John W. Whitehead, Constitutional Attorney

‘Does Fear Lead to Fascism? A Culture of Fear and the Epigenetics of Terror’ by John W. Whitehead

Posted: December 7, 2015 in Uncategorized
Tags: 9/11 attacks, Edward R. Murrow, epigenetics, fascism, fear, Holocaust, militarized police, President Obama, terrorism

“No one can terrorize a whole nation, unless we are all his accomplices.”—Edward R. Murrow, broadcast journalist

America is in the midst of an epidemic of historic proportions.

The contagion being spread like wildfire is turning communities into battlegrounds and setting Americans one against the other.

Normally mild-mannered individuals caught up in the throes of this disease have been transformed into belligerent zealots, while others inclined to pacifism have taken to stockpiling weapons and practicing defensive drills.

This plague on our nation—one that has been spreading like wildfire—is a potent mix of fear coupled with unhealthy doses of paranoia and intolerance, tragic hallmarks of the post-9/11 America in which we live.

Everywhere you turn, those on both the left- and right-wing are fomenting distrust and division. You can’t escape it.

We’re being fed a constant diet of fear: fear of terrorists, fear of illegal immigrants, fear of people who are too religious, fear of people who are not religious enough, fear of Muslims, fear of extremists, fear of the government, fear of those who fear the government. The list goes on and on.

The strategy is simple yet effective: the best way to control a populace is through fear and discord.

Fear makes people stupid.

Confound them, distract them with mindless news chatter and entertainment, pit them against one another by turning minor disagreements into major skirmishes, and tie them up in knots over matters lacking in national significance.

Most importantly, divide the people into factions, persuade them to see each other as the enemy and keep them screaming at each other so that they drown out all other sounds. In this way, they will never reach consensus about anything and will be too distracted to notice the police state closing in on them until the final crushing curtain falls.

This is how free people enslave themselves and allow tyrants to prevail.

This Machiavellian scheme has so ensnared the nation that few Americans even realize they are being manipulated into adopting an “us” against “them” mindset. Instead, fueled with fear and loathing for phantom opponents, they agree to pour millions of dollars and resources into political elections, militarized police, spy technology and endless wars, hoping for a guarantee of safety that never comes.

All the while, those in power—bought and paid for by lobbyists and corporations—move their costly agendas forward, and “we the suckers” get saddled with the tax bills and subjected to pat downs, police raids and round-the-clock surveillance.

Turn on the TV or flip open the newspaper on any given day, and you will find yourself accosted by reports of government corruption, corporate malfeasance, militarized police and marauding SWAT teams.

America has already entered a new phase, one in which children are arrested in schools, military veterans are forcibly detained by government agents because of the content of their Facebook posts, and law-abiding Americans are having their movements tracked, their financial transactions documented and their communications monitored

These threats are not to be underestimated.

Yet even more dangerous than these violations of our basic rights is the language in which they are couched: the language of fear. It is a language spoken effectively by politicians on both sides of the aisle, shouted by media pundits from their cable TV pulpits, marketed by corporations, and codified into bureaucratic laws that do little to make our lives safer or more secure.

Fear, as history shows, is the method most often used by politicians to increase the power of government. Even while President Obama insists that “freedom is more powerful than fear,” the tactics of his administration continue to rely on fear of another terrorist attack in order to further advance the agenda of the military/security industrial complex.

An atmosphere of fear permeates modern America. However, with crime at a 40-year low, is such fear of terrorism rational?

Even in the wake of the shootings in San Bernardino and Paris, statistics show that you are 17,600 times more likely to die from heart disease than from a terrorist attack. You are 11,000 times more likely to die from an airplane accident than from a terrorist plot involving an airplane. You are 1,048 times more likely to die from a car accident than a terrorist attack. You are 404 times more likely to die in a fall than from a terrorist attack. You are 12 times more likely to die from accidental suffocating in bed than from a terrorist attack. And you are 9 more times likely to choke to death in your own vomit than die in a terrorist attack.

Indeed, those living in the American police state are 8 times more likely to be killed by a police officer than by a terrorist. Thus, the government’s endless jabbering about terrorism amounts to little more than propaganda—the propaganda of fear—a tactic used to terrorize, cower and control the population.

So far, these tactics are working.

The 9/11 attacks, the Paris attacks, and now the San Bernardino shooting have succeeded in reducing the American people to what commentator Dan Sanchez refers to as “herd-minded hundreds of millions [who] will stampede to the State for security, bleating to please, please be shorn of their remaining liberties.”

Sanchez continues:

I am not terrified of the terrorists; i.e., I am not, myself, terrorized. Rather, I am terrified of the terrorized; terrified of the bovine masses who are so easily manipulated by terrorists, governments, and the terror-amplifying media into allowing our country to slip toward totalitarianism and total war…

I do not irrationally and disproportionately fear Muslim bomb-wielding jihadists or white, gun-toting nutcases. But I rationally and proportionately fear those who do, and the regimes such terror empowers. History demonstrates that governments are capable of mass murder and enslavement far beyond what rogue militants can muster. Industrial-scale terrorists are the ones who wear ties, chevrons, and badges. But such terrorists are a powerless few without the supine acquiescence of the terrorized many. There is nothing to fear but the fearful themselves…

Stop swallowing the overblown scaremongering of the government and its corporate media cronies. Stop letting them use hysteria over small menaces to drive you into the arms of tyranny, which is the greatest menace of all.

As history makes clear, fear leads to fascistic, totalitarian regimes.

It’s a simple enough formula. National crises, reported terrorist attacks, and sporadic shootings leave us in a constant state of fear. Fear prevents us from thinking. The emotional panic that accompanies fear actually shuts down the prefrontal cortex or the rational thinking part of our brains. In other words, when we are consumed by fear, we stop thinking.

A populace that stops thinking for themselves is a populace that is easily led, easily manipulated and easily controlled.

As I document in my book Battlefield America: The War on the American People, the following are a few of the necessary ingredients for a fascist state:

The government is managed by a powerful leader (even if he or she assumes office by way of the electoral process). This is the fascistic leadership principle (or father figure).
The government assumes it is not restrained in its power. This is authoritarianism, which eventually evolves into totalitarianism.
The government ostensibly operates under a capitalist system while being undergirded by an immense bureaucracy.
The government through its politicians emits powerful and continuing expressions of nationalism.
The government has an obsession with national security while constantly invoking terrifying internal and external enemies.
The government establishes a domestic and invasive surveillance system and develops a paramilitary force that is not answerable to the citizenry.
The government and its various agencies (federal, state, and local) develop an obsession with crime and punishment. This is overcriminalization.
The government becomes increasingly centralized while aligning closely with corporate powers to control all aspects of the country’s social, economic, military, and governmental structures.
The government uses militarism as a center point of its economic and taxing structure.
The government is increasingly imperialistic in order to maintain the military-industrial corporate forces.

The parallels to modern America are impossible to ignore.

“Every industry is regulated. Every profession is classified and organized,” writes Jeffrey Tucker. “Every good or service is taxed. Endless debt accumulation is preserved. Immense doesn’t begin to describe the bureaucracy. Military preparedness never stops, and war with some evil foreign foe, remains a daily prospect.”

For the final hammer of fascism to fall, it will require the most crucial ingredient: the majority of the people will have to agree that it’s not only expedient but necessary. In times of “crisis,” expediency is upheld as the central principle—that is, in order to keep us safe and secure, the government must militarize the police, strip us of basic constitutional rights and criminalize virtually every form of behavior.

Not only does fear grease the wheels of the transition to fascism by cultivating fearful, controlled, pacified, cowed citizens, but it also embeds itself in our very DNA so that we pass on our fear and compliance to our offspring.

It’s called epigenetic inheritance, the transmission through DNA of traumatic experiences.

For example, neuroscientists observed how quickly fear can travel through generations of mice DNA. As The Washington Post reports:

In the experiment, researchers taught male mice to fear the smell of cherry blossoms by associating the scent with mild foot shocks. Two weeks later, they bred with females. The resulting pups were raised to adulthood having never been exposed to the smell. Yet when the critters caught a whiff of it for the first time, they suddenly became anxious and fearful. They were even born with more cherry-blossom-detecting neurons in their noses and more brain space devoted to cherry-blossom-smelling.

The conclusion? “A newborn mouse pup, seemingly innocent to the workings of the world, may actually harbor generations’ worth of information passed down by its ancestors.”

Now consider the ramifications of inherited generations of fears and experiences on human beings. As the Post reports, “Studies on humans suggest that children and grandchildren may have felt the epigenetic impact of such traumatic events such as famine, the Holocaust and the Sept. 11, 2001, terrorist attacks.”

In other words, fear, trauma and compliance can be passed down through the generations.

Fear has been a critical tool in past fascistic regimes, and it now operates in our contemporary world—all of which raises fundamental questions about us as human beings and what we will give up in order to perpetuate the illusions of safety and security.

In the words of psychologist Erich Fromm:

[C]an human nature be changed in such a way that man will forget his longing for freedom, for dignity, for integrity, for love—that is to say, can man forget he is human? Or does human nature have a dynamism which will react to the violation of these basic human needs by attempting to change an inhuman society into a human one?

We are at a critical crossroads in American history, and we have a choice: freedom or fascism.

Let’s hope the American people make the right choice while we still have the freedom to choose.

‘Life in the Electronic Concentration Camp: The Surveillance State Is Alive and Well’ by John W. Whitehead

Posted: November 30, 2015 in Uncategorized
Tags: metadata, nsa, surveillance, USA Freedom Act

“Big Brother in the form of an increasingly powerful government and in an increasingly powerful private sector will pile the records high with reasons why privacy should give way to national security, to law and order […] and the like.” ― William O. Douglas, Supreme Court Justice

Bottle up the champagne, pack away the noisemakers, and toss out the party hats.

There is no cause for celebration.

We have secured no major victories against tyranny.

We have achieved no great feat in pushing back against government overreach.

For all intents and purposes, the National Security Agency has supposedly ceased its bulk collection of metadata from Americans’ phone calls, but read the fine print: nothing is going to change.

The USA Freedom Act, which claimed to put an end to the National Security Agency’s controversial collection of metadata from Americans’ phone calls, was just a placebo pill intended to make us feel better and let the politicians take credit for reforming mass surveillance.

In other words, it was a sham, a sleight-of-hand political gag pulled on a gullible public desperate to believe that we still live in a constitutional republic rather than a down-and-out, out-of-control, corporate-controlled, economically impoverished, corrupt, warring, militarized banana republic.

You cannot restrain the NSA. The beast has outgrown its chains.

You cannot reform the NSA. A government that lies, cheats, steals, sidesteps the law, and then absolves itself of wrongdoing does not voluntarily alter its behavior.

You cannot put an end to the NSA’s “technotyranny.” Presidents, politicians, and court rulings have come and gone over the course of the NSA’s 60-year history, but none of them have managed to shut down the government’s secret surveillance of Americans’ phone calls, emails, text messages, transactions, communications and activities.

Indeed, the government has become an expert in finding ways to sidestep niggling, inconvenient laws aimed at ensuring accountability, bringing about government transparency and protecting citizen privacy.

It has mastered the art of stealth maneuvers and end-runs around the Constitution.

It knows all too well how to hide its nefarious, covert, clandestine activities behind the classified language of national security and terrorism. And when that doesn’t suffice, it obfuscates, complicates, stymies or just plain bamboozles the public into remaining in the dark.

Case in point: the so-called end of the NSA’s metadata collection of Americans’ phone calls.

This, of course, is no end at all.

On any given day, the average American going about his daily business will still be monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears.

More than a year before politicians attempted to patch up our mortally wounded privacy rights with the legislative bandaid fix that is the USA Freedom Act, researchers at Harvard and Boston University documented secret loopholes that allow the government to bypass Fourth Amendment protections to conduct massive domestic surveillance on U.S. citizens.

It’s extraordinary rendition all over again, only this time it’s surveillance instead of torture being outsourced.

In much the same way that the government moved its torture programs overseas in order to bypass legal prohibitions against doing so on American soil, it is doing the same thing for its surveillance programs. By shifting its data storage, collection and surveillance activities outside of the country, the government is able to bypass constitutional protectionsagainst unwarranted searches of Americans’ emails, documents, social networking data, and other cloud-stored data.

Heck, the government doesn’t even need to move all of its programs overseas. It just has to push the data over the border in order to “[circumvent] constitutional and statutory safeguards seeking to protect the privacy of Americans.”

Credit for this particular brainchild goes to the Obama administration, which issued Executive Order 12333 authorizing the collection of Americans’ data from surveillance conducted on foreign soil.

Using this rationale, the government was able to justify hacking into and collecting an estimated 180 million user records from Google and Yahoo data centers every month because the data travels over international fiber-optic cables. The NSA program, dubbed MUSCULAR, is carried out in concert with British intelligence.

No wonder the NSA appeared so unfazed about being forced to shut down its much-publicized metadata program. It had already figured out a way to accomplish the same results (illegally spying on Americans’ communications) without being shackled by the legislative or judicial branches of the government.

Mind you, this metadata collection now being carried out overseas is just a small piece of the surveillance pie. The government and its corporate partners have a veritable arsenal of surveillance programs that will continue to operate largely in secret, carrying out warrantless mass surveillance on hundreds of millions of Americans’ phone calls, emails, text messages and the like, beyond the scrutiny of most of Congress and the taxpayers who are forced to fund its multi-billion dollar secret black ops budget.

The surveillance state is alive and well and kicking privacy to shreds in America.

Whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether the NSA or some other entity, will still be listening in and tracking your behavior. This doesn’t even begin to touch on the corporate trackers that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere.

We are now in a state of transition with the police state shifting into high-gear under the auspices of the surveillance state.

Having already transformed local police into extensions of the military, the Department of Homeland Security, the Justice Department and the FBI are preparing to turn the nation’s police officers into techno-warriors, complete with iris scanners, body scanners, thermal imaging Doppler radar devices, facial recognition programs, license plate readers, cell phone Stingray devices and so much more.

Add in the fusion centers, city-wide surveillance networks, data clouds conveniently hosted overseas by Amazon and Microsoft, drones equipped with thermal imaging cameras, and biometric databases, and you’ve got the makings of a world in which “privacy” is reserved exclusively for government agencies.

Thus, telephone surveillance by the NSA is the least of our worries.

Even with restrictions on its ability to collect mass quantities of telephone metadata, the government and its various spy agencies, from the NSA to the FBI, can still employ an endless number of methods for carrying out warrantless surveillance on Americans, all of which are far more invasive than the bulk collection program.

As I point out in my new book Battlefield America: The War on the American People, just about every branch of the government—from the Postal Service to the Treasury Department and every agency in between—now has its own surveillance sector, authorized to spy on the American people.

Then there are the fusion and counterterrorism centers that gather all of the data from the smaller government spies—the police, public health officials, transportation, etc.—and make it accessible for all those in power.

And of course that doesn’t even begin to touch on the complicity of the corporate sector, which buys and sells us from cradle to grave, until we have no more data left to mine. Indeed, Facebook, Amazon and Google are among the government’s closest competitors when it comes to carrying out surveillance on Americans, monitoring the content of your emails, tracking your purchases and exploiting your social media posts.

“Few consumers understand what data are being shared, with whom, or how the information is being used,” reports the Los Angeles Times. “Most Americans emit a stream of personal digital exhaust — what they search for, what they buy, who they communicate with, where they are — that is captured and exploited in a largely unregulated fashion.”

It’s not just what we say, where we go and what we buy that is being tracked.

We’re being surveilled right down to our genes, thanks to a potent combination of hardware, software and data collection that scans our biometrics—our faces, irises, voices, genetics, even our gait—runs them through computer programs that can break the data down into unique “identifiers,” and then offers them up to the government and its corporate allies for their respective uses.

All of those internet-connected gadgets we just have to have (Forbes refers to them as “(data) pipelines to our intimate bodily processes”)—the smart watches that can monitor our blood pressure and the smart phones that let us pay for purchases with our fingerprints and iris scans—are setting us up for a brave new world where there is nowhere to run and nowhere to hide.

For instance, imagine what the NSA could do (and is likely already doing) with voiceprint technology, which has been likened to a fingerprint. Described as “the next frontline in the battle against overweening public surveillance,” the collection of voiceprints is a booming industry for governments and businesses alike. As The Guardian reports, “voice biometrics could be used to pinpoint the location of individuals. There is already discussion about placing voice sensors in public spaces, and [Lee Tien, senior staff attorney with the Electronic Frontier Foundation] said that multiple sensors could be triangulated to identify individuals and specify their location within very small areas.”

Suddenly the NSA’s telephone metadata program seems like child’s play compared to what’s coming down the pike.

That, of course, is the point.

The NSA is merely one small part of a shadowy permanent government comprised of unelected bureaucrats who march in lockstep with profit-driven corporations that actually runs Washington, DC, and works to keep us under surveillance and, thus, under control. For example, Google openly works with the NSA, Amazon has built a massive $600 million intelligence database for CIA, and the telecommunications industry is making a fat profit by spying on us for the government.

In other words, Corporate America is making a hefty profit by aiding and abetting the government in its domestic surveillance efforts.

At every turn, we have been handicapped in our quest for transparency, accountability and a representative democracy by an establishment culture of secrecy: secret agencies, secret experiments, secret military bases, secret surveillance, secret budgets, and secret court rulings, all of which exist beyond our reach, operate outside our knowledge, and do not answer to “we the people.”

Now there are still those who insist that they have nothing to hide from the surveillance state and nothing to fear from the police state because they have done nothing wrong.

To those sanctimonious few, secure in their delusions, let this be a warning: the danger posed by the American police state applies equally to all of us—lawbreaker and law abider alike, black and white, rich and poor, liberal and conservative, blue collar and white collar, and any other distinction you’d care to trot out.

In an age of too many laws, too many prisons, too many government spies, and too many corporations eager to make a fast buck at the expense of the American taxpayer, there is no safe place and no watertight alibi. We are all guilty of some transgression or other, and eventually, we will all be made to suffer the same consequences in the electronic concentration camp that surrounds us.

This Thanksgiving, Let’s Say ‘No Thanks’ to the Tyranny of the American Police State by John W. Whitehead

Posted: November 23, 2015 in Uncategorized
Tags: Congress, courts of order, militarization, oligarchy, overcriminalization, police, police state, surveillance, Thanksgiving

“Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster, and what has happened once in 6000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.”—Daniel Webster

Thanksgiving is not what it once was.

Then again, America is not what she once was.

Americans have become so enthralled by the “bread and circuses” of our age—tables groaning under the weight of an abundance of rich foods, televisions tuned to sports and entertainments spectacles, stores competing for Black Friday shoppers, and a general devotion to excess and revelry—that we have lost sight of the true purpose of Thanksgiving.

Indeed, the following is a lesson in how far we have traveled—and how low we have fallen—in the more than 200 years since George Washington issued the first Thanksgiving proclamation, calling upon the nation to give thanks for a government whose purpose was ensuring the safety and happiness of its people and for a Constitution designed to safeguard civil and religious liberty.

This Thanksgiving finds us saddled with a government that is a far cry from Washington’s vision of a government that would be a blessing to all the people:

governed by wise, just and constitutional laws
faithfully executed and obeyed by its agents
assisting foreign nations with good government, peace, and concord
promoting true religion, virtue and science
and enabling temporal prosperity.

Instead, as the following shows, the U.S. government has become a warring empire, governed by laws that are rash, unjust and unconstitutional, policed by government agents who are corrupt, hypocritical and abusive, a menace to its own people, and the antithesis of everything for which Washington hoped.

George Washington didn’t intend Thanksgiving to be a day for offering up glib platitudes that require no thought, no effort and no sacrifice. He wanted it to be a day of contemplation, in which we frankly assessed our shortcomings, acknowledged our wrongdoings, and resolved to be a better, more peaceable nation in the year to come.

It is in that true spirit of Thanksgiving that I offer the following list of things for which I’m not thankful about the American police state.

The U.S. has become a corporate oligarchy. As a Princeton University survey indicates, our elected officials, especially those in the nation’s capital, represent the interests of the rich and powerful rather than the average citizen. We are no longer a representative republic. As such, the citizenry has little if any impact on the policies of government. There are 131 lobbyists to every Senator, reinforcing concerns that the government represents the corporate elite rather than the citizenry.

Americans are being jailed for profit. Imprisoning Americans in private prisons and jails run by mega-corporations has turned into a cash cow for big business, with states agreeing to maintain a 90% occupancy rate in privately run prisons for at least 20 years. And how do you keep the prisons full? By passing laws aimed at increasing the prison population, including the imposition of life sentences on people who commit minor or nonviolent crimes such as siphoning gasoline. Little surprise, then, that the United States has 5% of the world’s population, but 25% of the world’s prisoners. The government’s tendency towards militarization and overcriminalization, in which routine, everyday behaviors become targets of regulation and prohibition, have resulted in Americans getting arrested for making and selling unpasteurized goat cheese, cultivating certain types of orchids, feeding a whale, holding Bible studies in their homes, and picking their kids up from school.

Endless wars have resulted in a battlefield mindset that is infecting the nation. The Departments of Justice, Homeland Security (DHS) and Defense have passed off billions of dollars worth of military equipment to local police forces. Even EMS crews and fire fighters are being “gifted” with military tanks, Kevlar helmets and ballistic vests. Police agencies have been trained in the fine art of war. It has become second nature for local police to look and act like soldiers. Communities have become acclimated to the presence of militarized police patrolling their streets. Americans have been taught compliance at the end of a police gun or taser. Lower income neighborhoods have been transformed into war zones. Hundreds if not thousands of unarmed Americans have lost their lives at the hands of police who shoot first and ask questions later. And a whole generation of young Americans has learned to march in lockstep with the government’s dictates.

Militarized police, shootings of unarmed citizens, SWAT team raids, misconduct and qualified immunity have transformed the U.S. into a police state. What we must contend with today is the danger of having a standing army (which is what police forces, increasingly made up of individuals with military backgrounds and/or training, have evolved into) that has been trained to view the citizenry as little more than potential suspects, combatants and insurgents. Despite propaganda to the contrary, it is estimated that U.S. police kill more people in days than other countries do in years. On an average day in America, at least 100 Americans have their homes raided by SWAT teams (although I’ve seen estimates as high as 300 a day), which are increasingly used to deal with routine police matters: angry dogs, domestic disputes, search warrants, etc. Every five days a police officer somewhere in America engages in sexual abuse or misconduct.

The barrier between public and private property has been done away with. Call it what you will—taxes, penalties, fees, fines, regulations, tariffs, tickets, permits, surcharges, tolls, asset forfeitures, foreclosures, etc.—but the only word that truly describes the constant bilking of the American taxpayer by the government and its corporate partners is theft. What Americans don’t seem to comprehend is that if the government can arbitrarily take away your property, without your having much say about it, you have no true rights and no real property. In this way, the police state with all of its trappings—from surveillance cameras, militarized police, SWAT team raids, truancy and zero tolerance policies, asset forfeiture laws, privatized prisons and red light cameras to Sting Ray devices, fusion centers, drones, black boxes, hollow-point bullets, detention centers, speed traps and abundance of laws criminalizing otherwise legitimate conduct—has become little more than a front for a high-dollar covert operation aimed at laundering as much money as possible through government agencies and into the bank accounts of the corporate oligarchy that rule over us.

The technologically-driven surveillance state has become the fourth branch of government. This fourth branch—the NSA, CIA, FBI, DHS, etc.—came into being without any electoral mandate or constitutional referendum, and yet it possesses superpowers, above and beyond those of any other government agency save the military. It is all-knowing, all-seeing and all-powerful. It operates beyond the reach of the president, Congress and the courts, and it marches in lockstep with the corporate elite who really call the shots in Washington, DC. This age of technological tyranny has been made possible by government secrets, government lies, government spies and their corporate ties. Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it will all be recorded, stored and used against you eventually, at a time and place of the government’s choosing. Privacy, as we have known it, is dead. The police state is about to pass off the baton to the surveillance state.

The schools, modeled after quasi-prisons, are churning out future compliant citizens. Within America’s public schools can be found almost every aspect of the American police state that plagues those of us on the “outside”: metal detectors, surveillance cameras, militarized police, drug-sniffing dogs, tasers, cyber-surveillance, random searches, senseless arrests, jail time, the list goes on. Whether it takes the form of draconian zero tolerance policies, overreaching anti-bullying statutes, police officers charged with tasering and arresting so-called unruly children, standardized testing with its emphasis on rote answers, political correctness, or the extensive surveillance systems cropping up in schools all over the country, young people in America are first in line to be indoctrinated into compliant citizens of the new American police state.

The courts have become courts of order in an age of government-sanctioned tyranny. With every ruling handed down by the courts, it becomes more apparent that we live in an age of hollow justice, with government courts, largely lacking in vision and scope, rendering narrow rulings that have nothing to do with true justice. This is true at all levels of the judiciary, but especially so in the highest court of the land, the U.S. Supreme Court, which is seemingly more concerned with establishing order and protecting government agents than with upholding the rights enshrined in the Constitution. Given the turbulence of our age, with its police overreach, military training drills on American soil, domestic surveillance, SWAT team raids, asset forfeiture, wrongful convictions, and corporate corruption, the need for a guardian of the people’s rights has never been greater. Yet when presented with an opportunity to weigh in on these issues, what does our current Supreme Court usually do? It ducks. Prevaricates. Remains silent. Speaks to the narrowest possible concern. More often than not, it gives the government and its corporate sponsors the benefit of the doubt. Rarely do the concerns of the populace prevail.

As I point out in my book Battlefield America: The War on the American People, these are abuses that no American should tolerate from its government, and yet not only do we tolerate them, but we help to advance them by supporting meaningless elections, allowing ourselves to be divided by partisan politics, and failing to hold the government accountable to abiding by the rule of law, the U.S. Constitution.

Mark my words: if we do not push back against the menace of the police state now, if we fail to hold onto the Constitution and our constitutional republic, and if we allow the government to remain the greatest threat to our freedoms, then future Thanksgivings will find us paying the price with tyranny at home and anarchy throughout the world.

U.S. Supreme Court Refuses to Hear Case of Marine Brandon Raub Who Was Arrested & Locked up in a Mental Hospital for Criticizing the Gov’t on Facebook

Posted: November 17, 2015 in Uncategorized
Tags: brandon raub, domestic extremism, first amendment, free speech, indefinite detentions, Marines, supreme court

BrandonRaub_2 WASHINGTON, D.C. — The U.S. Supreme Court has refused to hear the case of decorated Marine Brandon Raub, who was seized by a swarm of Secret Service, FBI and local police officials and involuntarily committed to a mental institution for a week after posting controversial song lyrics and political views critical of the government on his Facebook page. In asking the Supreme Court to hear the case, Rutherford Institute attorneys were seeking to overturn lower court rulings dismissing the case, which characterized concerns over government suppression of dissident speech as “far-fetched.” In rejecting the appeal, the Supreme Court also refused to establish standards to guide and constrain mental health professionals when they seek to commit individuals and to prevent commitment on the basis of a person’s exercise of his right to free speech.

“This case was about more than one Marine’s right to not be targeted for speaking out against the government. It was about whether Americans have the freedom to criticize the government without being labeled ‘domestic extremists’ and stripped of their rights,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Unfortunately, in refusing to hear this case, the Supreme Court has left us all vulnerable to the possibility that we can be declared mentally unfit, handcuffed, arrested and locked up against our will simply for exercising our right to speak truth to power.”

Brandon Raub, a decorated Marine who has served tours in Iraq and Afghanistan, uses his Facebook page to post song lyrics and air his political opinions. On Aug.16, 2012, Chesterfield police, Secret Service and FBI agents arrived at Raub’s home, asked to speak with him about his Facebook posts, and without providing any explanation, levying any charges against Raub or reading him his rights, handcuffed Raub and transported him to police headquarters, then to a medical facility, where he was held against his will for psychological evaluation and treatment.

In coming to Raub’s aid, Rutherford Institute attorneys challenged the government’s actions as a violation of Raub’s First and Fourth Amendment rights. On Aug. 23, Circuit Court Judge Allan Sharrett ordered Raub’s immediate release, stating that the government’s case was “so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.” Rutherford Institute attorneys filed a lawsuit in May 2013, challenging the government’s actions as procedurally improper and legally unjustified. In February 2014, a U.S. District Court judge dismissed the lawsuit, rejecting concerns over government suppression of dissident speech as “far-fetched.” On appeal to the Court of Appeals for the Fourth Circuit, Institute attorneys claimed that the Chesterfield County mental health screener who recommended Raub’s seizure and commitment failed to exercise reasonable professional judgment in wrongly determining that Raub was mentally ill and dangerous, and that Raub’s seizure and detention were the result of a mental health screener’s dislike of Raub’s “unpatriotic” views on federal government misconduct, thereby violating the ex-Marine’s First Amendment right to freedom of speech. The appeals court subsequently affirmed the lower court judgment.

Attorneys William H. Hurd and Stephen C. Piepgrass of Troutman Sanders and Anthony Troy and Charles A. Zdebski of Eckert Seamens Cherin & Mellott assisted The Rutherford Institute in its defense of Brandon Raub.

To France from a Post-9/11 America: Lessons We Learned Too Late by John W. Whitehead

Posted: November 16, 2015 in Uncategorized
Tags: 9/11, martial law, Paris attacks, rule of law, surveillance, terrorism, torture, USA Patriot Act, war on terror

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” ― Benjamin Franklin

“Voice or no voice, the people can always be brought to the bidding of the leaders. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country.”—Hermann Goering, German military commander and Hitler’s designated successor

For those who remember when the first towers fell on 9/11, there is an unnerving feeling of déjà vu about the Paris attacks.

Once again, there is that same sense of shock. The same shocking images of carnage and grief dominating the news. The same disbelief that anyone could be so hateful, so monstrous, so evil as to do this to another human being. The same outpourings of support and unity from around the world. The same shared fear that this could easily have happened to us or our loved ones.

Now the drums of war are sounding. French fighter jets have carried out a series of “symbolic” air strikes on Syrian targets. France’s borders have been closed, Paris has been locked down and military personnel are patrolling its streets.

What remains to be seen is whether France, standing where the United States did 14 years ago, will follow in America’s footsteps as she grapples with the best way to shore up her defenses, where to draw the delicate line in balancing security with liberty, and what it means to secure justice for those whose lives were taken.

Here are some of the lessons we in the United States learned too late about allowing our freedoms to be eviscerated in exchange for the phantom promise of security.

Beware of mammoth legislation that expands the government’s powers at the citizenry’s expense. Rushed through Congress a mere 45 days after the 9/11 attacks, the USA Patriot Act drove a stake through the heart of the Bill of Rights, undermined civil liberties, expanded the government’s powers and opened the door to far-reaching surveillance by the government on American citizens.

Pre-emptive strikes will only lead to further blowback. Not content to wage war against Afghanistan, which served as the base for Osama bin Laden, the U.S. embarked on a pre-emptive war against Iraq in order to “stop any adversary challenging America’s military superiority and adopt a strike-first policy against terrorist threats ‘before they’re fully formed.’” We are still suffering the consequences of this failed policy, which has resulted in lives lost, taxpayer dollars wasted, the fomenting of hatred against the U.S. and the further radicalization of terrorist cells.

War is costly. There are many reasons to go to war, but those who have advocated that the U.S. remain at war, year after year, are the very entities that have profited most from these endless military occupations and exercises. Thus far, the U.S. taxpayer has been made to shell out more than $1.6 trillion on “military operations, the training of security forces in Afghanistan and Iraq, weapons maintenance, base support, reconstruction, embassy maintenance, foreign aid, and veterans’ medical care, as well as war-related intelligence operations not tracked by the Pentagon” since 2001. Other estimates that account for war-related spending, veterans’ benefits and various promissory notes place that figure closer to $4.4 trillion. That also does not include the more than 210,000 civilians killed so far, or the 7.6 million refugees displaced from their homes as a result of the endless drone strikes and violence.

Advocating torture makes you no better than terrorists. The horrors that took place at Abu Ghraib, the American-run prison in Iraq, continue to shock those with any decency. Photographs leaked to the media depicted “US military personnel humiliating, hurting and abusing Iraqi prisoners in a myriad of perverse ways. While American servicemen and women smiled and gave thumbs up, naked men were threatened by dogs, or were hooded, forced into sexual positions, placed standing with wires attached to their bodies, or left bleeding on prison floors.” Adding to the descent into moral depravity, the United States government legalized the use of torture, including waterboarding, in violation of international law and continues to sanction human rights violations in the pursuit of national security. The ramifications have been far-reaching, with local police now employing similar torture tactics at secret locations such as Homan Square in Chicago.

Allowing the government to spy on the citizenry will not reduce acts of terrorism, but it will result in a watched, submissive, surveillance society. A byproduct of this post 9/11-age in which we live, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether the NSA or some other entity, is listening in and tracking your behavior. This doesn’t even begin to touch on the corporate trackers such as Google that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere. We are all becoming data collected in government files. The chilling effect of this endless surveillance is a more anxious and submissive citizenry.

Don’t become so distracted by the news cycle that you lose sight of what the government is doing. The average American has a hard time keeping up with and remembering all of the “events,” manufactured or otherwise, which occur like clockwork and keep us distracted, deluded, amused, and insulated from the reality of the American police state. Whether these events are critical or unimportant, 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. In this way, regularly scheduled trivia and/or distractions that keep the citizenry tuned into the various breaking news headlines and entertainment spectacles also keep them tuned out to the government’s steady encroachments on their freedoms.

If you stop holding the government accountable to the rule of law, the only laws it abides by will be the ones used to clamp down on the citizenry. Having failed to hold government officials accountable to abiding by the rule of law, the American people have found themselves saddled with a government that skirts, flouts and violates the Constitution with little consequence. Overcriminalization, asset forfeiture schemes, police brutality, profit-driven prisons, warrantless surveillance, SWAT team raids, indefinite detentions, covert agencies, and secret courts are just a few of the egregious practices carried out by a government that operates beyond the reach of the law.

Do not turn your country into a battlefield, your citizens into enemy combatants, and your law enforcement officers into extensions of the military. A standing army—something that propelled the early colonists into revolution—strips the citizenry of any vestige of freedom. How can there be any semblance of freedom when there are tanks in the streets, military encampments in cities, Blackhawk helicopters and armed drones patrolling overhead? It was for this reason that those who established America vested control of the military in a civilian government, with a civilian commander-in-chief. They did not want a military government, ruled by force. Rather, they opted for a republic bound by the rule of law: the U.S. Constitution. Unfortunately, we in America now find ourselves struggling to retain some semblance of freedom in the face of police and law enforcement agencies that look and act like the military and have just as little regard for the Fourth Amendment, laws such as the NDAA that allow the military to arrest and indefinitely detain American citizens, and military drills that acclimate the American people to the sight of armored tanks in the streets, military encampments in cities, and combat aircraft patrolling overhead.

As long as you remain fearful and distrustful of each other, you will be incapable of standing united against any threats posed by a power-hungry government. Early on, U.S. officials solved the problem of how to implement their authoritarian policies without incurring a citizen uprising: fear. The powers-that-be want us to feel threatened by forces beyond our control (terrorists, shooters, bombers). They want us afraid and dependent on the government and its militarized armies for our safety and well-being. Most of all, they want us distrustful of each other, divided by our prejudices, and at each other’s throats.

If you trade your freedom for security, the terrorists win. We’ve walked a strange and harrowing road since September 11, 2001, littered with the debris of our once-vaunted liberties. We have gone from a nation that took great pride in being a model of a representative democracy to being a model of how to persuade a freedom-loving people to march in lockstep with a police state. And in so doing, we have proven Osama Bin Laden right. He warned that “freedom and human rights in America are doomed. The U.S. government will lead the American people in — and the West in general — into an unbearable hell and a choking life.”

To sum things up, the destruction that began with the 9/11 terror attacks has expanded into an all-out campaign of terror, trauma, acclimation and indoctrination aimed at getting Americans used to life in the American Police State. The bogeyman’s names and faces change over time, but the end result remains the same: our unquestioning acquiescence to anything the government wants to do in exchange for the phantom promise of safety and security has transitioned us to life in a society where government agents routinely practice violence on the citizens while, in conjunction with the Corporate State, spying on the most intimate details of our personal lives.

The lesson learned, as I document in my book Battlefield America: The War on the American People, is simply this: once you start down the road towards a police state, it will be very difficult to turn back.

“The Deep State: The Unelected Shadow Government Is Here to Stay” by John W. Whitehead

Posted: November 10, 2015 in Uncategorized
Tags: 2016 presidential election, bunkers, COG, COld War, continuity of government, Corporate America, corporations, Deep State, extremism, George W. Bush, government contractors, main core, military industrial complex, Mount Weather, Peters Mountain, Say Something, See Something, shadow government, surveillance, underground bunkers, William M. Arkin

“Behind the ostensible government sits enthroned an invisible government, owing no allegiance and acknowledging no responsibility to the people.” ― Theodore Roosevelt

America’s next president will inherit more than a bitterly divided nation teetering on the brink of financial catastrophe when he or she assumes office. He will also inherit a shadow government, one that is fully operational and staffed by unelected officials who are, in essence, running the country.

To be precise, however, the future president will actually inherit not one but two shadow governments.

The first shadow government, referred to as COG or continuity of government, is made up of unelected individuals who have been appointed to run the government in the event of a “catastrophe.”

The second shadow government, referred to as the Deep State, is comprised of unelected government bureaucrats, corporations, contractors, paper-pushers, and button-pushers who are actually calling the shots behind the scenes right now.

The first shadow government, COG, is a phantom menace waiting for the right circumstances—a terrorist attack, a natural disaster, an economic meltdown—to bring it out of the shadows, where it operates even now. When and if COG takes over, the police state will transition to martial law.

Yet as I point out in my book Battlefield America: The War on the American People, it is the second shadow government, the Deep State, which poses the greater threat to our freedoms. This permanent, corporatized, militarized, entrenched bureaucracy is unaffected by elections, unaltered by populist movements, and beyond the reach of the law.

This is the hidden face of the police state.

These two shadow governments, which make a mockery of representative government and the “reassurance ritual” of voting, have been a long time in the making. Yet they have been so shrouded in secrecy, well hidden from the eyes and ears of the American people, that they exist and function in contravention to the principles of democratic government.

As the following makes clear, these shadow governments, which operate beyond the reach of the Constitution and with no real accountability to the citizenry, are the reason why “we the people” have no control over our government.

The COG shadow government plan was devised during the Cold War as a means of ensuring that a nuclear strike didn’t paralyze the federal government.

COG initially called for three teams consisting of a cabinet member, an executive chief of staff and military and intelligence officials to practice evacuating and directing a counter nuclear strike against the Soviet Union from a variety of high-tech, mobile command vehicles. If the president and vice president were both killed, one of these teams would take control, with the ranking cabinet official serving as president.

This all changed after the attacks of September 11, 2001, when it became clear that there would be no warning against a terrorist attack. Instead of waiting until an attack occurred to mobilize part-time bureaucrats and activate evacuation schemes, George W. Bush opted to change COG and establish a full-time, permanent shadow government, stationed outside the capital, run by permanently appointed (not elected) executive officials.

COG has since taken on a power—and a budget—of its own.

Incredibly, under the Obama administration, the plans for the shadow government have expanded and grown far more elaborate and costly than many realize. It is what investigative journalist William M. Arkin refers to as “the latest manifestation of an obsession with government survival.”

In much the same way that the nation was taken hostage after 9/11 by color-coded terror alerts and “See Something, Say Something” campaigns that transformed us into a fearful, watchful nation of suspects, the government’s efforts to prepare us for a so-called national disaster have, in turn, left us a constant state of near-emergency and acclimated us to the sight of militarized police, military drills on American soil, privatized prisons, the specter of internment camps, and the erosion of constitutional rights, especially as they pertain to so-called “extremists,” domestic or otherwise.

Study the COG plans carefully, however, and you’ll find that the concern isn’t so much about protecting our government as it is about protecting the nation’s governmental elite.

As Arkin reports: “Countless billions have been spent on this endeavor over the years, a secret orgy of preparedness going on behind the scenes, one that ensures Washington can defend itself, take care of its own, and survive no matter what.”

To this end, the government has invested heavily in the “architecture of fear”: massive underground bunkers—the size of small cities—which are sprinkled throughout the country for the government elite to escape to “in case of an imminent nuclear strike so that they can set up a kind of Administration-in-exile, directing every order of business from retaliation to recovery.”

These bunkers, strategically located around the nation’s capital and in key states, represent a who’s who on the shadow government’s payroll, with every department and agency represented, from the Department of Education and the Trademark Office to the Small Business Administration and the National Archives.

No sector has been overlooked: military, surveillance, counterintelligence, scientific, political, judicial, corporate contractors, as well as computer programmers, engineers, fire fighters, craftsmen, security guards, branch chiefs, financial managers, supply officers, secretaries and stenographers, all of whom have been entrusted with special ID cards allowing them clearance into the doomsday survival sites. They’ve even included individuals tasked with patent and trademark processing. They even have contingency plans to save priceless works of art.

The Federal Relocation Arc near Washington DC will reportedly serve as the emergency bunker for “every Cabinet department (and every government organization deemed essential).” Site R, a 700,000-foot facility inside Raven Rock Mountain near Camp David, will serve as a backup Pentagon. Peters Mountain near Charlottesville, Va., is the likely site for the nation’s domestic spies to hide out. Congress will retire to a subterranean facility near the posh Greenbrier resortin West Virginia, which served as an internment facility for Japanese, Italian and German diplomats during World War II. And a 600,000-square-foot complex inside Virginia’s Mount Weather is expected to be the primary relocation site for the White House, the Supreme Court and much of the executive branch.

Built into the side of a mountain, Mount Weather, near Bluemont, Va., is staffed 24 hours a day, seven days a week. This self-contained facility contains, among other things, a hospital, crematorium, dining and recreation areas, sleeping quarters, reservoirs of drinking and cooling water, an emergency power plant, a radio/television studio and a full-time police and fire department.

There is also an Office of the Presidency at Mount Weather, which regularly receives top-secret national security information from all the federal departments and agencies. This facility was largely unknown to everyone, including Congress, until it came to light in the mid-1970s. Military personnel connected to the bunker have refused to reveal any information about it, even before congressional committees. In fact, Congress has no oversight, budgetary or otherwise, on Mount Weather, and the specifics of the facility remain top-secret.

These facilities reinforce a troubling government mindset that treats the American people as relatively insignificant and expendable. Because you know who’s not on the list of key-individuals-to-be-saved-in-the-eventuality-of-a-disaster? You and me and every other American citizen who is viewed as a mere economic unit to be tallied, bought and sold by those in power.

Not to worry, however. The government hasn’t completely forgotten about us.

In the event of a “national emergency”—loosely defined as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions”—the executive branch and its unelected appointees will be given unchecked executive, legislative and judicial power.

In such an event, the Constitution will effectively be suspended, thereby ushering in martial law.

However, writing for Radar magazine, Christopher Ketcham suggests that the government won’t have completely forgotten about the rest of us. In fact, Ketcham believes that the government also has plans to imprison hundreds of thousands of “potentially suspect” Americans in detention camps.

Ketcham describes a program created by the Department of Homeland Security that relies on a database of Americans who might be considered potential threats in the event of a national emergency. Referred to by the code name Main Core, this database reportedly contains the names of millions of Americans who, “often for the slightest and most trivial reason, are considered unfriendly, and who, in a time of panic, might be incarcerated. The database can identify and locate perceived ‘enemies of the state’ almost instantaneously.”

Sounds unnervingly like the objectives of the government’s new Domestic Terrorism Czar and the Strong Cities network, which will be working to identify and target potential extremists, doesn’t it?

Under Ketcham’s scenario, if a terrorist attack occurs, the president will declare a national emergency, activating COG procedures and throwing the country into martial law with the shadow government at the helm. The administration will then round up the “dangerous” Americans listed in Main Core and place them in one of the many internment camps or private prisons built for just such an eventuality.

For all intents and purposes, the nation is one national “emergency” away from having a full-fledged, unelected, authoritarian state emerge from the shadows. All it will take is the right event—another terrorist attack, perhaps, or a natural disaster—for such a regime to emerge from the shadows.

As unnerving as that prospect may be, however, it is the second shadow government, what former congressional staffer Mike Lofgren refers to as “the Deep State, which operates according to its own compass heading regardless of who is formally in power,” that poses the greater threat right now.

Consider this: how is it that partisan gridlock has seemingly jammed up the gears (and funding sources) in Washington, yet the government has been unhindered in its ability to wage endless wars abroad, in the process turning America into a battlefield and its citizens into enemy combatants?

The credit for such relentless, entrenched, profit-driven governance, according to Lofgren, goes to “another government concealed behind the one that is visible at either end of Pennsylvania Avenue, a hybrid entity of public and private institutions ruling the country according to consistent patterns in season and out, connected to, but only intermittently controlled by, the visible state whose leaders we choose.”

This “state within a state” hides “mostly in plain sight, and its operators mainly act in the light of day,” says Lofgren, and yet the “Deep State does not consist of the entire government.”

Rather, Lofgren continues:

It is a hybrid of national security and law enforcement agencies: the Department of Defense, the Department of State, the Department of Homeland Security, the Central Intelligence Agency and the Justice Department. I also include the Department of the Treasury because of its jurisdiction over financial flows, its enforcement of international sanctions and its organic symbiosis with Wall Street.

All these agencies are coordinated by the Executive Office of the President via the National Security Council. Certain key areas of the judiciary belong to the Deep State, such as the Foreign Intelligence Surveillance Court, whose actions are mysterious even to most members of Congress. Also included are a handful of vital federal trial courts, such as the Eastern District of Virginia and the Southern District of Manhattan, where sensitive proceedings in national security cases are conducted.

The final government component (and possibly last in precedence among the formal branches of government established by the Constitution) is a kind of rump Congress consisting of the congressional leadership and some (but not all) of the members of the defense and intelligence committees. The rest of Congress, normally so fractious and partisan, is mostly only intermittently aware of the Deep State and when required usually submits to a few well-chosen words from the State’s emissaries.

In an expose titled “Top Secret America,” The Washington Post revealed the private side of this shadow government, made up of 854,000 contract personnel with top-secret clearances, “a number greater than that of top-secret-cleared civilian employees of the government.”

Reporting on the Post’s findings, Lofgren points out:

These contractors now set the political and social tone of Washington, just as they are increasingly setting the direction of the country, but they are doing it quietly, their doings unrecorded in the Congressional Record or the Federal Register, and are rarely subject to congressional hearings…

The Deep State not only holds the nation’s capital in thrall, but it also controls Wall Street (“which supplies the cash that keeps the political machine quiescent and operating as a diversionary marionette theater”) and Silicon Valley.

As Lofgren concludes:

[T]he Deep State is so heavily entrenched, so well protected by surveillance, firepower, money and its ability to co-opt resistance that it is almost impervious to change… If there is anything the Deep State requires it is silent, uninterrupted cash flow and the confidence that things will go on as they have in the past. It is even willing to tolerate a degree of gridlock: Partisan mud wrestling over cultural issues may be a useful distraction from its agenda.

Remember this the next time you find yourselves mesmerized by the antics of the 2016 presidential candidates or drawn into a politicized debate over the machinations of Congress, the president or the judiciary: it’s all intended to distract you from the fact that you have no authority and no rights in the face of the shadow governments.

‘Government Cannot Discriminate Against Offensive Speech’: Rutherford Institute Argues for First Amendment Protection for Redskins’ Name

Posted: November 7, 2015 in Uncategorized
Tags: first amendment, football, free speech, political correctness, Redskins

RICHMOND, Va. —The Rutherford Institute has asked a federal appeals court to reject a lower court ruling that confers sweeping power on the government to police private ideas and equates a trademark registration with a form of government-sanctioned speech. Weighing in before the U.S. Court of Appeals for the Fourth Circuit in Pro-Football, Inc. v. Amanda Blackhorse, et al., attorneys for The Rutherford Institute and The Cato Institute argue that a district court order allowing the government to cancel the federal trademark registration of the NFL Redskins and refuse registration to other applications it deems “offensive” constitutes blatant content and viewpoint discrimination and imposes a “hecklers veto” on speech that violates the First Amendment’s protection of even unpopular speech.

In a related matter, attorneys for The Rutherford Institute have filed an amicus brief in In re: Simon Shiao Tam, coming to the defense of “The Slants,” an Asian-American dance rock band whose trademark application was denied by the U.S. Patent and Trademark Office on the grounds that the trademark might disparage or offend persons of Asian heritage.

Click here to read The Rutherford Institute’s amicus brief in Pro-Football, Inc. v. Amanda Blackhorse .

“Whether the debate is over a trademark for the Slants, the Redskins, or a specialty license plate for the Sons of Confederate Veterans, the sticking point remains the same: how much do we really value the First Amendment, and how far are we willing to go to protect someone else’s freedom of speech, even if that speech might be offensive to some?” asked constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “The end result remains the same: outright censorship and the creation of a class system that renders speech perceived as politically incorrect, hateful or offensive as inferior and less entitled to the full protection of the law.”

The Redskins have been waging a 20-year battle to protect the football team’s name in the face of charges that it is offensive to Native Americans. In 2014, the Trademark Trial and Appeal Board voted to cancel the Redskins’ trademark, declaring it to be offensive to Native Americans and therefore in violation of the Lanham Act, which prohibits names that “may disparage” or bring people into contempt or disrepute. In asserting the team’s First Amendment right to retain its name, the Redskins argued that the team name is a valuable commodity, in which the NFL team has invested millions of dollars for promotions and protections of trademarks. Moreover, the team claims that the Redskins name honors Native Americans rather than disrespecting them. The Redskins brought an action challenging the TTAB’s cancellation of the trademarks in Virginia federal district court, but that court upheld the ruling asserting that cancellation did not violate any First Amendment rights of the Redskins.

In challenging the district court’s ruling, The Rutherford Institute argued that the trademark statute allowing cancellation or denial of registration if a mark “may disparage” a particular group is unconstitutional on its face because it discriminates against speech that a government official or body considers inappropriate or offensive.

Affiliate attorneys Megan L. Brown, Joshua Turner, Christopher Kelly, Jennifer Elgin, and Dwayne D. Sam of Wiley Rein LLP in Washington, D.C., assisted The Rutherford Institute and The Cato Institute in advancing the arguments in thePro-Football, Inc., brief.

Federal Appeals Court Refuses to Reconsider Decision Upholding 60-Year-Old Ban on Expressive Activity on U.S. Supreme Court Plaza

Posted: November 6, 2015 in Uncategorized
Tags: first amendment, free speech, harold hodge, supreme court

Screen Shot 2015-09-01 at 9.56.09 AM WASHINGTON, DC — A federal appeals court has summarily rejected a request that it reconsider its ruling that a 60-year old federal statute criminalizing expressive First Amendment activity on the Supreme Court plaza is “reasonable” and does not violate the First Amendment, setting up an appeal to the U.S. Supreme Court.

The U.S. Court of Appeals for the District of Columbia denied without explanation a petition for rehearing filed by The Rutherford Institute in Hodge v. Talkin, in which Institute attorneys pointed out that the ruling by a three-judge panel of the Court upholding the ban on speech on the plaza conflicts with earlier decisions construing a nearly-identical statute. The panel decision reversed a lower court decision finding the ban to be “repugnant” to the Constitution and “unreasonable, substantially overbroad, and irreconcilable with the First Amendment.” Rutherford Institute attorneys filed the lawsuit on behalf of activist Harold Hodge, who was arrested while standing silently in front of the U.S. Supreme Court on a snowy day wearing a sign voicing his concerns about the government’s disparate treatment of African-Americans and Hispanics.

“Through a series of carefully crafted legislative steps and politically expedient court rulings, government officials have managed to disembowel this fundamental freedom, rendering the First Amendment with little more meaning than the right to file a lawsuit against government officials,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Ironically, when we appeal this case, it will be the justices of the U.S. Supreme Court who will eventually be asked to decide the constitutionality of their own statute, yet they have already made their views on the subject quite clear.”

On January 28, 2011, Harold Hodge quietly and peacefully stood in the plaza area near the steps leading to the United States Supreme Court Building, wearing a 3’ X 2’ sign around his neck that proclaimed: “The U.S. Gov. Allows Police To Illegally Murder And Brutalize African Americans And Hispanic People.” The plaza is a place where the public is allowed to gather and converse, and is in all relevant respects like a public square or park where citizens have traditionally met to express their views on matters of public interest. However, Hodge was handcuffed, placed under arrest, and then transported to U.S. Capitol Police Headquarters for violating 40 U.S.C. § 6135, which broadly makes it unlawful to display any flag, banner, or device designed to bring into public notice a party, organization, or movement while on the grounds of the U.S. Supreme Court, thereby banning expressive activity on the Supreme Court plaza. Rutherford Institute attorneys subsequently filed a lawsuit challenging § 6135, and in June 2013 a district court judge struck down the law finding it “plainly unconstitutional on its face.” In response, the government not only appealed that ruling, but the marshal for the Supreme Court—with the approval of Chief Justice John Roberts—issued even more strident regulations outlawing expressive activity on the grounds of the high court, including the plaza. Rutherford Institute attorneys have since filed a related lawsuit challenging the Supreme Court’s more strident regulations.

Affiliate attorney Jeffrey Light is assisting The Rutherford Institute with Hodge.

The Real Issues You Won’t Hear from the 2016 Presidential Candidates This Election Year by John W. Whitehead

Posted: November 3, 2015 in Uncategorized
Tags: 2016 presidential election, asset forfeiture, black budget ops, civics education, cost of war, education, federal contractors, militarized police, national debt, oligarchy, police, police state, prisons, private prisons, private property, strip searches, surveillance, SWAT team raids

“Apparently, a democracy is a place where numerous elections are held at great cost without issues and with interchangeable candidates.”—Gore Vidal

The countdown has begun.

We now have less than one year until the 2016 presidential election, and you can expect to be treated to an earful of carefully crafted, expensive sound bites and political spin about climate change, education, immigration, taxes and war.

Despite the dire state of our nation, however, you can rest assured that none of the problems that continue to undermine our freedoms will be addressed in any credible, helpful way by any of the so-called viable presidential candidates and certainly not if doing so might jeopardize their standing with the unions, corporations or the moneyed elite bankrolling their campaigns.

The following are just a few of the issues that should be front and center in every presidential debate. That they are not is a reflection of our willingness as citizens to have our political elections reduced to little more than popularity contests that are, in the words of Shakespeare, “full of sound and fury, signifying nothing.”

The national debt. Why aren’t politicians talking about the whopping $18.1 trillion and rising that our government owes to foreign countries, private corporations and its retirement programs? Not only is the U.S. the largest debtor nation in the world, but according to Forbes, “the amount of interest on the national debt is estimated to be accumulating at a rate of over one million dollars per minute.” Shouldn’t the government being on the verge of bankruptcy be an issue worth talking about?

Black budget spending. It costs the American taxpayer $52.6 billion every year to be spied on by the sixteen or so intelligence agencies tasked with surveillance, data collection, counterintelligence and covert activities. The agencies operating with black budget (top secret) funds include the CIA, NSA and Justice Department. Clearly, our right to privacy seems to amount to nothing in the eyes of the government and those aspiring to office.

Government contractors. Despite all the talk about big and small government, what we have been saddled with is a government that is outsourcing much of its work to high-paid contractors at great expense to the taxpayer and with no competition, little transparency and dubious savings. According to the Washington Post, “By some estimates, there are twice as many people doing government work under contract than there are government workers.” These open-ended contracts, worth hundreds of millions of dollars, “now account for anywhere between one quarter and one half of all federal service contracting.” Moreover, any attempt to reform the system is “bitterly opposed by federal employee unions, who take it as their mission to prevent good employees from being rewarded and bad employees from being fired.”

Cost of war. Then there’s the detrimental impact the government’s endless wars (fueled by the profit-driven military industrial complex) is having on our communities, our budget and our police forces. In fact, the U.S. Department of Defense is the world’s largest employer, with more than 3.2 million employees. Since 9/11, we’ve spent more than $1.6 trillion to wage wars in Afghanistan and Iraq. When you add 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.

Education. Despite the fact that the U.S. spends more on education than any other developed nation, our students continue to lag significantly behind other advanced industrial nations. Incredibly, teenagers in the U.S. ranked 36th in the world in math, reading and science.

Civics knowledge. Americans know little to nothing about their rights or how the government is supposed to operate. This includes educators and politicians. For example, 27 percent of elected officials cannot name even one right or freedom guaranteed by the First Amendment, while 54 percent do not know the Constitution gives Congress the power to declare war. As one law professor notes:

Only 36 percent of Americans can name the three branches of government. Fewer than half of 12th grade students can describe the meaning of federalism. Only 35% of teenagers can identify “We the People” as the first three words of the Constitution. Fifty-eight percent of Americans can’t identify a single department in the United States Cabinet. Only 5% of high school seniors can identify checks on presidential power, only 43% could name the two major political parties, only 11% knew the length of a Senator’s term, and only 23% could name the first President of the United States.

A citizenry that does not know its rights will certainly not rebel while they are being systematically indoctrinated into compliance.

Asset forfeiture. Under the guise of fighting the war on drugs, government agents (usually the police) have been given broad leeway to seize billions of dollars’ worth of private property (money, cars, TVs, etc.) they “suspect” may be connected to criminal activity. Then—and here’s the kicker—whether or not any crime is actually proven to have taken place, the government keeps the citizen’s property, often divvying it up with the local police who did the initial seizure. The police are actually being trained in seminars on how to seize the “goodies” that are on police departments’ wish lists. According to the New York Times, seized monies have been used by police to “pay for sports tickets, office parties, a home security system and a $90,000 sports car.”

Surveillance. Not only is the government spying on Americans’ phone calls and emails, but police are also being equipped with technology such as Stingray devices that can track your cell phone, as well as record the content of your calls and the phone numbers dialed. That doesn’t even touch on what the government’s various aerial surveillance devices are tracking, or the dangers posed to the privacy and safety of those on the ground. Just recently, a 243-foot, multi-billion dollar military surveillance blimp drifted off, leaving a path of wreckage and power outages in its wake, before finally crash landing.

Police misconduct. Americans have no protection against police abuse. It is no longer unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later. What is increasingly common, however, is the news that the officers involved in these incidents get off with little more than a slap on the hands. Moreover, while increasing attention has been paid to excessive police force, sexual misconduct by police has been largely overlooked. A year-long investigation by the Associated Press “uncovered about 1,000 officers who lost their badges in a six-year period” for sexual misconduct. “Victims included unsuspecting motorists, schoolchildren ordered to raise their shirts in a supposed search for drugs, police interns taken advantage of, women with legal troubles who succumbed to performing sex acts for promised help, and prison inmates forced to have sex with guards.” Yet the numbers are largely underreported, covered up by police departments that “stay quiet about improprieties to limit liability, allowing bad officers to quietly resign, keep their certification and sometimes jump to other jobs.”

Prison population. With more than 2 million Americans in prison, and close to 7 million adults in correctional care, the United States has the largest prison population in the world. Many of the nation’s privately run prisons—a $5 billion industry—require the state to keep the prisons at least 90 percent full at all times, “regardless of whether crime was rising or falling.” As Mother Jones reports, “private prison companies have supported and helped write ‘three-strike’ and ‘truth-in-sentencing’ laws that drive up prison populations. Their livelihoods depend on towns, cities, and states sending more people to prison and keeping them there.” Private prisons are also doling out harsher punishments for infractions by inmates in order to keep them locked up longer in order to “boost profits” at taxpayer expense. All the while, the prisoners are being forced to provide cheap labor for private corporations.

SWAT team raids. Over 80,000 SWAT team raids are conducted on American homes and businesses each year. Police agencies, already empowered to crash through your door if they suspect you’re up to no good, now have radars that allow them to “see” through the walls of your home.

Oligarchy. We are no longer a representative republic. The U.S. has become a corporate oligarchy. As a Princeton University survey indicates, our elected officials, especially those in the nation’s capital, represent the interests of the rich and powerful rather than the average citizen.

Young people. Nearly one out of every three American children live in poverty, ranking America among the worst countries in the developed world. Patrolled by police, our schools have become little more than quasi-prisons in which kids as young as age 4 are being handcuffed for “acting up,” subjected to body searches and lockdowns, and suspended for childish behavior.

Private property. Private property means little at a time when SWAT teams and other government agents can invade your home, break down your doors, kill your dog, wound or kill you, damage your furnishings and terrorize your family. Likewise, if government officials can fine and arrest you for growing vegetables in your front yard, praying with friends in your living room, installing solar panels on your roof, and raising chickens in your backyard, you’re no longer the owner of your property.

Strip searches. Court rulings undermining the Fourth Amendment and justifying invasive strip searches have left us powerless against police empowered to forcefully draw our blood, forcibly take our DNA, strip search us, and probe us intimately. Accounts are on the rise of individuals—men and women alike—being subjected to what is essentially government-sanctioned rape by police in the course of “routine” traffic stops.

Fiscal corruption. If there is any absolute maxim by which the federal government seems to operate, it is that the American taxpayer always gets ripped off. This is true, whether you’re talking about taxpayers being forced to fund high-priced weaponry that will be used against us, endless wars that do little for our safety or our freedoms, or bloated government agencies such as the National Security Agency with its secret budgets, covert agendas and clandestine activities. Rubbing salt in the wound, even monetary awards in lawsuits against government officials who are found guilty of wrongdoing are paid by the taxpayer.

Militarized police. Americans are powerless in the face of militarized police. In early America, government agents were not permitted to enter one’s home without permission or in a deceitful manner. And citizens could resist arrest when a police officer tried to restrain them without proper justification or a warrant. Daring to dispute a warrant with a police official today who is armed with high-tech military weapons would be nothing short of suicidal. Moreover, as police forces across the country continue to be transformed into extensions of the military, Americans are finding their once-peaceful communities transformed into military outposts, complete with tanks, weaponry, and other equipment designed for the battlefield.

These are not problems that can be glibly dismissed with a few well-chosen words, as most politicians are inclined to do. Nor will the 2016 elections do much to alter our present course towards a police state. Indeed, it is doubtful whether the popularity contest for the new occupant of the White House will significantly alter the day-to-day life of the average American greatly at all. Those life-changing decisions are made elsewhere, by nameless, unelected government officials who have turned bureaucracy into a full-time and profitable business.

As I point out in my book Battlefield America: The War on the American People, these problems will continue to plague our nation unless and until Americans wake up to the fact that we’re the only ones who can change things for the better and then do something about it.

This was a recurring theme for Martin Luther King Jr., who urged Americans to engage in militant nonviolent resistance in response to government corruption. In a speech delivered just a few months before his assassination, King called on Americans to march on Washington in order to take a stand against the growing problems facing the nation—problems that were being ignored by those in office because they were unpopular, not profitable or risky. “I don’t determine what is right and wrong by looking at the budget of the Southern Christian Leadership Conference. Nor do I determine what is right and wrong by taking a Gallup poll of the majority opinion,” remarked King. “Ultimately a genuine leader is not a searcher of consensus but a molder of consensus.”

Guided by Gallup polls, influenced by corporate lobbyists, and molded by party politics, the 2016 presidential candidates are playing for high stakes, but they are not looking out for the best interests of “we the people.” As King reminds us:

“Cowardice asks the question, ‘Is it safe?’ Expediency asks the question, ‘Is it politic?’ And Vanity comes along and asks the question, ‘Is it popular?’ But Conscience asks the question ‘Is it right?’ And there comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must do it because Conscience tells him it is right.”

Rutherford Institute Challenges Virginia Over Its Cancellation, Revocation and Recall of License Plates Displaying the Confederate Flag

Posted: October 30, 2015 in Uncategorized
Tags: Confederate flag, DMV, first amendment, free speech, license plate, SCV

LAWRENCEVILLE, Va. — Attorneys for The Rutherford Institute have filed a petition with a Virginia Circuit Court challenging an order of the state Department of Motor Vehicles (DMV) cancelling, revoking and/or demanding the return of specialty commemorative license plates issued to the Sons of Confederate Veterans (SCV) bearing the Confederate battle flag on the grounds that such a recall is unauthorized by Virginia law and beyond the power of the DMV. The DMV’s order comes in the wake of a U.S. Supreme Court decision holding that states issuing specialty license plates may engage in viewpoint discrimination when granting applications for specialty license plate designs. However, in the petition challenging the DMV’s September 2015 order, Rutherford Institute attorneys assert the order is unlawful and does not comply with Virginia statutes relating to the cancellation and recall of license plates.

“No matter what the U.S. Supreme Court might say about the matter, the First Amendment is unmistakably clear about the fact that the government has no right to dictate how we should act, what we should believe or what we should say, nor should it be in the business of determining what is or is not offensive, whether such expression appears on a license plate, a T-shirt, or a protest sign,” said John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People.

Under Virginia law, specialty Virginia license plates bearing an organization’s logo and motto in addition to letters and numbers as found on other Virginia license plates may be issued to members and supporters of various organizations or groups. In 1999, The Rutherford Institute and the Sons of Confederate Veterans (SCV), a non-profit organization dedicated to preserving the history and legacy of citizen-soldiers who fought for the Confederacy in the Civil War, brought a lawsuit against Virginia and the DMV challenging its refusal to include the logo of the SCV which includes the Confederate battle flag. A federal district court ruled in 2001 that the State’s refusal to include the Confederate battle flag on SCV specialty plates constituted viewpoint discrimination in violation of the First Amendment. This ruling was upheld by the Fourth Circuit Court of Appeals in 2002.

Shortly thereafter, the DMV began issuing SCV specialty license plates which included a display of the Confederate battle flag. However, in June 2015, the U.S. Supreme Court ruled in Walker v. Tex. Div. of SCV that specialty license plates do not represent the speech of the individual motorists who purchase them, and that Texas could refuse to issue plates with the SCV’s Confederate battle flag logo. Following the ruling, Virginia’s DMV was granted permission by a federal court to be relieved from the orders entered in 2001 and 2002 respecting the SCV specialty plates. Soon after, the DMV notified SCV members that the previously-issued plates had been cancelled and were being recalled. In legal papers filed with the Circuit Court for Brunswick County, on behalf of Leonard Tracy Clary, Rutherford Institute attorneys challenge the DMV’s decision to cancel, revoke and/or demand the return of the SCV license plates, while ordering that recipients display new plates that do not bear the true logo of the SCV, which includes the Confederate battle flag.

Attorney Fred D. Taylor of Bush & Taylor, P.C., in Suffolk, Va., is assisting The Rutherford Institute in representing Clary and challenging the DMV order.

LEGAL ACTION

Click here to read The Rutherford Institute’s petition for review in Clary v. Virginia DMV

John W. Whitehead, Constitutional Attorney

Whitehead’s NEW Book: Battlefield America

A Government of Wolves

John W. Whitehead

Recent Posts

Archives

Follow me on Twitter

The Rutherford Institute

Categories

Meta