John W. Whitehead, Constitutional Attorney

DALLAS, Texas—Constitutional attorney John W. Whitehead will appear on a special broadcast of “Glenn Beck Live” on April 9, 2015, to debut his forthcoming book Battlefield America: The War on the American People (due out on April 14) and discuss the constitutional crisis plaguing the nation. Whitehead, who serves as the president of The Rutherford Institute, will also be discussing some of the cases the Institute has handled in recent years which reflect the growing tension over the government’s refusal to respect the rights of the citizenry and abide by the rule of law.

In Battlefield America: The War on the American People, (the follow-up to his award-winning book A Government of Wolves: The Emerging American Police State) , Whitehead paints a terrifying portrait of a nation at war with itself and which is on the verge of undermining the basic freedoms guaranteed to the citizenry in the Constitution. Making the case that the government’s policies are dictated more by paranoia, power and control than need, Whitehead warns that it doesn’t really matter whether it’s a Democrat or a Republican at the helm, because the bureaucratic mindset on both sides of the aisle now seems to embody the same philosophy that has become the driving force behind the American police state.

“The outlook for civil liberties grows bleaker by the day, from the government’s embrace of indefinite detention for US citizens and armed surveillance drones flying overhead to warrantless surveillance of phone, email and Internet communications, and prosecutions of government whistle-blowers,” writes Whitehead. “The homeland is ruled by a police-industrial complex, an extension of the American military empire. Everything that our founding fathers warned against is now the new norm. The government has trained its sights on the American people. We have become the enemy.”

The shocking abuses of power revealed in Battlefield America have rendered Americans:

●Helpless in the face of militarized police (SWAT team raids, police shootings, roadside strip searches, asset forfeiture, 1033 programs) and routine invasions of privacy
●Vulnerable to government surveillance (Stingray devices, fusion centers, USA Patriot Act)
●Defenseless against absurd laws that have them arrested for letting their kids play at a park unsupervised, collecting rainwater and snow runoff on their own property, and growing vegetables in their yard (overcriminalization, National Defense Authorization Act, private prisons)

No matter how dire the outlook appears, Whitehead insists that all is not lost. The freedoms which Americans often take for granted were hard won through the sheer determination, suffering and sacrifice of thousands of patriotic Americans who not only believed in the cause of liberty but also acted on that belief. American colonists suffered under Great Britain’s version of an early police state, with armed soldiers crashing through doors to arrest and imprison citizens merely for criticizing government officials. They too were watched all the time, and were stopped and frisked if they appeared even a little bit suspicious. It was only when the colonists finally got fed up with being silenced, censored, searched, frisked, threatened, and arrested that they finally revolted against the tyrant’s fetters.

Battlefield America is drawing praise on all fronts from presidential contender Ron Paul (who also wrote the introduction), Judge Andrew Napolitano, former ACLU president Nadine Strossen and syndicated columnists Paul Craig Roberts, Lew Rockwell and Nat Hentoff.

This press release is also available at http://www.rutherford.org.

“The greatness of America lies in the right to protest for right.”—Martin Luther King Jr.

Everything this nation once stood for is being turned on its head.

Free speech, religious expression, privacy, due process, bodily integrity, the sanctity of human life, the sovereignty of the family, individuality, the right to self-defense, protection against police abuses, representative government, private property, human rights—the very ideals that once made this nation great—have become casualties of a politically correct, misguided, materialistic, amoral, militaristic culture.

Indeed, I’m having a hard time reconciling the America I know and love with the America being depicted in the daily news headlines, where corruption, cronyism and abuse have taken precedence over the rights of the citizenry and the rule of law.

What kind of country do we live in where it’s acceptable for police to shoot unarmed citizens, for homeowners to be jailed for having overgrown lawns (a Texas homeowner was actually sentenced to 17 days in jail and fined $1700 for having an overgrown lawn), for kids to be tasered and pepper sprayed for acting like kids at school (many are left with health problems ranging from comas and asthma to cardiac arrest), and for local governments to rake in hefty profits under the guise of traffic safety (NPR reports that police departments across the country continue to require quotas for arrests and tickets, a practice that is illegal but in effect)?

Why should we Americans have to put up with the government listening in on our phone calls, spying on our emails, subjecting us to roadside strip searches, and generally holding our freedoms hostage in exchange for some phantom promises of security?

As I document in my new book Battlefield America: The War on the American People, it doesn’t matter where you live—big city or small town—it’s the same scenario being played out over and over again in which government agents ride roughshod over the rights of the citizenry.

In such an environment, it’s not just our Fourth Amendment rights—which protect us against police abuses—that are being trampled. It’s also our First Amendment rights to even voice concern over these practices that are being muzzled. Just consider some of the First Amendment battles that have taken place in recent years, and you too will find yourself wondering what country you’re living in:

• Harold Hodge was arrested for standing silently in front of the U.S. Supreme Court building, holding a sign in protest of police tactics.
• Marine Brandon Raub was arrested for criticizing the government on Facebook.
• Pastor Michael Salman was arrested for holding Bible studies in his home.
• Steven Howards was arrested for being too close to a government official when he voiced his disapproval of the war in Iraq.
• Kenneth Webber was fired from his job as a schoolbus driver for displaying a Confederate flag on the truck he uses to drive from home to school and back.
• Fred Marlow was arrested for filming a SWAT team raid that took place across from his apartment.

And then there were the three California high school public school students who were ordered to turn their American flag t-shirts inside out on May 5 (Cinco de Mayo) because school officials were afraid it might cause a disruption and/or offend Hispanic students. Incredibly, the U.S. Supreme Court actually sided with the school and the Ninth Circuit Court of Appeals, affirming that it might be disruptive for American students to wear the American flag to an American public school.

While there are all kinds of labels being put on so-called “unacceptable” speech today, from calling it politically incorrect and hate speech to offensive and dangerous speech, the real message being conveyed is that Americans don’t have a right to express themselves if what they are saying is unpopular, controversial or at odds with what the government determines to be acceptable.

Whether it’s through the use of so-called “free speech zones,” the requirement of speech permits, the policing of online forums, or a litany of laws and policies that criminalize expressive activities, what we’re seeing is the caging of free speech and the asphyxiation of the First Amendment.

Long before the menace of the police state, with its roadside strip searches, surveillance drones, and SWAT team raids, it was our First Amendment rights that were being battered by political correctness, hate crime legislation, the war on terror and every other thinly veiled rationale used to justify censoring our free speech rights.

By suppressing free speech, the government is contributing to a growing underclass of Americans who are being told that they can’t take part in American public life unless they “fit in.” Mind you, it won’t be long before anyone who believes in holding the government accountable to respecting our rights and abiding by the rule of law is labeled an “extremist” and is relegated to an underclass that doesn’t fit in and must be watched all the time.

It doesn’t matter how much money you make, what politics you subscribe to, or what God you worship: we are all potential suspects, terrorists and lawbreakers in the eyes of the government.

In other words, if and when this nation falls to tyranny, we will all suffer the same fate: we will fall together. However, if it is possible to avert such an outcome, it will rest in us remembering that we are also all descendants of those early American revolutionaries who pushed back against the abuses of the British government. These people were neither career politicians nor government bureaucrats. Instead, they were mechanics, merchants, artisans and the like—ordinary people groaning under the weight of Britain’s oppressive rule—who, having reached a breaking point, had decided that enough was enough.

The colonists’ treatment at the hands of the British was not much different from the abuses meted out to the American people today: they too were taxed on everything from food to labor without any real say in the matter, in addition to which they had their homes invaded by armed government agents, their property seized and searched, their families terrorized, their communications, associations and activities monitored, and their attempts to defend themselves and challenge the government’s abuses dismissed as belligerence, treachery, and sedition.

Unlike most Americans today, who remain ignorant of the government’s abuses, cheerfully distracted by the entertainment spectacles trotted out before them by a complicit media, readily persuaded that the government has their best interests at heart, and easily cowed by the slightest show of force, the colonists responded to the government’s abuses with outrage, activism and rebellion. They staged boycotts of British goods and organized public protests, mass meetings, parades, bonfires and other demonstrations, culminating with their most famous act of resistance, the Boston Tea Party.

On the night of December 16, 1773, a group of men dressed as Indians boarded three ships that were carrying tea. Cheered on by a crowd along the shore, they threw 342 chests of tea overboard in protest of a tax on the tea. Many American merchants were aghast at the wanton destruction of property. A town meeting in Bristol, Massachusetts, condemned the action. Ben Franklin even called on his native city to pay for the tea and apologize. But as historian Pauline Maier notes, the Boston Tea Party was a last resort for a group of people who had stated their peaceful demands but were rebuffed by the British: “The tea resistance constituted a model of justified forceful resistance upon traditional criteria.”

The rest, as they say, is history. Yet it’s a history we cannot afford to forget or allow to be rewritten.

The colonists suffered under the weight of countless tyrannies before they finally were emboldened to stand their ground. They attempted to reason with the British crown, to plea their cause, even to negotiate. It was only when these means proved futile that they resorted to outright resistance, civil disobedience and eventually rebellion.

More than 200 years later, we are once again suffering under a long train of abuses and usurpations. What Americans today must decide is how committed they are to the cause of freedom and how far they’re willing to go to restore what has been lost.

Nat Hentoff, one of my dearest friends and a formidable champion of the Constitution, has long advocated for the resurgence of grassroots activism. As Nat noted:

This resistance to arrant tyranny first became part of our heritage when Samuel Adams and the Sons of Liberty formed the original Committees of Correspondence, a unifying source of news of British tyranny throughout the colonies that became a precipitating cause of the American Revolution. Where are the Sons of Liberty, the Committees of Correspondence and the insistently courageous city councils now, when they are crucially needed to bring back the Bill of Rights that protect every American against government tyranny worse than King George III’s? Where are the citizens demanding that these doorways to liberty be opened … What are we waiting for?

What are we waiting for, indeed?

NOW PLAYING: All throughout America the same scenario is being played out over and over again. Government agents, hyped up on their own authority and the power of their uniform, are trampling over the rights of the citizenry. In turn, argues John W. Whitehead in this week’s vodcast, Americans are being brainwashed into believing that anyone who wears a government uniform—soldier, police officer, prison guard—must be obeyed without question.

WATCH IT NOW:

March 30, 2015

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

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

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

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

CASE HISTORY

03/12/2015 • Rutherford Institute Asks U.S. Supreme Court to Reject Politically Correct Censorship, Protect Right of Students to Wear American Flag T-Shirts to School

12/15/2014 • Rutherford Institute Asks U.S. Supreme Court to Reject Politically Correct Censorship, Protect Right of Students to Wear American Flag T-Shirts to School

09/19/2014 • Ninth Circuit Stands by Its Ruling That It Is Unsafe for California Students to Wear American Flag T-Shirts to School

03/13/2014 • Rutherford Institute Asks Ninth Circuit to Reconsider Its Ruling Declaring It Unsafe for California Students to Wear American Flag T-Shirts to School

LEGAL ACTION

Click here to read The Rutherford Institute’s reply brief in Dariano v. Morgan Hill Click here to read The Rutherford Institute’s petition for certiorari in Dariano v. Morgan Hill Click here to read The Ninth Circuit’s order in Dariano v. Morgan Hill Unif. Sch. Dist. Click here to read The Rutherford Institute’s petition for rehearing in Dariano et al. v. Morgan Hill Unif. Sch. Dist. Click here to read the opinion of the U.S. Court of Appeals for the Ninth Circuit in Dariano et al. v. Morgan Hill Unif. Sch. Dist.

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

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

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

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

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

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

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

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