage in commerce, etc.) as foolishly reckless, criminally selfish, or outright villains.

Sometimes that is true, but not always.

As I make clear in my book Battlefield America: The War on the American People, there is always a balancing test between individual freedoms and the communal good.

What we must figure out is how to strike a balance that allows us to protect those who need protecting without leaving us chained and in bondage to the police state.

We must find ways to mitigate against this contagion needlessly claiming any more lives and crippling any more communities, but let’s not lose our heads: blindly following the path of least resistance—acquiescing without question to whatever the government dictates—can only lead to more misery, suffering and the erection of a totalitarian regime in which there is no balance.

Source: https://bit.ly/3d0R1IV

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.

 

Human Lab Rats: The U.S. Government’s Secret History of Grisly Experiments

Posted: April 21, 2020 in Uncategorized
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“They were monsters with human faces, in crisp uniforms, marching in lockstep, so banal you don’t recognize them for what they are until it’s too late.” — Ransom Riggs, Miss Peregrine’s Home for Peculiar Children

I have never known any government to put the best interests of its people first, and this COVID-19 pandemic is no exception.

Now this isn’t intended to be a debate over whether COVID-19 is a legitimate health crisis or a manufactured threat. Such crises can—and are—manipulated by governments in order to expand their powers. As such, it is possible for the virus to be both a genuine menace to public health and a menace to freedom.

Yet we can’t afford to overlook the fact that governments the world over, including the U.S. government, have unleashed untold horrors upon the world in the name of global conquest, the acquisition of greater wealth, scientific experimentation, and technological advances, all packaged in the guise of the greater good.

While the U.S. government is currently looking into the possibility that the novel coronavirus spread from a Chinese laboratory rather than a market, the virus could just as easily have been created by the U.S. government or one of its allies.

After all, grisly experiments, barbaric behavior and inhumane conditions have become synonymous with the U.S. government, which has meted out untold horrors against humans and animals alike.

For instance, did you know that the U.S. government has been buying hundreds of dogs and cats from “Asian meat markets” as part of a gruesome experiment into food-borne illnesses?

The cannibalistic experiments involve killing cats and dogs purchased from Colombia, Brazil, Vietnam, China and Ethiopia, and then feeding the dead remains to laboratory kittens, bred in government laboratories for the express purpose of being infected with a disease and then killed.

It gets more gruesome.

The Department of Veterans Affairs has been removing parts of dogs’ brains to see how it affects their breathing; applying electrodes to dogs’ spinal cords (before and after severing them) to see how it impacts their cough reflexes; and implanting pacemakers in dogs’ hearts and then inducing them to have heart attacks (before draining their blood). All of the laboratory dogs are killed during the course of these experiments.

It’s not just animals that are being treated like lab rats by government agencies.

“We the people” have also become the police state’s guinea pigs: to be caged, branded, experimented upon without our knowledge or consent, and then conveniently discarded and left to suffer from the after-effects.

Back in 2017, FEMA “inadvertently” exposed nearly 10,000 firefighters, paramedics and other responders to a deadly form of ricin during simulated bioterrorism response sessions. In 2015, it was discovered that an Army lab had been “mistakenly” shipping deadly anthrax to labs and defense contractors for a decade.

While these particular incidents have been dismissed as “accidents,” you don’t have to dig very deep or go very back in the nation’s history to uncover numerous cases in which the government deliberately conducted secret experiments on an unsuspecting populace—citizens and noncitizens alike—making healthy people sick by spraying them with chemicals, injecting them with infectious diseases and exposing them to airborne toxins.

At the time, the government reasoned that it was legitimate to experiment on people who did not have full rights in society such as prisoners, mental patients, and poor blacks.

In Alabama, for example, 600 black men with syphilis were allowed to suffer without proper medical treatment in order to study the natural progression of untreated syphilis. In California, older prisoners had testicles from livestock and from recently executed convicts implanted in them to test their virility. In Connecticut, mental patients were injected with hepatitis.

In Maryland, sleeping prisoners had a pandemic flu virus sprayed up their noses. In Georgia, two dozen “volunteering” prison inmates had gonorrhea bacteria pumped directly into their urinary tracts through the penis. In Michigan, male patients at an insane asylum were exposed to the flu after first being injected with an experimental flu vaccine. In Minnesota, 11 public service employee “volunteers” were injected with malaria, then starved for five days.

In New York, dying patients had cancer cells introduced into their systems. In Ohio, over 100 inmates were injected with live cancer cells. Also in New York, prisoners at a reformatory prison were also split into two groups to determine how a deadly stomach virus was spread: the first group was made to swallow an unfiltered stool suspension, while the second group merely breathed in germs sprayed into the air. And in Staten Island, children with mental retardation were given hepatitis orally and by injection to see if they could then be cured.

As the Associated Press reports, “The late 1940s and 1950s saw huge growth in the U.S. pharmaceutical and health care industries, accompanied by a boom in prisoner experiments funded by both the government and corporations. By the 1960s, at least half the states allowed prisoners to be used as medical guinea pigs … because they were cheaper than chimpanzees.”

Moreover, “Some of these studies, mostly from the 1940s to the ’60s, apparently were never covered by news media. Others were reported at the time, but the focus was on the promise of enduring new cures, while glossing over how test subjects were treated.”

Media blackouts, propaganda, spin. Sound familiar?

How many government incursions into our freedoms have been blacked out, buried under “entertainment” news headlines, or spun in such a way as to suggest that anyone voicing a word of caution is paranoid or conspiratorial?

Unfortunately, these incidents are just the tip of the iceberg when it comes to the atrocities the government has inflicted on an unsuspecting populace in the name of secret experimentation.

For instance, there was the U.S. military’s secret race-based testing of mustard gas on more than 60,000 enlisted men. As NPR reports, “All of the World War II experiments with mustard gas were done in secret and weren’t recorded on the subjects’ official military records. Most do not have proof of what they went through. They received no follow-up health care or monitoring of any kind. And they were sworn to secrecy about the tests under threat of dishonorable discharge and military prison time, leaving some unable to receive adequate medical treatment for their injuries, because they couldn’t tell doctors what happened to them.”

And then there was the CIA’s MKULTRA program in which hundreds of unsuspecting American civilians and military personnel were dosed with LSD, some having the hallucinogenic drug slipped into their drinks at the beach, in city bars, at restaurants. As Time reports, “before the documentation and other facts of the program were made public, those who talked of it were frequently dismissed as being psychotic.”

Now one might argue that this is all ancient history and that the government today is different from the government of yesteryear, but has the U.S. government really changed?

Has the government become any more humane, any more respectful of the rights of the citizenry?

Has it become any more transparent or willing to abide by the rule of law? Has it become any more truthful about its activities? Has it become any more cognizant of its appointed role as a guardian of our rights?

Or has the government simply hunkered down and hidden its nefarious acts and dastardly experiments under layers of secrecy, legalism and obfuscations? Has it not become wilier, more slippery, more difficult to pin down?

Having mastered the Orwellian art of Doublespeak and followed the Huxleyan blueprint for distraction and diversion, are we not dealing with a government that is simply craftier and more conniving that it used to be?

Consider this: after revelations about the government’s experiments spanning the 20th century spawned outrage, the government began looking for human guinea pigs in other countries, where “clinical trials could be done more cheaply and with fewer rules.”

In Guatemala, prisoners and patients at a mental hospital were infected with syphilis, “apparently to test whether penicillin could prevent some sexually transmitted disease.” In Uganda, U.S.-funded doctors “failed to give the AIDS drug AZT to all the HIV-infected pregnant women in a study… even though it would have protected their newborns.” Meanwhile, in Nigeria, children with meningitis were used to test an antibiotic named Trovan. Eleven children died and many others were left disabled.

The more things change, the more they stay the same.

Case in point: back in 2016, it was announced that scientists working for the Department of Homeland Security would begin releasing various gases and particles on crowded subway platforms as part of an experiment aimed at testing bioterror airflow in New York subways.

The government insisted that the gases released into the subways by the DHS were nontoxic and did not pose a health risk. It’s in our best interests, they said, to understand how quickly a chemical or biological terrorist attack might spread. And look how cool the technology is—said the government cheerleaders—that scientists can use something called DNATrax to track the movement of microscopic substances in air and food. (Imagine the kinds of surveillance that could be carried out by the government using trackable airborne microscopic substances you breathe in or ingest.)

Mind you, this is the same government that in 1949 sprayed bacteria into the Pentagon’s air handling system, then the world’s largest office building. In 1950, special ops forces sprayed bacteria from Navy ships off the coast of Norfolk and San Francisco, in the latter case exposing all of the city’s 800,000 residents.

In 1953, government operatives staged “mock” anthrax attacks on St. Louis, Minneapolis, and Winnipeg using generators placed on top of cars. Local governments were reportedly told that “‘invisible smokescreen[s]’ were being deployed to mask the city on enemy radar.” Later experiments covered territory as wide-ranging as Ohio to Texas and Michigan to Kansas.

In 1965, the government’s experiments in bioterror took aim at Washington’s National Airport, followed by a 1966 experiment in which army scientists exposed a million subway NYC passengers to airborne bacteria that causes food poisoning.

And this is the same government that has taken every bit of technology sold to us as being in our best interests—GPS devices, surveillance, nonlethal weapons, etc.—and used it against us, to track, control and trap us.

So, no, I don’t think the government’s ethics have changed much over the years. It’s just taken its nefarious programs undercover.

The question remains: why is the government doing this? The answer is always the same: money, power and total domination.

It’s the same answer no matter which totalitarian regime is in power.

The mindset driving these programs has, appropriately, been likened to that of Nazi doctors experimenting on Jews. As the Holocaust Museum recounts, Nazi physicians “conducted painful and often deadly experiments on thousands of concentration camp prisoners without their consent.”

The Nazi’s unethical experiments ran the gamut from freezing experiments using prisoners to find an effective treatment for hypothermia, tests to determine the maximum altitude for parachuting out of a plane, injecting prisoners with malaria, typhus, tuberculosis, typhoid fever, yellow fever, and infectious hepatitis, exposing prisoners to phosgene and mustard gas, and mass sterilization experiments.

The horrors being meted out against the American people can be traced back, in a direct line, to the horrors meted out in Nazi laboratories. In fact, following the second World War, the U.S. government recruited many of Hitler’s employees, adopted his protocols, embraced his mindset about law and order and experimentation, and implemented his tactics in incremental steps.

Sounds far-fetched, you say? Read on. It’s all documented.

As historian Robert Gellately recounts, the Nazi police state was initially so admired for its efficiency and order by the world powers of the day that J. Edgar Hoover, then-head of the FBI, actually sent one of his right-hand men, Edmund Patrick Coffey, to Berlin in January 1938 at the invitation of Germany’s secret police, the Gestapo.

The FBI was so impressed with the Nazi regime that, according to the New York Times, in the decades after World War II, the FBI, along with other government agencies, aggressively recruited at least a thousand Nazis, including some of Hitler’s highest henchmen.

All told, thousands of Nazi collaborators—including the head of a Nazi concentration camp, among others—were given secret visas and brought to America by way of Project Paperclip. Subsequently, they were hired on as spies, informants and scientific advisers, and then camouflaged to ensure that their true identities and ties to Hitler’s holocaust machine would remain unknown. All the while, thousands of Jewish refugees were refused entry visas to the U.S. on the grounds that it could threaten national securi

Adding further insult to injury, American taxpayers have been paying to keep these ex-Nazis on the U.S. government’s payroll ever since. And in true Gestapo fashion, anyone who has dared to blow the whistle on the FBI’s illicit Nazi ties has found himself spied upon, intimidated, harassed and labeled a threat to national security.

As if the government’s covert, taxpayer-funded employment of Nazis after World War II wasn’t bad enough, U.S. government agencies—the FBI, CIA and the military—have since fully embraced many of the Nazi’s well-honed policing tactics, and have used them repeatedly against American citizens.

It’s certainly easy to denounce the full-frontal horrors carried out by the scientific and medical community within a despotic regime such as Nazi Germany, but what do you do when it’s your own government that claims to be a champion of human rights all the while allowing its agents to engage in the foulest, bases and most despicable acts of torture, abuse and experimentation?

When all is said and done, this is not a government that has our best interests at heart.

This is not a government that values us.

Perhaps the answer lies in The Third Man, Carol Reed’s influential 1949 film starring Joseph Cotten and Orson Welles. In the film, set in a post-WW II Vienna, rogue war profiteer Harry Lime has come to view human carnage with a callous indifference, unconcerned that the diluted penicillin he’s been trafficking underground has resulted in the tortured deaths of young children.

Challenged by his old friend Holly Martins to consider the consequences of his actions, Lime responds, “In these days, old man, nobody thinks in terms of human beings. Governments don’t, so why should we?”

“Have you ever seen any of your victims?” asks Martins.

“Victims?” responds Limes, as he looks down from the top of a Ferris wheel onto a populace reduced to mere dots on the ground. “Look down there. Tell me. Would you really feel any pity if one of those dots stopped moving forever? If I offered you twenty thousand pounds for every dot that stopped, would you really, old man, tell me to keep my money, or would you calculate how many dots you could afford to spare? Free of income tax, old man. Free of income tax — the only way you can save money nowadays.”

As I make clear in my book Battlefield America: The War on the American People, this is how the U.S. government sees us, too, when it looks down upon us from its lofty perch.

To the powers-that-be, the rest of us are insignificant specks, faceless dots on the ground.

To the architects of the American police state, we are not worthy or vested with inherent rights. This is how the government can justify treating us like economic units to be bought and sold and traded, or caged rats to be experimented upon and discarded when we’ve outgrown our usefulness.

To those who call the shots in the halls of government, “we the people” are merely the means to an end.

“We the people”—who think, who reason, who take a stand, who resist, who demand to be treated with dignity and care, who believe in freedom and justice for all—have become obsolete, undervalued citizens of a totalitarian state that, in the words of Rod Serling, “has patterned itself after every dictator who has ever planted the ripping imprint of a boot on the pages of history since the beginning of time. It has refinements, technological advances, and a more sophisticated approach to the destruction of human freedom.”

In this sense, we are all Romney Wordsworth, the condemned man in Serling’s Twilight Zone episode “The Obsolete Man.”

“The Obsolete Man” speaks to the dangers of a government that views people as expendable once they have outgrown their usefulness to the State. Yet—and here’s the kicker—this is where the government through its monstrous inhumanity also becomes obsolete. As Serling noted in his original script for “The Obsolete Man,” “Any state, any entity, any ideology which fails to recognize the worth, the dignity, the rights of Man…that state is obsolete.”

How do you defeat a monster? You start by recognizing the monster for what it is.

Source: https://bit.ly/2RVHMla

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.

 

COVID-19 and the War on Cash: What Is Behind the Push for a Cashless Society?

Posted: April 14, 2020 in Uncategorized
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“The fact is that the government, like a highwayman, says to a man: Your money, or your life. And many, if not most, taxes are paid under the compulsion of that threat. The government does not, indeed, waylay a man in a lonely place, spring upon him from the road side, and, holding a pistol to his head, proceed to rifle his pockets. But the robbery is none the less a robbery on that account; and it is far more dastardly and shameful.”—Lysander Spooner, American abolitionist and legal theorist

Cash may well become a casualty of the COVID-19 pandemic.

As these COVID-19 lockdowns drag out, more and more individuals and businesses are going cashless (for convenience and in a so-called effort to avoid spreading coronavirus germs), engaging in online commerce or using digital forms of currency (bank cards, digital wallets, etc.). As a result, physical cash is no longer king.

Yet there are other, more devious, reasons for this re-engineering of society away from physical cash: a cashless society—easily monitored, controlled, manipulated, weaponized and locked down—would play right into the hands of the government (and its corporate partners).

To this end, the government and its corporate partners-in-crime have been waging a subtle war on cash for some time now.

What is this war on cash?

It’s a concerted campaign to shift consumers towards a digital mode of commerce that can easily be monitored, tracked, tabulated, mined for data, hacked, hijacked and confiscated when convenient.

According to economist Steve Forbes, “The real reason for this war on cash—start with the big bills and then work your way down—is an ugly power grab by Big Government. People will have less privacy: Electronic commerce makes it easier for Big Brother to see what we’re doing, thereby making it simpler to bar activities it doesn’t like, such as purchasing salt, sugar, big bottles of soda and Big Macs.”

Much like the war on drugs and the war on terror, this so-called “war on cash” is being sold to the public as a means of fighting terrorists, drug dealers, tax evaders and now COVID-19 germs.

Digital currency provides the government and its corporate partners with the ultimate method to track, control you and punish you.

In recent years, just the mere possession of significant amounts of cash could implicate you in suspicious activity and label you a criminal. The rationale (by police) is that cash is the currency for illegal transactions given that it’s harder to track, can be used to pay illegal immigrants, and denies the government its share of the “take,” so doing away with paper money will help law enforcement fight crime and help the government realize more revenue.

Despite what we know about the government and its history of corruption, bumbling, fumbling and data breaches, not to mention how easily technology can be used against us, the campaign to do away with cash is really not a hard sell.

It’s not a hard sell, that is, if you know the right buttons to push, and the government has become a grand master in the art of getting the citizenry to do exactly what it wants. Remember, this is the same government that plans to use behavioral science tactics to “nudge” citizens to comply with the government’s public policy and program initiatives.

It’s also not a hard sell if you belong to the Digital Generation, that segment of the population for whom technology is second nature and “the first generation born into a world that has never not known digital life.”

And it’s certainly not a hard sell if you belong to the growing class of Americans who use their cell phones to pay bills, purchase goods, and transfer funds.

In much the same way that Americans have opted into government surveillance through the convenience of GPS devices and cell phones, digital cash—the means of paying with one’s debit card, credit card or cell phone—is becoming the de facto commerce of the American police state.

Not too long ago, it was estimated that smart phones would replace cash and credit cards altogether by 2020. Right on schedule, a growing number of businesses are adopting no-cash policies, including certain airlines, hotels, rental car companies, restaurants and retail stores. In Sweden, even the homeless and churches accept digital cash.

Making the case for “never, ever carrying cash” in lieu of a digital wallet, journalist Lisa Rabasca Roepe argues that cash is inconvenient, ATM access is costly, and it’s now possible to reimburse people using digital apps such as Venmo. Thus, there’s no longer a need for cash. “More and more retailers and grocery stores are embracing Apple Pay, Google Wallet, Samsung Pay, and Android Pay,” notes Roepe. “PayPal’s app is now accepted at many chain stores including Barnes & Noble, Foot Locker, Home Depot, and Office Depot. Walmart and CVS have both developed their own payment apps while their competitors Target and RiteAid are working on their own apps.”

It’s not just cash that is going digital, either.

A growing number of states are looking to adopt digital driver’s licenses that would reside on your mobile phone. These licenses would include all of the information contained on your printed license, along with a few “extras” such as real-time data downloaded directly from your state’s Department of Motor Vehicles.

Of course, reading between the lines, having a digital driver’s license will open you up to much the same jeopardy as digital cash: it will make it possible for the government to better track your movements, monitor your activities and communications and ultimately shut you down.

So what’s the deal here?

Despite all of the advantages that go along with living in a digital age—namely, convenience—it’s hard to imagine how a cashless world navigated by way of a digital wallet doesn’t signal the beginning of the end for what little privacy we have left and leave us vulnerable to the likes of government thieves and data hackers.

First, when I say privacy, I’m not just referring to the things that you don’t want people to know about, those little things you do behind closed doors that are neither illegal nor harmful but embarrassing or intimate. I am also referring to the things that are deeply personal and which no one need know about, certainly not the government and its constabulary of busybodies, nannies, Peeping Toms, jail wardens and petty bureaucrats.

Second, we’re already witnessing how easy it will be for government agents to manipulate digital wallets for their own gain. For example, civil asset forfeiture schemes are becoming even more profitable for police agencies thanks to ERAD (Electronic Recovery and Access to Data) devices supplied by the Department of Homeland Security that allow police to not only determine the balance of any magnetic-stripe card (i.e., debit, credit and gift cards) but also freeze and seize any funds on pre-paid money cards. In fact, the Eighth Circuit Court of Appeals ruled that it does not violate the Fourth Amendment for police to scan or swipe your credit card.

Third, as commentator Paul Craig Roberts observed, while Americans have been distracted by the government’s costly war on terror, “the financial system, working hand-in-hand with policymakers, has done more damage to Americans than terrorists could possibly inflict.” Ultimately, as Roberts—who served as Assistant Secretary of the Treasury for Economic Policy under Ronald Reagan—makes clear, the war on cash is about giving the government the ultimate control of the economy and complete access to the citizenry’s pocketbook.

Fourth, if there’s a will, there’s a way. So far, every technological convenience that has made our lives easier has also become our Achilles’ heel, opening us up to greater vulnerabilities from hackers and government agents alike. In recent years, the U.S. government has been repeatedly hacked. In 2015, the Office of Personnel Management had more than 20 million personnel files stolen, everything from Social Security numbers to birth dates and fingerprint records. In 2014, it was the White House, the State Department, the Post Office and other government agencies, along with a host of financial institutions, retailers and entertainment giants that had their files breached. And these are the people in charge of protecting our sensitive information?

Fifth, if there’s one entity that will not stop using cash for its own nefarious purposes, it’s the U.S. government. Cash is the currency used by the government to pay off its foreign “associates.” For instance, the Obama administration flew more than $400 million in cash to Iran, reportedly as part of a financial settlement with the country. Critics claim the money was ransom paid for the return of American hostages. And then there was the $12 billion in shrink-wrapped $100 bills that the U.S. flew to Iraq only to claim it had no record of what happened to the money. It just disappeared, we were told. So when government economists tell you that two-thirds of all $100 bills in circulation are overseas—more than half a trillion dollars’ worth—it’s a pretty good bet that the government played a significant part in their export.

Sixth, this drive to do away with cash is part of a larger global trend driven by international financial institutions and the United Nations that is transforming nations of all sizes, from the smallest nation to the biggest, most advanced economies.

Finally, short of returning to a pre-technological, Luddite age, there’s really no way to pull this horse back now that it’s left the gate. While doing so is near impossible, it would also mean doing without the many conveniences and advantages that are the better angels, if you will, of technology’s totalitarian tendencies: the internet, medical advances, etc.

To our detriment, we have virtually no control over who accesses our private information, how it is stored, or how it is used. Whether we ever had much control remains up for debate. However, in terms of our bargaining power over digital privacy rights, we have been reduced to a pitiful, unenviable position in which we can only hope and trust that those in power will treat our information with respect.

Clearly, as I make clear in my book Battlefield America: The War on the American People, we have come full circle, back to a pre-revolutionary era of taxation without any real representation.

Source: https://bit.ly/2VpJWdL

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.

 

COVID-19’s Challenge to the Christian Church: What Would Jesus Do?

Posted: April 6, 2020 in Uncategorized
Tags: , , , , , ,
1

“The church must be reminded that it is not the master or the servant of the state, but rather the conscience of the state. It must be the guide and the critic of the state, and never its tool. If the church does not recapture its prophetic zeal, it will become an irrelevant social club without moral or spiritual authority.”—Martin Luther King Jr. (A Knock at Midnight, June 11, 1967)

In every age, we find ourselves wrestling with the question of how Jesus Christ—the itinerant preacher and revolutionary activist who died challenging the police state of his time, namely, the Roman Empire—would respond to the moral questions of our day.

For instance, what would Jesus do in the midst of a coronavirus pandemic?

Would he disregard social distancing guidelines to visit and tend to the sick and dying? Would he take the assets belonging to those massive megachurches—the expensive real estate, the lucrative bank accounts—and put them to work where they can do the most good right now, tending to the sick, housing the homeless, and providing for the needy?

Would he advocate, as so many evangelical Christian leaders have done in recent years, for congregants to “submit to your leaders and those in authority,” which in the American police state translates to complying, conforming, submitting, obeying orders, deferring to authority and generally doing whatever a government official tells you to do? Or would he defy government shutdowns to hold church worship services as some have done?

It’s a quandary, all right: what would Jesus do?

Suddenly, that evangelical message of abject compliance to the government, no matter how immoral or unjust that government may seem, is running up against government mandates that test not only how far the religious community will go to exercise its religious freedoms but what that even means in a COVID-19 world.

As the world prepares to spend Holy Week and Easter Sunday in a state of near-isolation, varying degrees of lockdowns imposed by world governments to blunt the deadly impact of this novel coronavirus pandemic have all but ensured that there will be no massive Easter Egg hunts, no Easter parades, and no flower-bedecked church services this year.

We can debate and litigate and legislate whether churches have a lawful right to remain open during this pandemic and allow their congregants to worship in person, but surely Jesus would have us fight an altogether different battle.

Study the life and teachings of Jesus, and you may be surprised at how relevant he is to our modern age.

A radical nonconformist who challenged authority at every turn, Jesus spent his adult life speaking truth to power, challenging the status quo of his day, pushing back against the abuses of the Roman Empire, and providing a blueprint for standing up to tyranny that would be followed by those, religious and otherwise, who came after him.

Those living through this present age of militarized police, SWAT team raids, police shootings of unarmed citizens, roadside strip searches, invasive surveillance, and government lockdowns might feel as if these events are unprecedented, but the characteristics of a police state and its reasons for being are no different today than they were in Jesus’ lifetime: control, power and money.

Much like the American Empire today, the Roman Empire of Jesus’ day was characterized by secrecy, surveillance, a widespread police presence, a citizenry treated like suspects with little recourse against the police state, perpetual wars, a military empire, martial law, and political retribution against those who dared to challenge the power of the state.

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.”

Indeed, the police state in which Jesus lived and its striking similarities to modern-day America are beyond troubling.

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 the NSA, the FBI, the Department of Homeland Security and the 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.

Ultimately, as I point out in my book Battlefield America: The War on the American People, 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.

After all, there is so much suffering and injustice in the world, and so much good that can be done by those who truly aspire to follow Jesus Christ’s example.

We must decide whether we will follow the path of least resistance—willing to turn a blind eye to what Martin Luther King Jr. referred to as the “evils of segregation and the crippling effects of discrimination, to the moral degeneracy of religious bigotry and the corroding effects of narrow sectarianism, to economic conditions that deprive men of work and food, and to the insanities of militarism and the self-defeating effects of physical violence”—or whether we will be transformed nonconformists “dedicated to justice, peace, and brotherhood.”

As King explained in a powerful sermon delivered in 1954, “This command not to conform comes … [from] Jesus Christ, the world’s most dedicated nonconformist, whose ethical nonconformity still challenges the conscience of mankind.”

We need to recapture the gospel glow of the early Christians, who were nonconformists in the truest sense of the word and refused to shape their witness according to the mundane patterns of the world.  Willingly they sacrificed fame, fortune, and life itself in behalf of a cause they knew to be right.  Quantitatively small, they were qualitatively giants.  Their powerful gospel put an end to such barbaric evils as infanticide and bloody gladiatorial contests.  Finally, they captured the Roman Empire for Jesus Christ… The hope of a secure and livable world lies with disciplined nonconformists, who are dedicated to justice, peace, and brotherhood.  The trailblazers in human, academic, scientific, and religious freedom have always been nonconformists.  In any cause that concerns the progress of mankind, put your faith in the nonconformist!

…Honesty impels me to admit that transformed nonconformity, which is always costly and never altogether comfortable, may mean walking through the valley of the shadow of suffering, losing a job, or having a six-year-old daughter ask, “Daddy, why do you have to go to jail so much?”  But we are gravely mistaken to think that Christianity protects us from the pain and agony of mortal existence.  Christianity has always insisted that the cross we bear precedes the crown we wear.  To be a Christian, one must take up his cross, with all of its difficulties and agonizing and tragedy-packed content, and carry it until that very cross leaves its marks upon us and redeems us to that more excellent way that comes only through suffering.

In these days of worldwide confusion, there is a dire need for men and women who will courageously do battle for truth.  We must make a choice. Will we continue to march to the drumbeat of conformity and respectability, or will we, listening to the beat of a more distant drum, move to its echoing sounds?  Will we march only to the music of time, or will we, risking criticism and abuse, march to the soul saving music of eternity?

Source: https://bit.ly/2yCtO0B

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.

 

Draconian Lockdown Powers: It’s a Slippery Slope from Handwashing to House Arrest

Posted: April 1, 2020 in Uncategorized
Tags: , , , ,
1

“Everything can be taken from a man but one thing: the last of the human freedoms — to choose one’s attitude in any given set of circumstances, to choose one’s own way.”—Viktor Frankl

We still have choices.

Just because we’re fighting an unseen enemy in the form of a virus doesn’t mean we have to relinquish every shred of our humanity, our common sense, or our freedoms to a nanny state that thinks it can do a better job of keeping us safe.

Whatever we give up willingly now—whether it’s basic human decency, the ability to manage our private affairs, the right to have a say in how the government navigates this crisis, or the few rights still left to us that haven’t been disemboweled in recent years by a power-hungry police state—we won’t get back so easily once this crisis is past.

The government never cedes power willingly.

Neither should we.

Every day brings a drastic new set of restrictions by government bodies (most have been delivered by way of executive orders) at the local, state and federal level that are eager to flex their muscles for the so-called “good” of the populace.

This is where we run the risk of this whole fly-by-night operation going completely off the rails.

It’s one thing to attempt an experiment in social distancing in order to flatten the curve of this virus because we can’t afford to risk overwhelming the hospitals and exposing the most vulnerable in the nation to unavoidable loss of life scenarios. However, there’s a fine line between strongly worded suggestions for citizens to voluntarily stay at home and strong-armed house arrest orders with penalties in place for non-compliance.

More than three-quarters of all Americans have now been ordered to stay at home and that number is growing as more states fall in line.

Schools have cancelled physical classes, many for the remainder of the academic year.

Many of the states have banned gatherings of more than 10 people.

At least three states (Nevada, North Carolina, and Pennsylvania) have ordered non-essential businesses to close.

In Washington, DC, residents face 90 days in jail and a $5,000 fine if they leave their homes during the coronavirus outbreak. Residents of Maryland, Hawaii and Washington State also risk severe penalties of up to a year in prison and a $5,000 fine for violating the stay-at-home orders. Violators in Alaska could face jail time and up to $25,000 in fines.

Kentucky residents are prohibited from traveling outside the state, with a few exceptions.

New York City, the epicenter of the COVID-19 outbreak in the U.S., is offering its Rikers Island prisoners $6 an hour to help dig mass graves.

In San Francisco, cannabis dispensaries were included among the essential businesses allowed to keep operating during the city-wide lockdown.

New Jersey’s governor canceled gatherings of any number, including parties, weddings and religious ceremonies, and warned the restrictions could continue for weeks or months. One city actually threatened to prosecute residents who spread false information about the virus.

Oregon banned all nonessential social and recreational gatherings, regardless of size.

Rhode Island has given police the go-ahead to pull over anyone with New York license plates to record their contact information and order them to self-quarantine for 14 days.

South Carolina’s police have been empowered to break up any public gatherings of more than three people.

Of course, there are exceptions to all of these stay-at-home orders (in more than 30 states and counting), the longest of which runs until June 10. Essential workers (doctors, firefighters, police and grocery store workers) can go to work. Everyone else will have to fit themselves into a variety of exceptions in order to leave their homes: for grocery runs, doctor visits, to get exercise, to visit a family member, etc.

Throughout the country, more than 14,000 “Citizen-Soldiers” of the National Guard have been mobilized to support the states and the federal government in their fight against the coronavirus. While the Guard officials insist they have not been tasked with martial law, they are coordinating with the Pentagon, FEMA and the states/territories on COVID-19 response missions.

A quick civics lesson: Martial law is a raw exercise of executive power that can override the other branches of government and assume control over the functioning of a nation, state, or smaller area within a state. The power has been exercised by the president, as President Lincoln did soon after the start of the Civil War, and by governors, as was done in Idaho to quell a miner’s strike that broke out there in 1892.

In areas under martial law, all power rests with the military authority in charge. As British General Wellington wrote, “martial law” is not law at all, but martial rule; it abolishes all law and substitutes for it the will of the military commander. Military personnel are not bound by constitutional restrictions requiring a warrant, and may enter and search homes at without judicial authorization or oversight. Indeed, civil courts would no longer be functioning to hear citizen complaints or to enforce their constitutional rights.

Thus far, we have not breached the Constitution’s crisis point: martial law has yet to be overtly imposed (although an argument could be made to the contrary given the militarized nature of the American police state).

It’s just a matter of time before all hell breaks loose.

If this is not the defining point at which we cross over into all-out totalitarianism, then it is at a minimum a test to see how easily we will surrender.

Curiously enough, although Americans have been generally compliant with the government’s suggestions and orders with a few notable exceptions, there’s been a small groundswell of resistance within parts of the religious community over whether churches, synagogues and other religious institutions that hold worship services should be exempt from state-wide bans on mass gatherings. While many churches have resorted to drive-in services and live-streamed services for its congregants, others have refused to close their doors. One pastor of a 4,000-member church who stood his ground, claiming that the government’s orders violate his right to religious freedom, was arrested after holding multiple church services during which attendees were reportedly given hand sanitizer and made to keep a six-foot distance between family groups.

It’s an interesting test of the First Amendment’s freedom of assembly and religious freedom clauses versus the government’s compelling state interest in prohibiting mass gatherings in order to prevent the spread of the virus.

Generally, the government has to show a compelling state interest before it can override certain critical rights such as free speech, assembly, press, search and seizure, etc. Most of the time, it lacks that compelling state interest, but it still manages to violate those rights, setting itself up for legal battles further down the road.

These lockdown measures—on the right of the people to peaceably assemble, to travel, to engage in commerce, etc.—unquestionably restrict fundamental constitutional rights, which might pass muster for a short period of time, but can it be sustained for longer stretches legally?

That’s the challenge before us, of course, if these days and weeks potentially stretch into months-long quarantines.

For example, the First Amendment guarantees “the right of the people peaceably to assemble.”  While the freedom to travel has been specifically recognized only as in the context of interstate or international travel, the freedom of movement is implicit liberty given that government agents may not stop and question or search persons unless they have some legal justification.

As Supreme Court Justice William Douglas once wrote:

The right to travel is a part of the “liberty” of which the citizen cannot be deprived without the due process of law under the Fifth Amendment. . . .  Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, may be necessary for a livelihood. It may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.

As a rule, people are free to roam and loiter in public places and are not required to provide police with their identity or give an account of their purpose for exercising their freedom.

However, as with all constitutional rights, these freedoms, as the Courts have ruled, are not unqualified. Even content-based restrictions on speech are allowed under the First Amendment if the restriction is needed to serve a compelling government interest.

The Supreme Court long ago “distinctly recognized the authority of a state to enact quarantine laws and health laws of every description[.]” Such laws are an exercise of the state’s police power, and if there is a rational basis for believing they are needed to protect the public health, they will be deemed to serve a compelling government interest.

The point was made over 100 years ago in circumstances similar to today’s COVID-19 outbreak when a smallpox outbreak occurred in Cambridge, Mass., invoking a state law allowing localities to make vaccinations mandatory and enforceable by criminal penalties.  In upholding the law and local order against a claim that it violated the constitutional liberty to control one’s own body and health, the Supreme Court declared:

The possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed by the governing authority of the country essential to the safety, health, peace, good order, and morals of the community. Even liberty itself, the greatest of all rights, is not unrestricted license to act according to one’s own will.

The Court went on to write that “[u]pon the principle of self-defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.”

Most states have enacted laws that recognize the need for prompt action in times of emergency, including epidemics, and have delegated the authority to and executive officer to take action to address that emergency.  For example, Tennessee law provides that the governor is given the power to issue orders that have the force and effect of law to address emergencies, which include disease outbreaks and epidemics. That state’s law similarly grants mayors or other local chief executive officers the power to issue orders and directives deemed necessary, including closing public facilities, in order to address civil emergencies.

Courts have ruled that they will defer to the decisions of an executive authority on the decision as to whether an emergency exists and whether the means employed to address the emergency are reasonable and legal, although there could be situations where a court would declare that the executive decision is arbitrary and unreasonable.

When governments act under their police power to control plagues and epidemics, those laws are valid even though they may restrict individuals in the exercise of constitutional rights.  As one legal scholar recently noted, the balance between individual rights and protection of the public “assumes that there will be times when there are truly compelling emergencies justifying severe measures. A global pandemic that spreads even among those who are asymptomatic and could exceed the capacity of the American health care system would appear to be just such a compelling situation.”

At the moment, the government believes it has a compelling interest—albeit a temporary one—in restricting gatherings, assemblies and movement in public in order to minimize the spread of this virus.

The key point is this: while we may tolerate these restrictions on our liberties in the short term, we should never fail to be on guard lest these one-time constraints become a slippery slope to a total lockdown mindset.

What we must guard against, more than ever before, is the tendency to become so accustomed to our prison walls—these lockdowns, authoritarian dictates, and police state tactics justified as necessary for national security—that we allow the government to keep having its way in all things, without any civic resistance or objections being raised.

Martin Niemoller learned that particular lesson the hard way.

A German military officer turned theologian, Niemoller was an early supporter of Hitler’s rise to power, having believed his promises to protect the church and not allow pogroms against the Jewish people. It didn’t take long for Hitler to break those promises, but by the time the German people realized they had been double-crossed, it was too late.

As Niemoller warned: “First they came for the Socialists, and I did not speak out—Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out—Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out—Because I was not a Jew. Then they came for me—and there was no one left to speak for me.”

The lesson for those of us housebound and watching from a distance as the Fourth Reich emerges from the shadows is this: all freedoms hang together.

Niemoller’s warning for our modern age would probably go something like this: First the government went after the right to be free from unreasonable searches and seizures, and I did not object, because I had nothing to hide. Then they went after the right to not be spied upon, and I did not object, because I had done nothing wrong. Then they went after the right to criticize the government, and I still did not object, because I had nothing to criticize them for. Then they went after the right to speak—worship—and assemble freely, and I did not object, because I had nothing to say, no one to worship, and nowhere to congregate. By the time the government came to lock me up, there was no one left to set me free.

In other words, don’t be naïve: the government will use this crisis to expand its powers far beyond the reach of the Constitution. The Justice Department has already signaled its desire to suspend parts of the Constitution indefinitely.

That’s how it starts.

Travel too far down that slippery slope, and there will be no turning back.

Curiously enough, although Americans have not been inclined to agree on anything much lately, given the extreme polarization of the country politically, a recent survey indicates that “people of both parties seem rather okay with undermining core civil liberties in order to fight the pandemic.”

This way lies madness.

As I make clear in my book Battlefield America: The War on the American People, if you wait to speak out—stand up—and resist until the government’s lockdowns impact your freedoms personally, it could be too late.

What would be far worse, however, is handing over your freedoms voluntarily—without even a semblance of protest—to a government that cares little to nothing about your freedoms or your lives.

Source: https://bit.ly/3aBsR6R

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.