Archive for March, 2023

A State of Never-Ending Crisis: The Government Is Fomenting Mass Hysteria

Posted: March 29, 2023 in Uncategorized
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“This country has been having a nationwide nervous breakdown since 9/11. A nation of people suddenly broke, the market economy goes to shit, and they’re threatened on every side by an unknown, sinister enemy. But I don’t think fear is a very effective way of dealing with things—of responding to reality. Fear is just another word for ignorance.”—Hunter S. Thompson, gonzo journalist

We have become guinea pigs in a ruthlessly calculated, carefully orchestrated, chillingly cold-blooded experiment in how to control a population and advance a political agenda without much opposition from the citizenry.

This is mind-control in its most sinister form.

With alarming regularity, the nation is being subjected to a spate of violence that terrorizes the public, destabilizes the country, and gives the government greater justifications to crack down, lock down, and institute even more authoritarian policies for the so-called sake of national security without many objections from the citizenry.

Take this latest shooting in Nashville, Tenn.

The 28-year-old shooter (a clearly troubled transgender individual in possession of several military-style weapons) opened fire in a Christian elementary school, killing three children and three adults.

Already, fingers are being pointed and battle lines are being drawn.

Those who want safety at all costs are clamoring for more gun control measures (if not at an outright ban on assault weapons for non-military, non-police personnel), widespread mental health screening of the general population, more threat assessments and behavioral sensing warnings, more CCTV cameras with facial recognition capabilities, more “See Something, Say Something” programs aimed at turning Americans into snitches and spies, more metal detectors and whole-body imaging devices at soft targets, more roaming squads of militarized police empowered to do random bag searches, more fusion centers to centralize and disseminate information to law enforcement agencies, and more surveillance of what Americans say and do, where they go, what they buy and how they spend their time.

This is all part of the Deep State’s master plan.

Ask yourselves: why are we being bombarded with crises, distractions, fake news and reality TV politics? We’re being conditioned like lab mice to subsist on a steady diet of bread-and-circus politics and an endless spate of crises.

Caught up in this “crisis of the now,” the average person has a hard time keeping up with and remembering all of the “events,” manufactured or otherwise, which occur like clockwork in order to keep us distracted, deluded, amused, and insulated from reality.

As investigative journalist Mike Adams points out:

“This psychological bombardment is waged primarily via the mainstream media which assaults the viewer by the hour with images of violence, war, emotions and conflict. Because the human nervous system is hard wired to focus on immediate threats accompanied by depictions of violence, mainstream media viewers have their attention and mental resources funneled into the never-ending ‘crisis of the NOW’ from which they can never have the mental breathing room to apply logic, reason or historical context.”

Professor Jacques Ellul studied this phenomenon of overwhelming news, short memories and the use of propaganda to advance hidden agendas. “One thought drives away another; old facts are chased by new ones,” wrote Ellul.

All the while, the government continues to amass more power and authority over the citizenry.

When we’re being bombarded with wall-to-wall news coverage and news cycles that change every few days, it’s difficult to stay focused on one thing—namely, holding the government accountable to abiding by the rule of law—and the powers-that-be understand this.

Yet as John Lennon reminds us, “nothing is real,” especially not in the world of politics.

In other words, it’s all fake, i.e., manufactured, i.e., manipulated to distort reality.

Much like the fabricated universe in Peter Weir’s 1998 film The Truman Show, in which a man’s life is the basis for an elaborately staged television show aimed at selling products and procuring ratings, the political scene in the United States has devolved over the years into a carefully calibrated exercise in how to manipulate, polarize, propagandize and control a population.

This is the magic of the reality TV programming that passes for politics today.

As long as we are distracted, entertained, occasionally outraged, always polarized but largely uninvolved and content to remain in the viewer’s seat, we’ll never manage to present a unified front against tyranny (or government corruption and ineptitude) in any form.

The more that is beamed at us, the more inclined we are to settle back in our comfy recliners and become passive viewers rather than active participants as unsettling, frightening events unfold.

Reality and fiction merge as everything around us becomes entertainment fodder.

We don’t even have to change the channel when the subject matter becomes too monotonous. That’s taken care of for us by the programmers (the corporate media).

“Living is easy with eyes closed,” says Lennon, and that’s exactly what reality TV that masquerades as American politics programs the citizenry to do: navigate the world with their eyes shut.

As long as we’re viewers, we’ll never be doers.

Studies suggest that the more reality TV people watch—and I would posit that it’s all reality TV, entertainment news included—the more difficult it becomes to distinguish between what is real and what is carefully crafted farce.

“We the people” are watching a lot of TV.

On average, Americans spend five hours a day watching television. By the time we reach age 65, we’re watching more than 50 hours of television a week, and that number increases as we get older. And reality TV programming consistently captures the largest percentage of TV watchers every season by an almost 2-1 ratio.

This doesn’t bode well for a citizenry able to sift through masterfully-produced propaganda in order to think critically about the issues of the day, whether it’s fake news peddled by government agencies or foreign entities.

Those who watch reality shows tend to view what they see as the “norm.” Thus, those who watch shows characterized by lying, aggression and meanness not only come to see such behavior as acceptable and entertaining but also mimic the medium.

This holds true whether the reality programming is about the antics of celebrities in the White House, in the board room, or in the bedroom.

It’s a phenomenon called “humilitainment.”

A term coined by media scholars Brad Waite and Sara Booker, “humilitainment” refers to the tendency for viewers to take pleasure in someone else’s humiliation, suffering and pain.

“Humilitainment” largely explains not only why American TV watchers are so fixated on reality TV programming but how American citizens, largely insulated from what is really happening in the world around them by layers of technology, entertainment, and other distractions, are being programmed to accept the brutality, surveillance and dehumanizing treatment of the American police state as things happening to other people.

The ramifications for the future of civic engagement, political discourse and self-government are incredibly depressing and demoralizing.

This is what happens when an entire nation—bombarded by reality TV programming, government propaganda and entertainment news—becomes systematically desensitized and acclimated to the trappings of a government that operates by fiat and speaks in a language of force.

Ultimately, the reality shows, the entertainment news, the surveillance society, the militarized police, and the political spectacles have one common objective: to keep us divided, distracted, imprisoned, and incapable of taking an active role in the business of self-government.

Look behind the political spectacles, the reality TV theatrics, the sleight-of-hand distractions and diversions, and the stomach-churning, nail-biting drama, and you will find there is a method to the madness.

How do you change the way people think? You start by changing the words they use.

In totalitarian regimes—a.k.a. police states—where conformity and compliance are enforced at the end of a loaded gun, the government dictates what words can and cannot be used.

In countries where the police state hides behind a benevolent mask and disguises itself as tolerance, the citizens censor themselves, policing their words and thoughts to conform to the dictates of the mass mind.

Even when the motives behind this rigidly calibrated reorientation of societal language appear well-intentioned—discouraging racism, condemning violence, denouncing discrimination and hatred—inevitably, the end result is the same: intolerance, indoctrination, infantilism, the chilling of free speech and the demonizing of viewpoints that run counter to the cultural elite.

Labelling something as “fake news” is a masterful way of dismissing truth that may run counter to the ruling power’s own narrative.

As George Orwell recognized, “In times of universal deceit, telling the truth is a revolutionary act.”

Orwell understood only too well the power of language to manipulate the masses. In Orwell’s 1984, Big Brother does away with all undesirable and unnecessary words and meanings, even going so far as to routinely rewrite history and punish “thoughtcrimes.”

In this dystopian vision of the future, the Thought Police serve as the eyes and ears of Big Brother, while the Ministry of Peace deals with war and defense, the Ministry of Plenty deals with economic affairs (rationing and starvation), the Ministry of Love deals with law and order (torture and brainwashing), and the Ministry of Truth deals with news, entertainment, education and art (propaganda). The mottos of Oceania: WAR IS PEACE, FREEDOM IS SLAVERY, and IGNORANCE IS STRENGTH.

Orwell’s Big Brother relied on Newspeak to eliminate undesirable words, strip such words as remained of unorthodox meanings and make independent, non-government-approved thought altogether unnecessary.

Where we stand now is at the juncture of Oldspeak (where words have meanings, and ideas can be dangerous) and Newspeak (where only that which is “safe” and “accepted” by the majority is permitted).

Truth is often lost when we fail to distinguish between opinion and fact, and that is the danger we now face as a society. Anyone who relies exclusively on television/cable news hosts and political commentators for actual knowledge of the world is making a serious mistake.

Unfortunately, since Americans have by and large become non-readers, television has become their prime source of so-called “news.” This reliance on TV news has given rise to such popular news personalities who draw in vast audiences that virtually hang on their every word.

In our media age, these are the new powers-that-be.

Yet while these personalities often dispense the news like preachers used to dispense religion, with power and certainty, they are little more than conduits for propaganda and advertisements delivered in the guise of entertainment and news.

Given the preponderance of news-as-entertainment programming, it’s no wonder that viewers have largely lost the ability to think critically and analytically and differentiate between truth and propaganda, especially when delivered by way of fake news criers and politicians.

The bottom line is simply this: Americans should beware of letting others—whether they be television news hosts, political commentators or media corporations—do their thinking for them.

A populace that cannot think for themselves is a populace with its backs to the walls: mute in the face of elected officials who refuse to represent us, helpless in the face of police brutality, powerless in the face of militarized tactics and technology that treat us like enemy combatants on a battlefield, and naked in the face of government surveillance that sees and hears all.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it’s time to change the channel, tune out the reality TV show, and push back against the real menace of the police state.

If not, if we continue to sit back and lose ourselves in political programming, we will remain a captive audience to a farce that grows more absurd by the minute.

Source: https://bit.ly/3G1cKkZ

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.

Circus Politics Are Intended to Distract Us. Don’t Be Distracted

Posted: March 21, 2023 in Uncategorized
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“There is nothing more dangerous than a government of the many controlled by the few.”—Lawrence Lessig, Harvard law professor

It is easy to be distracted right now by the bread and circus politics that have dominated the news headlines lately, but don’t be distracted.

Don’t be fooled, not even a little.

We’re being subjected to the oldest con game in the books, the magician’s sleight of hand that keeps you focused on the shell game in front of you while your wallet is being picked clean by ruffians in your midst.

This is how tyranny rises and freedom falls.

What characterizes American government today is not so much dysfunctional politics as it is ruthlessly contrived governance carried out behind the entertaining, distracting and disingenuous curtain of political theater. And what political theater it is, diabolically Shakespearean at times, full of sound and fury, yet in the end, signifying nothing.

We are being ruled by a government of scoundrels, spies, thugs, thieves, gangsters, ruffians, rapists, extortionists, bounty hunters, battle-ready warriors and cold-blooded killers who communicate using a language of force and oppression.

The U.S. government now poses the greatest threat to our freedoms.

More than terrorism, more than domestic extremism, more than gun violence and organized crime, even more than the perceived threat posed by any single politician, the U.S. government remains a greater menace to the life, liberty and property of its citizens than any of the so-called dangers from which the government claims to protect us.

No matter who has occupied the White House in recent years, the Deep State has succeeded in keeping the citizenry divided and at each other’s throats.

After all, as long as we’re busy fighting each other, we’ll never manage to present a unified front against tyranny in any form.

Unfortunately, what we are facing is tyranny in every form.

The facts speak for themselves.

We’re being robbed blind by a government of thieves. Americans no longer have any real protection against government agents empowered to seize private property at will. For instance, police agencies under the guise of asset forfeiture laws are taking Americans’ personal property based on little more than a suspicion of criminal activity and keeping it for their own profit and gain. In one case, police seized more than $17,000 in cash from two sisters who were trying to start a dog breeding business. Despite finding no evidence of wrongdoing, police held onto the money for months. Homeowners are losing their homes over unpaid property taxes (as little as $2300 owed) that amount to a fraction of what they have invested in their homes. And then there’s the Drug Enforcement Agency, which has been searching train and airline passengers and pocketing their cash, without ever charging them with a crime.

We’re being taken advantage of by a government of scoundrels, idiots and cowards. Journalist H.L. Mencken calculated that “Congress consists of one-third, more or less, scoundrels; two-thirds, more or less, idiots; and three-thirds, more or less, poltroons.” By and large, Americans seem to agree. When you’ve got government representatives who spend a large chunk of their work hours fundraising, being feted by lobbyists, shuffling through a lucrative revolving door between public service and lobbying, and making themselves available to anyone with enough money to secure access to a congressional office, you’re in the clutches of a corrupt oligarchy. Mind you, these same elected officials rarely read the legislation they’re enacting, nor do they seem capable of enacting much legislation that actually helps the plight of the American citizen. More often than not, the legislation lands the citizenry in worse straits.

We’re being locked up by a government of greedy jailers. We have become a carceral state, spending three times more on our prisons than on our schools and imprisoning close to a quarter of the world’s prisoners, despite the fact that crime is at an all-time low and the U.S. makes up only 5% of the world’s population. The rise of overcriminalization and profit-driven private prisons provides even greater incentives for locking up American citizens for such non-violent “crimes” as having an overgrown lawn. As the Boston Review points out, “America’s contemporary system of policing, courts, imprisonment, and parole … makes money through asset forfeiture, lucrative public contracts from private service providers, and by directly extracting revenue and unpaid labor from populations of color and the poor. In states and municipalities throughout the country, the criminal justice system defrays costs by forcing prisoners and their families to pay for punishment. It also allows private service providers to charge outrageous fees for everyday needs such as telephone calls. As a result people facing even minor criminal charges can easily find themselves trapped in a self-perpetuating cycle of debt, criminalization, and incarceration.”

We’re being spied on by a government of Peeping Toms. The government, along with its corporate partners, is watching everything you do, reading everything you write, listening to everything you say, and monitoring everything you spend. Omnipresent surveillance is paving the way for government programs that profile citizens, document their behavior and attempt to predict what they might do in the future, whether it’s what they might buy, what politician they might support, or what kinds of crimes they might commit. The impact of this far-reaching surveillance, according to Psychology Today, is “reduced trust, increased conformity, and even diminished civic participation.” As technology analyst Jillian C. York concludes, “Mass surveillance without due process—whether undertaken by the government of Bahrain, Russia, the US, or anywhere in between—threatens to stifle and smother that dissent, leaving in its wake a populace cowed by fear.”

We’re being ravaged by a government of ruffians, rapists and killers. It’s not just the police shootings of unarmed citizens that are worrisome. It’s the SWAT team raids gone wrong—more than 80,000 annually—that are leaving innocent citizens wounded, children terrorized and family pets killed. It’s the roadside strip searches—in some cases, cavity searches of men and women alike carried out in full view of the public—in pursuit of drugs that are never found. It’s the potentially lethal—and unwarranted—use of so-called “nonlethal” weapons such as tasers on children for “mouthing off to a police officer. For trying to run from the principal’s office. For, at the age of 12, getting into a fight with another girl.”

We’re being forced to surrender our freedoms—and those of our children—to a government of extortionists, money launderers and professional pirates. The American people have repeatedly been sold a bill of goods about how the government needs more money, more expansive powers, and more secrecy (secret courts, secret budgets, secret military campaigns, secret surveillance) in order to keep us safe. Under the guise of fighting its wars on terror, drugs and now domestic extremism, the government has spent billions in taxpayer dollars on endless wars that have not ended terrorism but merely sown the seeds of blowback, surveillance programs that have caught few terrorists while subjecting all Americans to a surveillance society, and militarized police that have done little to decrease crime while turning communities into warzones. Not surprisingly, the primary ones to benefit from these government exercises in legal money laundering have been the corporations, lobbyists and politicians who inflict them on a trusting public.

We’re being held at gunpoint by a government of soldiers: a standing army. As if it weren’t enough that the American military empire stretches around the globe (and continues to leech much-needed resources from the American economy), the U.S. government is creating its own standing army of militarized police and teams of weaponized, federal bureaucrats. These civilian employees are being armed to the hilt with guns, ammunition and military-style equipment; authorized to make arrests; and trained in military tactics. Among the agencies being supplied with night-vision equipment, body armor, hollow-point bullets, shotguns, drones, assault rifles and LP gas cannons are the Smithsonian, U.S. Mint, Health and Human Services, IRS, FDA, Small Business Administration, Social Security Administration, National Oceanic and Atmospheric Administration, Education Department, Energy Department, Bureau of Engraving and Printing and an assortment of public universities. There are now reportedly more bureaucratic (non-military) government civilians armed with high-tech, deadly weapons than U.S. Marines. That doesn’t even begin to touch on the government’s arsenal, the transformation of local police into extensions of the military, and the speed with which the nation could be locked down under martial law depending on the circumstances.

Whatever else it may be—a danger, a menace, a threat—the U.S. government is certainly no friend to freedom.

To our detriment, the criminal class that Mark Twain mockingly referred to as Congress has since expanded to include every government agency that feeds off the carcass of our once-constitutional republic.

The government and its cohorts have conspired to ensure that the only real recourse the American people have to hold the government accountable or express their displeasure with the government is through voting, which is no real recourse at all.

Consider it: the penalties for civil disobedience, whistleblowing and rebellion are severe. If you refuse to pay taxes for government programs you believe to be immoral or illegal, you will go to jail. If you attempt to overthrow the government—or any agency thereof—because you believe it has overstepped its reach, you will go to jail. If you attempt to blow the whistle on government misconduct, you will go to jail. In some circumstances, if you even attempt to approach your elected representative to voice your discontent, you can be arrested and jailed.

You cannot have a republican form of government—nor a democratic one, for that matter—when the government views itself as superior to the citizenry, when it no longer operates for the benefit of the people, when the people are no longer able to peacefully reform their government, when government officials cease to act like public servants, when elected officials no longer represent the will of the people, when the government routinely violates the rights of the people and perpetrates more violence against the citizenry than the criminal class, when government spending is unaccountable and unaccounted for, when the judiciary act as courts of order rather than justice, and when the government is no longer bound by the laws of the Constitution.

We no longer have a government “of the people, by the people and for the people.”

Rather, what we have is a government of wolves.

For too long, the American people have obeyed the government’s dictates, no matter now unjust.

We have paid its taxes, penalties and fines, no matter how outrageous. We have tolerated its indignities, insults and abuses, no matter how egregious. We have turned a blind eye to its indiscretions and incompetence, no matter how imprudent. We have held our silence in the face of its lawlessness, licentiousness and corruption, no matter how illicit.

How long we will continue to suffer depends on how much we’re willing to give up for the sake of freedom.

For the moment, the American people seem content to sit back and watch the reality TV programming that passes for politics today. It’s the modern-day equivalent of bread and circuses, a carefully calibrated exercise in how to manipulate, polarize, propagandize and control a population.

As French philosopher Etienne de La Boétie observed half a millennium ago:

“Plays, farces, spectacles, gladiators, strange beasts, medals, pictures, and other such opiates, these were for ancient peoples the bait toward slavery, the price of their liberty, the instruments of tyranny. By these practices and enticements the ancient dictators so successfully lulled their subjects under the yoke, that the stupefied peoples, fascinated by the pastimes and vain pleasures flashed before their eyes, learned subservience as naively, but not so creditably, as little children learn to read by looking at bright picture books.”

The bait towards slavery. The price of liberty. The instruments of tyranny.

Yes, that sounds about right.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, “We the people” have learned only too well how to be slaves.

Source: https://bit.ly/3Z5UOvW

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.

First, They Spied on Protesters. Then Churches. You’re Next

Posted: March 15, 2023 in Uncategorized
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“I know the capability that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.”—Senator Frank Church on Meet The Press, 1975

If you give the government an inch, it will always take a mile.

This is how the slippery slope to all-out persecution starts.

Martin Niemöller’s warning about the widening net that ensnares us all, a warning issued in response to the threat posed by Nazi Germany’s fascist regime, still applies.

“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.”

This particular slippery slope has to do with the government’s use of geofence technology, which uses cell phone location data to identify people who are in a particular area at any given time.

First, police began using geofence warrants to carry out dragnet sweeps of individuals near a crime scene.

Then the FBI used geofence warrants to identify individuals who were in the vicinity of the Capitol on Jan. 6, 2021.

It wasn’t long before government officials in California used cell phone and geofence data to track the number and movements of churchgoers on church grounds during the COVID-19 lockdowns.

If we’ve already reached the point where people praying and gathering on church grounds merits this level of government scrutiny and sanctions, we’re not too far from free-falling into a total surveillance state.

Dragnet geofence surveillance sweeps can and eventually will be used to target as a suspect every person in any given place at any given time and sweep them up into a never-ending virtual line-up in the hopes of matching a criminal to every crime.

There really can be no overstating the danger.

The government’s efforts to round up those who took part in the Jan. 6 Capitol protests provided a glimpse of exactly how vulnerable we all are to the menace of a surveillance state that aspires to a God-like awareness of our lives.

Relying on selfies, social media posts, location data, geotagged photos, facial recognition, surveillance cameras and crowdsourcing, government agents compiled a massive data trove on anyone and everyone who may have been anywhere in the vicinity of the Capitol on January 6, 2021.

Included in that data roundup were individuals who may have had nothing to do with the protests but whose cell phone location data identified them as being in the wrong place at the wrong time.

You didn’t even have to be involved in the Capitol protests to qualify for a visit from the FBI: investigators reportedly tracked—and questioned—anyone whose cell phones connected to wi-fi or pinged cell phone towers near the Capitol.

One man, who had gone out for a walk with his daughters only to end up stranded near the Capitol crowds, actually had FBI agents show up at his door days later. Using Google Maps, agents were able to pinpoint exactly where they were standing and for how long.

The massive amount of surveillance data available to the government is staggering.

As investigative journalists Charlie Warzel and Stuart A. Thompson explain, “This [surveillance] data…provide[s] an intimate record of people whether they were visiting drug treatment centers, strip clubs, casinos, abortion clinics or places of worship.”

In such a surveillance ecosystem, we’re all suspects and databits to be tracked, catalogued and targeted.

Forget about being innocent until proven guilty.

Although the Constitution requires the government to provide solid proof of criminal activity before it can deprive a citizen of life or liberty, the government has turned that fundamental assurance of due process on its head.

Now, thanks to the digital trails and digital footprints we all leave behind, you start off guilty and have to prove your innocence.

In an age of overcriminalization, when the average American unknowingly commits at least three crimes a day, there is no one who would be spared.

The ramifications of empowering the government to sidestep fundamental due process safeguards are so chilling and so far-reaching as to put a target on the back of anyone who happens to be in the same place where a crime takes place.

As Warzel and Thompson warn:

“To think that the information will be used against individuals only if they’ve broken the law is naïve; such data is collected and remains vulnerable to use and abuse whether people gather in support of an insurrection or they justly protest police violence… This collection will only grow more sophisticated… It gets easier by the day… it does not discriminate. It harvests from the phones of MAGA rioters, police officers, lawmakers and passers-by. There is no evidence, from the past or current day, that the power this data collection offers will be used only to good ends. There is no evidence that if we allow it to continue to happen, the country will be safer or fairer.”

Saint or sinner, it doesn’t matter because we’re all being swept up into a massive digital data dragnet that does not distinguish between those who are innocent of wrongdoing, suspects, or criminals.

Case in point: consider what happened to Calvary Chapel during COVID-19.

Government officials in Santa Clara County, Calif., issued a shelter-in-place order in March 2020, dictating whom residents could see, where they could go, what they could do, and under what circumstances.

County officials imposed even harsher restrictions on churches, accompanied by the threat of crippling fines for those that did not comply with the lockdown orders.

Then Santa Clara officials reportedly used geofence surveillance technology to monitor the concentrations of congregants at Calvary Chapel during the COVID-19 lockdowns in 2020 and 2021, using their findings to justify levying nearly $3 million in public health fines against the church for violating the county’s strict pandemic restrictions.

Despite the U.S. Supreme Court’s ruling that similar restrictions unconstitutionally singled out houses of worship for especially harsh treatment and “struck “at the very heart of the First Amendment’s guarantee of religious liberty,” county officials have sought to collect millions of dollars in fines levied against churches, including Calvary Chapel, for violating the county’s mandates.

At a minimum, the use of geofence surveillance to monitor church attendees constitutes an egregious violation of the churchgoers’ Fourth Amendment rights and an attempt to undermine protected First Amendment activities relating to the freedom of speech, the free exercise of religion, and the right of the people peaceably to assemble.

Still, the government’s use of geofence surveillance goes way beyond its impact on church members and anyone in the vicinity of the Jan. 6 protests.

The ramifications for all of us are far-reaching.

Mass surveillance has been shown to chill lawful First Amendment activities, and historically has been used to stifle dissent, persecute activists, and harass marginalized communities.

A study conducted by Roger Clarke, the famed Australian specialist in data surveillance and privacy, indicates that the costs resulting from the erosion of personal privacy are so significant that they essentially threaten the very foundation of a democratic society.

Some of the most serious harms include:

  • A prevailing climate of suspicion and adversarial relationships
  • Inequitable application of the law
  • Stultification of originality
  • Weakening of society’s moral fiber and cohesion
  • Repressive potential for a totalitarian government
  • Blacklisting
  • Ex-ante discrimination and guilt prediction
  • Inversion of the onus of proof.

In other words, the chilling effects of pervasive surveillance give rise to a constant, justifiable fear in even the most compliant, law-abiding citizen.

Of course, that’s the point.

The government wants us muzzled, complacent and compliant.

So far, it’s working.

Americans are increasingly self-censoring and marching in lockstep with the government’s (and corporate America’s) dictates, whether out of fear or indoctrination, or a combination.

In the meantime, the use of geofence warrants continues to be debated in the legislatures and challenged in the courts. For instance, while a California court found that a broad geofence search warrant violated the Fourth Amendment, a federal district judge for the District of Columbia upheld the use of geofence warrants by police in connection with the events of Jan. 6.

No matter how the courts rule, however, one thing is clear: these dragnet geofence searches are well on their way to becoming the eyes and ears of a police state that views each and every one of us as a potential suspect, terrorist and lawbreaker.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is how technologies purportedly adopted to rout out dangerous criminals in our midst are used to conquer a free people.

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

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.

The Right to Be Let Alone: When the Government Wants to Know All Your Business

Posted: March 7, 2023 in Uncategorized
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“Experience teaches us to be most on our guard to protect liberty when the government’s purposes are beneficent.”—Supreme Court Justice Louis D. Brandeis

There was a time when the census was just a head count.

That is no longer the case.

The American Community Survey (ACS), sent to about 3.5 million homes every year, is the byproduct of a government that believes it has the right to know all of your personal business.

If you haven’t already received an ACS, it’s just a matter of time.

A far cry from the traditional census, which is limited to ascertaining the number of persons living in each dwelling, their ages and ethnicities, the ownership of the dwelling and telephone numbers, the ACS contains some of the most detailed and intrusive questions ever put forth in a census questionnaire.

At 28 pages (with an additional 16-page instruction packet), these questions concern matters that the government simply has no business knowing, including questions relating to respondents’ bathing habits, home utility costs, fertility, marital history, work commute, mortgage, and health insurance, among other highly personal and private matters.

For instance, the ACS asks how many persons live in your home, along with their names and detailed information about them such as their relationship to you, marital status, race and their physical, mental and emotional problems, etc. The survey also asks how many bedrooms and bathrooms you have in your house, along with the fuel used to heat your home, the cost of electricity, what type of mortgage you have and monthly mortgage payments, property taxes and so on.

And then the survey drills down even deeper.

The survey demands to know how many days you were sick last year, how many automobiles you own and the number of miles driven, whether you have trouble getting up the stairs, and what time you leave for work every morning, along with highly detailed inquiries about your financial affairs. And the survey demands that you violate the privacy of others by supplying the names and addresses of your friends, relatives and employer.

The questionnaire also demands that you give other information on the people in your home, such as their educational levels, how many years of school were completed, what languages they speak and when they last worked at a job, among other things.

Individuals who receive the ACS must complete it or be subject to monetary penalties.

Although no reports have surfaced of individuals actually being penalized for refusing to answer the survey, the potential fines that can be levied for refusing to participate in the ACS are staggering. For every question not answered, there is a $100 fine. And for every intentionally false response to a question, the fine is $500. Therefore, if a person representing a two-person household refused to fill out any questions or simply answered nonsensically, the total fines could range from upwards of $10,000 and $50,000 for noncompliance.

While some of the ACS’ questions may seem fairly routine, the real danger is in not knowing why the information is needed, how it will be used by the government or with whom it will be shared.

In an age when the government has significant technological resources at its disposal to not only carry out warrantless surveillance on American citizens but also to harvest and mine that data for its own dubious purposes, whether it be crime-mapping or profiling based on whatever criteria the government wants to use to target and segregate the populace, the potential for abuse is grave.

As such, the ACS qualifies as a government program whose purpose, while sold to the public as routine and benign, raises significant constitutional concerns.

The Rutherford Institute has received hundreds of inquiries from individuals who have received the ACS and are not comfortable sharing such private, intimate details with the government or are unsettled by the aggressive tactics utilized by Census Bureau agents seeking to compel responses to ACS questions.

The following Q&A is provided as a resource to those who want to better understand their rights in respect to the ACS.

Q:  What kind of questions are contained in the ACS?

A:  The ACS contains questions that go far beyond typical census questions about the number of individuals within the household and their age, race, and sex. The survey combines intrusive questions with highly detailed inquiries about your financial affairs. Furthermore, the questionnaire also demands that recipients provide information about their family and other  people in their home, such as their educational levels, how many years of school were completed, what languages they speak, when they last worked at a job, and when occupants of your home are away from the house.

Q:  How will this information be used?

A:  The Census Bureau states that information from this survey is used to assist a wide variety of entities, from federal, state and local governments to private corporations, nonprofit organizations, researchers and public advocacy groups. The Bureau lists 35 different categories of questions on its website and offers an explanation on how the information is to be used.  For 12 of those categories, the information is used to assist private corporations.  For another 22, the information is used to aid advocacy groups, and in nine of those cases, the Census Bureau states that the responses will be used by advocacy groups to “advocate for policies that benefit their groups,” including advocacy based on age, race, sex, and marital status. Thus, information obtained through the ACS is not simply used to inform government policy in a neutral manner, but is also being provided to private actors for the purpose of promoting corporate and/or political agendas.

One concern raised by the Brookings Institute is the use of ACS information by law enforcement for  “crime mapping,” a surveillance tool used to predict crime and preemptively target certain neighborhoods for policing. It is “most effective” when “analysts can see the relationship between various types of criminal incidents (e.g., homicides, drug dealing) and neighborhood characteristics (risk factors such as poverty, population density, and vacant housing), pinpoint where crimes are most likely to occur (hot spots), and focus police resources accordingly.” The Brookings Institute notes that because the ACS provides data every year, rather than every ten years, crime mapping is more effective and cheaper.

Q:  Are my responses kept confidential?

A:  While the Census Bureau claims that an individual’s information will be kept strictly confidential, it does require a recipient to put their name on the survey, ostensibly for the purpose of asking follow-up questions in the event of missing or incomplete answers. This means your answers could be linked to you even if it is forbidden by law to share your individual responses.

Q:  Am I required by law to fully complete the American Community Survey?

A:  Federal law makes it mandatory to answer all questions on the ACS. A refusal to answer any question on the ACS or giving an intentionally false answer is a federal offense. The Census Bureau also maintains that responding to the ACS is mandatory and that recipients are legally obligated to answer all questions.

Q:  Is there a penalty for refusing to answer American Community Survey questions?

A:  The law requiring answers to the ACS also provides that a person who fails to answer “shall be fined not more than $100.” The actual fine for a refusal to complete the ACS could be much greater because a failure to respond to certain ACS questions could be considered a separate offense subject to the $100 fine.

Q:  Has the government prosecuted persons for refusing to answer the American Community Survey?

A:  While The Rutherford Institute has been made aware of Census Bureau agents engaging in harassing tactics and threatening behavior, to date, we are unaware of the Census Bureau having levied any financial penalties for non-compliance with the ACS. However, a refusal to answer the survey violates the letter of the law and a prosecution might be brought if the government decides to adopt a policy to do so.

Q:  How does the Census Bureau typically ensure that people complete the survey?

A:  Those who do not answer the ACS risk repeated overtures—by mail, by phone and in person—from Census Bureau employees seeking to compel a response. Typically, the Census Bureau will telephone those who do not respond to the survey and may visit their homes to coerce the targets to respond.

The Census Bureau boasts a 97% response rate to the survey via these methods, but critics argue this constitutes harassment. One recipient who did complete the survey but whose answers were misplaced by the Census Bureau wrote about his experience. First, a Census Bureau employee left a note at his apartment asking him to contact her. When he did, the employee asked him to allow her into his home. When he refused, the employee “turned up twice unannounced at my apartment, demanding entry, and warning me of the fines I would face if I didn’t cooperate.” Only after he filed a complaint with the Census Bureau did the agency realize he had actually completed the survey, thus ending its attempts to enter his home.

Q:  Is this an unconstitutional invasion of privacy?

A:  There are significant and legitimate questions concerning the authority of the government to require, under threat of prosecution and penalty, that persons answer questions posed by the ACS. The ACS is not part of the enumeration required by Article I of the Constitution, and that constitutional provision only applies to a census for purposes of counting the number of people in each state. As noted, the ACS seeks much more information than the number of persons in a household.

In other contexts, the U.S. Supreme Court has ruled that citizens have no obligation to answer questions posed by the government and are free to refuse to do so. This same principle could apply to questions posed by ACS agents.  However, because the government has not brought a prosecution for a refusal to respond to the ACS, the question of a person’s right to refuse has not yet been decided by a court.

Q:  What are my options for objecting to the ACS survey as an intrusion on my Fourth Amendment rights?

A:  If you receive notice that you have been targeted to respond to the ACS and you desire to assert your right of privacy, you can voice those objections and your intent not to respond to the ACS by writing a letter to the Census Bureau. The Rutherford Institute has developed a form letter that you may use in standing up against the government’s attempt to force you to disclose personal information.

If you are contacted by Census Bureau employees, either by telephone or in person, demanding your response, you can assert your rights by politely, but firmly, informing the employee that you believe the ACS is an improper invasion of your privacy, that you do not intend to respond and that they should not attempt to contact you again. Be sure to document any interactions you have with Bureau representatives for your own files.

If you believe you are being unduly harassed by a Census Bureau employee, either by telephone or in person, it is in your best interest to carefully document the time, place and manner of the incidents and file a complaint with the U.S. Census Bureau.

Remember, nothing is ever as simple or as straightforward as the government claims.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, any attempt by the government to encroach upon the citizenry’s privacy rights or establish a system by which the populace can be targeted, tracked and singled out must be met with extreme caution.

While government agents can approach, speak to and even question citizens without violating the Fourth Amendment, Americans should jealously guard what Supreme Court Justice Louis Brandeis referred to as the constitutional “right to be let alone.”

Source: https://bit.ly/3Zs1Psd

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.