John W. Whitehead, Constitutional Attorney

“I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today: my own government. For the sake of those boys, for the sake of this government, for the sake of the hundreds of thousands trembling under our violence, I cannot be silent.”—Martin Luther King Jr.

The latest shootings—in Texas, Minnesota, Louisiana, Illinois, New York, Missouri and every other state in the nation—are symptomatic of a psychotic outbreak by a nation that has been waging a war against its own citizens for too long.

We have long since passed the stage at which a government of wolves would give rise to a nation of sheep. As I point out in my book Battlefield America: The War on the American People, what we now have is a government of psychopaths that is actively breeding a nation of psychopathic killers.

We’re getting distracted, people.

Instead of focusing our ire on the architects of the American police state, who are responsible for turning the streets into mini-war zones, we’re getting distracted by the many voices eager to play the blame game by pointing their fingers at someone else.

Police groups are blaming President Obama and the Justice Department for failing to prosecute “cop killers.” Texas Republicans are blaming the Black Lives Matter movement for fomenting a “war on cops” mindset. Gun control advocates are blaming “gun lovers and their mouthpieces at the National Rifle Association” for America’s gun violence, reasoning that if all Americans were unarmed, police would not have to treat them as potential threats.

News outlets such as Rolling Stone and Mother Jones have concluded that racial bias is to blame for the “disproportionately high number of African-Americans among police shooting victims.” The Drug Enforcement Administration has suggested that illegal steroid use could be responsible for “police officers who exhibit rage, aggression and/or poor judgment (all symptoms of possible steroid abuse) in confrontations with citizens.”

Human Rights Watch blames police misconduct and excessive use of force on a systemic lack of accountability within law enforcement agencies and the criminal justice system. And civil rights advocates are blaming police militarization and the abundance of laws (overcriminalization) pushed by lawmakers for the nation’s over-policing, over-jailing and over-killing.

Yet in the midst of all this finger pointing, no one is stepping forward to take responsibility for the violence that is tearing the nation apart, deepening racial tensions, heightening police tensions, justifying all manner of civil liberties abuses, and pushing us ever closer to a state of lockdown.

Shame on President Obama for not taking personal responsibility for the blowback resulting from America’s endless wars abroad, the militarization of local police, and the ramifications of allowing police to use battlefield equipment such as drones, assault weapons, tanks, etc. How telling that the first domestic killing of an American citizen by a drone (in this case, a bomb-equipped police robot) should be carried out during the final term of a president whose targeted drone killings abroad have resulted in the deaths of thousands of innocent civilians.

Shame on Congress and the countless federal and state policy-making bodies for not taking responsibility for the overabundance of laws that have turned law-abiding citizens into criminals and police into the inflexible enforcers of a legal code that benefits the corporate elite at the expense of the working classes.

Shame on Corporate America, particularly the military industrial complex, for not taking responsibility for having militarized America’s police forces and subjected its citizenry to the tyranny of a heavily armed police state.

Shame on the various government agencies, from the FDA and Social Security Administration to the Department of Education, for not taking responsibility for ratcheting up tensions by using military firepower to advance their bureaucratic agendas.

Shame on Republicans and Democrats for not taking responsibility for having sidelined legitimate matters of concern such as police misconduct in favor of party politics and campaign contributions from special interest groups and unions.

Shame on the courts for not taking responsibility for allowing government agents to hide behind the shield of qualified immunity, rather than being held accountable for their actions.

Shame on law enforcement agencies for advancing the notion that the lives—and rights—of police should be valued more than citizens. Shame on them for not taking responsibility for allowing blind allegiance to the so-called “thin, blue line” to trump the constitutional rights afforded to every American equally.

Shame on communities for not taking responsibility for using SWAT teams that are armed to the teeth and ready for action to deliver mere search warrants, terrorizing and killing American citizens.

Shame on those who embrace violence as an answer to what ails America for not taking responsibility for their part in contributing to an environment that is growing increasingly tense with every new shooting. It’s a vicious cycle in which the police are becoming more hypersensitive, twitchy and quick to shoot at the slightest provocation, and the populace is growing more fearful, outraged and unconvinced that if they “just obey,” all will be fine.

Shame on the religious community for not taking responsibility for its deafening silence in the face of what can only be termed evil, despite its historic lineage of dissenters such as Jesus, Gandhi, Martin Luther King Jr. who dared to speak truth to power.

Shame on white Americans, black Americans, brown Americans and every other skin tone in between for not taking responsibility for their part in allowing racism, prejudice and bigotry to dictate justice in America.

And shame on so-called “patriotic” Americans who equate good citizenship with blind obedience to government authority and adulation of the military for not taking responsibility for holding their government officials accountable to the nation’s founding principles. Remember, “we the people” were entrusted with the power to make and unmake the government whenever it ran afoul of its primary purpose, which is to protect our lives, freedoms and property.

Clearly, there’s more than enough blame to go around, but the real question is what can “we the people” do about it? What can average Americans do to stay alive and counter the violence being inflicted on our communities? What can you do to push back against the power of the police state?

For starters, let’s all agree that violence can never be the answer. Violence will only give rise to more violence.

Stop buying into the “us vs. them” rhetoric being pushed by politicians, police unions and those who use the race card as a justification for bloodshed. No matter what color your skin is, what politics you subscribe to, how much money you’ve got, whom you love, where you live, whom you worship, what school you attend, where you work, or any other superficial label that is used to divide us: we all bleed red.

Put your prejudices behind you and stop dealing in stereotypes. Not all police are bloodthirsty. Not all young black men are thugs. Not all people who challenge government authority want anarchy.

In a police state, you’re either the one with your hand on the trigger or you’re staring down the barrel of a loaded down. In other words, we’re all in this together. The oppression and injustice—be it in the form of shootings, surveillance, fines, asset forfeiture, prison terms, roadside searches, etc.—will come to all of us eventually.

Stop allowing yourself the luxury of distraction and the sin of neutrality. These things happen—the madness and the mayhem—because good people stood by and did nothing.

The only real power we have to push back against the police state is as a unified body.

So what can you do on a practical level?

For starters, find common ground on the issue of gun control, especially as it pertains to government agents. Demilitarize the police. It’s worked in other countries.

Demand that police be held financially responsible for official misconduct.

Put your taxpayer dollars to work for you instead of against you for a change. Tell your elected representatives to stop investing in militarization, wars and weaponry that will only be used against you eventually. Instead, apply the same funds being wasted on endless wars abroad on badly needed infrastructure here at home. By putting more Americans to work rebuilding our communities and our economy, we’ll also strike at the heart of the poverty that drives crime.

Get informed about the workings of government. Get outraged about the corruption that has rotted our republic from the core. Get vocal about the need for transparency, accountability and reform. There are so many issues in need of attention. Pick just one to start with and raise hell about it. For instance, why has the government been spending three times more on jails and prisons than schools for the past 30 years?

Finally, take it upon yourself to interfere. Pay attention to what’s going on around you. Use those cell phones that are never far from your side and record police interactions in order to hold them accountable to playing by our rules, the rules of the Constitution. Most important of all, take a stand for freedom and humanity.

“Neutrality,” as Holocaust survivor Elie Wiesel reminded us, “helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Sometimes we must interfere. When human lives are endangered, when human dignity is in jeopardy, national borders and sensitivities become irrelevant. Wherever men and women are persecuted because of their race, religion, or political views, that place must – at that moment – become the center of the universe.”

“Those who corrupt the public mind are just as evil as those who steal from the public purse.”—Adlai Stevenson, 23rd Vice President of the United States

If you’ve been caught up in the circus that is the presidential election, you’ve likely missed the latest news about all the ways in which the government continues to erode our freedoms, undermine our sovereignty, abuse our trust, invade our homes, invade our privacy, destroy our property, hijack our bank accounts, and generally render itself above the law.

Then again, this is all par for the course from a militaristic government that is armed to the teeth, wages war against its own people, imprisons its citizens for profit, marches in lockstep with the corporate elite, and treats human beings as little more than cattle to be branded, bought, sold and butchered.

The following incidents constitute a typical week in the life of the American police state.

Not content with merely spying on our emails and phone calls, the NSA wants to spy on thermostats, refrigerators, and pacemakers.

Reinforcing fears about how easily surveillance technology can be abused by government officials, local police in California are using money acquired through asset forfeiture to buy surveillance equipment that was then used to blackmail city council members.

Small-town police departments continue to militarize their forces, acquiring military equipment such as BearCat armored vehicles and SWAT teams at an alarming rate.

According to the Government Accountability Office, the majority of people in the government’s criminal face-recognition database have never committed a crime.

The private prison business is booming, signaling a profitable windfall for investors and a death knell for any American unfortunate enough to run afoul of the many laws criminalizing otherwise legitimate behavior such as growing a garden on one’s front lawn or hosting a Bible study in one’s backyard.

In fact, one Florida couple recently sued their town council after being threatened with fines under a law banning front-yard gardens.

The Second Circuit Court of Appeals recently ruled that as long as the government shows “good faith,” it can search your digital files as much as it wants.

The FBI and other government agencies have been hiding cameras in city utility poles in order to carry out warrantless, covert surveillance on Americans.

The USDA and EPA have been using SWAT teams to conduct raids on raw milk producers, beekeepers and lemon growers, among others.

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The Eighth Circuit Court of Appeals has ruled that Americans have no expectation of privacy when it comes to credit card magnetic strips. Translation: swiping a credit card to determine its legitimacy is not a search under the Fourth Amendment.

Sex scandals involving police officers—the latest involving police and sex workers in California—are revealing yet another sordid side of the abuses being perpetrated by government officials as they carry out their “official” duties.

The University of Oklahoma is preparing to launch a 24/7 hotline for students to report incidents of microaggressions and bias.

The government’s active shooter, crisis actor terror drills continue to blur the line between what is real and staged. In Fenway Park, a multi-agency counterterrorism exercise managed to fool even local media with its simulated explosions and gunfire, reports of active shooters and bombs, bomb-sniffing dogs, and fake victims, blood smeared on their faces, running from the park with hands in the air.

The Drug Enforcement Administration is fighting for warrantless access to Americans’ private medical files, including what prescriptions you might be on, as part of its so-called war on drugs.

Two police training academies have been suspended for what appears to be teaching the use of excessive force.

Belying its claims of neutrality, among the 426 organizations the IRS has been accused of targeting for increased scrutiny, a large subsection of the groups have the word “tea” in their name, 33 have “patriot,” 26 refer to “liberty,” and several others have “occupy” in their name.

The FBI is pushing Congress for access to Internet browser history without a warrant. The agency also wants to keep its biometric database secret and exempt from privacy laws.

Using video analytics technology that can detect “suspicious” behavior, the government is looking to tap into surveillance cameras in order to identify “people and objects who could present a threat, or individuals and items that might have been involved in a past crime.”

According to recent figures, people with severe untreated mental illness are 16 times more likely to be killed in a police encounter.

Michigan is creating a pilot program to allow police to carry out roadside drug testing, opening the door to further forced searches in violation of a driver’s right to bodily integrity.

If a new tech start-up gets its way, landlords and employers will eventually be able to strip-mine intimate data from your Facebook page, including entire conversation threads and private messages.

Facebook may also be listening in on your phone conversations all of the time.

According to EPA data, drinking water sources in communities across America may be contaminated beyond what is being reported.

Despite government efforts to appear transparent and receptive to input on its drone programs, secret documents reveal that the government’s secret drone task force ignored public concerns about drone surveillance.

Taking the risk of government surveillance to all-new levels and moving us that much closer to realizing the fictional world of Minority Report, “biohackers” are putting microchips and magnets in their bodies to enable them to communicate electronically with their surroundings.

Further legitimizing corrupt asset forfeiture schemes, the Texas Supreme Court has ruled that law enforcement can seize private property that was used in the commission of a crime, even if evidence of wrongdoing was illegally obtained by police.

Despite a mounting body of evidence—and dead bodies—proving that tasers can kill, police officers continue to use the so-called nonlethal weapons recklessly, leaving those victims who survive the shock permanently disabled.

As a testament to the transformation of the nation’s public schools into quasi-prisons, more than 1.6 million high school students now attend schools with police on campus but not a single guidance counselor.

In Oklahoma, highway patrols are rolling out a new asset forfeiture program that allows them to access and transfer any funds on prepaid credit cards directly to police bank accounts.

Finally, in a recent interview, former congressman Ron Paul voiced what so many of us have  been warning for years now: we no longer really have democracy in America.

Rather, as I point out in my book Battlefield America: The War on the American People, what we have is a political distraction that keeps us oblivious to the steady advance of the police state, deaf to the cries of its victims, blind to the damage its wreaking on our communities and silent in the face of tyranny.

As always, I am asked: what can Americans do about the incessant assault on their freedoms?

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

The real battle in 2016 for control of this nation is not being waged between Republicans and Democrats in the ballot box. 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.

Wake up, America. The real battle between freedom and tyranny is taking place right in front of our eyes, if we would only open them.

“The horror… the horror…”—Apocalypse Now (1979)

“You can’t show war as it really is on the screen, with all the blood and gore. Perhaps it would be better if you could fire real shots over the audience’s head every night, you know, and have actual casualties in the theater.”—Sam Fuller, film director and author

Nearly 71 years ago, the United States unleashed atomic bombs on the Japanese cities of Hiroshima and Nagasaki,killing more than 200,000 individuals, many of whom were civilians.

Fast forward to the present day, and President Obama—the antiwar candidate and Nobel Peace Prize winner who haswaged war longer than any American president and whose legacy includes targeted-drone killings and at least 1.3 million lives lost to the U.S.-led war on terror—is paying lip service to the victims of America’s nuclear carnage, all the while continuing to feed the war machine.

America has long had a penchant for endless wars that empty our national coffers while fattening those of the military industrial complex. Since 9/11, we’ve spent more than $1.6 trillion to wage wars in Afghanistan and Iraq. Adding in our military efforts in Pakistan, as well as the lifetime price of health care for disabled veterans and interest on the national debt, that cost rises to $4.4 trillion. Even now, the war drums are sounding as Obama prepares to deploy U.S. troops on a long-term mission to Libya and continues to police the rest of the world with more than 1.3 million U.S. troops being stationed at roughly 1000 military bases in over 150 countries.

To this end, as I point out in my book Battlefield America: The War on the American People, Americans are fed a steady diet of pro-war propaganda that keeps them content to wave flags with patriotic fervor and less inclined to look too closely at the mounting body counts, the ruined lives, the ravaged countries, the blowback arising from ill-advised targeted-drone killings and bombing campaigns in foreign lands, and the transformation of our own homeland into a warzone.

Nowhere is this double-edged irony more apparent than during military holidays such as Memorial Day, when we get treated to a generous serving of praise and grandstanding by politicians, corporations and others with similarly self-serving motives eager to go on record as being pro-military.

Yet war is a grisly business, a horror of epic proportions. In terms of human carnage alone, war’s devastation is staggering. For example, it is estimated that approximately 231 million people died worldwide during the wars of the 20^th century. This figure does not take into account the walking wounded—both physically and psychologically—who “survive” war.

War drives the American police state. The military-industrial complex is the world’s largest employer. War sustains our way of life while killing us at the same time. As Pulitzer Prize-winning war correspondent and author Chris Hedges observes:

War is like a poison. And just as a cancer patient must at times ingest a poison to fight off a disease, so there are times in a society when we must ingest the poison of war to survive. But what we must understand is that just as the disease can kill us, so can the poison. If we don’t understand what war is, how it perverts us, how it corrupts us, how it dehumanizes us, how it ultimately invites us to our own self-annihilation, then we can become the victim of war itself.

War also entertains us with its carnage, its killing fields, its thrills and chills and bloodied battles set to music and memorialized in books, on television, in video games, and in superhero films and blockbuster Hollywood movies financed in part by the military.

War has become a centerpiece of American entertainment culture, most prevalent in war movies.

War movies deal in the extremes of human behavior. The best films address not only destruction on a vast scale but also plumb the depths of humanity’s response to the grotesque horror of war. They present human conflict in its most bizarre conditions—where men and women caught in the perilous straits of death perform feats of noble sacrifice or dig into the dark battalions of cowardice.

War films also provide viewers with a way to vicariously experience combat, but the great ones are not merely vehicles for escapism. Instead, they provide a source of inspiration, while touching upon the fundamental issues at work in wartime scenarios.

While there are many films to choose from, the following 10 war films touch on modern warfare (from the First World War onward) and run the gamut of conflicts and human emotions and center on the core issues often at work in the nasty business of war.

The Third Man (1949). Carol Reed’s The Third Man, which deals primarily with the after-effects of the ravages of war, is a great film by anyone’s standards. Set in postwar Europe, this bleak film (written by Graham Greene) sets forth the proposition that the corruption inherent in humanity means that the ranks of war are never closed. There are many fine performances in this film, including Orson Welles, Joseph Cotten and Alida Valli.

Paths of Glory (1957). This Stanley Kubrick film is an antiwar masterpiece. The setting is 1916, when two years of trench warfare have arrived at a stalemate. And while nothing of importance is occurring in the war, thousands of lives are being lost. But the masters of war pull the puppet strings, and the blood continues to flow. This film is packed with good performances, especially from Kirk Douglas and George Macready.

The Manchurian Candidate (1962). John Frankenheimer’s classic focuses on the psychological effects of war and its transmutation into mind control and political assassination. All the lines of intrigue converge to form a prophetic vision of what occurred the year after the film’s release with the assassination of John F. Kennedy. This chilling film is well written (co-written by Frankenheimer and George Axelrod) and acted. Frank Sinatra, Laurence Harvey and Angela Lansbury head a fine cast.

Dr. Strangelove, Or: How I Learned To Stop Worrying And Love The Bomb (1964). One of the great films of all time, Stanley Kubrick’s Dr. Strangelove burst onto the cinematic landscape and cast a cynical eye on the entire business of war. Strange and surreal, this film is packed full of amazing images and great performances. Peter Sellers should have walked off with the Oscar for best actor (but he didn’t). Sterling Hayden and George C. Scott are excellent in support.

The Deer Hunter (1978). Michael Cimino’s Academy Award-winning film is one of the most emotion-invoking films ever made. This story of a group of Pennsylvania steel mill workers who endure excruciating ordeals in the Vietnam War is one film that makes its point clear—war is the horror of all horrors. Robert DeNiro is fine, and Christopher Walken, who won a best supporting actor Oscar, is superb.

Apocalypse Now (1979). I consider this Francis Ford Coppola’s best film. Based on Joseph Conrad’s novella, The Heart of Darkness, Captain Willard (Martin Sheen) treks to the Cambodian jungle to assassinate renegade, manic Colonel Kurtz (Marlon Brando). This antiwar epic is a great visual experience with fine performances from its ensemble cast.

Platoon (1986). This is not Oliver Stone’s best film, but it is one helluva war movie. Set before and during the Tet Offensive of January 1968, this is a gritty view of the Vietnam War by one who served there. Indeed, when Stone is not filling the screen with explosions, he makes the jungle seem all too real—a wet place for bugs, leeches and snakes, but not for people. Fine performances by Willem Dafoe and Tom Berenger.

Full Metal Jacket (1987). Stanley Kubrick’s take on Vietnam is one of the most powerful and psychological dramas ever made. Focusing on the schizophrenic nature of the human psyche—the duality of man—Kubrick takes us through a hell-like Parris Island boot camp and into the bowels of a surreal Vietnam through the eyes of Joker (Matthew Modine). Every facet of this film, as in all of Kubrick’s work, is top notch.

Jacob’s Ladder (1990). Adrian Lyne’s thriller hits the psyche like a thunderbolt. A man (Tim Robbins) struggles with what he saw while serving in Vietnam. Back home, he gradually becomes unable to separate “reality” from the surreal, psychotic world that intermittently intervenes in his existence. This bizarre film touches on the sordid nature of war and the corruption of those who manipulate and experiment on us while we fight on their behalf. Good cast (especially Elizabeth Peña), an excellent screenplay (Bruce Joel Rubin) and adept directing make this film one nice trip.

Jarhead (2005). Sam Mendes’ film follows a Marine recruit (Jake Gyllenhaal) through Marine boot camp to service in Operation Desert Storm, winding up at the Highway of Death. But what Mendes serves up is war as a phallic obsession in the oil-drenched sands of Kuwait and Iraq. Here soldiers fight not for causes but to survive in the nihilistic pursuit of destruction. Fine performance by Jamie Foxx as Sergeant Sykes.

As these films illustrate, war is indeed hell.

What we must decide is whether we’re stuck with war as a necessity of the world in which we live, as President Obama suggested in his Nobel Peace Prize speech, or whether we’re prepared to do as Martin Luther King suggested 45 years earlier in his Nobel Peace Prize lecture and find an alternative to war.

Speaking in Oslo in 1964, King declared:

Man’s proneness to engage in war is still a fact. But wisdom born of experience should tell us that war is obsolete. There may have been a time when war served as a negative good by preventing the spread and growth of an evil force, but the destructive power of modern weapons eliminated even the possibility that war may serve as a negative good. If we assume that life is worth living and that man has a right to survive, then we must find an alternative to war.

WASHINGTON, D.C. — The Rutherford Institute has denounced a stealth effort by the Department of Justice to give law enforcement and intelligence agencies the power to remotely hack into personal computers and mobile devices, implant malicious software on computers, and rummage through the personal contents of those computers in the absence of criminal activity by the devices’ owners. The DOJ’s proposed changes to the Federal Rule of Criminal Procedure 41 have been justified as a way to fight cybercrime and make it easier for law enforcement to track down cyber criminals who use tools such as Tor, botnets or malware to mask their true location.

With the U.S. Supreme Court already having rubberstamped its approval to the Rule 41 amendment allowing the government to expand its surveillance powers, Congress has until December 1 to either block or approve the change. In a letter to Sen. Ron Wyden (D-Or.) who has publicly announced his intent to introduce legislation to block the amendments, Rutherford Institute attorneys set forth their objections to the proposed Rule 41 changes, which they characterize as a significant expansion of the surveillance power the government may use to spy on its citizens.

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“Once again, the government is insisting that it needs greater powers to combat cybercrime, even if it means cutting through the very foundations of freedom in order to fight these modern devils,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Of course, it’s a devil’s bargain—much like the Patriot Act was—that attempts to sell us on the idea that safety, security and material comforts are preferable to freedom. The problem with these devil’s bargains, however, is that there is always a catch, always a price to pay for whatever it is we valued so highly as to barter away our most precious possessions. In the end, as we saw with the Patriot Act, such bargains always turn sour.”

Insisting that the government needs greater powers to fight cybercrime, the Department of Justice and federal law enforcement agencies proposed amendments to the Federal Rule of Criminal Procedure 41 which would allow a judge in any district affected by criminal activity to issue a warrant to search electronic storage media and seize and copy stored information if the location of the electronic storage media has been concealed through technological means. Additionally, for an investigation of computer crimes such as the distribution of computer viruses or malware involving more than five computers, the proposed amendments allow a single magistrate to issue a warrant to search numerous computers, including computers that have been infected by the virus or malware regardless of whether the computer’s owner is suspected of involvement in any criminal activity.

These amendments would greatly expand federal investigators’ ability to engage in remote surveillance, which involves the secret installation of data extraction software on a computer. Once installed, the software allows government agents to remotely search a computer’s hard drive and other data storage, transmit data back to the agents, and to even remotely activate and control attached cameras and microphones. In raising its objections to the proposed changes to Rule 41, The Rutherford Institute points out that the proposed rule changes impose no time limit on how long the data extraction software may remain on computers, allowing for ongoing surveillance, and do not require that persons be notified that their electronic storage is being searched by the government.

RICHMOND, Va. — Rejecting as patently false the Obama administration’s contention that its mass surveillance program has inflicted no harm on American citizens, attorneys for The Rutherford Institute, ACLU, Wikipedia, Amnesty International, Human Rights Watch, and the National Association of Criminal Defense Lawyers have asked a federal appeals court to reinstate a First and Fourth Amendment lawsuit against the National Security Agency (NSA), the U.S. Department of Justice and their directors.

In advancing their arguments before the Fourth Circuit Court of Appeals, the broad coalition of educational, legal, human rights and media organizations point out that the NSA’s surveillance program—which is unprecedented in its scope and intrudes on the privacy of Americans’ internet communications and impairs their expressive and associational rights—has chilled lawful First Amendment expression and given rise to self-censorship. The coalition’s arguments are reinforced by a recent study published by the Journalism and Mass Communication Quarterly showing that knowledge of government surveillance causes people to self-censor their dissenting opinions online. A Maryland federal court had dismissed the lawsuit, ruling that the coalition of national and international groups does not have standing to bring the lawsuit against the government.

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

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The lawsuit brought by The Rutherford Institute, the ACLU, Wikipedia, Amnesty International, Human Rights Watch, the National Association of Criminal Defense Lawyers and other educational, legal, human rights and media organizations arises from efforts by the U.S. government since the 9/11 terrorist attacks to increase the surveillance and monitoring of U.S. citizens and foreign nationals. Although Congress had previously authorized the issuance of orders for electronic surveillance of foreign agents for intelligence purposes under the Foreign Intelligence Surveillance Act (FISA) in October 2001, President George W. Bush secretly authorized warrantless interception of emails and telephone calls involving persons within the United States if NSA personnel had a “reasonable basis” to believe one party was connected with al Qaeda. When a judge refused to authorize the continuation of this program, the Bush administration obtained amendments to FISA in 2008 authorizing the acquisition without individualized suspicion of the international communications of U.S. citizens that are with or are about foreigners who the NSA chooses to target.

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