Posts Tagged ‘first amendment’

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. 

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.

Wearing a MAGA Hat or a Taylor Swift Shirt to the Polls Could Get You Barred from Voting

Posted: February 2, 2024 in Uncategorized
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WASHINGTON, D.C. — The U.S. Supreme Court has given government officials the green light to obstruct citizens from voting at polling places based on the content of speech displayed on their clothing.

By refusing to hear an appeal in Ostrewich v. Hudspeth, the U.S. Supreme Court has laid the groundwork for citizens to be prevented from voting merely by wearing something expressive on their clothing that might relate to an item on a ballot. In a joint amicus brief with Justice and Freedom Fund and World Faith Foundation, The Rutherford Institute warned against electioneering laws that give government officials too much discretion to engage in viewpoint discrimination of voters. Conceivably, just the act of wearing a MAGA hat, a Taylor Swift t-shirt, or other apparel that could be perceived by a poll worker as sending a political message could get one criminally prosecuted or prevented from voting in some states.

“These polling place laws can be so vague as to prohibit citizens from voting merely for wearing clothing with images of Martin Luther King Jr. or John Lennon that could be considered ‘relating to’ an item on the ballot” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Yet political speech, especially speech critical of the government, is a constitutional virtue, not a harm. These bans on the passive act of displaying speech, political or otherwise, at a polling place are an affront to the right to political free speech protected by the First Amendment.”

Free expression at polling places has become a contentious issue in recent years, with controversies over “ballot selfies,” the wearing of political apparel to polling places, and even apparel that does not explicitly reference candidates, ballot issues, or politics. For example, when Linda McMahon, the wife of World Wrestling Entertainment chairman Vince McMahon, ran for the U.S. Senate, there were questions over whether voters in Connecticut could be turned away for wearing WWE merchandise. In Georgia, a man was ordered to remove his NRA hat while going to vote. In Texas, it is a criminal misdemeanor for a person to merely wear a badge, insignia, emblem, or other similar communicative device “relating to” a candidate, measure, or political party appearing on the ballot, or to the conduct of the election, within the polling place or within 100 feet of any outside door through which a voter may enter.

In 2018, Jillian Ostrewich, the wife of a firefighter, was prevented from voting while wearing a shirt that contained a union logo and the words “Houston Fire Fighters” because the ballot contained a proposition to guarantee Houston’s firefighters pay parity with the city’s police officers. In order to vote, Ostrewich had to turn her shirt inside-out. Ostrewich subsequently filed suit, alleging that she was unconstitutionally censored and that Texas’s electioneering laws chilled her right to free speech. However, the Fifth Circuit Court of Appeals found the laws to be constitutional. Although the Supreme Court ruled in 2018 to strike down as unconstitutionally vague a Minnesota law that banned political speech on any badge, button, shirt, or hat worn at election polling stations, the Court refused to hear the appeal in Ostrewich, letting that ruling stand and thus allowing for such laws with a slightly narrower scope than Minnesota’s to continue to be enforced.

Attorneys Deborah J. Dewart and James L. Hirsen of the Justice and Freedom Fund helped advance the amici arguments in the Ostrewich v. Hudspeth brief.

The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Source: http://tinyurl.com/55u6fxk9

Supreme Court Urged to Protect Free Speech on Social Media

Posted: January 26, 2024 in Press Release
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WASHINGTON, D.C. — The Rutherford Institute is calling on the U.S. Supreme Court to protect free speech forums on social media from attempts by big tech companies to block, ban, remove, deplatform, demonetize, de-boost, restrict, deny equal access or visibility to, or otherwise discriminate against viewpoints of which they might disapprove.

In an amicus brief filed in NetChoice v. Paxton and Moody v. NetChoice, Rutherford Institute attorneys argue that laws should be allowed to treat social media platforms as free speech forums and secure them from viewpoint-based censorship by big tech companies to promote freedom of speech for all Americans. The joint cases arose in response to laws in Texas and Florida that forbid censorship by Big Tech companies such as Facebook, Google, TikTok and YouTube.

“Technofascism is the modern-day equivalent of book burning, which does away with controversial ideas and the people who espouse them,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Once you allow government agencies and corporations to determine what viewpoints are ‘legitimate,’ you’re already moving fast down a slippery slope that ends with the censorship of all viewpoints altogether other than that of the government and its corporate allies.”

In response to increasing complaints about viewpoint-based censorship by social media companies, Texas and Florida each passed laws to prohibit such content moderation. The Texas law forbids censorship by social media platforms with more than 50 million active monthly users, such as Facebook and YouTube. The law defines “censor” as meaning “to block, ban, remove, deplatform, demonetize, de-boost, restrict, deny equal access or visibility to, or otherwise discriminate against expression.” But the law does not prohibit censorship of unlawful expression, such as involving the sexual exploitation of children and threats of violence. Under the law, platforms must disclose how they moderate and promote content, publish an “acceptable use policy,” and maintain a complaint and appeal system for users whose posts are removed. The Florida law likewise applies to larger social media platforms, but it only prohibits censorship relating to candidates for office and larger “journalistic enterprises.” Both laws treat the platforms as common carriers similar to public utilities.

NetChoice and the Computer & Communications Industry Association—trade associations which represent social media companies like Facebook, Google (which owns YouTube), and TikTok—filed separate lawsuits challenging the two state laws. The Eleventh Circuit Court of Appeals found Florida’s law to be unconstitutional, reasoning that the content-moderation decisions of social media companies is a protected exercise of editorial discretion. However, the Fifth Circuit found the Texas law to be constitutional, rejecting “the idea that corporations have a freewheeling First Amendment right to censor what people say.” The Fifth Circuit also warned that providing corporations with an “unenumerated right to muzzle speech” could pave the way for “email providers, mobile phone companies, and banks [to] cancel the accounts of anyone who…support[s]…a disfavored political party.” In its amicus brief, The Rutherford Institute called on the U.S. Supreme Court to protect Americans’ freedom of speech in the modern public forum of social media.

Attorney Jared Harpt assisted with advancing the arguments in the amicus brief in NetChoice v. Paxton and Moody v. NetChoice.

The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Source: http://tinyurl.com/yc3uxt5t

Government’s Cancel Culture Efforts to Censor, Ostracize & Shun Politically Unpopular Viewpoints on the Rise

Posted: January 19, 2024 in Uncategorized
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WASHINGTON, D.C. — The Rutherford Institute is warning against a growing cancel culture mindset within government agencies across the political spectrum that seeks to censor, ostracize and shun those with opposing, disfavored, or politically unpopular viewpoints.

Weighing in before the U.S. Supreme Court with an amicus brief in NRA of Am. v. Vullo, The Rutherford Institute, FIRE, the National Coalition Against Censorship, and the First Amendment Lawyers Association are challenging efforts by a New York state regulator to circumvent the First Amendment and indirectly penalize the National Rifle Association by pressuring regulated insurance companies to disassociate from and stop offering certain services to the pro-gun advocacy group.

“Knowing what we know about the government’s tendency to attach its own labels to behavior and speech that challenges its authority, these efforts to ostracize those with politically unpopular viewpoints should be cause for alarm across the entire political spectrum,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Whatever government-driven censorship we tolerate now are destined to serve as the building blocks for greater acts of tyranny.”

In October 2017, the New York State Department of Financial Services (DFS) opened an investigation into an NRA-endorsed insurance program called “Carry Guard,” which provided coverage for losses caused by licensed firearm use, including criminal defense costs resulting from the intentional use of a firearm in wrongdoing, which was a violation of New York law. DFS Superintendent Maria Vullo met with one of the insurance companies under investigation, which was facing millions in fines, and explained how the company could come into compliance, including by no longer providing insurance to gun groups like the NRA. Vullo also sought the company’s aid in DFS’s campaign against gun groups following the February 2018 school shooting in Parkland, Florida. Later, Vullo called upon banks and insurance companies doing business in New York to consider the risks, including reputational risks, which might arise from doing business with the NRA, urging them to join others that had discontinued their associations with the NRA. Multiple entities publicly severed their ties or determined not to do business with the NRA.

In response, the NRA filed a First Amendment lawsuit against Vullo. While the district court would have allowed that claim to proceed to trial, the Second Circuit Court of Appeals ordered the case to be dismissed. Noting that government officials can address issues of public concern as long as they do not use their regulatory powers to coerce entities into refraining from protected speech, the Second Circuit concluded that Vullo did not appear to have crossed the line between proper attempts to convince and improper attempts to coerce. But pointing to Vullo’s words, the perception of a threat for companies continuing to do business with the NRA, and the power of DFS’ regulatory authority as factors showing improper coercion to indirectly censor the NRA, the amici are urging the Supreme Court to make clear that government officials cannot sidestep the First Amendment by framing censorship demands as informal requests.

Robert Corn-Revere, Ronald G. London, Will Creeley, and Joshua A. House with FIRE advanced the arguments in the amicus brief in NRA v. Vullo.

The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Source: http://tinyurl.com/yv2vjaby

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.

We the Targeted: How the Government Weaponizes Surveillance to Silence Its Critics

Posted: August 29, 2023 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.” — President Harry S. Truman

Ever since Martin Luther King Jr. delivered his groundbreaking “I Have a Dream” speech during the March on Washington for Jobs and Freedom on Aug. 28, 1963, the Deep State has been hard at work turning King’s dream into a living nightmare.

The end result of the government’s efforts over the past 60 years is a country where nothing ever really changes, and everyone lives in fear.

Race wars are still being stoked by both the Right and the Left; the military-industrial complex is still waging profit-driven wars at taxpayer expense; the oligarchy is still calling the shots in the seats of government power; and the government is still weaponizing surveillance in order to muzzle anti-government sentiment, harass activists, and terrorize Americans into compliance.

This last point is particularly disturbing.

Starting in the 1950s, the government relied on COINTELPRO, its domestic intelligence program, to neutralize domestic political dissidents. Those targeted by the FBI under COINTELPRO for its intimidation, surveillance and smear campaigns included: Martin Luther King Jr., Malcom X, the Black Panther Party, John Lennon, Billie Holiday, Emma Goldman, Aretha Franklin, Charlie Chaplin, Ernest Hemingway, Felix Frankfurter, and hundreds more.

In more recent decades, the powers-that-be have expanded their reach to target anyone who opposes the police state, regardless of their political leanings.

Advances in technology have enabled the government to deploy a veritable arsenal of surveillance weapons in order to “expose, disrupt, misdirect, discredit, or otherwise neutralize” perceived threats to the government’s power.

Surveillance cameras mounted on utility poles, traffic lights, businesses, and homes. License plate readers. Ring doorbells. GPS devices. Dash cameras. Drones. Store security cameras. Geofencing and geotracking. FitBits. Alexa. Internet-connected devices. Geofencing dragnets. Fusion centers. Smart devices. Behavioral threat assessments. Terror watch lists. Facial recognition. Snitch tip lines. Biometric scanners. Pre-crime. DNA databases. Data mining. Precognitive technology. Contact tracing apps.

What these add up to is a world in which, on any given day, the average person is now monitored, surveilled, spied on and tracked in more than 20 different ways by both government and corporate eyes and ears.

Consider just a small sampling of the ways in which the government is weaponizing its 360 degree surveillance technologies to flag you as a threat to national security, whether or not you’ve done anything wrong.

Flagging you as a danger based on your feelings. Customs and Border Protection is reportedly using an artificial intelligence surveillance program that can detect “sentiment and emotion” in social media posts in order to identify travelers who may be “a threat to public safety, national security, or lawful trade and travel.”

Flagging you as a danger based on your phone and movements. Cell phones have become de facto snitches, offering up a steady stream of digital location data on users’ movements and travels. For instance, the FBI was able to use geofence data to identify more than 5,000 mobile devices (and their owners) in a 4-acre area around the Capitol on January 6. This latest surveillance tactic could land you in jail for being in the “wrong place and time.” Police are also using cell-site simulators to carry out mass surveillance of protests without the need for a warrant. Moreover, federal agents can now employ a number of hacking methods in order to gain access to your computer activities and “see” whatever you’re seeing on your monitor. Malicious hacking software can also be used to remotely activate cameras and microphones, offering another means of glimpsing into the personal business of a target.

Flagging you as a danger based on your DNA. DNA technology in the hands of government officials completes our transition to a Surveillance State. If you have the misfortune to leave your DNA traces anywhere a crime has been committed, you’ve already got a file somewhere in some state or federal database—albeit it may be a file without a name. By accessing your DNA, the government will soon know everything else about you that they don’t already know: your family chart, your ancestry, what you look like, your health history, your inclination to follow orders or chart your own course, etc. After all, a DNA print reveals everything about “who we are, where we come from, and who we will be.” It can also be used to predict the physical appearance of potential suspects. It’s only a matter of time before the police state’s pursuit of criminals expands into genetic profiling and a preemptive hunt for criminals of the future.

Flagging you as a danger based on your face. Facial recognition software aims to create a society in which every individual who steps out into public is tracked and recorded as they go about their daily business. Coupled with surveillance cameras that blanket the country, facial recognition technology allows the government and its corporate partners to identify and track someone’s movements in real-time. One particularly controversial software program created by Clearview AI has been used by police, the FBI and the Department of Homeland Security to collect photos on social media sites for inclusion in a massive facial recognition database. Similarly, biometric software, which relies on one’s unique identifiers (fingerprints, irises, voice prints), is becoming the standard for navigating security lines, as well as bypassing digital locks and gaining access to phones, computers, office buildings, etc. In fact, greater numbers of travelers are opting into programs that rely on their biometrics in order to avoid long waits at airport security. Scientists are also developing lasers that can identify and surveil individuals based on their heartbeats, scent and microbiome.

Flagging you as a danger based on your behavior. Rapid advances in behavioral surveillance are not only making it possible for individuals to be monitored and tracked based on their patterns of movement or behavior, including gait recognition (the way one walks), but have given rise to whole industries that revolve around predicting one’s behavior based on data and surveillance patterns and are also shaping the behaviors of whole populations. One smart “anti-riot” surveillance system purports to predict mass riots and unauthorized public events by using artificial intelligence to analyze social media, news sources, surveillance video feeds and public transportation data.

Flagging you as a danger based on your spending and consumer activities. With every smartphone we buy, every GPS device we install, every Twitter, Facebook, and Google account we open, every frequent buyer card we use for purchases—whether at the grocer’s, the yogurt shop, the airlines or the department store—and every credit and debit card we use to pay for our transactions, we’re helping Corporate America build a dossier for its government counterparts on who we know, what we think, how we spend our money, and how we spend our time. Consumer surveillance, by which your activities and data in the physical and online realms are tracked and shared with advertisers, has become a $300 billion industry that routinely harvests your data for profit. Corporations such as Target have not only been tracking and assessing the behavior of their customers, particularly their purchasing patterns, for years, but the retailer has also funded major surveillance in cities across the country and developed behavioral surveillance algorithms that can determine whether someone’s mannerisms might fit the profile of a thief.

Flagging you as a danger based on your public activities. Private corporations in conjunction with police agencies throughout the country have created a web of surveillance that encompasses all major cities in order to monitor large groups of people seamlessly, as in the case of protests and rallies. They are also engaging in extensive online surveillance, looking for any hints of “large public events, social unrest, gang communications, and criminally predicated individuals.” Defense contractors have been at the forefront of this lucrative market. Fusion centers, $330 million-a-year, information-sharing hubs for federal, state and law enforcement agencies, monitor and report such “suspicious” behavior as people buying pallets of bottled water, photographing government buildings, and applying for a pilot’s license as “suspicious activity.”

Flagging you as a danger based on your social media activities. Every move you make, especially on social media, is monitored, mined for data, crunched, and tabulated in order to form a picture of who you are, what makes you tick, and how best to control you when and if it becomes necessary to bring you in line. As The Intercept reported, the FBI, CIA, NSA and other government agencies are increasingly investing in and relying on corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter and Instagram in order to identify potential extremists and predict who might engage in future acts of anti-government behavior. This obsession with social media as a form of surveillance will have some frightening consequences in coming years. As Helen A.S. Popkin, writing for NBC News, observed, “We may very well face a future where algorithms bust people en masse for referencing illegal ‘Game of Thrones’ downloads… the new software has the potential to roll, Terminator-style, targeting every social media user with a shameful confession or questionable sense of humor.”

Flagging you as a danger based on your social network. Not content to merely spy on individuals through their online activity, government agencies are now using surveillance technology to track one’s social network, the people you might connect with by phone, text message, email or through social message, in order to ferret out possible criminals. An FBI document obtained by Rolling Stone speaks to the ease with which agents are able to access address book data from Facebook’s WhatsApp and Apple’s iMessage services from the accounts of targeted individuals and individuals not under investigation who might have a targeted individual within their network. What this creates is a “guilt by association” society in which we are all as guilty as the most culpable person in our address book.

Flagging you as a danger based on your car. License plate readers are mass surveillance tools that can photograph over 1,800 license tag numbers per minute, take a picture of every passing license tag number and store the tag number and the date, time, and location of the picture in a searchable database, then share the data with law enforcement, fusion centers and private companies to track the movements of persons in their cars. With tens of thousands of these license plate readers now in operation throughout the country, affixed to overpasses, cop cars and throughout business sectors and residential neighborhoods, it allows police to track vehicles and run the plates through law enforcement databases for abducted children, stolen cars, missing people and wanted fugitives. Of course, the technology is not infallible: there have been numerous incidents in which police have mistakenly relied on license plate data to capture out suspects only to end up detaining innocent people at gunpoint.

Flagging you as a danger based on your political views. The Church Committee, the Senate task force charged with investigating COINTELPRO abuses in 1975, concluded that the government had carried out “secret surveillance of citizens on the basis of their political beliefs, even when those beliefs posed no threat of violence or illegal acts on behalf of a hostile foreign power.” The report continued: “Groups and individuals have been harassed and disrupted because of their political views and their lifestyles… Intelligence agencies have served the political and personal objectives of presidents and other high officials.” Nothing has changed since then.

Flagging you as a danger based on your correspondence. Just about every branch of the government—from the Postal Service to the Treasury Department and every agency in between—now has its own surveillance sector, authorized to spy on the American people. For instance, the U.S. Postal Service, which has been photographing the exterior of every piece of paper mail for the past 20 years, is also spying on Americans’ texts, emails and social media posts. Headed up by the Postal Service’s law enforcement division, the Internet Covert Operations Program (iCOP) is reportedly using facial recognition technology, combined with fake online identities, to ferret out potential troublemakers with “inflammatory” posts. The agency claims the online surveillance, which falls outside its conventional job scope of processing and delivering paper mail, is necessary to help postal workers avoid “potentially volatile situations.”

Now the government wants us to believe that we have nothing to fear from these mass spying programs as long as we’ve done nothing wrong.

Don’t believe it.

As Matthew Feeney warns in the New York Times, “In the past, Communists, civil rights leaders, feminists, Quakers, folk singers, war protesters and others have been on the receiving end of law enforcement surveillance. No one knows who the next target will be.”

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.

Moreover, there is a repressive, suppressive effect to surveillance that not only acts as a potentially small deterrent on crime but serves to monitor and chill lawful First Amendment activity, and that is the whole point.

Weaponized surveillance is re-engineering a society structured around the aesthetic of fear.

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 police state wants us silent, servile and compliant.

They definitely do 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.

And they certainly do not want us to remember that we have rights, let alone attempting to exercise those rights peaceably and lawfully, whether it’s protesting police brutality and racism, challenging COVID-19 mandates, questioning election outcomes, or listening to alternate viewpoints—even conspiratorial ones—in order to form our own opinions about the true nature of government. 

Source: https://tinyurl.com/5n8839tw

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.

Technocensorship: The Government’s War on So-Called Dangerous Ideas

Posted: August 1, 2023 in Uncategorized
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“There is more than one way to burn a book. And the world is full of people running about with lit matches.”—Ray Bradbury

What we are witnessing is the modern-day equivalent of book burning which involves doing away with dangerous ideas—legitimate or not—and the people who espouse them.Seventy years after Ray Bradbury’s novel Fahrenheit 451 depicted a fictional world in which books are burned in order to suppress dissenting ideas, while televised entertainment is used to anesthetize the populace and render them easily pacified, distracted and controlled, we find ourselves navigating an eerily similar reality.

Welcome to the age 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.

Case in point: internal documents released by the House Judiciary Select Subcommittee on Weaponization of the Federal Government confirmed what we have long suspected: that the government has been working in tandem with social media companies to censor speech.

By “censor,” we’re referring to concerted efforts by the government 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.

The revelations that Facebook worked in concert with the Biden administration to censor content related to COVID-19, including humorous jokes, credible information and so-called disinformation, followed on the heels of a ruling by a federal court in Louisiana that prohibits executive branch officials from communicating with social media companies about controversial content in their online forums.

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.’”

This is the very definition of technofascism.

Clothed in tyrannical self-righteousness, technofascism is powered by technological behemoths (both corporate and governmental) working in tandem to achieve a common goal.

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.”

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

The steady, pervasive censorship creep that is being inflicted on us by corporate tech giants with the blessing of the powers-that-be threatens to bring about a restructuring of reality straight out of Orwell’s 1984, where the Ministry of Truth polices speech and ensures that facts conform to whatever version of reality the government propagandists embrace.

Orwell intended 1984 as a warning. Instead, it is being used as a dystopian instruction manual for socially engineering a populace that is compliant, conformist and obedient to Big Brother.

This is the slippery slope that leads to the end of free speech as we once knew it.

In a world increasingly automated and filtered through the lens of artificial intelligence, we are finding ourselves at the mercy of inflexible algorithms that dictate the boundaries of our liberties.

Once artificial intelligence becomes a fully integrated part of the government bureaucracy, there will be little recourse: we will all be subject to the intransigent judgments of techno-rulers.

This is how it starts.

First, the censors went after so-called extremists spouting so-called “hate speech.”

Then they went after so-called extremists spouting so-called “disinformation” about stolen elections, the Holocaust, and Hunter Biden.

By the time so-called extremists found themselves in the crosshairs for spouting so-called “misinformation” about the COVID-19 pandemic and vaccines, the censors had developed a system and strategy for silencing the nonconformists.

Eventually, depending on how the government and its corporate allies define what constitutes “extremism, “we the people” might all be considered guilty of some thought crime or other.

Whatever we tolerate now—whatever we turn a blind eye to—whatever we rationalize when it is inflicted on others, whether in the name of securing racial justice or defending democracy or combatting fascism, will eventually come back to imprison us, one and all.

Watch and learn.

We should all be alarmed when any individual or group—prominent or not—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.

Given what we know about the government’s tendency to define its own reality and attach its own labels to behavior and speech that challenges its authority, this should be cause for alarm across the entire political spectrum.

Here’s the point: you don’t have to like or agree with anyone who has been muzzled or made to disappear online because of their views, but to ignore the long-term ramifications of such censorship is dangerously naïve, because whatever powers you allow the government and its corporate operatives to claim now will eventually be used against you by tyrants of your own making.

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.

Be warned: 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.

If the government can control speech, it can control thought and, in turn, it can control the minds of the citizenry.

It’s happening already.

With every passing day, we’re being moved further down the road towards a totalitarian society characterized by government censorship, violence, corruption, hypocrisy and intolerance, all packaged for our supposed benefit in the Orwellian doublespeak of national security, tolerance and so-called “government speech.”

Little by little, Americans are being conditioned to accept routine incursions on their freedoms.

This is how oppression becomes systemic, what is referred to as creeping normality, or a death by a thousand cuts.

It’s a concept invoked by Pulitzer Prize-winning scientist Jared Diamond to describe how major changes, if implemented slowly in small stages over time, can be accepted as normal without the shock and resistance that might greet a sudden upheaval.

Diamond’s concerns related to Easter Island’s now-vanished civilization and the societal decline and environmental degradation that contributed to it, but it’s a powerful analogy for the steady erosion of our freedoms and decline of our country right under our noses.

As Diamond explains, “In just a few centuries, the people of Easter Island wiped out their forest, drove their plants and animals to extinction, and saw their complex society spiral into chaos and cannibalism… Why didn’t they look around, realize what they were doing, and stop before it was too late? What were they thinking when they cut down the last palm tree?”

His answer: “I suspect that the disaster happened not with a bang but with a whimper.”

Much like America’s own colonists, Easter Island’s early colonists discovered a new world—“a pristine paradise”—teeming with life. Yet almost 2000 years after its first settlers arrived, Easter Island was reduced to a barren graveyard by a populace so focused on their immediate needs that they failed to preserve paradise for future generations.

The same could be said of the America today: it, too, is being reduced to a barren graveyard by a populace so focused on their immediate needs that they are failing to preserve freedom for future generations.

In Easter Island’s case, as Diamond speculates:

The forest…vanished slowly, over decades. Perhaps war interrupted the moving teams; perhaps by the time the carvers had finished their work, the last rope snapped. In the meantime, any islander who tried to warn about the dangers of progressive deforestation would have been overridden by vested interests of carvers, bureaucrats, and chiefs, whose jobs depended on continued deforestation… The changes in forest cover from year to year would have been hard to detect… Only older people, recollecting their childhoods decades earlier, could have recognized a difference. Gradually trees became fewer, smaller, and less important. By the time the last fruit-bearing adult palm tree was cut, palms had long since ceased to be of economic significance. That left only smaller and smaller palm saplings to clear each year, along with other bushes and treelets. No one would have noticed the felling of the last small palm.”

Sound painfully familiar yet?

We’ve already torn down the rich forest of liberties established by our founders. It has vanished slowly, over the decades. The erosion of our freedoms has happened so incrementally, no one seems to have noticed. Only the older generations, remembering what true freedom was like, recognize the difference. Gradually, the freedoms enjoyed by the citizenry have become fewer, smaller and less important. By the time the last freedom falls, no one will know the difference.

This is how tyranny rises and freedom falls: with a thousand cuts, each one justified or ignored or shrugged over as inconsequential enough by itself to bother, but they add up.

Each cut, each attempt to undermine our freedoms, each loss of some critical right—to think freely, to assemble, to speak without fear of being shamed or censored, to raise our children as we see fit, to worship or not worship as our conscience dictates, to eat what we want and love who we want, to live as we want—they add up to an immeasurable failure on the part of each and every one of us to stop the descent down that slippery slope.

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 on that downward slope now.

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

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.

A State of Martial Law: America Is a Military Dictatorship Disguised as a Democracy

Posted: June 27, 2023 in Uncategorized
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“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance?”—Thomas Jefferson

The government is goosestepping all over our freedoms.

Case in point: America’s founders did not want a military government ruled by force. Rather, they opted for a republic bound by the rule of law: the U.S. Constitution.

Yet sometime over the course of the past 240-plus years that constitutional republic has been transformed into a military dictatorship disguised as a democracy.

Most Americans seem relatively untroubled by this state of martial law.

Incredibly, when President Biden bragged about how the average citizen doesn’t stand a chance against the government’s massive arsenal of militarized firepower, it barely caused a ripple.

As Biden remarked at a fundraising event in California, “I love these guys who say the Second Amendment is—you know, the tree of liberty is water with the blood of patriots. Well, if [you] want to do that, you want to work against the government, you need an F-16.  You need something else than just an AR-15.”

The message being sent to the citizenry is clear: there is no place in our nation today for the kind of revolution our forefathers mounted against a tyrannical government.

For that matter, the government has declared an all-out war on any resistance whatsoever by the citizenry to its mandates, power grabs and abuses.

By this standard, had the Declaration of Independence been written today, it would have rendered its signers extremists or terrorists, resulting in them being placed on a government watch list, targeted for surveillance of their activities and correspondence, and potentially arrested, held indefinitely, stripped of their rights and labeled enemy combatants.

This is no longer the stuff of speculation and warning.

For years, the government has been warning against the dangers of domestic terrorism, erecting surveillance systems to monitor its own citizens, creating classification systems to label any viewpoints that challenge the status quo as extremist, and training law enforcement agencies to equate anyone possessing anti-government views as a domestic terrorist.

A 2008 Army War College report revealed that “widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security.” The 44-page report goes on to warn that potential causes for such civil unrest could include another terrorist attack, “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.”

Subsequent reports by the Department of Homeland Security to identify, monitor and label right-wing and left-wing activists and military veterans as extremists (a.k.a. terrorists) have manifested into full-fledged pre-crime surveillance programs. Almost a decade later, after locking down the nation and spending billions to fight terrorism, the DHS concluded that the greater threat is not ISIS but domestic right-wing extremism.

Rounding out this profit-driven campaign to turn American citizens into enemy combatants (and America into a battlefield) is a technology sector that is colluding with the government to create a Big Brother that is all-knowing, all-seeing and inescapable. It’s not just the drones, fusion centers, license plate readers, stingray devices and the NSA that you have to worry about. You’re also being tracked by the black boxes in your cars, your cell phone, smart devices in your home, grocery loyalty cards, social media accounts, credit cards, streaming services such as Netflix, Amazon, and e-book reader accounts.

The events of recent years have all been part of a master plan to shut us up and preemptively shut us down: by making peaceful revolution impossible and violent revolution inevitable.

The powers-that-be want an excuse to lockdown the nation and throw the switch to all-out martial law.

This is how it begins.

As John Lennon warned, “When it gets down to having to use violence, then you are playing the system’s game. The establishment will irritate you—pull your beard, flick your face—to make you fight. Because once they’ve got you violent, then they know how to handle you.”

Already, discontent is growing.

According to a USA TODAY/Suffolk University poll, 7 out of 10 Americans believe that American democracy is “imperiled.”

Americans are worried about the state of their country, afraid of an increasingly violent and oppressive federal government, and tired of being treated like suspects and criminals.

What we’ll see more of before long is a growing dissatisfaction with the government and its heavy-handed tactics by people who are tired of being used and abused and are ready to say “enough is enough.”

This is what happens when a parasitical government muzzles the citizenry, fences them in, herds them, brands them, whips them into submission, forces them to ante up the sweat of their brows while giving them little in return, and then provides them with little to no outlet for voicing their discontent.

Our backs are against the proverbial wall.

We’ve been losing our freedoms so incrementally for so long—sold to us in the name of national security and global peace, maintained by way of martial law disguised as law and order, and enforced by a standing army of militarized police and a political elite determined to maintain their powers at all costs—that it’s hard to pinpoint exactly when it all started going downhill, but we’ve been on that fast-moving, downward trajectory for some time now.

When the government views itself as superior to the citizenry, when it no longer operates for the benefit of the people, when the people are no longer able to peacefully reform their government, when government officials cease to act like public servants, when elected officials no longer represent the will of the people, when the government routinely violates the rights of the people and perpetrates more violence against the citizenry than the criminal class, when government spending is unaccountable and unaccounted for, when the judiciary act as courts of order rather than justice, and when the government is no longer bound by the laws of the Constitution, then you no longer have a government “of the people, by the people and for the people.”

Brace yourselves.

There is something being concocted in the dens of power, far beyond the public eye, and it doesn’t bode well for the future of this country.

Anytime you have an entire nation so mesmerized by political theater and public spectacle that they are oblivious to all else, you’d better beware.

Anytime you have a government that operates in the shadows, speaks in a language of force, and rules by fiat, you’d better beware.

And anytime you have a government so far removed from its people as to ensure that they are never seen, heard or heeded by those elected to represent them, you’d better beware.

The architects of the police state have us exactly where they want us: under their stamping boot, gasping for breath, desperate for freedom, grappling for some semblance of a future that does not resemble the totalitarian prison being erected around us.

The government and its cohorts have conspired to ensure that the only real recourse the American people have to express their displeasure with the government is through voting, yet that is no real recourse at all.

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, what is unfolding before us is not a revolution. This is an anti-revolution.

We are at our most vulnerable right now.

Source: https://tinyurl.com/te6y8nak

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.

Conspirators for the Constitution: When Anti-Government Speech Becomes Sedition

Posted: May 30, 2023 in Uncategorized
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“In a time of deceit telling the truth is a revolutionary act.”— George Orwell

Let’s be clear about one thing: seditious conspiracy isn’t a real crime to anyone but the U.S. government.

To be convicted of seditious conspiracy, the charge levied against Stewart Rhodes who was sentenced to 18 years in prison for being the driving force behind the January 6 Capitol riots, one doesn’t have to engage in violence against the government, vandalize government property, or even trespass on property that the government has declared off-limits to the general public.

To be convicted of seditious conspiracy, one need only foment a revolution.

This is not about whether Rhodes deserves such a hefty sentence.

This is about the long-term ramifications of empowering the government to wage war on individuals whose political ideas and expression 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.

This is about criminalizing political expression in thoughts, words and deeds.

This is about how the government has used the events of Jan. 6 in order to justify further power grabs and acquire more authoritarian emergency powers.    

This was never about so-called threats to democracy.

In fact, the history of this nation is populated by individuals whose rhetoric was aimed at fomenting civil unrest and revolution.

Indeed, by the government’s own definition, America’s founders were seditious conspirators based on the heavily charged rhetoric they used to birth the nation.

Thomas Jefferson, Thomas Paine, Marquis De Lafayette, and John Adams would certainly have been charged for suggesting that Americans should not only take up arms but be prepared to protect their liberties and defend themselves against the government should it violate their rights.

“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms,” declared Jefferson. He also concluded that “the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

“It is the duty of the patriot to protect his country from its government,” insisted Paine.

“When the government violates the people’s rights,” Lafayette warned, “insurrection is, for the people and for each portion of the people, the most sacred of the rights and the most indispensable of duties.”

Adams cautioned, “A settled plan to deprive the people of all the benefits, blessings and ends of the contract, to subvert the fundamentals of the constitution, to deprive them of all share in making and executing laws, will justify a revolution.”

Had America’s founders feared revolutionary words and ideas, there would have been no First Amendment, which protects the right to political expression, even if that expression is anti-government.

No matter what one’s political persuasion might be, every American has a First Amendment right to protest government programs or policies with which they might disagree.

The right to disagree with and speak out against the government is the quintessential freedom.

Every individual has a right to speak truth to power—and foment change—using every nonviolent means available.

Unfortunately, the government is increasingly losing its tolerance for anyone whose political views could be perceived as critical or “anti-government.”

All of us are in danger.

In recent years, the government has used the phrase “domestic terrorist” interchangeably with “anti-government,” “extremist” and “terrorist” to describe anyone who might fall somewhere on a very broad spectrum of viewpoints that could be considered “dangerous.”

The ramifications are so far-reaching as to render almost every American with an opinion about the government or who knows someone with an opinion about the government an extremist in word, deed, thought or by association.

You see, the government doesn’t care if you or someone you know has a legitimate grievance. It doesn’t care if your criticisms are well-founded. And it certainly doesn’t care if you have a First Amendment right to speak truth to power.

What the government cares about is whether what you’re thinking or speaking or sharing or consuming as information has the potential to challenge its stranglehold on power.

Why else would the FBI, CIA, NSA and other government agencies be investing in corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter and Instagram?

Why else would the Biden Administration be likening those who share “false or misleading narratives and conspiracy theories, and other forms of mis- dis- and mal-information” to terrorists?

Why else would the government be waging war against those who engage in thought crimes?

Get ready for the next phase of the government’s war on thought crimes and truth-tellers.

For years now, the government has used all of the weapons in its vast arsenal—surveillance, threat assessments, fusion centers, pre-crime programs, hate crime laws, militarized police, lockdowns, martial law, etc.—to target potential enemies of the state based on their ideologies, behaviors, affiliations and other characteristics that might be deemed suspicious or dangerous.

For instance, if you believe in and exercise your rights under the Constitution (namely, your right to speak freely, worship freely, associate with like-minded individuals who share your political views, criticize the government, own a weapon, demand a warrant before being questioned or searched, or any other activity viewed as potentially anti-government, racist, bigoted, anarchic or sovereign), you could be at the top of the government’s terrorism watch list.

Moreover, as a New York Times editorial warns, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the police if you are afraid that the government is plotting to confiscate your firearms, if you believe the economy is about to collapse and the government will soon declare martial law, or if you display an unusual number of political and/or ideological bumper stickers on your car.

According to one FBI report, you might also be classified as a domestic terrorism threat if you espouse conspiracy theories, especially if you “attempt to explain events or circumstances as the result of a group of actors working in secret to benefit themselves at the expense of others” and are “usually at odds with official or prevailing explanations of events.”

In other words, if you dare to subscribe to any views that are contrary to the government’s, you may well be suspected of being a domestic terrorist and treated accordingly.

There’s a whole spectrum of behaviors ranging from thought crimes and hate speech to whistleblowing that qualifies for persecution (and prosecution) by the Deep State.

Simply liking or sharing this article on Facebook, retweeting it on Twitter, or merely reading it or any other articles related to government wrongdoing, surveillance, police misconduct or civil liberties might be enough to get you categorized as a particular kind of person with particular kinds of interests that reflect a particular kind of mindset that might just lead you to engage in a particular kinds of activities and, therefore, puts you in the crosshairs of a government investigation as a potential troublemaker a.k.a. domestic extremist.

Chances are, as the Washington Post reports, you have already been assigned a color-coded threat score—green, yellow or red—so police are forewarned about your potential inclination to be a troublemaker depending on whether you’ve had a career in the military, posted a comment perceived as threatening on Facebook, suffer from a particular medical condition, or know someone who knows someone who might have committed a crime.

In other words, you might already be flagged as potentially anti-government in a government database somewhere—Main Core, for example—that identifies and tracks individuals who aren’t inclined to march in lockstep to the police state’s dictates.

As The Intercept reported, the FBI, CIA, NSA and other government agencies have increasingly invested in corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter and Instagram in order to identify potential extremists and predict who might engage in future acts of anti-government behavior.

Where many Americans go wrong is in naively assuming that you have to be doing something illegal or harmful in order to be flagged and targeted for some form of intervention or detention.

In fact, all you need to do these days to end up on a government watch list or be subjected to heightened scrutiny is use certain trigger words (like cloud, pork and pirates), surf the internet, communicate using a cell phone, limp or stutter, drive a car, stay at a hotel, attend a political rally, express yourself on social media, appear mentally ill, serve in the military, disagree with a law enforcement official, call in sick to work, purchase materials at a hardware store, take flying or boating lessons, appear suspicious, appear confused or nervous, fidget or whistle or smell bad, be seen in public waving a toy gun or anything remotely resembling a gun (such as a water nozzle or a remote control or a walking cane), stare at a police officer, question government authority, or appear to be pro-gun or pro-freedom.

And then at the other end of the spectrum there are those such as Julian Assange and Chelsea Manning, for example, who blow the whistle on government misconduct that is within the public’s right to know.

In true Orwellian fashion, the government would have us believe that it is Assange and Manning who are the real criminals for daring to expose the war machine’s seedy underbelly.

Since his April 2019 arrest, Assange has been locked up in a maximum-security British prison—in solitary confinement for up to 23 hours a day—pending extradition to the U.S., where if convicted, he could be sentenced to 175 years in prison.

This is how the police state deals with those who challenge its chokehold on power.

This is also why the government fears a citizenry that thinks for itself: because a citizenry that thinks for itself is a citizenry that is informed, engaged and prepared to hold the government accountable to abiding by the rule of law, which translates to government transparency and accountability.

After all, we’re citizens, not subjects.

For those who don’t fully understand the distinction between the two and why transparency is so vital to a healthy constitutional government, Manning explains it well:

When freedom of information and transparency are stifled, then bad decisions are often made and heartbreaking tragedies occur – too often on a breathtaking scale that can leave societies wondering: how did this happen? … I believe that when the public lacks even the most fundamental access to what its governments and militaries are doing in their names, then they cease to be involved in the act of citizenship. There is a bright distinction between citizens, who have rights and privileges protected by the state, and subjects, who are under the complete control and authority of the state.

This is why the First Amendment is so critical. It gives the citizenry the right to speak freely, protest peacefully, expose government wrongdoing, and criticize the government without fear of arrest, isolation or any of the other punishments that have been meted out to whistleblowers such as Edwards Snowden, Assange and Manning.

The challenge is holding the government accountable to obeying the law.

A little over 50 years ago, the U.S. Supreme Court ruled 6-3 in United States v. Washington Post Co. to block the Nixon Administration’s attempts to use claims of national security to prevent The Washington Post and The New York Times from publishing secret Pentagon papers on how America went to war in Vietnam.

As Justice William O. Douglas remarked on the ruling, “The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell.”

Fast forward to the present day, and we’re witnessing yet another showdown, this time between Assange and the Deep State, which pits the people’s right to know about government misconduct against the might of the military industrial complex.

Yet this isn’t merely about whether whistleblowers and journalists are part of a protected class under the Constitution. It’s a debate over how long “we the people” will remain a protected class under the Constitution.

Following the current trajectory, it won’t be long before anyone who believes in holding the government accountable is labeled an “extremist,” relegated to an underclass that doesn’t fit in, watched all the time, and rounded up when the government deems it necessary.

We’re almost at that point now.

Eventually, as I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, we will all be seditious conspirators in the eyes of the government.

We would do better to be conspirators for the Constitution starting right now.

Source: https://tinyurl.com/t5sz7t6e

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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