Posts Tagged ‘Constitution’

A Nanny State Idiocracy: A Tale of Too Many Laws and Too Little Freedom

Posted: May 15, 2024 in Uncategorized
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“Whether the mask is labeled fascism, democracy, or dictatorship of the proletariat, our great adversary remains the apparatus—the bureaucracy, the police, the military.”—Simone Weil, French philosopher

We are caught in a vicious cycle of too many laws, too many cops, and too little freedom.

It’s hard to say whether we’re dealing with a kleptocracy (a government ruled by thieves), a kakistocracy (a government run by unprincipled career politicians, corporations and thieves that panders to the worst vices in our nature and has little regard for the rights of American citizens), or a Nanny State Idiocracy. 

Whatever the label, this overbearing despotism is what happens when government representatives (those elected and appointed to work for us) adopt the authoritarian notion that the government knows best and therefore must control, regulate and dictate almost everything about the citizenry’s public, private and professional lives.

The government’s bureaucratic attempts at muscle-flexing by way of overregulation and overcriminalization have reached such outrageous limits that federal and state governments now require on penalty of a fine that individuals apply for permission before they can grow exotic orchids, host elaborate dinner parties, gather friends in one’s home for Bible studies, give coffee to the homeless, let their kids manage a lemonade stand, keep chickens as pets, or braid someone’s hair, as ludicrous as that may seem.

As the Regulatory Transparency Project explains, “There are over 70 federal regulatory agencies, employing hundreds of thousands of people to write and implement regulations. Every year, they issue about 3,500 new rules, and the regulatory code now is over 168,000 pages long.”

In his CrimeADay Twitter feed, Mike Chase highlights some of the more arcane and inane laws that render us all guilty of violating some law or other.

As Chase notes, it’s against the law to try to make an unreasonable noise while a horse is passing by in a national park; to leave Michigan with a turkey that was hunted with a drone; to refill a liquor bottle with different liquor than it had in it when it was originally filled; to offer to buy swan feathers so you can make a woman’s hat with them; to enter a design in the Federal Duck Stamp contest if waterfowl are not the dominant feature of the design; to transport a cougar without a cougar license; to sell spray deodorant without telling people to avoid spraying it in their eyes; and to transport “meat loaf” unless it’s in loaf form.

In such a society, we are all petty criminals.

In fact, Boston lawyer Harvey Silvergate estimates that the average American now unknowingly commits three felonies a day, thanks to an overabundance of vague laws that render otherwise innocent activity illegal and an inclination on the part of prosecutors to reject the idea that there can’t be a crime without criminal intent. 

The bigger the government grows, the worse the red tape becomes.

Almost every aspect of American life today, including the job sector, is now subject to this kind of heightened scrutiny and ham-fisted control.

Whereas 70 years ago, one out of every 20 U.S. jobs required a state license, today, almost 1 in 4 American occupations requires a license.

According to business analyst Kaylyn McKenna, more than 41 states require that makeup artists be licensed. Twenty-eight states require a license before you can work as a residential painter. Funeral attendants, whose duties include placing caskets in visitation rooms, arranging flowers and directing mourners, have to be licensed to do so in Kansas, Maine and Massachusetts.

The problem of overregulation has become so bad that, as one analyst notes, “getting a license to style hair in Washington takes more instructional time than becoming an emergency medical technician or a firefighter.”

This is what happens when bureaucrats run the show, and the rule of law becomes little more than a cattle prod for forcing the citizenry to march in lockstep with the government.

Overregulation is just the other side of the coin to overcriminalization, that phenomenon in which everything is rendered illegal, and everyone becomes a lawbreaker.

As policy analyst Michael Van Beek warns, the problem with overcriminalization is that there are so many laws at the federal, state and local levels—that we can’t possibly know them all.

“It’s also impossible to enforce all these laws. Instead, law enforcement officials must choose which ones are important and which are not. The result is that they pick the laws Americans really must follow, because they’re the ones deciding which laws really matter,” concludes Van Beek. “Federal, state and local regulations — rules created by unelected government bureaucrats — carry the same force of law and can turn you into a criminal if you violate any one of them… if we violate these rules, we could be prosecuted as criminals. No matter how antiquated or ridiculous, they still carry the full force of the law. By letting so many of these sit around, just waiting to be used against us, we increase the power of law enforcement, which has lots of options to charge people with legal and regulatory violations.”

Case in point: in New Jersey, in what journalist Billy Binion describes as “yet another example of the effects of overcriminalization, which increases interactions between civilians and police with little benefit to actual public safety,” police went so far as to arrest a teenager and seize other teen’s bicycles for so-called traffic violations and a failure to register their bikes with the state.

This is the police state’s superpower: it has been vested with the authority to make our lives a bureaucratic hell.

That explains how a fisherman can be saddled with 20 years’ jail time for throwing fish that were too small back into the water. Or why police arrested a 90-year-old man for violating an ordinance that prohibits feeding the homeless in public unless portable toilets are also made available. Or how states across the country, in a misguided attempt to disperse homeless populations, have criminalized sitting, sleeping, or resting in public spaces; sharing food with people; and camping in public.

The laws can get downright silly.

For instance, in Florida, it’s against the law to eat a frog that was used in a frog-jumping contest. You could also find yourself passing time in a Florida slammer for such inane activities as singing in a public place while wearing a swimsuit, breaking more than three dishes per day, farting in a public place after 6 pm on a Thursday, and skateboarding without a license.

“Such laws,” notes journalist George Will, “which enable government zealots to accuse almost anyone of committing three felonies in a day, do not just enable government misconduct, they incite prosecutors to intimidate decent people who never had culpable intentions. And to inflict punishments without crimes.”

Unfortunately, the consequences are all too serious for those whose lives become grist for the police state’s mill.

In this way, America has gone from being a beacon of freedom to a locked down nation.

We labor today under the weight of countless tyrannies, large and small, carried out in the so-called name of the national good by an elite class of governmental and corporate officials who are largely insulated from the ill effects of their actions.

We increasingly find ourselves badgered, bullied and browbeaten into bearing the brunt of their arrogance, paying the price for their greed, suffering the backlash for their militarism, agonizing as a result of their inaction, feigning ignorance about their backroom dealings, overlooking their incompetence, turning a blind eye to their misdeeds, cowering from their heavy-handed tactics, and blindly hoping for change that never comes. 

The overt signs of the despotism exercised by the increasingly authoritarian regime that passes itself off as the United States government (and its corporate partners in crime) are all around us: censorship, criminalizing, shadow banning and de-platforming of individuals who express ideas that are politically incorrect or unpopular; warrantless surveillance of Americans’ movements and communications; SWAT team raids of Americans’ homes; shootings of unarmed citizens by police; harsh punishments meted out to schoolchildren in the name of zero tolerance; community-wide lockdowns and health mandates that strip Americans of their freedom of movement and bodily integrity; armed drones taking to the skies domestically; endless wars; out-of-control spending; militarized police; roadside strip searches; privatized prisons with a profit incentive for jailing Americans; fusion centers that spy on, collect and disseminate data on Americans’ private transactions; and militarized agencies with stockpiles of ammunition, to name some of the most appalling.

Yet as egregious as these incursions on our rights may be, it’s the endless, petty tyrannies—the heavy-handed, punitive-laden dictates inflicted by a self-righteous, Big-Brother-Knows-Best bureaucracy on an overtaxed, overregulated, and underrepresented populace—that illustrate so clearly the degree to which “we the people” are viewed as incapable of common sense, moral judgment, fairness, and intelligence, not to mention lacking a basic understanding of how to stay alive, raise a family, or be part of a functioning community.

In exchange for the promise of an end to global pandemics, lower taxes, lower crime rates, safe streets, safe schools, blight-free neighborhoods, and readily accessible technology, health care, water, food and power, we’ve opened the door to lockdowns, militarized police, government surveillance, asset forfeiture, school zero tolerance policies, license plate readers, red light cameras, SWAT team raids, health care mandates, overcriminalization, overregulation and government corruption.

We relied on the government to help us safely navigate national emergencies (terrorism, natural disasters, global pandemics, etc.) only to find ourselves forced to relinquish our freedoms on the altar of national security, yet we’re no safer (or healthier) than before.

We asked our lawmakers to be tough on crime, and we’ve been saddled with an abundance of laws that criminalize almost every aspect of our lives.

We wanted criminals taken off the streets, and we didn’t want to have to pay for their incarceration. What we’ve gotten is a nation that boasts the highest incarceration rate in the world, with many doing time for relatively minor, nonviolent crimes, and a private prison industry fueling the drive for more inmates.

We wanted law enforcement agencies to have the necessary resources to fight the nation’s wars on terror, crime and drugs. What we got instead were militarized police decked out with M-16 rifles, grenade launchers, silencers, battle tanks and hollow point bullets—gear designed for the battlefield, more than 80,000 SWAT team raids carried out every year (many for routine police tasks, resulting in losses of life and property), and profit-driven schemes that add to the government’s largesse such as asset forfeiture, where police seize property from “suspected criminals.”

We fell for the government’s promise of safer roads, only to find ourselves caught in a tangle of profit-driven red light cameras, which ticket unsuspecting drivers in the so-called name of road safety while ostensibly fattening the coffers of local and state governments.

This is what happens when the American people get duped, deceived, double-crossed, cheated, lied to, swindled and conned into believing that the government and its army of bureaucrats—the people we appointed to safeguard our freedoms—actually have our best interests at heart.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the problem with these devil’s bargains 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, such bargains always turn sour.

Source: https://tinyurl.com/4nxxuxxj

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

The Steady Slide Towards Tyranny: How Freedom Dies from A to Z

Posted: April 30, 2024 in Uncategorized
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“As I look at America today, I am not afraid to say that I am afraid.”—Former presidential advisor Bertram Gross

The American governmental scheme is sliding ever closer towards a pervasive authoritarianism.

The American people, the permanent underclass in America, have allowed themselves to be so distracted and divided that they have failed to notice the building blocks of tyranny being laid down right under their noses by the architects of the Deep State.

This steady slide towards tyranny, meted out by militarized local and federal police and legalistic bureaucrats, has been carried forward by each successive president over the past fifty years regardless of their political affiliation.

Biden, Trump, Obama, Bush, Clinton: they have all been complicit in carrying out the Deep State’s agenda.

Frankly, it really doesn’t matter who occupies the White House, because it is a profit-driven, unelected bureaucracy—call it whatever you will: the Deep State, the Controllers, the masterminds, the shadow government, the corporate elite, the police state, the surveillance state, the military industrial complex—that is actually calling the shots.

In the interest of liberty and truth, here’s an A-to-Z primer that spells out the grim realities of life in the American Police State that no one seems to be talking about anymore.

A is for the AMERICAN POLICE STATE. A police state “is characterized by bureaucracy, secrecy, perpetual wars, a nation of suspects, militarization, surveillance, widespread police presence, and a citizenry with little recourse against police actions.”

B is for our battered BILL OF RIGHTS. In the militarized police culture that is America today, where you can be kicked, punched, tasered, shot, intimidated, harassed, stripped, searched, brutalized, terrorized, wrongfully arrested, and even killed by a police officer, and that officer is rarely held accountable for violating your rights, the Bill of Rights doesn’t amount to much.

C is for CIVIL ASSET FORFEITURE. This governmental scheme to deprive Americans of their liberties—namely, the right to property—is being carried out under the guise of civil asset forfeiture, a government practice wherein government agents (usually the police and now TSA agents) seize private property they “suspect” may be connected to criminal activity. Then, whether or not any crime is actually proven to have taken place, the government keeps the citizen’s property and it’s virtually impossible to get it back.

D is for DRONES. Nearly 1500 police departments across the U.S. include drones as part of their technological arsenal, and that number is growing. Although drones may be used for benevolent purposes, they have increasingly become extensions of the surveillance state, carrying out warrantless and constant mass aerial surveillance in violation of the Fourth Amendment. New autonomous police drones can “read a license plate from 800 feet away and follow a vehicle from a distance of 3 miles.”

E is for EMERGENCY STATE. From 9/11 to COVID-19 and beyond, we have been the subjected to an “emergency state” that justifies all manner of government tyranny and power grabs in the so-called name of national security. The government’s ongoing attempts to declare so-called national emergencies in order to circumvent the Constitution’s system of checks and balances constitutes yet another expansion of presidential power that exposes the nation to further constitutional peril.

F is for FASCISM. A study conducted by Princeton and Northwestern University concluded that the U.S. government does not represent the majority of American citizens. Instead, the study found that the government is ruled by the rich and powerful, or the so-called “economic elite.” Moreover, the researchers concluded that policies enacted by this governmental elite nearly always favor special interests and lobbying groups. In other words, we are being ruled by an oligarchy disguised as a democracy, and arguably on our way towards fascism—a form of government where private corporate interests rule, money calls the shots, and the people are seen as mere economic units or databits.

G is for GLOBAL POLICE. The federal government has distributed more than $18 billion worth of battlefield-appropriate military weapons, vehicles and equipment such as drones, tanks, and grenade launchers to domestic police departments across the country. As a result, most small-town police forces now have enough firepower to render any citizen resistance futile. By the time you take those small-town police forces, train them to look and act like the military, and then enlist them to be part of the United Nations’ Strong Cities Network program, you not only have a standing army that operates beyond the reach of the Constitution but one that is part of a global police force.

H is for HOLLOW-POINT BULLETS. The government’s efforts to militarize and weaponize its agencies and employees is reaching epic proportions, with federal agencies as varied as the Department of Homeland Security and the Social Security Administration stockpiling millions of lethal hollow-point bullets, which violate international law. Ironically, while the government continues to push for stricter gun laws for the general populace, the U.S. military’s arsenal of weapons makes the average American’s handgun look like a Tinker Toy.

I is for the INTERNET OF THINGS, in which internet-connected “things” monitor your home, your health and your habits in order to keep your pantry stocked, your utilities regulated and your life under control and relatively worry-free. The key word here, however, is control. This “connected” industry propels us closer to a future where police agencies apprehend virtually anyone if the government “thinks” they may commit a crime, driverless cars populate the highways, and a person’s biometrics are constantly scanned and used to track their movements, target them for advertising, and keep them under perpetual surveillance.

J is for JAILING FOR PROFIT. Having outsourced their inmate population to private prisons run by private corporations, this profit-driven form of mass punishment has given rise to a $70 billion private prison industry that relies on the complicity of state governments to keep their privately run prisons full by jailing large numbers of Americans for petty crimes.

K is for KENTUCKY V. KING. In an 8-1 ruling, the Supreme Court ruled that police officers can break into homes, without a warrant, even if it’s the wrong home as long as they think they may have a reason to do so. Despite the fact that the police in question ended up pursuing the wrong suspect, invaded the wrong apartment and violated just about every tenet that stands between the citizenry and a police state, the Court sanctioned the warrantless raid, leaving Americans with little real protection in the face of all manner of abuses by law enforcement officials.

L is for LICENSE PLATE READERS, which enable law enforcement and private agencies to track the whereabouts of vehicles, and their occupants, all across the country. This data collected on tens of thousands of innocent people is also being shared between police agencies, as well as with government fusion centers and private companies. This puts Big Brother in the driver’s seat.

M is for MAIN CORE. Since the 1980s, the U.S. government has acquired and maintained, without warrant or court order, a database of names and information on Americans considered to be threats to the nation. As Salon reports, this database, reportedly dubbed “Main Core,” is to be used by the Army and FEMA in times of national emergency or under martial law to locate and round up Americans seen as threats to national security. There are at least 8 million Americans in the Main Core database.

N is for NO-KNOCK RAIDS. Owing to the militarization of the nation’s police forces, SWAT teams are now increasingly being deployed for routine police matters. In fact, more than 80,000 of these paramilitary raids are carried out every year. That translates to more than 200 SWAT team raids every day in which police crash through doors, damage private property, terrorize adults and children alike, kill family pets, assault or shoot anyone that is perceived as threatening—and all in the pursuit of someone merely suspected of a crime, usually possession of some small amount of drugs.

O is for OVERCRIMINALIZATION and OVERREGULATION. Thanks to an overabundance of 4500-plus federal crimes and 400,000 plus rules and regulations, it’s estimated that the average American actually commits three felonies a day without knowing it. As a result of this overcriminalization, we’re seeing an uptick in Americans being arrested and jailed for such absurd “violations” as letting their kids play at a park unsupervised, collecting rainwater and snow runoff on their own property, growing vegetables in their yard, and holding Bible studies in their living room.

P is for PATHOCRACY and PRECRIME. When our own government treats us as things to be manipulated, maneuvered, mined for data, manhandled by police and other government agents, mistreated, and then jailed in profit-driven private prisons if we dare step out of line, we are no longer operating under a constitutional republic. Instead, what we are experiencing is a pathocracy: tyranny at the hands of a psychopathic government, which “operates against the interests of its own people except for favoring certain groups.” Couple that with the government’s burgeoning precrime programs, which will use fusion centers, data collection agencies, behavioral scientists, corporations, social media, and community organizers and by relying on cutting-edge technology for surveillance, facial recognition, predictive policing, biometrics, and behavioral epigenetics in order to identify and deter so-called potential “extremists,” dissidents or rabble-rousers. Bear in mind that anyone seen as opposing the government—whether they’re Left, Right or somewhere in between—is now viewed as an extremist.

Q is for QUALIFIED IMMUNITY. Qualified immunity allows police officers to walk away without paying a dime for their wrongdoing. Conveniently, those deciding whether a cop should be immune from having to personally pay for misbehavior on the job all belong to the same system, all cronies with a vested interest in protecting the police and their infamous code of silence: city and county attorneys, police commissioners, city councils and judges.

R is for ROADSIDE STRIP SEARCHES and BLOOD DRAWS. The courts have increasingly erred on the side of giving government officials—especially the police—vast discretion in carrying out strip searches, blood draws and even anal and vaginal probes for a broad range of violations, no matter how minor the offense. In the past, strip searches were resorted to only in exceptional circumstances where police were confident that a serious crime was in progress. In recent years, however, strip searches have become routine operating procedures in which everyone is rendered a suspect and, as such, is subjected to treatment once reserved for only the most serious of criminals.

S is for the SURVEILLANCE STATE. 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. A byproduct of the electronic concentration camp 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 that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere.

T is for TASERS. Nonlethal weapons such as tasers, stun guns, rubber pellets and the like have been used by police as weapons of compliance more often and with less restraint—even against women and children—and in some instances, even causing death. These “nonlethal” weapons also enable police to aggress with the push of a button, making the potential for overblown confrontations over minor incidents that much more likely. A Taser Shockwave, for instance, can electrocute a crowd of people at the touch of a button.

U is for UNARMED CITIZENS SHOT BY POLICE. No longer is it unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later, often attributed to a fear for their safety. Yet the fatality rate of on-duty patrol officers is reportedly far lower than many other professions, including construction, logging, fishing, truck driving, and even trash collection.

V is for OPERATION VIGILANT EAGLE. One of several government initiatives dating back to 2009 that call for heightened scrutiny of those who challenge the government’s authority, this particular program calls for surveillance of military veterans, characterizing them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.” Coupled with a report that defines extremists as individuals and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely,” these tactics bode ill for anyone seen as opposing the government.

W is for WHOLE-BODY SCANNERS. Using either x-ray radiation or radio waves, scanning devices and government mobile units are being used not only to “see” through your clothes but to spy on you within the privacy of your home. While these mobile scanners are being sold to the American public as necessary security and safety measures, we can ill afford to forget that such systems are rife with the potential for abuse, not only by government bureaucrats but by the technicians employed to operate them.

X is for X-KEYSCORE, one of the many spying programs carried out by the National Security Agency that targets every person in the United States who uses a computer or phone. This top-secret program “allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals.”

Y is for YOU-NESS. Using your face, mannerisms, social media and “you-ness” against you, you are now be tracked based on what you buy, where you go, what you do in public, and how you do what you do. Facial recognition software promises to create a society in which every individual who steps out into public is tracked and recorded as they go about their daily business. The goal is for government agents to be able to scan a crowd of people and instantaneously identify all of the individuals present. Facial recognition programs are being rolled out in states all across the country.

Z is for ZERO TOLERANCE. We have moved into a new paradigm in which young people are increasingly viewed as suspects and treated as criminals by school officials and law enforcement alike, often for engaging in little more than childish behavior or for saying the “wrong” word. In some jurisdictions, students have also been penalized under school zero tolerance policies for such inane “crimes” as carrying cough drops, wearing black lipstick, bringing nail clippers to school, using Listerine or Scope, and carrying fold-out combs that resemble switchblades. The lesson being taught to our youngest—and most impressionable—citizens is this: in the American police state, you’re either a prisoner (shackled, controlled, monitored, ordered about, limited in what you can do and say, your life not your own) or a prison bureaucrat (politician, police officer, judge, jailer, spy, profiteer, etc.).

None of these dangers have dissipated in any way, and yet suddenly, no one seems to be talking about any of the egregious governmental abuses that are still wreaking havoc on our freedoms: police shootings of unarmed individuals, invasive surveillance, roadside blood draws, roadside strip searches, SWAT team raids gone awry, the military industrial complex’s costly wars, pork barrel spending, pre-crime laws, civil asset forfeiture, fusion centers, militarization, armed drones, smart policing carried out by AI robots, courts that march in lockstep with the police state, schools that function as indoctrination centers, bureaucrats that keep the Deep State in power.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is how freedom dies.

If there is any means left to us for thwarting the government in its relentless march towards outright dictatorship, it may rest with the Tenth Amendment, which affirms that “we the people” (in the form of juries and local governments) have the power to invalidate governmental laws, tactics and policies that are illegitimate, egregious or blatantly unconstitutional.

Nullify everything.

Nullify the court cases. Nullify the laws. Nullify everything the government does that flies in the face of the Constitution.

It’s time to rein in our runaway government, reclaim our freedoms, and restore justice in America.

Source: https://tinyurl.com/mr2u4t5b

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge.

Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution

Posted: April 17, 2024 in Uncategorized
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“Whether he wrote DOWN WITH BIG BROTHER, or whether he refrained from writing it, made no difference … The Thought Police would get him just the same … the arrests invariably happened at night … In the vast majority of cases there was no trial, no report of the arrest. People simply disappeared, always during the night. Your name was removed from the registers, every record of everything you had ever done was wiped out, your one-time existence was denied and then forgotten. You were abolished, annihilated: vaporized was the usual word.”—George Orwell, 1984

The government long ago sold us out to the highest bidder.

The highest bidder, by the way, has always been the Deep State.

What’s playing out now with the highly politicized tug-of-war over whether Section 702 of the Foreign Intelligence Surveillance Act gets reauthorized by Congress doesn’t just sell us out, it makes us slaves of the Deep State.

Read the fine print: it’s a doozy.

Just as the USA Patriot was perverted from its stated intent to fight terrorism abroad and was instead used to covertly crack down on the American people (allowing government agencies to secretly track Americans’ financial activities, monitor their communications, and carry out wide-ranging surveillance on them), Section 702 has been used as an end-run around the Constitution to allow the government to collect the actual content of your conversations (phone calls, text messages, video chats, emails and other electronic communication) without a warrant.

Now intelligence officials are pushing to dramatically expand the government’s spying powers, effectively giving the government unbridled authority to force millions of Americans to spy on its behalf.

Basically, the Deep State wants to turn the American people into extensions of Big Brother.

As Sen. Ron Wyden (D-Ore.) explains:

“If you have access to any communications, the government can force you to help it spy. That means anyone with access to a server, a wire, a cable box, a Wi-Fi router, a phone, or a computer. So think for a moment about the millions of Americans who work in buildings and offices in which communications are stored or pass through.

After all, every office building in America has data cables running through it. The people are not just the engineers who install, maintain, and repair our communications infrastructure; there are countless others who could be forced to help the government spy, including those who clean offices and guard buildings. If this provision is enacted, the government can deputize any of these people against their will, and force them in effect to become what amounts to an agent for Big Brother—for example, by forcing an employee to insert a USB thumb drive into a server at an office they clean or guard at night.

This could all happen without any oversight whatsoever: The FISA Court won’t know about it, Congress won’t know about it. Americans who are handed these directives will be forbidden from talking about it. Unless they can afford high-priced lawyers with security clearances who know their way around the FISA Court, they will have no recourse at all.”

This is how an effort to reform Section 702 has quickly steamrollered into an expansion of the government’s surveillance powers.

We should have seen this coming.

After all, the Police State doesn’t relinquish power easily, the Surveillance State doesn’t look favorably on anything that might weaken its control, and Big Brother doesn’t like to be restricted.

What most Americans don’t get is that even without Section 702 in play, the government will still target the populace for warrantless, suspicionless mass surveillance, because that’s how the police state maintains its stranglehold on power.

These maneuvers are just the tip of the iceberg.

For all intents and purposes, we now have a fourth branch of government.

This fourth branch 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.

The government’s “technotyranny” surveillance apparatus has become so entrenched and entangled with its police state apparatus that it’s hard to know anymore where law enforcement ends and surveillance begins. They have become one and the same entity.

The police state has passed the baton to the surveillance state.

On any given day, the average American is now monitored, surveilled, spied on and tracked in more than 20 different ways by both government and corporate eyes and ears.

Every second of every day, the American people are being spied on by the U.S. government’s vast network of digital Peeping Toms, electronic eavesdroppers and robotic snoops.

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.

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 is listening in and tracking you. This 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. These corporate trackers monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere and share the data with the government.

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 collect data and 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.

These government snoops are constantly combing through and harvesting vast quantities of our communications, then storing it in massive databases for years. Once this information—collected illegally and without any probable cause—is ingested into NSA servers, other government agencies can often search through the databases to make criminal cases against Americans that have nothing to do with terrorism or anything national security-related.

Empowered by advances in surveillance technology and emboldened by rapidly expanding public-private partnerships between law enforcement, the Intelligence Community, and the private sector, police have become particularly adept at sidestepping the Fourth Amendment.

Talk about a system rife for abuse.

Now, the government wants us to believe that we have nothing to fear from its mass spying program because they’re only looking to get the “bad” guys who are overseas.

Don’t believe it.

The government’s definition of a “bad” guy is extraordinarily broad, and it results in the warrantless surveillance of innocent, law-abiding Americans on a staggering scale.

Indeed, the government has become the biggest lawbreaker of all.

It’s telling that even after it was revealed that the FBI, one of the most power-hungry and corrupt agencies within the police state’s vast complex of power-hungry and corrupt agencies, misused a massive government surveillance database more than 300,000 times in order to target American citizens, we’re still debating whether they should be allowed to continue to sidestep the Fourth Amendment.

This is how the government operates, after all: our objections are routinely overruled and our rights trampled underfoot.

It works the same every time.

First, the government seeks out extraordinary powers acquired in the wake of some national crisis—in this case, warrantless surveillance powers intended to help the government spy on foreign targets suspected of engaging in terrorism—and then they use those powers against the American people.

According to the Foreign Intelligence Surveillance Court, the FBI repeatedly misused Section 702 in order to spy on the communications of two vastly disparate groups of Americans: those involved in the George Floyd protests and those who may have taken part in the Jan. 6, 2021, protests at the Capitol.

This abuse of its so-called national security powers is par for the course for the government.

According to the Brennan Center for Justice, intelligence agencies conduct roughly 200,000 of these warrantless “backdoor” searches for Americans’ private communications each year.

No one is spared.

Many of the targets of these searches have done nothing wrong.

Government agents have spied on the communications of protesters, members of Congress, crime victims, journalists, and political donors, among many others.

The government has claimed that its spying on Americans is simply “incidental,” as though it were an accident, but it fully intends to collect this information.

As journalist Jake Johnson warns, under an expanded Section 702, U.S. intelligence agencies “could, without a warrant, compel gyms, grocery stores, barber shops, and other businesses to hand over communications data.”

According to the Wall Street Journal, “The Securities and Exchange Commission is deploying a massive government database—the Consolidated Audit Trail, or CAT—that monitors in real time the identity, transactions and investment portfolio of everyone who invests in the stock market.”

Journalist Leo Hohmann reports that the government is also handing out $20 million in grants to police, mental health networks, universities, churches and school districts to enlist their help in identifying Americans who might be political dissidents or potential “extremists.”

Ask the government why it’s carrying out this far-reaching surveillance on American citizens, and you’ll get the same Orwellian answer the government has been trotting in response to every so-called crisis to justify its assaults on our civil liberties: to keep America safe.

What this is really all about, however, is control.

What we are dealing with is a government so power-hungry, paranoid and afraid of losing its stranglehold on power that it is conspiring to wage war on anyone who dares to challenge its authority.

When the FBI is asking banks and other financial institutions to carry out dragnet searches of customer transactions—warrantlessly and without probable cause—for “extremism” indicators broadly based on where you shop, what you read, and how you travel, we’re all in trouble.

You don’t have to do anything illegal.

For that matter, you don’t even have to challenge the government’s authority.

Frankly, you don’t even have to care about politics or know anything about your rights.

All you really need to do in order to be tagged as a suspicious character, flagged for surveillance, and eventually placed on a government watch list is live in the United States.

As long as the government is allowed to weaponize its 360 degree surveillance technologies to flag you as a threat to national security, whether or not you’ve done anything wrong, it’s just a matter of time before you find yourself wrongly accused, investigated and confronted by police based on a data-driven algorithm or risk assessment culled together by a computer program run by artificial intelligence.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it won’t be long before Big Brother’s Thought Police are locking us up to “protect us” from ourselves.

At that point, we will disappear.

Source: https://tinyurl.com/yeym94s3

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge.

The Government Wants to Play God. What Does That Mean for Our Freedoms?

Posted: April 3, 2024 in Uncategorized
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The government wants to play god.

It wants the power to decide who lives or dies and whose rights are worthy of protection.

Abortion may still be front and center in the power struggle between the Left and the Right over who has the right to decide—the government or the individual—when it comes to bodily autonomy, the right to privacy, sexual freedom, the rights of the unborn, and property interests in one’s body, but there’s so much more at play.

In the 50-plus years since the U.S. Supreme Court issued its landmark ruling in Roe v. Wade, the government has come to believe that it not only has the power to determine who is deserving of constitutional rights in the eyes of the law but it also has the authority to deny those rights to an American citizen.

This is how the abortion debate has played into the police state’s hands: by laying the groundwork for discussions about who else may or may not be deserving of rights.

Despite the Supreme Court having overturned its earlier rulings recognizing abortion as a constitutional right under the Fourteenth Amendment, the government continues to play fast and loose with the lives of the citizenry all along the spectrum of life.

Take a good, hard look at the many ways in which Americans are being denied their rights under the Constitution.

American families who have their dogs shot, their homes trashed and their children terrorized or, worse, killed by errant SWAT team raids in the middle of the night are being denied their rights under the Constitution.

Disabled individuals who are being strip searched, handcuffed, arrested and “diagnosed” by police as dangerous or mentally unstable merely because they stutter and walk unevenly are being denied their rights under the Constitution.

School-aged children as young as 4-years-old who are leg shackled, handcuffed and strip searched for violating school zero tolerance policies by chewing a Pop Tart into the shape of a gun and playing an imaginary game of cops and robbers, or engaging in childish behavior such as crying or jumping are being denied their rights under the Constitution.

Unarmed citizens who are tasered or shot by police for daring to hesitate, stutter, move a muscle, flee or disagree in any way with a police order are being denied their rights under the Constitution.

Likewise, Americans—young and old alike—who are shot by police because they pointed a garden hose at a police officer, reached for their registration in their glove box, relied upon a cane to steady themselves, or were seen playing with air rifles or BB guns are being denied their rights under the Constitution.

Female motorists who are unlucky enough to be pulled over for a questionable traffic infraction only to be subjected by police to cavity searches by the side of the road are being denied their rights under the Constitution.

Male pedestrians and motorists alike who are being subjected to roadside strip searches and rectal probes by police based largely on the color of their skin are being denied their rights under the Constitution.

American citizens subjected to government surveillance whereby their phone calls are being listened in on, their mail and text messages read, their movements tracked and their transactions monitored are being denied their rights under the Constitution.

Homeowners who are being fined and arrested for raising chickens in their backyard, allowing the grass in their front yards to grow too long, and holding Bible studies in their homes are being denied their rights under the Constitution.

Decorated military veterans who are being arrested for criticizing the government on social media such as Facebook are being denied their rights under the Constitution.

Homeless individuals who are being harassed, arrested and run out of towns by laws that criminalize homelessness are being denied their rights under the Constitution.

Individuals whose DNA has been forcibly collected and entered into federal and state law enforcement databases whether or not they have been convicted of any crime are being denied their rights under the Constitution.

Drivers whose license plates are being scanned, uploaded to a police database and used to map their movements, whether or not they are suspected of any crime, are being denied their rights under the Constitution. The same goes for drivers who are being ticketed for running afoul of red light cameras without any real opportunity to defend themselves against such a charge are being denied their rights under the Constitution.

Protesters and activists who are being labeled domestic terrorists and extremists and accused of hate crimes for speaking freely are being denied their rights under the Constitution. Likewise, American citizens who being targeted for assassination by drone strikes abroad without having been charged, tried and convicted of treason are being denied their rights under the Constitution.

Hard-working Americans whose bank accounts, homes, cars electronics and cash are seized by police (operating according to asset forfeiture schemes that provide profit incentives for highway robbery) are being denied their rights under the Constitution.

So, what is the common denominator here?

These are all American citizens—endowed by their Creator with certain unalienable rights, rights that no person or government can take away from them, among these the right to life, liberty and the pursuit of happiness—and they are all being oppressed in one way or another by a government that has grown drunk on power, money and its own authority.

If the government—be it the President, Congress, the courts or any federal, state or local agent or agency—can decide that any person has no rights, then that person becomes less than a citizen, less than human, less than deserving of respect, dignity, civility and bodily integrity. He or she becomes an “it,” a faceless number that can be tallied and tracked, a quantifiable mass of cells that can be discarded without conscience, an expendable cost that can be written off without a second thought, or an animal that can be bought, sold, branded, chained, caged, bred, neutered and euthanized at will.

It’s a slippery slope that justifies all manner of violations in the name of national security, the interest of the state and the so-called greater good.

Yet those who founded this country believed that what we conceive of as our rights were given to us by God—we are created equal, according to the nation’s founding document, the Declaration of Independence—and that government cannot create, nor can it extinguish our God-given rights. To do so would be to anoint the government with god-like powers and elevate it above the citizenry.

Unfortunately, we have been dancing with this particular devil for quite some time now.

If we continue to wait for the government to restore our freedoms, respect our rights, rein in its abuses and restrain its agents from riding roughshod over our lives, our liberty and our happiness, then we will be waiting forever.

The highly politicized tug-of-war over abortion will not resolve the problem of a culture that values life based on a sliding scale.  Nor will it help us navigate the moral, ethical and scientific minefields that await us as technology and humanity move ever closer to a point of singularity.

Humanity is being propelled at warp speed into a whole new frontier when it comes to privacy, bodily autonomy, and what it means to be a human being. As such, we haven’t even begun to wrap our heads around how present-day legal debates over bodily autonomy, privacy, vaccine mandates, the death penalty, and abortion play into future discussions about singularity, artificial intelligence, cloning, and the privacy rights of the individual in the face of increasingly invasive, intrusive and unavoidable government technologies.

Yet here is what I know.

Life is an inalienable right.

By allowing the government to decide who or what is deserving of rights, it shifts the entire discussion from one in which we are “endowed by our Creator with certain inalienable rights” (that of life, liberty property and the pursuit of happiness) to one in which only those favored by the government get to enjoy such rights.

If all people are created equal, then all lives should be equally worthy of protection.

Likewise, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, all freedoms hang together.

We must never stop working to protect life, preserve our freedoms and maintain some semblance of our humanity.

Freedom cannot be a piece-meal venture.

Source: https://tinyurl.com/3zrj5n8k

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

Rule by Criminals: When Dissidents Become Enemies of the State

Posted: March 27, 2024 in Uncategorized
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“In these days of worldwide confusion, there is a dire need for men and women who will courageously do battle for truth.”— Martin Luther King Jr.

When exposing a crime is treated as committing a crime, you are being ruled by criminals.

In the current governmental climate, obeying one’s conscience and speaking truth to the power of the police state can easily render you an “enemy of the state.”

The government’s list of so-called “enemies of the state” is growing by the day.

Wikileaks founder Julian Assange is merely one of the most visible victims of the police state’s war on dissidents and whistleblowers.

Five years ago, on April 11, 2019, police arrested Assange for daring to access and disclose military documents that portray the U.S. government and its endless wars abroad as reckless, irresponsible, immoral and responsible for thousands of civilian deaths.

Included among the leaked materials was gunsight video footage from two U.S. AH-64 Apache helicopters engaged in a series of air-to-ground attacks while American air crew laughed at some of the casualties. Among the casualties were two Reuters correspondents who were gunned down after their cameras were mistaken for weapons and a driver who stopped to help one of the journalists. The driver’s two children, who happened to be in the van at the time it was fired upon by U.S. forces, suffered serious injuries.

There is nothing defensible about crimes such as these perpetrated by the government.

When any government becomes almost indistinguishable from the evil it claims to be fighting—whether that evil takes the form of war, terrorism, torture, drug trafficking, sex trafficking, murder, violence, theft, pornography, scientific experimentations or some other diabolical means of inflicting pain, suffering and servitude on humanity—that government has lost its claim to legitimacy.

These are hard words, but hard times require straight-talking.

It is easy to remain silent in the face of evil.

What is harder—what we lack today and so desperately need—are those with moral courage who will risk their freedoms and lives in order to speak out against evil in its many forms.

Throughout history, individuals or groups of individuals have risen up to challenge the injustices of their age. Nazi Germany had its Dietrich Bonhoeffer. The gulags of the Soviet Union were challenged by Aleksandr Solzhenitsyn. America had its color-coded system of racial segregation and warmongering called out for what it was, blatant discrimination and profiteering, by Martin Luther King Jr.

And then there was Jesus Christ, an itinerant preacher and revolutionary activist, who not only died challenging the police state of his day—namely, the Roman Empire—but provided a blueprint for civil disobedience that would be followed by those, religious and otherwise, who came after him.

Indeed, it is fitting that we remember that Jesus Christ—the religious figure worshipped by Christians for his death on the cross and subsequent resurrection—paid the ultimate price for speaking out against the police state of his day.

A radical nonconformist who challenged authority at every turn, Jesus was a far cry from the watered-down, corporatized, simplified, gentrified, sissified vision of a meek creature holding a lamb that most modern churches peddle. In fact, he spent his adult life speaking truth to power, challenging the status quo of his day, and pushing back against the abuses of the Roman Empire.

Much like the American Empire today, the Roman Empire of Jesus’ day had all of the characteristics of a police state: secrecy, surveillance, a widespread police presence, a citizenry treated like suspects with little recourse against the police state, perpetual wars, a military empire, martial law, and political retribution against those who dared to challenge the power of the state.

For all the accolades poured out upon Jesus, little is said about the harsh realities of the police state in which he lived and its similarities to modern-day America, and yet they are striking.

Secrecy, surveillance and rule by the elite. As the chasm between the wealthy and poor grew wider in the Roman Empire, the ruling class and the wealthy class became synonymous, while the lower classes, increasingly deprived of their political freedoms, grew disinterested in the government and easily distracted by “bread and circuses.” Much like America today, with its lack of government transparency, overt domestic surveillance, and rule by the rich, the inner workings of the Roman Empire were shrouded in secrecy, while its leaders were constantly on the watch for any potential threats to its power. The resulting state-wide surveillance was primarily carried out by the military, which acted as investigators, enforcers, torturers, policemen, executioners and jailers. Today that role is fulfilled by the NSA, the FBI, the Department of Homeland Security and the increasingly militarized police forces across the country.

Widespread police presence. The Roman Empire used its military forces to maintain the “peace,” thereby establishing a police state that reached into all aspects of a citizen’s life. In this way, these military officers, used to address a broad range of routine problems and conflicts, enforced the will of the state. Today SWAT teams, comprised of local police and federal agents, are employed to carry out routine search warrants for minor crimes such as marijuana possession and credit card fraud.

Citizenry with little recourse against the police state. As the Roman Empire expanded, personal freedom and independence nearly vanished, as did any real sense of local governance and national consciousness. Similarly, in America today, citizens largely feel powerless, voiceless and unrepresented in the face of a power-hungry federal government. As states and localities are brought under direct control by federal agencies and regulations, a sense of learned helplessness grips the nation.

Perpetual wars and a military empire. Much like America today with its practice of policing the world, war and an over-arching militarist ethos provided the framework for the Roman Empire, which extended from the Italian peninsula to all over Southern, Western, and Eastern Europe, extending into North Africa and Western Asia as well. In addition to significant foreign threats, wars were waged against inchoate, unstructured and socially inferior foes.

Martial law. Eventually, Rome established a permanent military dictatorship that left the citizens at the mercy of an unreachable and oppressive totalitarian regime. In the absence of resources to establish civic police forces, the Romans relied increasingly on the military to intervene in all matters of conflict or upheaval in provinces, from small-scale scuffles to large-scale revolts. Not unlike police forces today, with their martial law training drills on American soil, militarized weapons and “shoot first, ask questions later” mindset, the Roman soldier had “the exercise of lethal force at his fingertips” with the potential of wreaking havoc on normal citizens’ lives.

A nation of suspects. Just as the American Empire looks upon its citizens as suspects to be tracked, surveilled and controlled, the Roman Empire looked upon all potential insubordinates, from the common thief to a full-fledged insurrectionist, as threats to its power. The insurrectionist was seen as directly challenging the Emperor.  A “bandit,” or revolutionist, was seen as capable of overturning the empire, was always considered guilty and deserving of the most savage penalties, including capital punishment. Bandits were usually punished publicly and cruelly as a means of deterring others from challenging the power of the state.  Jesus’ execution was one such public punishment.

Acts of civil disobedience by insurrectionists. Much like the Roman Empire, the American Empire has exhibited zero tolerance for dissidents such as Julian Assange, Edward Snowden and Chelsea Manning who exposed the police state’s seedy underbelly. Jesus was also branded a political revolutionary starting with his attack on the money chargers and traders at the Jewish temple, an act of civil disobedience at the site of the administrative headquarters of the Sanhedrin, the supreme Jewish council.

Military-style arrests in the dead of night. Jesus’ arrest account testifies to the fact that the Romans perceived Him as a revolutionary. Eerily similar to today’s SWAT team raids, Jesus was arrested in the middle of the night, in secret, by a large, heavily armed fleet of soldiers.  Rather than merely asking for Jesus when they came to arrest him, his pursuers collaborated beforehand with Judas. Acting as a government informant, Judas concocted a kiss as a secret identification marker, hinting that a level of deception and trickery must be used to obtain this seemingly “dangerous revolutionist’s” cooperation. 

Torture and capital punishment. In Jesus’ day, religious preachers, self-proclaimed prophets and nonviolent protesters were not summarily arrested and executed. Indeed, the high priests and Roman governors normally allowed a protest, particularly a small-scale one, to run its course. However, government authorities were quick to dispose of leaders and movements that appeared to threaten the Roman Empire. The charges leveled against Jesus—that he was a threat to the stability of the nation, opposed paying Roman taxes and claimed to be the rightful King—were purely political, not religious. To the Romans, any one of these charges was enough to merit death by crucifixion, which was usually reserved for slaves, non-Romans, radicals, revolutionaries and the worst criminals.

Jesus was presented to Pontius Pilate “as a disturber of the political peace,” a leader of a rebellion, a political threat, and most gravely—a claimant to kingship, a “king of the revolutionary type.” After Jesus is formally condemned by Pilate, he is sentenced to death by crucifixion, “the Roman means of executing criminals convicted of high treason.”  The purpose of crucifixion was not so much to kill the criminal, as it was an immensely public statement intended to visually warn all those who would challenge the power of the Roman Empire. Hence, it was reserved solely for the most extreme political crimes: treason, rebellion, sedition, and banditry. After being ruthlessly whipped and mocked, Jesus was nailed to a cross.

Jesus—the revolutionary, the political dissident, and the nonviolent activist—lived and died in a police state. Any reflection on Jesus’ life and death within a police state must take into account several factors: Jesus spoke out strongly against such things as empires, controlling people, state violence and power politics. Jesus challenged the political and religious belief systems of his day. And worldly powers feared Jesus, not because he challenged them for control of thrones or government but because he undercut their claims of supremacy, and he dared to speak truth to power in a time when doing so could—and often did—cost a person his life.

Unfortunately, the radical Jesus, the political dissident who took aim at injustice and oppression, has been largely forgotten today, replaced by a congenial, smiling Jesus trotted out for religious holidays but otherwise rendered mute when it comes to matters of war, power and politics.

Yet for those who truly study the life and teachings of Jesus, the resounding theme is one of outright resistance to war, materialism and empire.

What a marked contrast to the advice being given to Americans by church leaders to “submit to your leaders and those in authority,” which in the American police state translates to complying, conforming, submitting, obeying orders, deferring to authority and generally doing whatever a government official tells you to do.

Telling Americans to blindly obey the government or put their faith in politics and vote for a political savior flies in the face of everything for which Jesus lived and died.

Will we follow the path of least resistance—turning a blind eye to the evils of our age and marching in lockstep with the police state—or will we be transformed nonconformists “dedicated to justice, peace, and brotherhood”?

As Martin Luther King Jr. reminds us in a powerful sermon delivered 70 years ago, “This command not to conform comes … [from] Jesus Christ, the world’s most dedicated nonconformist, whose ethical nonconformity still challenges the conscience of mankind.”

Ultimately, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is the contradiction that must be resolved if the radical Jesus—the one who stood up to the Roman Empire and was crucified as a warning to others not to challenge the powers-that-be—is to be an example for our modern age.

Source: https://tinyurl.com/yc5pkdkm

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

The Language of Force: How the Police State Muzzles Our Right to Speak Truth to Power

Posted: March 20, 2024 in Uncategorized
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“If the state could use [criminal] laws not for their intended purposes but to silence those who voice unpopular ideas, little would be left of our First Amendment liberties, and little would separate us from the tyrannies of the past or the malignant fiefdoms of our own age. The freedom to speak without risking arrest is ‘one of the principal characteristics by which we distinguish a free nation.’”—Justice Neil Gorsuch, dissenting, Nieves v. Bartlett (2019)

Tyrants don’t like people who speak truth to power.

Cue the rise of protest laws, which take the government’s intolerance for free speech to a whole new level and send the resounding message that resistance is futile.

In fact, ever since the Capitol protests on Jan. 6, 2021, state legislatures have introduced a broad array of these laws aimed at criminalizing protest activities.

There have been at least 205 proposed laws in 45 states aimed at curtailing the right to peacefully assemble and protest by expanding the definition of rioting, heightening penalties for existing offenses, or creating new crimes associated with assembly.

Weaponized by police, prosecutors, courts and legislatures, these protest laws, along with free speech zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws, and a host of other legalistic maladies have become a convenient means by which to punish individuals who refuse to be muzzled.

In Florida, for instance, legislators passed a “no-go” zone law making it punishable by up to 60 days in jail to remain within 25 feet of working police and other first responders after a warning.

Yet while the growing numbers of protest laws cropping up across the country are sold to the public as necessary to protect private property, public roads or national security, they are a wolf in sheep’s clothing, a thinly disguised plot to discourage anyone from challenging government authority at the expense of our First Amendment rights.

It doesn’t matter what the source of that discontent might be (police brutality, election outcomes, COVID-19 mandates, the environment, etc.): protest laws, free speech zones, no-go zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws, etc., aim to muzzle every last one of us.

To be very clear, these legislative attempts to redefine and criminalize speech are a backdoor attempt to rewrite the Constitution and render the First Amendment’s robust safeguards null and void.

No matter how you package these laws, no matter how well-meaning they may sound, no matter how much you may disagree with the protesters or sympathize with the objects of the protest, these proposed laws are aimed at one thing only: discouraging dissent.

This is the painful lesson being imparted with every incident in which someone gets arrested and charged with any of the growing number of contempt charges (ranging from resisting arrest and interference to disorderly conduct, obstruction, and failure to obey a police order) that get trotted out anytime a citizen voices discontent with the government or challenges or even questions the authority of the powers-that-be.

These assaults on free speech are nothing new.

As Human Rights Watch points out, “Various states have long-tried to curtail the right to protest. They do so by legislating wide definitions of what constitutes an ‘unlawful assembly’ or a ‘riot’ as well as increasing punishments. They also allow police to use catch-all public offenses, such as trespassing, obstructing traffic, or disrupting the peace, as a pretext for ordering dispersals, using force, and making arrests. Finally, they make it easier for corporations and others to bring lawsuits against protest organizers.”

Journalists have come under particular fire for exercising their right to freedom of the press.

According to U.S. Press Freedom Tracker, the criminalization of routine journalism has become a means by which the government chills lawful First Amendment activity.

Journalists have been arrested or faced dubious charges for “publishing,” asking too many questions of public officials, being “rude” for reporting during a press conference, and being in the vicinity of public protests and demonstrations.

For instance, Steve Baker, a reporter for Blaze News, was charged with four misdemeanors, including trespassing and disorderly conduct charges, related to his sympathetic coverage of the Jan. 6 riots. Dan Heyman, a reporter for the Public News Service, was arrested for “aggressively” questioning Tom Price, then secretary of the Department of Health and Human Services during an encounter in the West Virginia State Capitol.

It’s gotten so bad that merely daring to question, challenge or hesitate when a cop issues an order can get you charged with resisting arrest or disorderly conduct.

For example, Deyshia Hargrave, a language arts teacher in Louisiana, was thrown to the ground, handcuffed and arrested for speaking out during a public comment period at a school board meeting.

Fane Lozman was arrested for alluding to government corruption during open comment time at a City Council meeting in Palm Beach County, Fla.

College professor Ersula Ore was slammed to the ground and arrested after she objected to the “disrespectful manner” shown by a campus cop who stopped her in the middle of the street and demanded that she show her ID.

Philadelphia lawyer Rebecca Musarra was arrested for exercising her right to remain silent and refusing to answer questions posed by a police officer during a routine traffic stop. (Note: she cooperated in every other way by providing license and registration, etc.)

Making matters worse, the U.S. Supreme Court issued a ruling in Nieves v. Bartlett that protects police from lawsuits by persons arrested on bogus “contempt of cop” charges (ranging from resisting arrest and interference to disorderly conduct, obstruction, and failure to obey a police order) that result from lawful First Amendment activities (filming police, asking a question of police, refusing to speak with police).

These incidents reflect a growing awareness about the state of free speech in America: you may have distinct, protected rights on paper, but dare to exercise those rights, and you risk fines, arrests, injuries and even death.

Unfortunately, we have been circling this particular drain hole for some time now.

More than 50 years ago, U.S. Supreme Court Justice William O. Douglas took issue with the idea that merely speaking to a government representative (a right enshrined in the First Amendment) could be perceived as unlawfully inconveniencing and annoying the police.

In a passionate defense of free speech, Douglas declared: 

Since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us? The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents. We who have the final word can speak softly or angrily. We can seek to challenge and annoy, as we need not stay docile and quiet. The situation might have indicated that Colten’s techniques were ill-suited to the mission he was on, that diplomacy would have been more effective. But at the constitutional level speech need not be a sedative; it can be disruptive.

It’s a power-packed paragraph full of important truths that the powers-that-be would prefer we quickly forget: We the people are the sovereigns. We have the final word. We can speak softly or angrily. We can seek to challenge and annoy. We need not stay docile and quiet. Our speech can be disruptive. It can invite dispute. It can be provocative and challenging. We do not have to bow submissively to authority or speak with reverence to government officials.

In theory, Douglas was right: “we the people” do have a constitutional right to talk back to the government.

In practice, however, we live in an age in which “we the people” are at the mercy of militarized, weaponized, immunized cops who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.”

As such, those who seek to exercise their First Amendment rights during encounters with the police are increasingly finding that there is no such thing as freedom of speech.

Case in point: Tony Rupp, a lawyer in Buffalo, NY, found himself arrested and charged with violating the city’s noise ordinance after cursing at an SUV bearing down on pedestrians on a busy street at night with its lights off. Because that unmarked car was driven by a police officer, that’s all it took for Rupp to find himself subjected to malicious prosecution, First Amendment retaliation and wrongful arrest.

The case, as Jesse McKinley writes in The New York Times, is part of a growing debate over “how citizens can criticize public officials at a time of widespread reevaluation of the lengths and limits of free speech. That debate has raged everywhere from online forums and college campuses to protests over racial bias in law enforcement and the Israel-Hamas war. Book bans and other acts of government censorship have troubled some First Amendment experts. Last week, the Supreme Court heard arguments about a pair of laws — in Florida and Texas — limiting the ability of social media companies such as Facebook to ban certain content from their platforms.”

Bottom line: what the architects of the police state want are submissive, compliant, cooperative, obedient, meek citizens who don’t talk back, don’t challenge government authority, don’t speak out against government misconduct, and don’t resist.

What the First Amendment protects—and a healthy constitutional republic requires—are citizens who routinely exercise their right to speak truth to power.

Yet there can be no free speech for the citizenry when the government speaks in a language of force.

What is this language of force?

Militarized police. Riot squads. Camouflage gear. Black uniforms. Armored vehicles. Mass arrests. Pepper spray. Tear gas. Batons. Strip searches. Surveillance cameras. Kevlar vests. Drones. Lethal weapons. Less-than-lethal weapons unleashed with deadly force. Rubber bullets. Water cannons. Stun grenades. Arrests of journalists. Crowd control tactics. Intimidation tactics. Brutality. Contempt of cop charges.

This is not the language of freedom. This is not even the language of law and order.

Unfortunately, this is how the government at all levels—federal, state and local—now responds to those who choose to exercise their First Amendment right to speak freely.

If we no longer have the right to tell a Census Worker to get off our property, if we no longer have the right to tell a police officer to get a search warrant before they dare to walk through our door, if we no longer have the right to stand in front of the Supreme Court wearing a protest sign or approach an elected representative to share our views, if we no longer have the right to protest unjust laws by voicing our opinions in public or on our clothing or before a legislative body, then we do not have free speech.

What we have instead is regulated, controlled, censored speech, and that’s a whole other ballgame.

Remember, the unspoken freedom enshrined in the First Amendment is the right to challenge government agents, think freely and openly debate issues without being muzzled or treated like a criminal.

Americans are being brainwashed into believing that anyone who wears a government uniform—soldier, police officer, prison guard—must be obeyed without question.

Of course, the Constitution takes a far different position, but does anyone in the government even read, let alone abide by, the Constitution anymore?

The government does not want us to remember that we have rights, let alone attempting to exercise those rights peaceably and lawfully. And it definitely does not want us to engage in First Amendment activities that challenge the government’s power, reveal the government’s corruption, expose the government’s lies, and encourage the citizenry to push back against the government’s many injustices.

Yet by muzzling the citizenry, by removing the constitutional steam valves that allow people to speak their minds, air their grievances and contribute to a larger dialogue that hopefully results in a more just world, the government is creating a climate in which violence becomes inevitable.

When there is no First Amendment steam valve, then frustration builds, anger grows and people become more volatile and desperate to force a conversation.

As John F. Kennedy warned, “Those who make peaceful revolution impossible will make violent revolution inevitable.”

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the government is making violent revolution inevitable.

Source: https://tinyurl.com/c6n7tnep

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

The State of Our Nation No One’s Talking About: Tyranny Is Rising as Freedom Falls

Posted: March 12, 2024 in Uncategorized
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“Never has our future been more unpredictable, never have we depended so much on political forces that cannot be trusted to follow the rules of common sense and self-interest—forces that look like sheer insanity, if judged by the standards of other centuries.”—Hannah Arendt, The Origins of Totalitarianism

Day by day, tyranny is rising as freedom falls.

The U.S. military is being used to patrol subway stations and police the U.S.-Mexico border, supposedly in the name of national security.

The financial sector is being used to carry out broad surveillance of Americans’ private financial data, while the entertainment sector is being tapped to inform on video game enthusiasts with a penchant for violent, potentially extremist content, all in an alleged effort to uncover individuals subscribing to anti-government sentiments

Public and private venues are being equipped with sophisticated surveillance technologies, including biometric and facial recognition software, to track Americans wherever they go and whatever they do. Space satellites with powerful overhead surveillance cameras will render privacy null and void.

This is the state of our nation that no is talking about—not the politicians, not the courts, and not Congress: the government’s power grabs are growing bolder, while the rights of the citizenry continue to be trampled underfoot.

Hitler is hiding in the shadows, while the citizenry—the only ones powerful enough to stem the authoritarian tide that threatens to lay siege to our constitutional republic—remain easily distracted and conveniently diverted by political theatrics and news cycles that change every few days.

This sorry truth has persisted no matter which party has controlled Congress or the White House.  

These are dangerous times.

Yet while the presidential candidates talk at length about the dangers posed by the opposition party, the U.S. government still poses the gravest threat to our freedoms and way of life.

Police shootings of unarmed individuals, invasive surveillance, roadside blood draws, roadside strip searches, SWAT team raids gone awry, the military industrial complex’s costly wars, pork barrel spending, pre-crime laws, civil asset forfeiture, fusion centers, militarization, armed drones, smart policing carried out by AI robots, courts that march in lockstep with the police state, schools that function as indoctrination centers, bureaucrats that keep the Deep State in power: these are just a few of the ways in which the police state continues to flex its muscles in a show of force intended to intimidate anyone still clinging to the antiquated notion that the government answers to “we the people.”

Consider for yourself the state of our nation:

Americans have little protection against police abuse. The police and other government agents have been generally empowered to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts. 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.

Americans are little more than pocketbooks to fund the police state. 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 with their secret budgets, covert agendas and clandestine activities.

Americans are no longer innocent until proven guilty. We once operated under the assumption that you were innocent until proven guilty. Due in large part to rapid advances in technology and a heightened surveillance culture, the burden of proof has been shifted so that the right to be considered innocent until proven guilty has been usurped by a new norm in which all citizens are suspects. Indeed, the government—in cahoots with the corporate state—has erected the ultimate suspect society. In such an environment, we are all potentially guilty of some wrongdoing or other.

Americans no longer have a right to self-defense. While the courts continue to disagree over the exact nature of the rights protected by the Second Amendment, the government itself has made its position extremely clear. When it comes to gun rights in particular, and the rights of the citizenry overall, the U.S. government has adopted a “do what I say, not what I do” mindset. Nowhere is this double standard more evident than in the government’s attempts to arm itself to the teeth, all the while viewing as suspect anyone who dares to legally own a gun, let alone use one in self-defense. Indeed, while it still technically remains legal to own a firearm in America, possessing one can now get you pulled over, searched, arrested, subjected to all manner of surveillance, treated as a suspect without ever having committed a crime, shot at, and killed.

Americans no longer have a right to private property. If government agents can invade your home, break down your doors, kill your dog, damage your furnishings and terrorize your family, your property is no longer private and secure—it belongs to the government. 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.

Americans no longer have a say about what their children are exposed to in school. Incredibly, the government continues to insist that parents essentially forfeit their rights when they send their children to a public school. This growing tension over whether young people, especially those in the public schools, are essentially wards of the state, to do with as government officials deem appropriate, in defiance of the children’s constitutional rights and those of their parents, is at the heart of almost every debate over educational programming, school discipline, and the extent to which parents have any say over their children’s wellbeing in and out of school.

Americans are powerless in the face of militarized police forces. With local police agencies acquiring military-grade weaponry, training and equipment better suited for the battlefield, Americans are finding their once-peaceful communities transformed into military outposts patrolled by a standing military army.

Americans no longer have a right to bodily integrity. The debate over bodily integrity covers broad territory, ranging from abortion and euthanasia to forced blood draws, biometric surveillance and basic healthcare. Forced vaccinations, forced cavity searches, forced colonoscopies, forced blood draws, forced breath-alcohol tests, forced DNA extractions, forced eye scans, forced inclusion in biometric databases: these are just a few ways in which Americans continue to be reminded that we have no control over what happens to our bodies during an encounter with government officials.

Americans no longer have a right to the expectation of privacy. Despite the staggering number of revelations about government spying on Americans’ phone calls, Facebook posts, Twitter tweets, Google searches, emails, bookstore and grocery purchases, bank statements, commuter toll records, etc., Congress, the president and the courts have done little to nothing to counteract these abuses. Instead, they seem determined to accustom us to life in this electronic concentration camp.

Americans no longer have a representative government. We have moved beyond the era of representative government and entered the age of authoritarianism, where all citizens are suspects, security trumps freedom, and so-called elected officials represent the interests of the corporate power elite. This topsy-turvy travesty of law and government has become America’s new normal.

Americans can no longer rely on the courts to mete out justice. The U.S. Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency, the justices of the Supreme Court have become the architects of the American police state in which we now live, while the lower courts have appointed themselves courts of order, concerned primarily with advancing the government’s agenda, no matter how unjust or illegal.

I haven’t even touched on the corporate state, the military industrial complex, SWAT team raids, invasive surveillance technology, zero tolerance policies in the schools, overcriminalization, or privatized prisons, to name just a few, but what I have touched on should be enough to show that the landscape of our freedoms has already changed dramatically from what it once was and will no doubt continue to deteriorate unless Americans can find a way to wrest back control of their government and reclaim their freedoms.

This steady slide towards tyranny, meted out by militarized local and federal police and legalistic bureaucrats, has been carried forward by each successive president over the past seventy-plus years regardless of their political affiliation.

The more things change, the more they stay the same.

We are walking a dangerous path right now.

Having allowed the government to expand and exceed our reach, we find ourselves on the losing end of a tug-of-war over control of our country and our lives. And for as long as we let them, government officials will continue to trample on our rights, always justifying their actions as being for the good of the people.

Yet the government can only go as far as “we the people” allow. Therein lies the problem.

The pickle we find ourselves in speaks volumes about the nature of the government beast we have been saddled with and how it views the rights and sovereignty of “we the people.”

Now you don’t hear a lot about sovereignty anymore. Sovereignty is a dusty, antiquated term that harkens back to an age when kings and emperors ruled with absolute power over a populace that had no rights. Americans turned the idea of sovereignty on its head when they declared their independence from Great Britain and rejected the absolute authority of King George III. In doing so, Americans claimed for themselves the right to self-government and established themselves as the ultimate authority and power.

In other words, in America, “we the people”— sovereign citizens—call the shots.

So when the government acts, it is supposed to do so at our bidding and on our behalf, because we are the rulers.

That’s not exactly how it turned out, though, is it?

In the 200-plus years since we boldly embarked on this experiment in self-government, we have been steadily losing ground to the government’s brazen power grabs, foisted upon us in the so-called name of national security.

We have relinquished control over the most intimate aspects of our lives to government officials who, while they may occupy seats of authority, are neither wiser, smarter, more in tune with our needs, more knowledgeable about our problems, nor more aware of what is really in our best interests.

The government has knocked us off our rightful throne. It has usurped our rightful authority. It has staged the ultimate coup. Its agents no longer even pretend that they answer to “we the people.”

Worst of all, “we the people” have become desensitized to this constant undermining of our freedoms.

How do we reconcile the Founders’ vision of the government as an entity whose only purpose is to serve the people with the police state’s insistence that the government is the supreme authority, that its power trumps that of the people themselves, and that it may exercise that power in any way it sees fit (that includes government agents crashing through doors, mass arrests, ethnic cleansing, racial profiling, indefinite detentions without due process, and internment camps)?

They cannot be reconciled. They are polar opposites.

We are fast approaching a moment of reckoning where we will be forced to choose between the vision of what America was intended to be (a model for self-governance where power is vested in the people) and the reality of what it has become (a police state where power is vested in the government).

We are repeating the mistakes of history—namely, allowing a totalitarian state to reign over us.

Former concentration camp inmate Hannah Arendt warned against this when she wrote:

“No matter what the specifically national tradition or the particular spiritual source of its ideology, totalitarian government always transformed classes into masses, supplanted the party system, not by one-party dictatorships, but by mass movement, shifted the center of power from the army to the police, and established a foreign policy openly directed toward world domination.”

So where does that leave us?

Aldous Huxley predicted that eventually the government would find a way of “making people love their servitude, and producing dictatorship without tears, so to speak, producing a kind of painless concentration camp for entire societies, so that people will in fact have their liberties taken away from them, but will rather enjoy it, because they will be distracted from any desire to rebel by propaganda or brainwashing, or brainwashing enhanced by pharmacological methods. And this seems to be the final revolution.”

The answer? Get un-brainwashed, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries,

Stop allowing yourself to be distracted and diverted.

Learn your rights.

Stand up for the founding principles.

Make your voice and your vote count for more than just political posturing.

Never cease to vociferously protest the erosion of your freedoms at the local and national level.

Most of all, do these things today.

Source: https://tinyurl.com/d8ek38ka

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

Technocensorship: When Corporations Serve As a Front for Government Censors

Posted: February 27, 2024 in Uncategorized
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“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear. We must, therefore, be on our guard against extremists who urge us to adopt police state measures. Such persons advocate breaking down the guarantees of the Bill of Rights in order to get at the communists. They forget that if the Bill of Rights were to be broken down, all groups, even the most conservative, would be in danger from the arbitrary power of government.”—Harry S. Truman, Special Message to the Congress on the Internal Security of the United States (August 8, 1950)

Nothing good can come from allowing the government to sidestep the Constitution.

Unfortunately, the government has become an expert at disregarding constitutional roadblocks intended to protect the rights of the citizenry.

When these end-runs don’t suffice, the government hides behind the covert, clandestine, classified language of national security; or obfuscates, complicates, stymies, and bamboozles; or creates manufactured diversions to keep the citizenry in the dark; or works through private third parties not traditionally bound by the Constitution.

This last tactic is increasingly how the government gets away with butchering our freedoms, by having its corporate partners serve as a front for its nefarious deeds.

This is how the police state has managed to carry out an illegal secret dragnet surveillance program on the American people over the course of multiple presidential administrations.

Relying on a set of privacy loopholes, the White House (under Presidents Obama, Trump and now Biden) has been sidestepping the Fourth Amendment by paying AT&T to allow federal, state, and local law enforcement to access—without a warrant—the phone records of Americans who are not suspected of a crime.

The government used a similar playbook to get around the First Amendment, packaged as an effort to control the spread of speculative or false information in the name of national security.

As the House Judiciary Select Subcommittee on Weaponization of the Federal Government revealed, the Biden administration worked in tandem with social media companies to censor content related to COVID-19, including humorous jokes, credible information and so-called disinformation.

Likening the government’s heavy-handed attempts to pressure social media companies to suppress content critical of COVID vaccines or the election to “an almost dystopian scenario,” Judge Terry Doughty warned that “the United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’”

Restricting access to social media has become a popular means of internet censorship.

Dare to voice politically incorrect views in anything louder than a whisper on social media and you might find yourself suspended on Twitter, shut out of Facebook, and banned across various social media platforms. This authoritarian intolerance masquerading as tolerance, civility and love is what comedian George Carlin referred to as “fascism pretending to be manners.”

Social media censorship runs the gamut from content blocking, throttling, and filtering to lockouts, shutdowns, shadow banning and de-platforming.

In fact, these tactics are at the heart of several critical cases before the U.S. Supreme Court over who gets to control, regulate or remove what content is shared on the internet: the individual, corporate censors or the government.

Yet what those who typically champion the right of corporations to be free from government meddling get wrong about these cases is that there can be no free speech when corporations such as Facebook, Google or YouTube become a front for—or extensions of—government censors.

This is the very definition of technocensorship.

On paper—under the First Amendment, at least—we are technically free to speak.

In reality, however, we are now only as free to speak as a government official—or corporate entities such as Facebook, Google or YouTube—may allow.

Clothed in tyrannical self-righteousness, technocensorship is powered by technological behemoths (both corporate and governmental) working in tandem to achieve a common goal: to muzzle, silence and altogether eradicate any speech that runs afoul of the government’s own approved narrative.

This is political correctness taken to its most chilling and oppressive extreme.

This authoritarian impulse to censor and silence “dangerous” speech masquerading as tolerance, civility and a concern for safety (what comedian George Carlin referred to as “fascism pretending to be manners”) is the end result of a politically correct culture that has become radicalized, institutionalized and tyrannical.

You see, the government is not protecting us from “dangerous” disinformation campaigns. It is laying the groundwork to insulate us from “dangerous” ideas that might cause us to think for ourselves and, in so doing, challenge the power elite’s stranglehold over our lives.

Thus far, the tech giants have been able to sidestep the First Amendment by virtue of their non-governmental status, but it’s a dubious distinction at best when they are marching in lockstep with the government’s dictates.

As Philip Hamburger and Jenin Younes write for The Wall Street Journal: “The First Amendment prohibits the government from ‘abridging the freedom of speech.’ Supreme Court doctrine makes clear that government can’t constitutionally evade the amendment by working through private companies.”

It remains to be seen whether the Supreme Court can see itself clear to recognizing that censorship by social media companies acting at the behest of the government runs afoul of the First Amendment.

Bottom line: either we believe in free speech or we don’t.

The answer to the political, legal and moral challenges of our day should always be more speech, not less.

Any individual or group—prominent or not—who is censored, silenced and made to disappear from Facebook, Twitter, YouTube and Instagram for voicing ideas that are deemed politically incorrect, hateful, dangerous or conspiratorial should be cause for alarm across the entire political spectrum.

To ignore the long-term ramifications of such censorship is dangerously naïve, because whatever powers the government and its corporate operatives are allowed to claim now will eventually be used against the populace at large.

These social shunning tactics borrow heavily from the mind control tactics used by authoritarian cults as a means of controlling its members. As Dr. Steven Hassan writes in Psychology Today: “By ordering members to be cut off, they can no longer participate. Information and sharing of thoughts, feelings, and experiences are stifled. Thought-stopping and use of loaded terms keep a person constrained into a black-and-white, all-or-nothing world. This controls members through fear and guilt.”

This mind control can take many forms, but the end result is an enslaved, compliant populace incapable of challenging tyranny.

As Rod Serling, creator of The Twilight Zone, once observed, “We’re developing a new citizenry, one that will be very selective about cereals and automobiles, but won’t be able to think.”

The problem is that we’ve allowed ourselves to be persuaded that we need someone else to think and speak for us, and we’ve bought into the idea that we need the government and its corporate partners to shield us from that which is ugly or upsetting or mean. The result is a society in which we’ve stopped debating among ourselves, stopped thinking for ourselves, and stopped believing that we can fix our own problems and resolve our own differences.

In short, we have reduced ourselves to a largely silent, passive, polarized populace incapable of working through our own problems and reliant on the government to protect us from our fears.

As Nat Hentoff, that inveterate champion of the First Amendment, once observed, “The quintessential difference between a free nation, as we profess to be, and a totalitarian state, is that here everyone, including a foe of democracy, has the right to speak his mind.”

What this means is championing the free speech rights of those with whom we might disagree.

That’s why James Madison, the author of the Bill of Rights, fought for a First Amendment that protected the “minority” against the majority, ensuring that even in the face of overwhelming pressure, a minority of one—even one who espouses distasteful viewpoints—would still have the right to speak freely, pray freely, assemble freely, challenge the government freely, and broadcast his views in the press freely. He understood that freedom for those in the unpopular minority constitutes the ultimate tolerance in a free society.

The government has no tolerance for freedom or free speech of any kind that challenges its chokehold on power.

At some point or another, depending on how the government and its corporate allies define what constitutes “disinformation,” “hate” or “extremism, “we the people” might all be considered guilty of some thought crime or speech transgression or other.

Yet as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it’s a slippery slope from censoring so-called illegitimate ideas to silencing truth.

Eventually, as George Orwell predicted, telling the truth will become a revolutionary act.

Ultimately, the government’s war on free speech—and that’s exactly what it is—is a war that is driven by a government fearful of its people.

As President John F. Kennedy observed, “[A] nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.”

Source: http://tinyurl.com/24ejau2y

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge.

COVID-19 Tested Our Commitment to Freedom. Three Years Later, We’re Still Failing

Posted: February 21, 2024 in Uncategorized
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“The remedy is worse than the disease.”—Francis Bacon

The government never cedes power willingly.

Neither should we.

If the COVID-19 debacle taught us one thing it is that, as Justice Neil Gorsuch acknowledged, “Rule by indefinite emergency edict risks leaving all of us with a shell of a democracy and civil liberties just as hollow.”

Unfortunately, we still haven’t learned.

We’re still allowing ourselves to be fully distracted by circus politics and a constant barrage of bad news screaming for attention.

Three years after the onset of the COVID-19 pandemic, which gave world governments (including our own) a convenient excuse for expanding their powers, abusing their authority, and further oppressing their constituents, there’s something being concocted in the dens of power.

The danger of martial law persists.

Any government so willing to weaponize one national crisis after another in order to expand its powers and justify all manner of government tyranny in the so-called name of national security will not hesitate to override the Constitution and lockdown the nation again.

You’d better get ready, because that so-called crisis could be anything: civil unrest, national emergencies, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters.”

COVID-19 was a test to see how quickly the populace would march in lockstep with the government’s dictates, no questions asked, and how little resistance the citizenry would offer up to the government’s power grabs when made in the name of national security.

“We the people” failed that test spectacularly.

Characterized by Supreme Court Justice Neil Gorsuch as “the greatest intrusions on civil liberties in the peacetime history of this country,” the government’s COVID-19 response to the COVID-19 pandemic constituted a massively intrusive, coercive and authoritarian assault on the right of individual sovereignty over one’s life, self and private property.

In a statement attached to the Supreme Court’s ruling in Arizona v. Mayorkas, a case that challenged whether the government could continue to use it pandemic powers even after declaring the public health emergency over, Gorsuch provided a catalog of the many ways in which the government used COVID-19 to massively overreach its authority and suppress civil liberties:

“Executive officials across the country issued emergency decrees on a breathtaking scale. Governors and local leaders imposed lockdown orders forcing people to remain in their homes. They shuttered businesses and schools, public and private. They closed churches even as they allowed casinos and other favored businesses to carry on. They threatened violators not just with civil penalties but with criminal sanctions too. They surveilled church parking lots, recorded license plates, and issued notices warning that attendance at even outdoor services satisfying all state social-distancing and hygiene requirements could amount to criminal conduct. They divided cities and neighborhoods into color-coded zones, forced individuals to fight for their freedoms in court on emergency timetables, and then changed their color-coded schemes when defeat in court seemed imminent.”

Truly, the government’s (federal and state) handling of the COVID-19 pandemic delivered a knockout blow to our civil liberties, empowering the police state to flex its powers by way of a bevy of lockdowns, mandates, restrictions, contact tracing programs, heightened surveillance, censorship, overcriminalization, etc.

What started off as an experiment in social distancing in order to flatten the curve of an unknown virus (and not overwhelm the nation’s hospitals or expose the most vulnerable to unavoidable loss of life scenarios) quickly became strongly worded suggestions for citizens to voluntarily stay at home and strong-armed house arrest orders with penalties in place for non-compliance.

Every day brought a drastic new set of restrictions by government bodies (most have been delivered by way of executive orders) at the local, state and federal level that were eager to flex their muscles for the so-called “good” of the populace.

There was talk of mass testing for COVID-19 antibodies, screening checkpoints, mass surveillance in order to carry out contact tracing, immunity passports to allow those who have recovered from the virus to move around more freely, snitch tip lines for reporting “rule breakers” to the authorities, and heavy fines and jail time for those who dared to venture out without a mask, congregate in worship without the government’s blessing, or re-open their businesses without the government’s say-so.

It was even suggested that government officials should mandate mass vaccinations and “ensure that people without proof of vaccination would not be allowed, well, anywhere.”

Those tactics were already being used abroad.

In Italy, the unvaccinated were banned from restaurants, bars and public transportation, and faced suspensions from work and monthly fines. Similarly, France banned the unvaccinated from most public venues.

In Austria, anyone who had not complied with the vaccine mandate faced fines up to $4100. Police were to be authorized to carry out routine checks and demand proof of vaccination, with penalties of as much as $685 for failure to do so.

In China, which adopted a zero tolerance, “zero COVID” strategy, whole cities—some with populations in the tens of millions—were forced into home lockdowns for weeks on end, resulting in mass shortages of food and household supplies. Reports surfaced of residents “trading cigarettes for cabbage, dishwashing liquid for apples and sanitary pads for a small pile of vegetables. One resident traded a Nintendo Switch console for a packet of instant noodles and two steamed buns.”

For those unfortunate enough to contract COVID-19, China constructed “quarantine camps” throughout the country: massive complexes boasting thousands of small, metal boxes containing little more than a bed and a toilet. Detainees—including children, pregnant women and the elderly— were reportedly ordered to leave their homes in the middle of the night, transported to the quarantine camps in buses and held in isolation.

If this last scenario sounds chillingly familiar, it should.

Eighty years ago, another authoritarian regime established more than 44,000 quarantine camps for those perceived as “enemies of the state”: racially inferior, politically unacceptable or simply noncompliant.

While the majority of those imprisoned in the Nazi concentration camps, forced labor camps, incarceration sites and ghettos were Jews, there were also Polish nationals, gypsies, Russians, political dissidents, resistance fighters, Jehovah’s Witnesses, and homosexuals.

Culturally, we have become so fixated on the mass murders of Jewish prisoners by the Nazis that we overlook the fact that the purpose of these concentration camps were initially intended to “incarcerate and intimidate the leaders of political, social, and cultural movements that the Nazis perceived to be a threat to the survival of the regime.”

How do you get from there to here, from Auschwitz concentration camps to COVID quarantine centers?

You don’t have to be a conspiracy theorist to connect the dots.

You just have to recognize the truth in the warning: power corrupts, and absolute power corrupts absolutely.

This is about what happens when good, generally decent people—distracted by manufactured crises, polarizing politics, and fighting that divides the populace into warring “us vs. them” camps—fail to take note of the looming danger that threatens to wipe freedom from the map and place us all in chains.

It’s about what happens when any government is empowered to adopt a comply-or-suffer-the-consequences mindset that is enforced through mandates, lockdowns, penalties, detention centers, martial law, and a disregard for the rights of the individual.

This is the slippery slope: a government empowered to restrict movements, limit individual liberty, and isolate “undesirables” to prevent the spread of a disease is a government that has the power to lockdown a country, label whole segments of the population a danger to national security, and force those undesirables—a.k.a. extremists, dissidents, troublemakers, etc.—into isolation so they don’t contaminate the rest of the populace.

The slippery slope begins with propaganda campaigns about the public good being more important than individual liberty, and it ends with lockdowns and concentration camps.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the danger signs are everywhere.

COVID-19 was merely one crisis in a long series of crises that the government has shamelessly exploited in order to justify its power grabs and acclimate the citizenry to a state of martial law disguised as emergency powers.

Everything I have warned about for years—government overreach, invasive surveillance, martial law, abuse of powers, militarized police, weaponized technology used to track and control the citizenry, and so on—has become part of the government’s arsenal of terrifying lockdown powers should the need arise.

What we should be bracing for is: what comes next?

Source: http://tinyurl.com/3n4f8cz2

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

Criminality in the White House: The Rise of the Political Psychopath

Posted: January 10, 2024 in Uncategorized
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“When the President does it, that means that it is not illegal.”—Richard Nixon

Many years ago, a newspaper headline asked the question: “What’s the difference between a politician and a psychopath?”

The answer, then and now, remains the same: None.

There is no difference between psychopaths and politicians.

Nor is there much of a difference between the havoc wreaked on innocent lives by uncaring, unfeeling, selfish, irresponsible, parasitic criminals and elected officials who lie to their constituents, trade political favors for campaign contributions, turn a blind eye to the wishes of the electorate, cheat taxpayers out of hard-earned dollars, favor the corporate elite, entrench the military industrial complex, and spare little thought for the impact their thoughtless actions and hastily passed legislation might have on defenseless citizens.

Psychopaths and politicians both have a tendency to be selfish, callous, remorseless users of others, irresponsible, pathological liars, glib, con artists, lacking in remorse and shallow.

Charismatic politicians, like criminal psychopaths, exhibit a failure to accept responsibility for their actions, have a high sense of self-worth, are chronically unstable, have socially deviant lifestyles, need constant stimulation, have parasitic lifestyles and possess unrealistic goals.

It doesn’t matter whether you’re talking about Democrats or Republicans.

Political psychopaths are all largely cut from the same pathological cloth, brimming with seemingly easy charm and boasting calculating minds. Such leaders eventually create pathocracies: totalitarian societies bent on power, control, and destruction of both freedom in general and those who exercise their freedoms.

Once psychopaths gain power, the result is usually some form of totalitarian government or a pathocracy. “At that point, the government operates against the interests of its own people except for favoring certain groups,” author James G. Long notes. “We are currently witnessing deliberate polarizations of American citizens, illegal actions, and massive and needless acquisition of debt. This is typical of psychopathic systems, and very similar things happened in the Soviet Union as it overextended and collapsed.”

In other words, electing a psychopath to public office is tantamount to national hara-kiri, the ritualized act of self-annihilation, self-destruction and suicide. It signals the demise of democratic government and lays the groundwork for a totalitarian regime that is legalistic, militaristic, inflexible, intolerant and inhuman.

Incredibly, despite clear evidence of the damage that has already been inflicted on our nation and its citizens by a psychopathic government, voters continue to elect psychopaths to positions of power and influence.

Indeed, a study from Southern Methodist University found that Washington, DC—our nation’s capital and the seat of power for our so-called representatives—ranks highest on the list of regions that are populated by psychopaths.

According to investigative journalist Zack Beauchamp, “In 2012, a group of psychologists evaluated every President from Washington to Bush II using ‘psychopathy trait estimates derived from personality data completed by historical experts on each president.’ They found that presidents tended to have the psychopath’s characteristic fearlessness and low anxiety levels — traits that appear to help Presidents, but also might cause them to make reckless decisions that hurt other people’s lives.”

The willingness to prioritize power above all else, including the welfare of their fellow human beings, ruthlessness, callousness and an utter lack of conscience are among the defining traits of the sociopath.

When our own government no longer sees us as human beings with dignity and worth but as things to be manipulated, maneuvered, mined for data, manhandled by police, conned into believing it has our best interests at heart, mistreated, jailed if we dare step out of line, and then punished unjustly without remorse—all the while refusing to own up to its failings—we are no longer operating under a constitutional republic.

Instead, what we are experiencing is a pathocracy: tyranny at the hands of a psychopathic government, which “operates against the interests of its own people except for favoring certain groups.”

Worse, psychopathology is not confined to those in high positions of government. It can spread like a virus among the populace. As an academic study into pathocracy concluded, “[T]yranny does not flourish because perpetuators are helpless and ignorant of their actions. It flourishes because they actively identify with those who promote vicious acts as virtuous.”

People don’t simply line up and salute. It is through one’s own personal identification with a given leader, party or social order that they become agents of good or evil.

Much depends on how leaders “cultivate a sense of identification with their followers,” says Professor Alex Haslam. “I mean one pretty obvious thing is that leaders talk about ‘we’ rather than ‘I,’ and actually what leadership is about is cultivating this sense of shared identity about ‘we-ness’ and then getting people to want to act in terms of that ‘we-ness,’ to promote our collective interests. . . . [We] is the single word that has increased in the inaugural addresses over the last century . . . and the other one is ‘America.’”

The goal of the modern corporate state is obvious: to promote, cultivate, and embed a sense of shared identification among its citizens. To this end, “we the people” have become “we the police state.”

We are fast becoming slaves in thrall to a faceless, nameless, bureaucratic totalitarian government machine that relentlessly erodes our freedoms through countless laws, statutes, and prohibitions.

Any resistance to such regimes depends on the strength of opinions in the minds of those who choose to fight back. What this means is that we the citizenry must be very careful that we are not manipulated into marching in lockstep with an oppressive regime.

Writing for ThinkProgress, Beauchamp suggests that “one of the best cures to bad leaders may very well be political democracy.”

But what does this really mean in practical terms?

It means holding politicians accountable for their actions and the actions of their staff using every available means at our disposal: through investigative journalism (what used to be referred to as the Fourth Estate) that enlightens and informs, through whistleblower complaints that expose corruption, through lawsuits that challenge misconduct, and through protests and mass political action that remind the powers-that-be that “we the people” are the ones that call the shots.

Remember, education precedes action. Citizens need to the do the hard work of educating themselves about what the government is doing and how to hold it accountable. Don’t allow yourselves to exist exclusively in an echo chamber that is restricted to views with which you agree. Expose yourself to multiple media sources, independent and mainstream, and think for yourself.

For that matter, no matter what your political leanings might be, don’t allow your partisan bias to trump the principles that serve as the basis for our constitutional republic. As Beauchamp notes, “A system that actually holds people accountable to the broader conscience of society may be one of the best ways to keep conscienceless people in check.”

That said, if we allow the ballot box to become our only means of pushing back against the police state, the battle is already lost.

Resistance will require a citizenry willing to be active at the local level.

Yet if you wait to act until the SWAT team is crashing through your door, until your name is placed on a terror watch list, until you are reported for such outlawed activities as collecting rainwater or letting your children play outside unsupervised, then it will be too late.

This much I know: we are not faceless numbers.

We are not cogs in the machine.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, we are not slaves.

We are human beings, and for the moment, we have the opportunity to remain free—that is, if we tirelessly advocate for our rights and resist at every turn attempts by the government to place us in chains.

The Founders understood that our freedoms do not flow from the government. They were not given to us only to be taken away by the will of the State. They are inherently ours. In the same way, the government’s appointed purpose is not to threaten or undermine our freedoms, but to safeguard them.

Until we can get back to this way of thinking, until we can remind our fellow Americans what it really means to be free, and until we can stand firm in the face of threats to our freedoms, we will continue to be treated like slaves in thrall to a bureaucratic police state run by political psychopaths.

Source: http://tinyurl.com/3r4n5evz

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.

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