Posts Tagged ‘dissent’

When Dissent Becomes a Crime: The War on Political Speech Begins

Posted: March 12, 2025 in Uncategorized
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“Once the principle is established that the government can arrest and jail protesters… officials will use it to silence opposition broadly.”—Heather Cox Richardson, historian

You can’t have it both ways.

You can’t live in a constitutional republic if you allow the government to act like a police state.

You can’t claim to value freedom if you allow the government to operate like a dictatorship.

You can’t expect to have your rights respected if you allow the government to treat whomever it pleases with disrespect and an utter disregard for the rule of law.

There’s always a boomerang effect.

Whatever dangerous practices you allow the government to carry out now—whether it’s in the name of national security or protecting America’s borders or making America great again—rest assured, these same practices can and will be used against you when the government decides to set its sights on you.

Arresting political activists engaged in lawful, nonviolent protest activities is merely the shot across the bow.

The chilling of political speech and suppression of dissident voices are usually among the first signs that you’re in the midst of a hostile takeover by forces that are not friendly to freedom.

This is how it begins.

Consider that Khalil Mahmoud, an anti-war protester and recent graduate of Columbia University, was arrested on a Saturday night by ICE agents who appeared ignorant of his status as a legal U.S. resident and his rights thereof. That these very same ICE agents also threatened to arrest Mahmoud’s eight-months-pregnant wife, an American citizen, is also telling.

This does not seem to be a regime that respects the rights of the people.

Indeed, these ICE agents, who were “just following orders” from on high, showed no concern that the orders they had been given were trumped up, politically motivated and unconstitutional.

If this is indeed the first of many arrests to come, what’s next? Or more to the point, who’s next?

We are all at risk.

History shows that when governments claim the power to silence dissent—whether in the name of national security, border protection, or law and order—that power rarely remains limited. What starts as a crackdown on so-called “threats” quickly expands to include anyone who challenges those in power.

President Trump has made it clear that Mahmoud’s arrest is just “the first arrest of many to come.” He has openly stated his intent to target noncitizens who engage in activities he deems contrary to U.S. interests—an alarmingly vague standard that seems to change at his whim, the First Amendment be damned.

If history is any guide, the next targets will not just be immigrants or foreign-born activists. They will be American citizens who dare to speak out.

If you need further proof of Trump’s disregard for constitutional rights, look no further than his recent declaration that boycotting Tesla is illegal—a chilling statement that reveals his fundamental misunderstanding of both free speech and the rule of law.

For the record, there is nothing illegal about exercising one’s First Amendment right of speech, assembly, and protest in a nonviolent way to bring about social change by boycotting private businesses. In fact, the U.S. Supreme Court ruled 8-0 in NAACP v. Claiborne Hardware Co. (1982) that nonviolent boycotts are a form of political speech which are entitled to First Amendment protection.

The problem, unfortunately, when you’re dealing with a president who believes that he can do whatever he wants because he is the law is that anyone and anything can become a target.

Mahmoud is the test case.

As journalists Gabe Kaminsky, Madeleine Rowley, and Maya Sulkin point out, Mahmoud’s arrest for being a “threat to the foreign policy and national security interests of the United States” (note: he is not actually accused of breaking any laws) is being used as a blueprint for other arrests to come.

What this means is that anyone who dares to disagree with the government and its foreign policy and express that disagreement could be considered a threat to the country’s “national security interests.”

Yet the right to speak out against government wrongdoing is the quintessential freedom.

Indeed, the First Amendment does more than give us a right to criticize our country: it makes it a civic duty. Certainly, if there is one freedom among the many spelled out in the Bill of Rights that is especially patriotic, it is the right to criticize the government.

Unfortunately, the Deep State doesn’t take kindly to individuals who speak truth to power.

This is nothing new, nor is it unique to any particular presidential administration.

Throughout history, U.S. presidents have used their power to suppress dissent. The Biden administration equated the spread of “misinformation” with terrorism. Trump called the press “the enemy of the people” and suggested protesting should be illegal. Obama expanded anti-protest laws and cracked down on whistleblowers. Bush’s Patriot Act made it a crime to support organizations the government deemed terrorist, even in lawful ways. This pattern stretches back centuries—FDR censored news after Pearl Harbor, Woodrow Wilson outlawed criticism of war efforts, and John Adams criminalized speaking against the government.

Regardless of party, those in power have repeatedly sought to limit free speech. What’s new is the growing willingness to criminalize political dissent under the guise of national security.

Clearly, the government has been undermining our free speech rights for quite a while now, but Trump’s antagonism towards free speech is taking this hostility to new heights.

The government has a history of using crises—real or manufactured—to expand its power.

Once dissent is labeled a threat, it’s only a matter of time before laws meant for so-called extremists are used against ordinary citizens. Criticizing policy, protesting, or even refusing to conform could be enough to put someone on a watchlist.

We’ve seen this before.

The government has a long list of “suspicious” ideologies and behaviors it uses to justify surveillance and suppression. Today’s justification may be immigration; tomorrow, it could be any form of opposition.

This is what we know: the government has the means, the muscle and the motivation to detain individuals who resist its orders and do not comply with its mandates in a vast array of prisons, detention centers, and concentration camps paid for with taxpayer dollars.

It’s just a matter of time.

It no longer matters what the hot-button issue might be (vaccine mandates, immigration, gun rights, abortion, same-sex marriage, healthcare, criticizing the government, protesting election results, etc.) or which party is wielding its power like a hammer.

The groundwork has already been laid.

Under the indefinite detention provision of the National Defense Authorization Act (NDAA), the President and the military can detain and imprison American citizens with no access to friends, family or the courts if the government believes them to be a terrorist.

So it should come as no surprise that merely criticizing the government could get you labeled as a terrorist.

After all, it doesn’t take much to be considered a terrorist anymore, especially given that the government likes to use the words “anti-government,” “extremist” and “terrorist” interchangeably.

This is what happens when you not only put the power to determine who is a potential danger in the hands of government agencies, the courts and the police but also give those agencies liberal authority to lock individuals up for perceived wrongs.

It’s a system just begging to be abused by power-hungry bureaucrats desperate to retain their power at all costs.

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.

This is not just about one administration or one set of policies. This is a broader pattern of governmental overreach that has been allowed to unfold, unchecked and unchallenged. And at the heart of this loss of freedom is a fundamental misunderstanding—or even a deliberate abandonment—of what sovereignty really means in America.

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, as the preamble to the Constitution states, 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.

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.”

This is how far our republic has fallen and how desensitized “we the people” have become to this constant undermining of our freedoms.

If we are to put an end to this steady slide into totalitarianism, that goose-stepping form of tyranny in which the government has all of the power and “we the people” have none, we must begin by refusing to allow the politics of fear to shackle us to a dictatorship.

President Trump wants us to believe that the menace we face (imaginary or not) is so sinister, so overwhelming, so fearsome that the only way to surmount the danger is by empowering the government to take all necessary steps to quash it, even if that means allowing government jackboots to trample all over the Constitution.

Don’t believe it. That argument has been tried before.

The government’s overblown, extended wars on terrorism, drugs, violence and illegal immigration have all been convenient ruses used to terrorize the populace into relinquishing more of their freedoms in exchange for elusive promises of security.

We are walking a dangerous path right now.

Political arrests. Harassment. Suppression of dissident voices. Retaliation. Detention centers for political prisoners.

These are a harbinger of what’s to come if the Trump administration carries through on its threats to crack down on any and all who exercise their First Amendment rights to free speech and protest.

We are being acclimated to bolder power grabs, acts of lawlessness, and a pattern of intimidation, harassment, and human rights violations by government officials. And yet, in the midst of this relentless erosion of our freedoms, the very concept of sovereignty—the foundational idea that the people, not the government, hold ultimate power—has been all but forgotten.

“Sovereignty” used to mean something fundamental in America: the idea that the government serves at the will of the people, that “we the people” are the rightful rulers of this land, and that no one, not even the president, is above the law. But today, that notion is scarcely discussed, as the government continues its unchecked expansion.

We have lost sight of the fact that our power is meant to restrain the government, not the other way around.

Don’t allow yourselves to be distracted, derailed or desensitized.

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 moment these acts of aggression becomes the new normal, authoritarianism won’t be a distant threat; it will be reality.

Source: https://tinyurl.com/2rt4sxhr

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. 

Digital Kill Switches: How Tyrannical Governments Stifle Political Dissent

Posted: January 17, 2024 in Uncategorized
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“No president from either party should have the sole power to shut down or take control of the internet or any other of our communication channels during an emergency.”—Senator Rand Paul

What’s to stop the U.S. government from throwing the kill switch and shutting down phone and internet communications in a time of so-called crisis?

After all, it’s happening all over the world.

Communications kill switches have become tyrannical tools of domination and oppression to stifle political dissent, shut down resistance, forestall election losses, reinforce military coups, and keep the populace isolated, disconnected and in the dark, literally and figuratively.

As the Guardian reports, “From Ukraine to Myanmar, government-run internet outages are picking up pace around the world. In 2021, there were 182 shutdowns in 34 countries… Countries across Africa and Asia have turned to shutdowns in a bid to control behaviour, while India, largely in the conflict-ridden region of Jammu and Kashmir, plunged into digital darkness more times than any other last year… Civil unrest in Ethiopia and Kazakhstan has triggered internet shutdowns as governments try to prevent political mobilisation and stop news about military suppression from emerging.”

In an internet-connected age, killing the internet is tantamount to bringing everything—communications, commerce, travel, the power grid—to a standstill.

Tyrants and would-be tyrants rely on this “cloak of darkness” to advance their agendas.

In Myanmar, for example, the internet shutdown came on the day a newly elected government was to have been sworn in. That’s when the military staged a digital coup and seized power. Under cover of a communications blackout that cut off the populace from the outside world and each other, the junta “carried out nightly raids, smashing down doors to drag out high-profile politicians, activists and celebrities.”

These government-imposed communications shutdowns serve to not only isolate, terrorize and control the populace, but also underscore the citizenry’s lack of freedom in the face of the government’s limitless power.

Yet as University of California Irvine law professor David Kaye explains, these kill switches are no longer exclusive to despotic regimes. They have “migrated into a toolbox for governments that actually do have the rule of law.”

This is what digital authoritarianism looks like in a technological age.

Digital authoritarianism, as the Center for Strategic and International Studies cautions, involves the use of information technology to surveil, repress, and manipulate the populace, endangering human rights and civil liberties, and co-opting and corrupting the foundational principles of democratic and open societies, “including freedom of movement, the right to speak freely and express political dissent, and the right to personal privacy, online and off.”

For those who insist that it can’t happen here, it can and it has.

In 2005, cell service was disabled in four major New York tunnels, reportedly to avert potential bomb detonations via cell phone.

In 2009, those attending President Obama’s inauguration had their cell signals blocked—again, same rationale.

And in 2011, San Francisco commuters had their cell phone signals shut down, this time, to thwart any possible protests over a police shooting of a homeless man.

With shutdowns becoming harder to detect, who’s to say it’s not still happening?

Although an internet kill switch is broadly understood to be a complete internet shutdown, it can also include a broad range of restrictions such as content blocking, throttling, filtering, complete shutdowns, and cable cutting.

As Global Risk Intel explains:

“Content blocking is a relatively moderate method that blocks access to a list of selected websites or applications. When users access these sites and apps, they receive notifications that the server could not be found or that access was denied by the network administrator. A more subtle method is throttling. Authorities decrease the bandwidth to slow down the speed at which specific websites can be accessed. A slow internet connection discourages users to connect to certain websites and does not arouse immediate suspicion. Users may assume that connection service is slow but may not conclude that this circumstance was authorized by the government. Filtering is another tool to censor targeted content and erases specific messages and terms that the government does not approve of.”

How often do most people, experiencing server errors and slow internet speeds, chalk it up to poor service? Who would suspect the government of being behind server errors and slow internet speeds?

Then again, this is the same government that has subjected us to all manner of encroachments on our freedoms (lockdowns, mandates, restrictions, contact tracing programs, heightened surveillance, censorship, overcriminalization, shadow banning, etc.) in order to fight the COVID-19 pandemic, preserve the integrity of elections, and combat disinformation.

These tactics have become the tools of domination and oppression in an internet-dependent age.

It really doesn’t matter what the justifications are for such lockdowns. No matter the rationale, the end result is the same: an expansion of government power in direct proportion to the government’s oppression of the citizenry.

According to Global Risk Intel, there are many motives behind such restrictions:

“For instance, the kill switch serves to censor content and constrain the spread of news. This particularly concerns news reports that cover police brutality, human rights abuses, or educational information. Governments may also utilize the kill switch to prevent government-critical protestors from communicating through message applications like WhatsApp, Facebook, or Twitter and organizing mass demonstrations. Therefore, internet restrictions can provide a way of regulating the flow of information and hindering dissent. Governments reason that internet limitations help stop the spread of fake news and strengthen national security and public safety in times of unrest.”

In this age of manufactured crises, emergency powers and technofascism, the government already has the know-how, the technology and the authority.

Now all it needs is the “right” crisis to flip the kill switch.

This particular kill switch can be traced back to the Communications Act of 1934. Signed into law by President Franklin D. Roosevelt, the Act empowers the president to suspend wireless radio and phone services “if he deems it necessary in the interest of national security or defense” during a time of “war or a threat of war, or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States.”

In the event of a national crisis, the president has a veritable arsenal of emergency powers that override the Constitution and can be activated at a moment’s notice. These range from imposing martial law and suspending habeas corpus to shutting down all forms of communications, restricting travel and implementing a communications kill switch.

That national emergency can take any form, can be manipulated for any purpose and can be used to justify any end goal—all on the say so of the president.

The seeds of this ongoing madness were sown several decades ago when George W. Bush stealthily issued two presidential directives that granted the president the power to unilaterally declare a national emergency, which is loosely defined as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions.“

Comprising the country’s Continuity of Government (COG) plan, these directives (National Security Presidential Directive 51 and Homeland Security Presidential Directive 20), which do not need congressional approval, provide a skeletal outline of the actions the president will take in the event of a “national emergency.”

Just what sort of actions the president will take once he declares a national emergency can barely be discerned from the barebones directives. However, one thing is clear: in the event of a perceived national emergency, the COG directives give unchecked executive, legislative and judicial power to the president.

The country would then be subjected to martial law by default, and the Constitution and the Bill of Rights would be suspended.

The internet kill switch is just one piece of the government’s blueprint for locking down the nation and instituting martial law.

There may be many more secret powers that presidents may institute in times of so-called crisis without oversight from Congress, the courts, or the public. These powers do not expire at the end of a president’s term. They remain on the books, just waiting to be used or abused by the next political demagogue.

Given the government’s penchant for weaponizing 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, it’s only a matter of time before this particular emergency power to shut down the internet is activated.

Then again, an all-out communications blackout is just a more extreme version of the technocensorship that we’ve already been experiencing at the hands of the government and its corporate allies.

Packaged as an effort to control the spread of speculative or false information in the name of national security, restricting access to social media has become a popular means of internet censorship.

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 police state.

Nothing good can come from techno-censorship.

As Glenn Greenwald writes for The Intercept:

“The glaring fallacy that always lies at the heart of pro-censorship sentiments is the gullible, delusional belief that censorship powers will be deployed only to suppress views one dislikes, but never one’s own views… Facebook is not some benevolent, kind, compassionate parent or a subversive, radical actor who is going to police our discourse in order to protect the weak and marginalized or serve as a noble check on mischief by the powerful. They are almost always going to do exactly the opposite: protect the powerful from those who seek to undermine elite institutions and reject their orthodoxies. Tech giants, like all corporations, are required by law to have one overriding objective: maximizing shareholder value. They are always going to use their power to appease those they perceive wield the greatest political and economic 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, these censors are laying the groundwork to preempt any “dangerous” ideas that might challenge the power elite’s stranglehold over our lives.

Whatever powers you allow the government and its corporate operatives to claim now, whatever the reason might be, will at some point in the future be abused and used against you by tyrants of your own making.

By the time you add AI technologies, social credit systems, and wall-to-wall surveillance into the mix, you don’t even have to be a critic of the government to get snared in the web of digital censorship.

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

Source: http://tinyurl.com/3xteeb7c

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.