Archive for October, 2022

Dictatorship in Disguise: Authoritarian Monsters Wreak Havoc on Our Freedoms

Posted: October 24, 2022 in Uncategorized
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“You see them on the street. You watch them on TV. You might even vote for one this fall. You think they’re people just like you. You’re wrong. Dead wrong.” — They Live 

We’re living in two worlds.

There’s the world we see (or are made to see) and then there’s the one we sense (and occasionally catch a glimpse of), the latter of which is a far cry from the propaganda-driven reality manufactured by the government and its corporate sponsors, including the media.

Indeed, what most Americans perceive as life in America—privileged, progressive and free—is a far cry from reality, where economic inequality is growing, real agendas and real power are buried beneath layers of Orwellian doublespeak and corporate obfuscation, and “freedom,” such that it is, is meted out in small, legalistic doses by militarized police and federal agents armed to the teeth.

All is not as it seems.

Monsters with human faces walk among us. Many of them work for the U.S. government.

This is the premise of John Carpenter’s film They Live, which was released in November 1988 and remains unnervingly, chillingly appropriate for our modern age.

Best known for his horror film Halloween, which assumes that there is a form of evil so dark that it can’t be killed, Carpenter’s larger body of work is infused with a strong anti-authoritarian, anti-establishment, laconic bent that speaks to the filmmaker’s concerns about the unraveling of our society, particularly our government.

Time and again, Carpenter portrays the government working against its own citizens, a populace out of touch with reality, technology run amok, and a future more horrific than any horror film.

In Escape from New York, Carpenter presents fascism as the future of America.

In The Thing, a remake of the 1951 sci-fi classic of the same name, Carpenter presupposes that increasingly we are all becoming dehumanized.

In Christine, the film adaptation of Stephen King’s novel about a demon-possessed car, technology exhibits a will and consciousness of its own and goes on a murderous rampage.

In In the Mouth of Madness, Carpenter notes that evil grows when people lose “the ability to know the difference between reality and fantasy.”

And then there is Carpenter’s They Live, in which two migrant workers discover that the world is not as it seems. In fact, the population is actually being controlled and exploited by aliens working in partnership with an oligarchic elite. All the while, the populace—blissfully unaware of the real agenda at work in their lives—has been lulled into complacency, indoctrinated into compliance, bombarded with media distractions, and hypnotized by subliminal messages beamed out of television and various electronic devices, billboards and the like.

It is only when homeless drifter John Nada (played to the hilt by the late Roddy Piper) discovers a pair of doctored sunglasses—Hoffman lenses—that Nada sees what lies beneath the elite’s fabricated reality: control and bondage.

When viewed through the lens of truth, the elite, who appear human until stripped of their disguises, are shown to be monsters who have enslaved the citizenry in order to prey on them.

Likewise, billboards blare out hidden, authoritative messages: a bikini-clad woman in one ad is actually ordering viewers to “MARRY AND REPRODUCE.” Magazine racks scream “CONSUME” and “OBEY.” A wad of dollar bills in a vendor’s hand proclaims, “THIS IS YOUR GOD.”

When viewed through Nada’s Hoffman lenses, some of the other hidden messages being drummed into the people’s subconscious include: NO INDEPENDENT THOUGHT, CONFORM, SUBMIT, STAY ASLEEP, BUY, WATCH TV, NO IMAGINATION, and DO NOT QUESTION AUTHORITY.

This indoctrination campaign engineered by the elite in They Live is painfully familiar to anyone who has studied the decline of American culture.

A citizenry that does not think for themselves, obeys without question, is submissive, does not challenge authority, does not think outside the box, and is content to sit back and be entertained is a citizenry that can be easily controlled.

In this way, the subtle message of They Live provides an apt analogy of our own distorted vision of life in the American police state, what philosopher Slavoj Žižek refers to as dictatorship in democracy, “the invisible order which sustains your apparent freedom.”

We’re being fed a series of carefully contrived fictions that bear no resemblance to reality.

Tune out the government’s attempts to distract, divert and befuddle us and tune into what’s really going on in this country, and you’ll run headlong into an unmistakable, unpalatable truth: what we are dealing with today is an authoritarian beast that has outgrown its chains and will not be restrained.

Through its acts of power grabs, brutality, meanness, inhumanity, immorality, greed, corruption, debauchery and tyranny, the government has become almost indistinguishable from the evil it claims to be fighting, whether that evil takes the form of terrorism, torture, disease, drug trafficking, sex trafficking, murder, violence, theft, pornography, scientific experimentations or some other diabolical means of inflicting pain, suffering and servitude on humanity.

We have let the government’s evil-doing and abuses go on for too long.

We’re being fed a series of carefully contrived fictions that bear no resemblance to reality.

Despite the fact that we are 17,600 times more likely to die from heart disease than from a terrorist attack; 11,000 times more likely to die from an airplane accident than from a terrorist plot involving an airplane; 1,048 times more likely to die from a car accident than a terrorist attack, and 8 times more likely to be killed by a police officer than by a terrorist , we have handed over control of our lives to government officials who treat us as a means to an end—the source of money and power.

As the Bearded Man in They Live warns, “They are dismantling the sleeping middle class. More and more people are becoming poor. We are their cattle. We are being bred for slavery.”

We have bought into the illusion and refused to grasp the truth.

From the moment we are born until we die, we are indoctrinated into believing that those who rule us do it for our own good. The truth is far different.

The powers-that-be want us to feel threatened by forces beyond our control (terrorists, pandemics, mass shootings, etc.).

They want us afraid and dependent on the government and its militarized armies for our safety and well-being.

They want us distrustful of each other, divided by our prejudices, and at each other’s throats.

Most of all, they want us to continue to march in lockstep with their dictates as fearful, controlled, pacified zombies.

This brings me back to They Live, in which the real zombies are not the aliens calling the shots but the populace who are content to remain controlled.

When all is said and done, the world of They Live is not so different from our own. As one of the characters points out, “The poor and the underclass are growing. Racial justice and human rights are nonexistent. They have created a repressive society and we are their unwitting accomplices. Their intention to rule rests with the annihilation of consciousness. We have been lulled into a trance. They have made us indifferent to ourselves, to others. We are focused only on our own gain.”

We, too, are focused only on our own pleasures, prejudices and gains. Our poor and underclasses are also growing. Injustice is growing. Inequality is growing. A concern for human rights is nearly nonexistent. We too have been lulled into a trance, indifferent to others.

Oblivious to what lies ahead, we’ve been manipulated into believing that if we continue to consume, obey, and have faith, things will work out. But that’s never been true of emerging regimes. And by the time we feel the hammer coming down upon us, it will be too late.

So where does that leave us?

The characters who populate Carpenter’s films provide some insight.

Underneath their machismo, they still believe in the ideals of liberty and equal opportunity. Their beliefs place them in constant opposition with the law and the establishment, but they are nonetheless freedom fighters.

When, for example, John Nada destroys the alien hypno-transmitter in They Live, he delivers a wake-up call for freedom. As Nada memorably declares, “I have come here to chew bubblegum and kick ass. And I’m all out of bubblegum.”

In other words: we need to get active and take a stand for what’s really important.

Stop allowing yourselves to be easily distracted by pointless political spectacles and pay attention to what’s really going on in the country.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the real battle for control of this nation is taking place on roadsides, in police cars, on witness stands, over phone lines, in government offices, in corporate offices, in public school hallways and classrooms, in parks and city council meetings, and in towns and cities across this country.

All the trappings of the American police state are now in plain sight.

Wake up, America.

If they live (the tyrants, the oppressors, the invaders, the overlords), it is only because “we the people” sleep.

Source: https://bit.ly/3F9UYw4

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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Think Twice Before Calling the Cops: The Deadly Cost of Police Welfare Checks

Posted: October 18, 2022 in Uncategorized
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“This should have never happened. We shouldn’t be living in a society where you call for help and be killed.”— Mother of Damian Daniels, who was shot by police during a wellness check

Think twice before you call the cops to carry out a welfare check on a loved one.

Especially if you value that person’s life.

Particularly if that person is disabled, mentally ill, elderly, autistic, hearing impaired, suffering from dementia, or might have a condition that hinders their ability to understand, communicate or immediately comply with an order.

According to an investigation by The Washington Post, cops sent out on welfare checks ended up shooting or killing the very people they were supposed to assist in at least 178 cases over the course of three years.

Atatiana Jefferson was neither disabled, mentally ill, elderly, autistic, hearing impaired, suffering from dementia. The 28-year-old Fort Worth resident was merely awake at 2:30 am, playing video games with her 8-year-old nephew in a house with its lights on and the front door open.

A neighbor, noticing the lights and open door, asked police to do a welfare check on the household. Instead of announcing themselves at the front door, police crept quietly around the house. Hearing noises outside, Jefferson approached her bedroom window to investigate.

Seeing Jefferson through the window, police yelled, “Put your hands up! Show me your hands!” Within seconds of issuing that order and without identifying themselves, police fired a single shot. Jefferson died on the scene.

Atatiana Jefferson’s death is yet one more grim statistic to add to that growing list of Americans—unarmed, impaired or experiencing a mental health crisis—who have been killed by police trained in the worst-case scenario and thus ready to shoot first and ask questions later.

The officer who fired the shot claimed he did so because he perceived “a threat.”

Be warned: to the armed agents of the America police state, we are all potential threats.

At a time when growing numbers of unarmed people have been shot and killed for just standing a certain way, or moving a certain way, or holding something—anything—that police could misinterpret to be a gun, or igniting some trigger-centric fear in a police officer’s mind that has nothing to do with an actual threat to their safety, even the most benign encounters with police can have fatal consequences.

For those undergoing a mental health crisis or with special needs whose disabilities may not be immediately apparent, the dangers posed by these so-called wellness checks are even greater.

For example, Walter Wallace Jr.—a troubled 27-year-old black man with a criminal history and mental health issues—died in a hail of bullets fired by two police officers who clearly had not been adequately trained in how to de-escalate encounters with special needs individuals.

Wallace wasn’t unarmed—he was reportedly holding a knife when police confronted him—yet neither cop attempted to use non-lethal weapons on Wallace, who appeared to be in the midst of a mental health crisis. In fact, neither cop even possessed a taser. Wallace, fired upon fourteen times, was pronounced dead at the hospital.

Gay Plack, a 57-year-old Virginia woman with bipolar disorder, was killed after two police officers—sent to do a welfare check on her—entered her home uninvited, wandered through the house shouting her name, kicked open her locked bedroom door, discovered the terrified woman hiding in a dark bathroom and wielding a small axe, and four seconds later, shot her in the stomach.

Four seconds.

That’s all the time it took for the two police officers assigned to check on Plack to decide to use lethal force against her (both cops opened fire on the woman), rather than using non-lethal options (one cop had a Taser, which he made no attempt to use) or attempting to de-escalate the situation.

The police chief defended his officers’ actions, claiming they had “no other option” but to shoot the 5 foot 4 inch “woman with carpal tunnel syndrome who had to quit her job at a framing shop because her hand was too weak to use the machine that cut the mats.”

This is what happens when you indoctrinate the police into believing that their lives and their safety are paramount to anyone else’s: suddenly, everyone and everything else is a threat that must be neutralized or eliminated.

In light of the government’s ongoing efforts to predict who might pose a threat to public safety based on mental health sensor data (tracked by wearable data such as FitBits and Apple Watches and monitored by government agencies such as HARPA, the “Health Advanced Research Projects Agency”), encounters with the police could get even more deadly, especially if those involved have a mental illness or disability.

As Steve Silberman writes for The New York Times “Anyone who cares for someone with a developmental disability, as well as for disabled people themselves [lives] every day in fear that their behavior will be misconstrued as suspicious, intoxicated or hostile by law enforcement.”

Indeed, disabled individuals make up a third to half of all people killed by law enforcement officers. People of color are three times more likely to be killed by police than their white counterparts. If you’re black and disabled, you’re even more vulnerable.

A study by the Ruderman Family Foundation reports that “disabled individuals make up the majority of those killed in use-of-force cases that attract widespread attention. This is true both for cases deemed illegal or against policy and for those in which officers are ultimately fully exonerated… Many more disabled civilians experience non-lethal violence and abuse at the hands of law enforcement officers.”

For instance, Nancy Schrock called 911 for help after her husband, Tom, who suffered with mental health issues, started stalking around the backyard, upending chairs and screaming about demons. Several times before, police had transported Tom to the hospital, where he was medicated and sent home after 72 hours. This time, Tom was tasered twice. He collapsed, lost consciousness and died.

In South Carolina, police tasered an 86-year-old grandfather reportedly in the early stages of dementia, while he was jogging backwards away from them. Now this happened after Albert Chatfield led police on a car chase, running red lights and turning randomly. However, at the point that police chose to shock the old man with electric charges, he was out of the car, on his feet, and outnumbered by police officers much younger than him.

In Georgia, campus police shot and killed a 21-year-old student who was suffering a mental health crisis. Scout Schultz was shot through the heart by campus police when he approached four of them late one night while holding a pocketknife, shouting “Shoot me!” Although police may have feared for their lives, the blade was still in its closed position.

In Oklahoma, police shot and killed a 35-year-old deaf man seen holding a two-foot metal pipe on his front porch (he used the pipe to fend off stray dogs while walking). Despite the fact that witnesses warned police that Magdiel Sanchez couldn’t hear—and thus comply—with their shouted orders to drop the pipe and get on the ground, police shot the man when he was about 15 feet away from them.

In Maryland, police (moonlighting as security guards) used extreme force to eject a 26-year-old man with Downs Syndrome and a low IQ from a movie theater after the man insisted on sitting through a second screening of a film. Autopsy results indicate that Ethan Saylor died of complications arising from asphyxiation, likely caused by a chokehold.

In Florida, police armed with assault rifles fired three shots at a 27-year-old nonverbal, autistic man who was sitting on the ground, playing with a toy truck. Police missed the autistic man and instead shot his behavioral therapist, Charles Kinsey, who had been trying to get him back to his group home. The therapist, bleeding from a gunshot wound, was then handcuffed and left lying face down on the ground for 20 minutes.

In Texas, police handcuffed, tasered and then used a baton to subdue a 7-year-old student who has severe ADHD and a mood disorder. With school counselors otherwise occupied, school officials called police and the child’s mother to assist after Yosio Lopez started banging his head on a wall. The police arrived first.

In New Mexico, police tasered, then opened fire on a 38-year-old homeless man who suffered from schizophrenia, all in an attempt to get James Boyd to leave a makeshift campsite. Boyd’s death provoked a wave of protests over heavy-handed law enforcement tactics.

In Ohio, police forcefully subdued a 37-year-old bipolar woman wearing only a nightgown in near-freezing temperatures who was neither armed, violent, intoxicated, nor suspected of criminal activity. After being slammed onto the sidewalk, handcuffed and left unconscious on the street, Tanisha Anderson died as a result of being restrained in a prone position.

And in North Carolina, a state trooper shot and killed a 29-year-old deaf motorist after he failed to pull over during a traffic stop. Daniel K. Harris was shot after exiting his car, allegedly because the trooper feared he might be reaching for a weapon.

These cases, and the hundreds—if not thousands—more that go undocumented every year speak to a crisis in policing when it comes to law enforcement’s failure to adequately assess, de-escalate and manage encounters with special needs or disabled individuals.

While the research is relatively scant, what has been happening is telling.

Over the course of six months, police shot and killed someone who was in mental crisis every 36 hours.

Among 124 police killings analyzed by The Washington Post in which mental illness appeared to be a factor, “They were overwhelmingly men, more than half of them white. Nine in 10 were armed with some kind of weapon, and most died close to home.”

But there were also important distinctions, reports the Post.

“This group was more likely to wield a weapon less lethal than a firearm. Six had toy guns; 3 in 10 carried a blade, such as a knife or a machete — weapons that rarely prove deadly to police officers. According to data maintained by the FBI and other organizations, only three officers have been killed with an edged weapon in the past decade. Nearly a dozen of the mentally distraught people killed were military veterans, many of them suffering from post-traumatic stress disorder as a result of their service, according to police or family members. Another was a former California Highway Patrol officer who had been forced into retirement after enduring a severe beating during a traffic stop that left him suffering from depression and PTSD. And in 45 cases, police were called to help someone get medical treatment, or after the person had tried and failed to get treatment on his own.”

The U.S. Supreme Court, as might be expected, has thus far continued to immunize police against charges of wrongdoing when it comes to use of force against those with a mental illness.

In a 2015 ruling, the Court declared that police could not be sued for forcing their way into a mentally ill woman’s room at a group home and shooting her five times when she advanced on them with a knife. The justices did not address whether police must take special precautions when arresting mentally ill individuals. (The Americans with Disabilities Act requires “reasonable accommodations” for people with mental illnesses, which in this case might have been less confrontational tactics.)

Where does this leave us?

For starters, we need better police training across the board, but especially when it comes to de-escalation tactics and crisis intervention.

A study by the National Institute of Mental Health found that Crisis Intervention Team-trained officers made fewer arrests, used less force, and connected more people with mental-health services than their non-trained peers.

As The Washington Post points out:

“Although new recruits typically spend nearly 60 hours learning to handle a gun, according to a recent survey by the Police Executive Research Forum, they receive only eight hours of training to de-escalate tense situations and eight hours learning strategies for handling the mentally ill. Otherwise, police are taught to employ tactics that tend to be counterproductive in such encounters, experts said. For example, most officers are trained to seize control when dealing with an armed suspect, often through stern, shouted commands. But yelling and pointing guns is ‘like pouring gasoline on a fire when you do that with the mentally ill,’ said Ron Honberg, policy director with the National Alliance on Mental Illness.”

Second, police need to learn how to slow confrontations down, instead of ramping up the tension (and the noise).

In Maryland, police recruits are now required to take a four-hour course in which they learn “de-escalation tactics” for dealing with disabled individuals: speak calmly, give space, be patient.

One officer in charge of the Los Angeles Police Department’s “mental response teams” suggests that instead of rushing to take someone into custody, police should try to slow things down and persuade the person to come with them.

Third, with all the questionable funds flowing to police departments these days, why not use some of those funds to establish what one disability-rights activist describes as “a 911-type number dedicated to handling mental-health emergencies, with community crisis-response teams at the ready rather than police officers.”

Increasingly, funds are being directed towards technologies that support predictive policing and behavioral and health surveillance. For instance, HARPA (a healthcare counterpart to the Pentagon’s research and development arm DARPA) would take the lead in identifying and targeting “signs” of mental illness or violent inclinations among the populace by using artificial intelligence to collect data from Apple Watches, Fitbits, Amazon Echo and Google Home.

It wouldn’t take much for these nascent predictive programs to give rise to healthcare versions of red flag gun laws, which allows the government to preemptively take action against individuals who may be perceived as potential threats. 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.

In the end, while we need to make encounters with police officers safer for people with suffering from mental illness or with disabilities, what we really need—as I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries—is to make encounters with police safer for all individuals all across the board.

Source: https://bit.ly/3MFpMq9

America’s Death Squads: When Police Become Judge, Jury and Executioner

Posted: October 11, 2022 in Uncategorized
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“You know, when police start becoming their own executioners, where’s it gonna end? Pretty soon, you’ll start executing people for jaywalking, and executing people for traffic violations. Then you end up executing your neighbor ‘cause his dog pisses on your lawn.”—“Dirty Harry” Callahan, Magnum Force

When I say that warrior cops—hyped up on their own authority and the power of the badge—have not made America any safer or freer, I am not disrespecting any of the fine, decent, lawful police officers who take seriously their oath of office to serve and protect their fellow citizens, uphold the Constitution, and maintain the peace.

My concern rests with the cops who feel empowered to act as judge, jury and executioner.

These death squads believe they can kill, shoot, taser, abuse and steal from American citizens in the so-called name of law and order.

Just recently, in fact, a rookie cop opened fire on the occupants of a parked car in a McDonald’s parking lot on a Sunday night in San Antonio, Texas.

The driver, 17-year-old Erik Cantu and his girlfriend, were eating burgers inside the car when the police officer—suspecting the car might have been one that fled an attempted traffic stop the night before—abruptly opened the driver side door, ordered the teenager to get out, and when he did not comply, shot ten times at the car, hitting Cantu multiple times.

Mind you, this wasn’t a life-or-death situation.

It was two teenagers eating burgers in a parking lot, and a cop fresh out of the police academy taking justice into his own hands.

This wasn’t an isolated incident, either.

In Hugo, Oklahoma, plain clothes police officers opened fire on a pickup truck parked in front of a food bank, heedless of the damage such a hail of bullets—26 shots were fired—could have on those in the vicinity. Three of the four children inside the parked vehicle were shot: a 4-year-old girl was shot in the head and ended up with a bullet in the brain; a 5-year-old boy received a skull fracture; and a 1-year-old girl had deep cuts on her face from gunfire or shattered window glass. The reason for the use of such excessive force? Police were searching for a suspect in a weeks-old robbery of a pizza parlor that netted $400.

In Minnesota, a 4-year-old girl watched from the backseat of a car as cops shot and killed her mother’s boyfriend, Philando Castile, a school cafeteria supervisor, during a routine traffic stop merely because Castile disclosed that he had a gun in his possession, for which he had a lawful conceal-and-carry permit. That’s all it took for police to shoot Castile four times as he was reaching for his license and registration. 

In Arizona, a 7-year-old girl watched panic-stricken as a state trooper pointed his gun at her and her father during a traffic stop and reportedly threated to shoot her father in the back (twice) based on the mistaken belief that they were driving a stolen rental car.

This is how we have gone from a nation of laws—where the least among us had just as much right to be treated with dignity and respect as the next person (in principle, at least)—to a nation of law enforcers (revenue collectors with weapons) who treat the citizenry like suspects and criminals.

The lesson for all of us: at a time when police have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect”—and a “fear” for officer safety is used to justify all manner of police misconduct—“we the people” are at a severe disadvantage.

Add a traffic stop to the mix, and that disadvantage increases dramatically.

According to the Justice Department, the most common reason for a citizen to come into contact with the police is being a driver in a traffic stop.

On average, one in 10 Americans gets pulled over by police.

Of the roughly 1,100 people killed by police each year, 10% of those involve traffic stops.

Historically, police officers have been given free range to pull anyone over for a variety of reasons.

This free-handed approach to traffic stops has resulted in drivers being stopped for windows that are too heavily tinted, for driving too fast, driving too slow, failing to maintain speed, following too closely, improper lane changes, distracted driving, screeching a car’s tires, and leaving a parked car door open for too long.

Motorists can also be stopped by police for driving near a bar or on a road that has large amounts of drunk driving, driving a certain make of car (Mercedes, Grand Prix and Hummers are among the most ticketed vehicles), having anything dangling from the rearview mirror (air fresheners, handicap parking permits, toll transponders or rosaries), and displaying pro-police bumper stickers.

Incredibly, a federal appeals court actually ruled unanimously in 2014 that acne scars and driving with a stiff upright posture are reasonable grounds for being pulled over. The Fifth Circuit Court of Appeals ruled that driving a vehicle that has a couple air fresheners, rosaries and pro-police bumper stickers at 2 MPH over the speed limit is suspicious, meriting a traffic stop.

Equally appalling, in Heien v. North Carolina, the U.S. Supreme Court—which has largely paved the way for the police and other government agents to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance—allowed police officers to stop drivers who appear nervous, provided they provide a palatable pretext for doing so.

Black drivers are almost two times more likely than white drivers to be pulled over by police and three times more likely to have their vehicles searched. As the Washington Post concludes, “‘Driving while black’ is, indeed, a measurable phenomenon.”

In other words, drivers beware.

Traffic stops aren’t just dangerous. They can be downright deadly.

Patrick Lyoya was pulled over for having a mismatched license plate. The unarmed man was shot in the back of the head while on the ground during a subsequent struggle with a Michigan police officer.

Reportedly pulled over for a broken taillight, Walter Scott—unarmed—ran away from the police officer, who pursued and shot him from behind, first with a Taser, then with a gun. Scott was struck five times, “three times in the back, once in the upper buttocks and once in the ear — with at least one bullet entering his heart.”

Samuel Dubose, also unarmed, was pulled over for a missing front license plate. He was reportedly shot in the head after a brief struggle in which his car began rolling forward.

Levar Jones was stopped for a seatbelt offense, just as he was getting out of his car to enter a convenience store. Directed to show his license, Jones leaned into his car to get his wallet, only to be shot four times by the “fearful” officer. Jones was also unarmed.

Bobby Canipe was pulled over for having an expired registration. When the 70-year-old reached into the back of his truck for his walking cane, the officer fired several shots at him, hitting him once in the abdomen.

Dontrell Stevens was stopped “for not bicycling properly.” The officer pursuing him “thought the way Stephens rode his bike was suspicious. He thought the way Stephens got off his bike was suspicious.” Four seconds later, sheriff’s deputy Adams Lin shot Stephens four times as he pulled out a black object from his waistband. The object was his cell phone. Stephens was unarmed.

That police are choosing to fatally resolve these encounters by using their guns on fellow citizens speaks volumes about what is wrong with policing in America today, where police officers are being dressed in the trappings of war, drilled in the deadly art of combat, and trained to look upon “every individual they interact with as an armed threat and every situation as a deadly force encounter in the making.”

Keep in mind, from the moment those lights start flashing and that siren goes off, we’re all in the same boat. Yet it’s what happens after you’ve been pulled over that’s critical.

Trying to predict the outcome of any encounter with the police is a bit like playing Russian roulette: most of the time you will emerge relatively unscathed, although decidedly poorer and less secure about your rights, but there’s always the chance that an encounter will turn deadly.

Survival is key.

Technically, you have the right to remain silent (beyond the basic requirement to identify yourself and show your registration). You have the right to refuse to have your vehicle searched. You have the right to film your interaction with police. You have the right to ask to leave. You also have the right to resist an unlawful order such as a police officer directing you to extinguish your cigarette, put away your phone or stop recording them.

However, there is a price for asserting one’s rights. That price grows more costly with every passing day.

If you ask cops and their enablers what Americans should do to stay alive during encounters with police, they will tell you to comply, cooperate, obey, not resist, not argue, not make threatening gestures or statements, avoid sudden movements, and submit to a search of their person and belongings. 

Unfortunately, in the American police state, compliance is no guarantee that you will survive an encounter with the police with your life and liberties intact.

Every day we hear about situations in which unarmed Americans complied and still died during an encounter with police simply because they appeared to be standing in a “shooting stance” or held a cell phone or a garden hose or carried around a baseball bat or answered the front door or held a spoon in a threatening manner or ran in an aggressive manner holding a tree branch or wandered around naked or hunched over in a defensive posture or made the mistake of wearing the same clothes as a carjacking suspect (dark pants and a basketball jersey) or dared to leave an area at the same time that a police officer showed up or had a car break down by the side of the road or were deaf or homeless or old.

More often than not, it seems as if all you have to do to be shot and killed by police is stand a certain way, or move a certain way, or hold something—anything—that police could misinterpret to be a gun, or ignite some trigger-centric fear in a police officer’s mind that has nothing to do with an actual threat to their safety.

Now politicians, police unions, law enforcement officials and individuals who are more than happy to march in lockstep with the police state make all kinds of excuses to justify these shootings.  However, to suggest that a good citizen is a compliant citizen and that obedience will save us from the police state is not only recklessly irresponsible, but it is also deluded.

To begin with, and most importantly, Americans need to know their rights when it comes to interactions with the police, bearing in mind that many law enforcement officials are largely ignorant of the law themselves.

A good resource is The Rutherford Institute’s “Constitutional Q&A: Rules of Engagement for Interacting with Police.”

In a nutshell, the following are your basic rights when it comes to interactions with the police as outlined in the Bill of Rights:

You have the right under the First Amendment to ask questions and express yourself. You have the right under the Fourth Amendment to not have your person or your property searched by police or any government agent unless they have a search warrant authorizing them to do so.  You have the right under the Fifth Amendment to remain silent, to not incriminate yourself and to request an attorney. Depending on which state you live in and whether your encounter with police is consensual as opposed to your being temporarily detained or arrested, you may have the right to refuse to identify yourself. Not all states require citizens to show their ID to an officer (although drivers in all states must do so).

As a rule of thumb, you should always be sure to clarify in any police encounter whether or not you are being detained, i.e., whether you have the right to walk away. That holds true whether it’s a casual “show your ID” request on a boardwalk, a stop-and-frisk search on a city street, or a traffic stop for speeding or just to check your insurance. If you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re essentially under arrest from the moment a cop stops you. Still, it doesn’t hurt to clarify that distinction.

While technology is always going to be a double-edged sword, with the gadgets that are the most useful to us in our daily lives—GPS devices, cell phones, the internet—being the very tools used by the government to track us, monitor our activities, and generally spy on us, cell phones are particularly useful for recording encounters with the police and have proven to be increasingly powerful reminders to police that they are not all powerful.

Knowing your rights is only part of the battle, unfortunately.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the danger arises when the burden of proof is reversed, “we the people” are assumed guilty, and we have to exercise our rights while simultaneously attempting to prove our innocence to trigger-happy cops with no understanding of the Bill of Rights.

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

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

All of Us Are in Danger: When Anti-Government Speech Becomes Sedition

Posted: October 5, 2022 in Uncategorized
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“If you can’t say ‘F@#k’ you can’t say, ‘F@#k’ the government.’”— Lenny Bruce, comedian

Anti-government speech has become a four-letter word.

In more and more cases, the government is declaring war on what should be protected political speech whenever it challenges the government’s power, reveals the government’s corruption, exposes the government’s lies, and encourages the citizenry to push back against the government’s many injustices.

Indeed, there is a long and growing list of the kinds of speech that the government considers dangerous enough to red flag and subject to censorship, surveillance, investigation and prosecution: hate speech, conspiratorial speech, treasonous speech, threatening speech, inflammatory speech, radical speech, anti-government speech, extremist speech, etc.

Things are about to get even dicier for those who believe in fully exercising their right to political expression.

Indeed, the government’s seditious conspiracy charges against Stewart Rhodes, the founder of Oath Keepers, and several of his associates for their alleged involvement in the January 6 Capitol riots puts the entire concept of anti-government political expression on trial.

Enacted during the Civil War to prosecute secessionists, seditious conspiracy makes it a crime for two or more individuals to conspire to “‘overthrow, put down, or to destroy by force’ the U.S. government, or to levy war against it, or to oppose by force and try to prevent the execution of any law.”

It’s a hard charge to prove, and the government’s track record hasn’t been the greatest.

It’s been almost a decade since the government tried to make a seditious conspiracy charge stick—against a small Christian militia accused of plotting to kill a police officer and attack attendees at his funeral in order to start a civil war—and it lost the case.

Although the government was able to show that the Hutaree had strong anti-government views, the judge ruled in U.S. v. Stone that “[O]ffensive speech and a conspiracy to do something other than forcibly resist a positive show of authority by the Federal Government is not enough to sustain a charge of seditious conspiracy.”

Whether or not prosecutors are able to prove their case that Rhodes and his followers intended to actually overthrow the government, the blowback will be felt far and wide by anyone whose political views can be labeled “anti-government.”

All of us are in danger.

In recent years, the government has used the phrase “domestic terrorist” interchangeably with “anti-government,” “extremist” and “terrorist” to describe anyone who might fall somewhere on a very broad spectrum of viewpoints that could be considered “dangerous.”

The ramifications are so far-reaching as to render almost every American with an opinion about the government or who knows someone with an opinion about the government an extremist in word, deed, thought or by association.

You see, the government doesn’t care if you or someone you know has a legitimate grievance. It doesn’t care if your criticisms are well-founded. And it certainly doesn’t care if you have a First Amendment right to speak truth to power.

What the government cares about is whether what you’re thinking or speaking or sharing or consuming as information has the potential to challenge its stranglehold on power.

Why else would the FBI, CIA, NSA and other government agencies be investing in corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter and Instagram?

Why else would the Biden Administration be likening those who share “false or misleading narratives and conspiracy theories, and other forms of mis- dis- and mal-information” to terrorists?

According to the Department of Homeland Security’s terrorism bulletin, “[T]hreat actors seek to exacerbate societal friction to sow discord and undermine public trust in government institutions to encourage unrest, which could potentially inspire acts of violence.”

By the government’s own definition, America’s founders would be considered domestic extremists for the heavily charged rhetoric they used to birth this nation.

Thomas Jefferson and Benjamin Franklin would certainly be placed on a terrorist watch list for suggesting that Americans should not only take up arms but be prepared to shed blood in order to protect their liberties.

“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms,” declared Jefferson. He also concluded that “the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

Observed Franklin: “Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!”

Thomas Paine, Marquis De Lafayette, John Adams and Patrick Henry would certainly be labelled domestic extremists for exhorting Americans to defend themselves against the government if it violates their rights.

“It is the duty of the patriot to protect his country from its government,” insisted Paine.

“When the government violates the people’s rights,” Lafayette warned, “insurrection is, for the people and for each portion of the people, the most sacred of the rights and the most indispensable of duties.”

Adams cautioned, “A settled plan to deprive the people of all the benefits, blessings and ends of the contract, to subvert the fundamentals of the constitution, to deprive them of all share in making and executing laws, will justify a revolution.”

And who could forget Patrick Henry with his ultimatum: “Give me liberty or give me death!”

Conduct your own experiment into the government’s tolerance of speech that challenges its authority, and see for yourself: stand on a street corner—or in a courtroom, at a city council meeting or on a university campus— and try denouncing the government with some of the founders’ rhetoric.

My guess is that you won’t last long before you get thrown out, shut up, threatened with arrest or at the very least accused of being a radical, a troublemaker, a sovereign citizen, a conspiratorialist or an extremist.

Or maybe you’ll just be fined.

It’s happening all across the country.

In Punta Gorda, Florida, for instance, two political activists were fined $3000 for displaying protest flags with political messages that violated the city’s ordinance banning signs, clothing and other graphic displays containing words that the city deems “indecent.”

During the first month of the new ordinance being enacted, Andrew Sheets was cited four times by police for violating the ordinance by displaying phrases which said “F@#k Policing 4 Profit,” “F@#k Trump,” and “F@#k Biden.” Richard Massey was cited for violating the ordinance by displaying a sign which proclaimed, “F@#k Punta Gorda, trying to illegally kill free speech.”

Coming to the defense of the two activists, The Rutherford Institute challenged the City of Punta Gorda’s ban on indecent speech as unconstitutionally vague and a violation of the First Amendment’s safeguards for political speech that may not be censored or punished by the government.

We won the first round, with the Charlotte County Circuit Court ruling against the City, noting that the ordinance was “designed to cause the preemptive self-silencing of speakers whose messages are entitled to constitutional protection.”

In other words, as the court recognized, the ordinance was clearly designed to chill political speech, which is protected under the First Amendment.

You see, the right of political free speech is the basis of all liberty.

No matter what one’s political persuasion might be, every American has a First Amendment right to protest government programs or policies with which they might disagree.

The right to disagree with and speak out against the government is the quintessential freedom.

Every individual has a right to speak truth to power using every nonviolent means available.

This is why the First Amendment is so critical. It gives the citizenry the right to speak freely, protest peacefully, expose government wrongdoing, and criticize the government without fear of reprisal.

Americans of all stripes would do well to remember that those who question the motives of government provide a necessary counterpoint to those who would blindly follow where politicians choose to lead.

We don’t have to agree with every criticism of the government, but we must defend the rights of all individuals to speak freely without fear of punishment or threat of banishment.

This is how freedom rises or falls.

As comedian Lenny Bruce, a lifelong champion of free speech, remarked, “If you can’t say ‘F@#k’ you can’t say, ‘F@#k’ the government.’”

Bruce, foul-mouthed, insightful, irreverent, and incredibly funny, was one of the First Amendment’s greatest champions who dared to “speak the unspeakable” about race, religion, sexuality and politics. As Village Voice writer Nat Hentoff attests, Bruce was “not only a paladin of free speech but also a still-penetrating, woundingly hilarious speaker of truth to the powerful and the complacent.”

Bruce died in 1966, but not before being convicted of alleged obscenity for challenging his audience’s covert prejudices by brandishing unmentionable words that, if uttered today, would not only get you ostracized but could get you arrested and charged with a hate crime.

Hentoff, who testified in Bruce’s defense at his trial, recounts that Lenny used to say, “What I wanted people to dig is the lie. Certain words were suppressed to keep the lie going. But if you do them, you should be able to say the words.”

Not much has changed in the 50-plus years since Bruce died. In fact, it’s gotten worse.

What we’re dealing with today is a government that wants to suppress dangerous words—words about its warring empire, words about its land grabs, words about its militarized police, words about its killing, its poisoning and its corruption—in order to keep its lies going.

What we are witnessing is a nation undergoing a nervous breakdown over this growing tension between our increasingly untenable reality and the lies being perpetrated by a government that has grown too power-hungry, egotistical, militaristic and disconnected from its revolutionary birthright.

The only therapy is the truth and nothing but the truth.

If the government censors get their way, there will be no more First Amendment.

There will be no more Bill of Rights.

And, as I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, there will be no more freedom in America as we have known it.

Source: https://bit.ly/3ecgt4s

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.