Posts Tagged ‘Obama administration’

“If you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you. Don’t argue with me, don’t call me names, don’t tell me that I can’t stop you, don’t say I’m a racist pig, don’t threaten that you’ll sue me and take away my badge. Don’t scream at me that you pay my salary, and don’t even think of aggressively walking towards me. Most field stops are complete in minutes. How difficult is it to cooperate for that long?”—Sunil Dutta, an officer with the Los Angeles Police Department for 17 years

Life in the American police state is an endless series of don’ts delivered at the end of a loaded gun: don’t talk back to police officers, don’t even think about defending yourself against a SWAT team raid (of which there are 80,000 every year), don’t run when a cop is nearby lest you be mistaken for a fleeing criminal, don’t carry a cane lest it be mistaken for a gun, don’t expect privacy in public, don’t let your kids walk to the playground alone, don’t engage in nonviolent protest near where a government official might pass, don’t try to grow vegetables in your front yard, don’t play music for tips in a metro station, don’t feed whales, and on and on.

For those who resist, who dare to act independently, think for themselves, march to the beat of a different drummer, the consequences are invariably a one-way trip to the local jail or death.

What Americans must understand, what we have chosen to ignore, what we have fearfully turned a blind eye to lest the reality prove too jarring is the fact that we no longer live in the “city on the hill,” a beacon of freedom for all the world.

Far from being a shining example of democracy at work, we have become a lesson for the world in how quickly freedom turns to tyranny, how slippery the slope by which a once-freedom-loving people can be branded, shackled and fooled into believing that their prisons walls are, in fact, for their own protection.

Having spent more than half a century exporting war to foreign lands, profiting from war, and creating a national economy seemingly dependent on the spoils of war, we failed to protest when the war hawks turned their profit-driven appetites on us, bringing home the spoils of war—the military tanks, grenade launchers, Kevlar helmets, assault rifles, gas masks, ammunition, battering rams, night vision binoculars, etc.—to be distributed for free to local police agencies and used to secure the homeland against “we the people.”

It’s not just the Defense Department that is passing out free military equipment to local police. Since the early 1990s, the Justice Department has worked with the Pentagon to fund military technology for police departments. And then there are the billions of dollars’ worth of federal grants distributed by the Department of Homeland Security, enabling police departments to go on a veritable buying spree for highly questionable military-grade supplies better suited to the battlefield.

Is it any wonder that we now find ourselves in the midst of a war zone?

We live in a state of undeclared martial law. We have become the enemy.

In a war zone, there are no police—only soldiers. Thus, there is no more Posse Comitatus prohibiting the government from using the military in a law enforcement capacity. Not when the local police have, for all intents and purposes, already become the military.

In a war zone, the soldiers shoot to kill, as American police have now been trained to do. Whether the perceived “threat” is armed or unarmed no longer matters when police are authorized to shoot first and ask questions later.

In a war zone, even the youngest members of the community learn at an early age to accept and fear the soldier in their midst. Thanks to funding from the Obama administration, more schools are hiring armed police officers—some equipped with semi-automatic AR-15 rifles—to “secure” their campuses.

In a war zone, you have no rights. When you are staring down the end of a police rifle, there can be no free speech. When you’re being held at bay by a militarized, weaponized mine-resistant tank, there can be no freedom of assembly. When you’re being surveilled with thermal imaging devices, facial recognition software and full-body scanners and the like, there can be no privacy. When you’re charged with disorderly conduct simply for daring to question or photograph or document the injustices you see, with the blessing of the courts no less, there can be no freedom to petition the government for a redress of grievances.

And when you’re a prisoner in your own town, unable to move freely, kept off the streets, issued a curfew at night, there can be no mistaking the prison walls closing in.

A Government of Wolves book coverThis is not just happening in Ferguson, Missouri. As I show in my book A Government of Wolves: The Emerging American Police State, it’s happening and will happen anywhere and everywhere else in this country where law enforcement officials are given carte blanche to do what they like, when they like, how they like, with immunity from their superiors, the legislatures, and the courts.

You see, what Americans have failed to comprehend, living as they do in a TV-induced, drug-like haze of fabricated realities, narcissistic denial, and partisan politics, is that we’ve not only brought the military equipment used in Iraq and Afghanistan home to be used against the American people. We’ve also brought the very spirit of the war home.

This is what it feels like to be a conquered people. This is what it feels like to be an occupied nation. This is what it feels like to live in fear of armed men crashing through your door in the middle of the night, or to be accused of doing something you never even knew was a crime, or to be watched all the time, your movements tracked, your motives questioned.

This is what it’s like to be a citizen of the American police state. This is what it’s like to be an enemy combatant in your own country.

So if you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, by all means, stand down. Cower in the face of the police, turn your eyes away from injustice, find any excuse to suggest that the so-called victims of the police state deserved what they got.

But remember, when that rifle finally gets pointed in your direction—and it will—when there’s no one left to stand up for you or speak up for you, remember that you were warned.

It works the same in every age. Martin Niemoller understood this. A German pastor who openly opposed Hitler and spent the last seven years of Nazi rule in a concentration camp, Niemoller warned:

First they came for the Socialists, and I did not speak out—Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out—Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out—Because I was not a Jew. Then they came for me—and there was no one left to speak for me.

What the government is good at is collecting taxes, taking away your freedoms and killing people. It’s not good at much else.” —Author Tom Clancy

Call it what you will—taxes, penalties, fees, fines, regulations, tariffs, tickets, permits, surcharges, tolls, asset forfeitures, foreclosures, etc.—but the only word that truly describes the constant bilking of the American taxpayer by the government and its corporate partners is theft.

We’re operating in a topsy-turvy Sherwood Forest where instead of Robin Hood and his merry band of thieves stealing from the rich to feed the poor, you’ve got the government and its merry band of corporate thieves stealing from the poor to fatten the wallets of the rich. In this way, the poor get poorer and the rich get richer. All the while, the American Dream of peace, prosperity, and liberty has turned into a nightmare of endless wars, debilitating debt, and outright tyranny.

What Americans don’t seem to comprehend is that if the government can arbitrarily take away your property, without your having much say about it, you have no true rights. You’re nothing more than a serf or a slave.

In this way, the police state with all of its trappings—from surveillance cameras, militarized police, SWAT team raids, truancy and zero tolerance policies, asset forfeiture laws, privatized prisons and red light cameras to Sting Ray guns, fusion centers, drones, black boxes, hollow-point bullets, detention centers, speed traps and abundance of laws criminalizing otherwise legitimate conduct—is little more than a front for a high-dollar covert operation aimed at laundering as much money as possible through government agencies and into the bank accounts of corporations.

The rationalizations for the American police state are many. There’s the so-called threat of terrorism, the ongoing Drug War, the influx of illegal immigrants, the threat of civil unrest in the face of economic collapse, etc. However, these rationalizations are merely excuses for the growth of a government behemoth, one which works hand in hand with corporations to profit from a society kept under lockdown and in fear at all times.

Indeed, as I point out in my book A Government of Wolves: The Emerging American Police State, the real motivating factor behind erecting a police state is not to protect the people, but to further enrich the powerful. Consider the following costly line items, all part of the government’s so-called quest to keep us safe and fight terrorism while entrenching the police state, enriching the elite, and further shredding our constitutional rights:

$4.2 billion for militarized police. Almost 13,000 agencies in all 50 states and four U.S. territories participate in a military “recycling” program which allows the Defense Department to transfer surplus military hardware to local and state police. In 2012 alone, $546 million worth of military equipment was distributed to law enforcement agencies throughout the country.

$34 billion for police departments to add to their arsenals of weapons and equipment. Since President Obama took office, police departments across the country “have received tens of thousands of machine guns; nearly 200,000 ammunition magazines; thousands of pieces of camouflage and night-vision equipment; and hundreds of silencers, armored cars and aircraft.”While police departments like to frame the acquisition of military surplus as a money-saving method, in a twisted sort of double jeopardy, the taxpayer ends up footing a bigger bill. First, taxpayers are forced to pay millions of dollars for equipment which the Defense Department purchases from megacorporations only to abandon after a few years. Then taxpayers find themselves footing the bill to maintain the costly equipment once it has been acquired by the local police.

$6 billion in assets seized by the federal government in one year alone. Relying on the topsy-turvy legal theory that one’s property can not only be guilty of a crime but is also guilty until proven innocent, government agencies have eagerly cashed in on the civil asset forfeiture revenue scheme, which allows police to seize private property they “suspect” may be connected to criminal activity. Then whether or not any crime is actually proven to have taken place, the cops keeps the citizen’s property. Eighty percent of these asset forfeiture cases result in no charge against the property owner. Some states are actually considering expanding the use of asset forfeiture laws to include petty misdemeanors. This would mean that property could be seized in cases of minor crimes such as harassment, possession of small amounts of marijuana, and trespassing in a public park after dark.

$11,000 per hour for a SWAT team raid on a government dissident. The raid was carried out against Terry Porter, a Maryland resident who runs a welding business, is married with three kids, is outspoken about his views of the government, and has been labeled a prepper because he has an underground bunker and food supplies in case things turn apocalyptic. The raiding team included “150 Maryland State Police, FBI, State Fire Marshal’s bomb squad and County SWAT teams, complete with two police helicopters, two Bearcat ‘special response’ vehicles, mobile command posts, snipers, police dogs, bomb disposal truck, bomb sniffing robots and a huge excavator. They even brought in food trucks.”

$3.8 billion requested by the Obama administration to send more immigration judges to the southern border, build additional detention camps and add border patrol agents. Border Patrol agents are already allowed to search people’s homes, intimately probe their bodies, and rifle through their belongings, all without a warrant. As one journalist put it, “The surveillance apparatus is in your face. The high-powered cameras are pointed at you; the drones are above you; you’re stopped regularly at checkpoints and interrogated.” For example, an American citizen entering the U.S. from Mexico was subjected to a full-body cavity search in which she was subjected to a variety of invasive procedures, including an observed bowel movement and a CT scan, all because a drug dog jumped on her when she was going through border security. Physicians found no drugs hidden in her body.

$61 billion for the Department of Homeland Security, one of the most notoriously bloated government agencies ever created. The third largest federal agency behind the Departments of Veterans Affairs and Defense, the DHS—with its 240,000 full-time workers and sub-agencies—has been aptly dubbed a “runaway train.”

$80 billion spent on incarceration by the states and the federal government in 2010. While providing security, housing, food, medical care, etc., for six million Americans is a hardship for cash-strapped states, it’s a gold mine to profit-hungry corporations such as Corrections Corp of America and GEO Group, the leaders in the partnership corrections industry. Thus, with an eye toward increasing its bottom line, CCA has floated a proposal to prison officials in 48 states offering to buy and manage public prisons at a substantial cost savings to the states. In exchange, the prisons would have to contain at least 1,000 beds and states would have to maintain a 90% occupancy rate for at least 20 years. This has led to the phenomenon of overcriminalization of everyday activities, in which mundane activities such as growing vegetables in your yard or collecting rainwater on your property are criminalized, resulting in jail sentences for individuals who might otherwise have never seen the inside of a jail cell.

$6.4 billion a year for the Bureau of Prisons and $30,000 a year to house an inmate. There are over 3,000 people in America serving life sentences for non-violent crimes. These include theft of a jacket, siphoning gasoline from a truck, stealing tools, and attempting to cash a stolen check. Most of the non-violent offenses which triggered life sentences were drug crimes involving trace amounts of heroin and cocaine. One person imprisoned for life was merely a go-between for an undercover officer buying ten dollars’ worth of marijuana. California has more money devoted to its prison system than its system of education. State spending on incarceration is the fastest growing budget item besides Medicaid.

93 cents an hour for forced, prison labor in service to for-profit corporations such as Starbucks, Microsoft, Walmart, and Victoria’s Secret. What this forced labor scheme has created, indirectly or not, is a financial incentive for both the corporations and government agencies to keep the prisons full to capacity. A good portion of the 2 million prisoners in public facilities are forced to work for corporations, making products on the cheap, undermining free laborers, and increasing the bottom line for many of America’s most popular brands. “Prison labor reportedly produces 100 percent of military helmets, shirts, pants, tents, bags, canteens, and a variety of other equipment. Prison labor makes circuit boards for IBM, Texas Instruments, and Dell. Many McDonald’s uniforms are sewn by inmates. Other corporations—Microsoft, Victoria’s Secret, Boeing, Motorola, Compaq, Revlon, and Kmart—also benefit from prison labor.”

$2.6 million pocketed by Pennsylvania judges who were paid to jail youths and send them to private prison facilities. The judges, paid off by the Mid Atlantic Youth Service Corporation, which specializes in private prisons for juvenile offenders, had more than 5,000 kids come through their courtrooms and sent many of them to prison for petty crimes such as stealing DVDs from Wal-Mart and trespassing in vacant buildings.

$1.4 billion per year reportedly lost to truancy by California school districts, which receive government funding based on student attendance. The so-called “solution” to student absences from school, has proven to be a financial windfall for cash-strapped schools, enabling them to rake in millions, fine parents up to $500 for each unexcused absence, with the potential for jail time, and has given rise to a whole new track in the criminal justice system devoted to creating new revenue streams for communities. For example, Eileen DiNino, a woman serving a two-day jail sentence for her children’s truancy violations, died while in custody. She is one of hundreds of people jailed in Pennsylvania over their inability to pay fines related to truancy, which include a variety of arbitrary fees meant to rack up money for the courts. For example, “[DiNino’s] bill included a laundry list of routine fees: $8 for a “judicial computer project”; $60 for Berks constables; $40 for “summary costs” for several court offices; and $10 for postage.” So even if one is charged with a $20 fine, they may end up finding themselves on the hook for $150 in court fees.

$84.9 million collected in one year by the District of Columbia as a result of tickets issued by speeding and traffic light cameras stationed around the city. Multiply that income hundreds of times over to account for the growing number of localities latching onto these revenue-generating, photo-enforced camera schemes, and you’ll understand why community governments and police agencies are lining up in droves to install them, despite reports of wide scale corruption by the companies operating the cameras. Although nine states have banned the cameras, they’re in 24 states already and rising.

$1.4 billion for fusion centers. These fusion centers, which represent the combined surveillance and intelligence efforts of federal, state and local law enforcement, have proven to be exercises in incompetence, often producing irrelevant, useless or inappropriate intelligence, while spending millions of dollars on “flat-screen televisions, sport utility vehicles, hidden cameras and other gadgets.”

In sum, the American police state is a multi-billion dollar boondoggle, meant to keep the property and the resources of the American people flowing into corrupt government agencies and their corporate partners. For those with any accounting ability, it’s clear that the total sum of the expenses being charged to the American taxpayer’s account by the government add up to only one thing: the loss of our freedoms. It’s time to seriously consider a plan to begin de-funding this beast and keeping our resources where they belong: in our communities, working for us.

[The aim of public education is not] to fill the young of the species with knowledge and awaken their intelligence. . . . Nothing could be further from the truth. The aim . . . is simply to reduce as many individuals as possible to the same safe level, to breed and train a standardized citizenry, to put down dissent and originality. That is its aim in the United States…”—Henry Mencken, American Journalist (April 1924)

How do you persuade a nation of relatively freedom-loving individuals to march in lock step with a police state? You start by convincing them that they’re in danger, and only the government can protect them. Keep them keyed up with constant danger alerts, and the occasional terrorist incident, whether real or staged. Distract them with wall-to-wall news coverage about sinking ships, disappearing planes and pseudo-celebrities spouting racist diatribes. Use blockbuster movies, reality shows and violent video games to hype them up on military tactics, and then while they’re distracted and numb to all that is taking place around them, indoctrinate their young people to your way of thinking, relying primarily on the public schools and popular culture.

After all, public education the world over has always been the vehicle for statist propaganda of one sort or another, whether it’s religion, militarism, democracy or totalitarianism, and America is no exception. In fact, today’s public schools, far from being bastions of free speech, are merely microcosms of the world beyond the schoolhouse gates, and increasingly, it’s a world hostile to freedom.

As I show in my book A Government of Wolves: The Emerging American Police State, within America’s public schools can be found almost every aspect of the American police state that plagues those of us on the “outside”: metal detectors, surveillance cameras, militarized police, drug-sniffing dogs, tasers, cyber-surveillance, random searches, the list goes on. Whether it takes the form of draconian zero tolerance policies, overreaching anti-bullying statutes, police officers charged with tasering and arresting so-called unruly children, standardized testing with its emphasis on rote answers, political correctness, or the extensive surveillance systems cropping up in schools all over the country, young people in America are first in line to be indoctrinated into compliant citizens of the new American police state.

Zero tolerance policies, which punish all offenses severely, no matter how minor, condition young people to steer clear of doing anything that might be considered out of line, whether it’s pointing their fingers like a gun, drawing on their desks, or chewing their gum too loudly. Although the Obama administration recently called on schools to rethink how they discipline and punish students who misbehave, their guidelines to help schools re-evaluate their disciplinary policies fail to address the source of the problem: the quasi-prison atmosphere of public schools.

Surveillance technologies, used by school officials, police, NSA agents, and corporate entities to track the everyday activities of students, accustom young people to life in an electronic concentration camp, with all of their movements monitored, their interactions assessed, and their activities recorded and archived. For example, the Department of Education (DOE) has created a system to track, archive and disseminate data on every single part of a child’s educational career with colleges and state agencies such as the Department of Labor and the offices of Technology and Children and Family Services. The system relies on a database called inBloom, which is funded by corporate magnates such as the Bill and Melinda Gates Foundation and Rupert Murdoch’s News Corp. DOE has also received $40 million from various state and federal agencies to help fund the program.

Metal detectors at school entrances and police patrolling school hallways acclimatize young people to being viewed as suspects. Funded in part by federal grants, school districts across the country have “paid local police agencies to provide armed ‘school resource officers’ for high schools, middle schools and sometimes even elementary schools.” As the New York Times reports, “Hundreds of additional districts, including those in Houston, Los Angeles and Philadelphia, have created police forces of their own, employing thousands of sworn officers.” The problem, of course, is that the very presence of these police officers in the schools results in greater numbers of students being arrested or charged with crimes for nonviolent, childish behavior. In Texas, for example, school police officers write more than 100,000 misdemeanor tickets a year, each ticket amounting to hundreds of dollars in court fines—a convenient financial windfall for the states. All too often, these incidents remain on students’ permanent records, impacting college and job applications.

Weapons of compliance, such as tasers which deliver electrical shocks lethal enough to kill, not only teach young people to fear the police, the face of our militarized government, but teach them that torture is an accepted means of controlling the population. It’s a problem that has grown exponentially as the schools have increasingly clamored for—and hired on—their own police forces. One high school student in Texas suffered severe brain damage and nearly died after being tasered. A 15-year-old disabled North Carolina student was tasered three times, resulting in punctured lungs. A New York student was similarly tasered for lying on the floor and crying.

Standardized testing and Common Core programs, which discourage students from thinking for themselves while rewarding them for regurgitating whatever the government, through its so-called educational standards, dictates they should be taught, will create a generation of test-takers capable of little else, molded and shaped by the federal government and its corporate allies into what it considers to be ideal citizens. Incredibly, despite the fact that the U.S. invests more money in public education (roughly $8,000 per child per year) than many other developed countries, we rank 27th in the world for school educational achievement.

Overt censorship, monitoring and political correctness, which manifest themselves in a variety of ways, from Internet filters on school computers to sexual harassment policies, habituate young people to a world in which nonconformist, divergent, politically incorrect ideas and speech are treated as unacceptable or dangerous. In such an environment, a science teacher criticizing evolution can get fired for insubordination, a 9-year-old boy remarking that his teacher is “cute” can be suspended for sexual harassment, students detected using their smart phones during class time can be reported for not paying attention in class, and those accused of engaging in “bullying, cyber-bullying, hate and shaming activities, depression, harm and self harm, self hate and suicide, crime, vandalism, substance abuse and truancy” on social media such as Twitter or Facebook, will have their posts and comments analyzed by an outside government contractor.

So far I’ve only mentioned what’s happening within the public schools. It doesn’t even begin to touch on extracurricular activities such as the Explorers program, which trains young people—“ages 14 to 21 who have a C average”—to be future agents of the police state. Explorers meet weekly, train for competitions and spend their weekends working on service projects. In one Border Patrol training exercise, teenagers as young as 14, suited up in military gear with lethal-looking airsoft guns, were “instructed on how to quiet an obstreperous lookout,” reports the New York Times. “Put him on his face and put a knee in his back,” a Border Patrol agent explained. “I guarantee that he’ll shut up.”

Then there’s the military’s use of video games and blockbuster movies to propagandize war and recruit young people. Thanks to a collaboration between the Department of Defense and the entertainment industry, the American taxpayer is paying for what amounts to a propaganda campaign aimed at entrenching the power of the military in American society. As author Nick Turse points out, “Today, almost everywhere you look, whether at the latest blockbuster on the big screen or what’s on much smaller screens in your own home – likely made by a defense contractor like Sony, Samsung, Panasonic or Toshiba – you’ll find the Pentagon or its corporate partners.”

What’s really unnerving, however, are the similarities between our own system of youth indoctrination and that of Nazi Germany, with its Hitler Youth programs and overt campaign of educational indoctrination. Now before I’m drowned out by howls of outrage, note that while I am not suggesting the United States is deliberately attempting to raise up a generation of Hitler Youth, our schools and society at large are teaching young people to march in lockstep with the all-powerful government—which may be just as dangerous in the end.

You don’t have to take my word for it. The United States Holocaust Memorial Museum provides some valuable insight into education in the Nazi state, which was responsible for winning “millions of German young people … over to Nazism in the classroom and through extracurricular activities.” The similarities are startling, ranging from the dismissal of teachers deemed to be “politically unreliable” to the introduction of classroom textbooks that taught students obedience to state authority and militarism. “Board games and toys for children served as another way to spread racial and political propaganda to German youth. Toys were also used as propaganda vehicles to indoctrinate children into militarism.” And then there was the Hitler Youth, a paramilitary youth group intended to train young people for future service in the armed forces and government.

Hitler himself recognized the value of indoctrinating young people. As he noted, “When an opponent declares, ‘I will not come over to your side, and you will not get me on your side,’ I calmly say, ‘Your child belongs to me already. A people lives forever. What are you? You will pass on. Your descendants however now stand in the new camp. In a short time they will know nothing else but this new community.’”

We’re certainly not doing ourselves or our young people any favors by allowing them to be indoctrinated into a police state mindset from early on, with no knowledge that they have any their rights or any sense that they are the descendants of revolutionaries who stood up to tyrannical regimes.

If there is one glimmer of hope for this younger generation, it may be found in the unlikeliest of places: young adult literature, specifically dystopian literature, which is all the rage among young people today. Serial books such as Harry Potter, The Hunger Games, The Bone Season and The Giver all speak to a growing awareness among young people that the future awaiting them is far from secure, and that freedom ultimately rests in their ability to take on the powers-that-be.

“Those who make peaceful revolution impossible will make violent revolution inevitable.”—John F. Kennedy

Those tempted to write off the standoff at the Bundy Ranch as little more than a show of force by militia-minded citizens would do well to reconsider their easy dismissal of this brewing rebellion. This goes far beyond concerns about grazing rights or the tension between the state and the federal government.

Few conflicts are ever black and white, and the Bundy situation, with its abundance of gray areas, is no exception. Yet the question is not whether Cliven Bundy and his supporters are domestic terrorists, as Harry Reid claims, or patriots, or something in between. Nor is it a question of whether the Nevada rancher is illegally grazing his cattle on federal land or whether that land should rightfully belong to the government. Nor is it even a question of who’s winning the showdown— the government with its arsenal of SWAT teams, firepower and assault vehicles, or Bundy’s militia supporters with their assortment of weapons—because if such altercations end in bloodshed, everyone loses.

What we’re really faced with, and 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.” And it won’t matter what the issue is—whether it’s a rancher standing his ground over grazing rights, a minister jailed for holding a Bible study in his own home, or a community outraged over police shootings of unarmed citizens—these are the building blocks of a political powder keg. Now all that remains is a spark, and it need not be a very big one, to set the whole powder keg aflame.

As I show in my book A Government of Wolves: The Emerging American Police State, there’s a subtext to this incident that must not be ignored, and it is simply this: America is a pressure cooker with no steam valve, and things are about to blow. 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.

The government has been anticipating and preparing for such an uprising for years. For example, in 2008, a U.S. Army War College report warned that the military must be prepared for a “violent, strategic dislocation inside the United States,” which could be provoked by “unforeseen economic collapse,” “purposeful domestic resistance,” “pervasive public health emergencies” or “loss of functioning political and legal order”—all related to dissent and protests over America’s economic and political disarray. Consequently, predicted the report, the “widespread civil violence would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security.”

One year later, in 2009, the Department of Homeland Security under President Obama issued its infamous reports on Rightwing and Leftwing “Extremism.” According to these reports, an extremist is defined as anyone who subscribes to a particular political viewpoint. Rightwing extremists, for example, are broadly defined in the report as individuals and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely.”

Despite “no specific information that domestic rightwing terrorists are currently planning acts of violence,” the DHS listed a number of scenarios that could arise as a result of so-called rightwing extremists playing on the public’s fears and discontent over various issues, including the economic downturn, real estate foreclosures and unemployment.

Equally disconcerting, the reports use the words “terrorist” and “extremist” interchangeably. In other words, voicing what the government would consider to be extremist viewpoints is tantamount to being a terrorist. Under such a definition, I could very well be considered a terrorist. So too could John Lennon, Martin Luther King Jr., Roger Baldwin (founder of the ACLU), Patrick Henry, Thomas Jefferson and Samuel Adams—all of these men protested and passionately spoke out against government practices with which they disagreed and would be prime targets under this document.

The document also took pains to describe the political views of those who would qualify as being a rightwing extremist. For example, you are labeled a rightwing extremist if you voice concerns about a myriad of issues including: policy changes under President Obama; the economic downturn and home foreclosures; the loss of U.S. jobs in manufacturing and construction sectors; and social issues such as abortion, interracial crimes and immigration. DHS also issued a red-flag warning against anyone who promotes “conspiracy theories involving declarations of martial law, impending civil strife or racial conflict, suspension of the U.S. Constitution, and the creation of citizen detention camps.”

Fast forward five years, with all that has transpired, from the Occupy Protests and the targeting of military veterans to domestic surveillance, especially of activist-oriented groups and now, most recently, the Bundy Ranch showdown, and it would seem clear that the government has not veered one iota from its original playbook. Indeed, the government’s full-blown campaign of surveillance of Americans’ internet activity, phone calls, etc., makes complete sense in hindsight.

All that we have been subjected to in recent years—living under the shadow of NSA spying; motorists strip searched and anally probed on the side of the road; innocent Americans spied upon while going about their daily business in schools and stores; homeowners having their doors kicked in by militarized SWAT teams serving routine warrants—illustrates how the government deals with people it views as potential “extremists”: with heavy-handed tactics designed to intimidate the populace into submission and discourage anyone from stepping out of line or challenging the status quo.

It’s not just the Cliven Bundys of the world who are being dealt with in this manner. Don Miller, a 91-year-old antiques collector, recently had his Indiana home raided by the FBI, ostensibly because it might be in the nation’s best interest if the rare and valuable antiques and artifacts Miller had collected over the course of 80 years were cared for by the government. Such tactics carried out by anyone other than the government would be considered grand larceny, and yet the government gets a free pass.

In the same way, the government insists it can carry out all manner of surveillance on us—listen in on our phone calls, read our emails and text messages, track our movements, photograph our license plates, even enter our biometric information into DNA databases—but those who dare to return the favor, even a little, by filming potential police misconduct, get roughed up by the police, arrested, charged with violating various and sundry crimes.

When law enforcement officials—not just the police, but every agent of the government entrusted with enforcing laws, from the president on down—are allowed to discard the law when convenient, and the only ones having to obey the law are the citizenry and not the enforcers, then the law becomes only a tool to punish us, rather than binding and controlling the government, as it was intended.

This phenomenon is what philosopher Abraham Kaplan referred to as the law of the instrument, which essentially says that to a hammer, everything looks like a nail. In the scenario that has been playing out in recent years, we the citizenry have become the nails to be hammered by the government’s henchmen, a.k.a. its guns for hire, a.k.a. its standing army, a.k.a. the nation’s law enforcement agencies.

Indeed, there can no longer be any doubt that militarized police officers, the end product of the government—federal, local and state—and law enforcement agencies having merged, have become a “standing” or permanent army, composed of full-time professional soldiers who do not disband. Yet these permanent armies are exactly what those who drafted the U.S. Constitution feared as tools used by despotic governments to wage war against its citizens.

That is exactly what we are witnessing today: a war against the American citizenry. Is it any wonder then that Americans are starting to resist?

More and more, Americans are tired, frustrated, anxious, and worried about the state of their country. They are afraid of an increasingly violent and oppressive federal government, and they are worried about the economic insecurity which still grips the nation. And they’re growing increasingly sick of being treated like suspects and criminals. As former law professor John Baker, who has studied the growing problem of overcriminalization, noted, “There is no one in the United States over the age of 18 who cannot be indicted for some federal crime. That is not an exaggeration.”

To make matters worse, a recent scientific study by Princeton researchers confirms that the United States of America is not the democracy that is purports to be, but rather an oligarchy, in which “economic elites and organized groups representing business interests have substantial independent impacts on U.S. government policy.” As PolicyMic explains, “An oligarchy is a system where power is effectively wielded by a small number of individuals defined by their status called oligarchs. Members of the oligarchy are the rich, the well connected and the politically powerful, as well as particularly well placed individuals in institutions like banking and finance or the military… In other words, their statistics say your opinion literally does not matter.

So if average Americans, having largely lost all of the conventional markers of influencing government, whether through elections, petition, or protest, have no way to impact their government, no way to be heard, no assurance that their concerns are truly being represented and their government is one “by the people, of the people, and for the people,” as opposed to being engineered expressly for the benefit of the wealthy elite, then where does that leave them?

To some, the choice is clear. As psychologist Erich Fromm recognized in his insightful book, On Disobedience: “If a man can only obey and not disobey, he is a slave; if he can only disobey and not obey, he is a rebel (not a revolutionary). He acts out of anger, disappointment, resentment, yet not in the name of a conviction or a principle.”

Unfortunately, the intrepid, revolutionary American spirit that stood up to the British, blazed paths to the western territories, and prevailed despite a civil war, multiple world wars, and various economic depressions has taken quite a beating in recent years. Nevertheless, the time is coming when each American will have to decide: will you be a slave, rebel or revolutionary?

Outrageous examples of wasteful government spending from Sen. Coburn’s 2013 ‘Wastebook’

“To force a man to pay for the violation of his own liberty is indeed an addition of insult to injury.”—Benjamin Tucker, 19th century advocate of American individualist anarchism

The State Department wants $400,000 to purchase a fiberglass sculpture of a camel looking at a needle for its new embassy in Pakistan. They’ve already spent their allotted $630,000 to increase the number of “likes” and fans on their Facebook and Twitter pages. The NATO ambassador for the U.S. needs $700,000 for landscaping and gardening, the National Science Foundation would like $700,000 to put on a theatrical production about climate change, and the Senate staffers need $1.9 million for lifestyle coaching. Also, Yale University researchers could really use $384,000 so they can study the odd cork-screw shape of a duck’s penis.

I promise this is no belated April Fools’ joke. These are actual line items paid for by American taxpayers, whose tax dollars continue to be wasted on extravagant, unnecessary items that serve no greater purpose than to fatten the wallets of corporations and feed political graft (such as the $1 million bus stop, complete with heated benches and sidewalks which can only shelter 15 people and provides little protection from rain, snow, or the sun).

Case in point: despite the fact that we have 46 million Americans living at or below the poverty line, 16 million children living in households without adequate access to food, and at least 900,000 veterans relying on food stamps, enormous sums continue to be doled out for presidential vacations ($16 million for trips to Africa and Hawaii), overtime fraud at the Department of Homeland Security (nearly $9 million in improper overtime claims, and that’s just in six of the DHS’ many offices), and Hollywood movie productions ($10 million was spent by the Army National Guard on Superman movie tie-ins aimed at increasing awareness about the National Guard).

This doesn’t even touch on the astronomical amounts of money spent on dubious wars abroad.

Consider that since 2001, Americans have spent $10.5 million every hour for numerous foreign military occupations, including in Iraq and Afghanistan. There’s also the $2.2 million spent every hour on maintaining the United States’ nuclear stockpile, and the $35,000 spent every hour to produce and maintain our collection of Tomahawk missiles. And then there’s the money the government exports to other countries to support their arsenals, at the cost of $1.61 million every hour for the American taxpayers.

Then there’s the U.S. Supreme Court’s recent decision in McCutcheon v. FEC, which reinforces a government mindset in which the rights of the wealthy are affirmed by the courts, while the rights of average, working class Americans are routinely dismissed as secondary to corporate and governmental concerns. Under the guise of protecting free speech, a divided 5-4 Court did away with established limits on the number of candidates an individual can support with campaign contributions.

In doing so, the justices expanded on the Court’s landmark 2010 ruling in Citizens United v. FEC, which not only gave unfettered free speech rights to corporations but paved the way for corporations to spend unlimited amounts of money promoting candidates, especially presidential candidates. What this does, of course, is turn the ballot box into an auction block, wherein those who are “elected” to public office are bought and paid for by those who can afford to support their campaigns—namely, lobbyists, corporations and high-dollar donors. (Then again, perhaps it will remain status quo. According to a 2013 study by Trinity University, U.S. Senators do not take into account the opinions and wishes of their lower class constituents. Rather, their voting was aligned with their upper class constituents. This dismissal of lower class opinion held true for both Republican and Democratic Senators, themselves made up of millionaires.)

When all is said and done, what we are witnessing is the emergence of a disconcerting government mindset that interprets the Constitution one way for corporations, government entities and the wealthy, and uses a second measure altogether for average Americans. For example, contrast the Supreme Court’s affirmation of the “free speech” rights of corporations and wealthy donors in McCutcheon and Citizens United with its tendency to deny those same rights to average Americans when government interests abound, such as in its 2012 decision in Reichle v. Howards, where a unanimous Supreme Court allowed immunity protections for Secret Service agents to trump the free speech rights of Americans, and you’ll find a noticeable disparity.

Unfortunately, as I point out in my book A Government of Wolves: The Emerging American Police State, this constitutional double standard is coming to bear in all aspects of our lives, not just in the realm of campaign finance law. It allows lobbyists intimate access to our elected officials, while prohibiting Americans from even standing silently in protest near a government building; it grants immunity to police officers who shoot unarmed citizens, while harshly punishing Americans who attempt to defend themselves, mistaking a SWAT team raid for a home invasion; and it gives government agents carte blanche access to Americans’ communications and activities, while allowing the government to operate in secret, with secret hearings, secret budgets and secret agendas.

This is a far cry from how a representative government is supposed to operate. Indeed, it has been a long time since we could claim to be the masters of our own lives. Rather, we are now the subjects of a militarized, corporate empire in which the vast majority of the citizenry work their hands to the bone for the benefit of a privileged few.

Adding injury to the ongoing insult of having our tax dollars misused and our so-called representatives bought and paid for by the moneyed elite, the government then turns around and uses the money we earn with our blood, sweat and tears to target, imprison and entrap us, in the form of militarized police, surveillance cameras, private prisons, license plate readers, drones, and cell phone tracking technology.

All of those nefarious deeds that you read about in the paper every day: those are your tax dollars at work. It’s your money that allows for government agents to spy on your emails, your phone calls, your text messages, and your movements. It’s your money that allows out-of-control police officers to burst into innocent people’s homes, or probe and strip search motorists on the side of the road. And it’s your money that leads to innocent Americans across the country being prosecuted for innocuous activities such as raising chickens at home, growing vegetable gardens, and trying to live off the grid.

Just remember the next time you see a news story that makes your blood boil, whether it’s a police officer arresting someone for filming them in public, or a child being kicked out of school for shooting an imaginary arrow, or a homeowner being threatened with fines for building a pond in his backyard, remember that it is your tax dollars that are paying for these injustices.

So what are you going to do about it?

There was a time in our history when our forebears said “enough is enough” and stopped paying their taxes to what they considered an illegitimate government. They stood their ground and refused to support a system that was slowly choking out any attempts at self-governance, and which refused to be held accountable for its crimes against the people. Their resistance sowed the seeds for the revolution that would follow.

Unfortunately, in the 200-plus years since we established our own government, we’ve let bankers, turncoats and number-crunching bureaucrats muddy the waters and pilfer the accounts to such an extent that we’re back where we started. Once again, we’ve got a despotic regime with an imperial ruler doing as they please. Once again, we’ve got a judicial system insisting we have no rights under a government which demands that the people march in lockstep with its dictates. And once again, we’ve got to decide whether we’ll keep marching or break stride and make a turn toward freedom.

But what if we didn’t just pull out our pocketbooks and pony up to the federal government’s outrageous demands for more money? What if we didn’t just dutifully line up to drop our hard-earned dollars into the collection bucket, no questions asked about how it will be spent? What if, instead of quietly sending in our checks, hoping vainly for some meager return, we did a little calculating of our own and started deducting from our taxes those programs that we refuse to support?

If we don’t have the right to decide what happens to our hard-earned cash, then we don’t have very many rights at all. If they can just take from you what they want, when they want, and then use it however they want, you can’t claim to be anything more than a serf in a land they think of as theirs. This was the case in the colonial era, and it’s the case once again.

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” — The Second Amendment to the US Constitution

You can largely determine where a person will fall in the debate over gun control and the Second Amendment based on their view of government and the role it should play in our lives.

Those who want to see government as a benevolent parent looking out for our best interests tend to interpret the Second Amendment’s “militia” reference as applying only to the military.

To those who see the government as inherently corrupt, the Second Amendment is a means of ensuring that the populace will always have a way of defending themselves against threats to their freedoms.

And then there are those who view the government as neither good nor evil, but merely a powerful entity that, as Thomas Jefferson recognized, must be bound “down from mischief by the chains of the Constitution.” To this group, the right to bear arms is no different from any other right enshrined in the Constitution, to be safeguarded, exercised prudently and maintained.

Unfortunately, as I document in my book A Government of Wolves: The Emerging American Police State, while these three divergent viewpoints continue to jockey for supremacy, the U.S. government has adopted a “do what I say, not what I do” mindset when it comes to Americans’ rights overall. Nowhere is this double standard more evident than in the government’s attempts to arm itself to the teeth, all the while viewing as suspect anyone who dares to legally own a gun, let alone use one.

Indeed, while it still technically remains legal to own a firearm in America, possessing one can now get you pulled oversearchedarrested, subjected to all manner of surveillancetreated as a suspect without ever having committed a crime, shot at and killed. (This same rule does not apply to law enforcement officials, however, who are armed to the hilt and rarely given more than a slap on the wrists for using their weapons against unarmed individuals.)

Just recently, for example, the U.S. Supreme Court refused to hear the case of a Texas man whose home was subject to a no-knock, SWAT-team style forceful entry and raid based solely on the suspicion that there were legally-owned firearms in his household. Making matters worse, police panicked and opened fire through a solid wood door on the homeowner, who had already gone to bed.

Earlier in the year, a Florida man traveling through Maryland with his wife and kids was stopped by a police officer and interrogated about the whereabouts of his registered handgun. Despite the man’s insistence that the handgun had been left at home, the officer spent nearly two hours searching through the couple’s car, patting them down along with their children, and having them sit in the back of a patrol car. No weapon was found.

In 2011, a 25-year-old Philadelphia man was confronted by police, verbally threatened and arrested for carrying a gun in public, which is legal within the city. When Mark Fiorino attempted to explain his rights under the law to police, police ordered him to get on his knees or else “I am gonna shoot ya.” Fiorino was later released without charges.

provision in a Washington State bill would have authorized police to search and inspect gun owners’ homes yearly. Connecticut has adopted a law banning the sale of large-capacity magazines and assault weapons. And a bill moving through the New Jersey legislature would reduce the number of bullets an ammunition magazine could hold from 15 to 10.

Under a proposal by the Department of Health and Human Services, anyone seeking mental health treatment–no matter how benign–could find themselves entered into the FBI’s criminal background check system and have their Second Amendment rights in jeopardy. They would join the ranks of some 175,000 veterans who have been barred from possessing firearms based solely on the fact that they received psychiatric treatment through the Department of Veterans Affairs.

Meanwhile, the government’s efforts to militarize and weaponize its agencies and employees is reaching epic proportions, with federal agencies as varied as the Department of Homeland Security and the Social Security Administration placing orders for hundreds of millions of rounds of hollow point bullets. Moreover, under the auspices of a military “recycling” program, which allows local police agencies to acquire military-grade weaponry and equipment, $4.2 billion worth of equipment has been transferred from the Defense Department to domestic police agencies since 1990. Included among these “gifts” are tank-like 20-ton Mine Resistant Ambush Protected (MRAP) vehicles, tactical gear, and assault rifles.

Ironically, while the Obama administration continues its efforts to “pass the broadest gun control legislation in a generation,” which would include bans on military-style assault weapons, high-capacity magazines and armor-piercing bullets, expanded background checks, and tougher gun-trafficking laws, the U.S. military boasts some weapons the rest of the world doesn’t have. Included in its arsenal are armed, surveillance Reaper drones capable of reading a license plate from over two miles away; an AA12 Atchisson Assault Shotgun that can shoot five 12-gauge shells per second and “can fire up to 9,000 rounds without being cleaned or jamming”; an ADAPTIV invisibility cloak that can make a tank disappear or seemingly reshape it to look like a car; a PHASR rifle capable of blinding and disorienting anyone caught in its sights; a Taser shockwave that can electrocute a crowd of people at the touch of a button; an XM2010 enhanced sniper rifle with built-in sound and flash suppressors that can hit a man-sized target nine out of ten times from over a third of a mile away; and an XM25 “Punisher” grenade launcher that can be programmed to accurately shoot grenades at a target up to 500 meters away.

Talk about a double standard. The government’s arsenal of weapons makes the average American’s handgun look like a Tinker Toy.

It’s no laughing matter, and yet the joke is on us. “We the people” have been so focused on debating who or what is responsible for gun violence–the guns, the gun owners, or our violent culture–and whether the Second Amendment “allows” us to own guns that we’ve overlooked the most important and most consistent theme throughout the Constitution: the fact that it is not merely an enumeration of our rights but was intended to be a clear shackle on the government’s powers.

When considered in the context of prohibitions against the government, the Second Amendment reads as a clear rebuke against any attempt to restrict the citizenry’s gun ownership. As such, it is as necessary an ingredient for maintaining that tenuous balance between the citizenry and their republic as any of the other amendments in the Bill of Rights, especially the right to freedom of speech, assembly, press, petition, security, and due process.

Supreme Court Justice William O. Douglas understood this tension well. “The Constitution is not neutral,” he remarked, “It was designed to take the government off the backs of people.” In this way, the freedoms enshrined in the Bill of Rights in their entirety stand as a bulwark against a police state. To our detriment, these rights have been steadily weakened, eroded and undermined in recent years. Yet without any one of them, including the Second Amendment right to own and bear arms, we are that much more vulnerable to the vagaries of out-of-control policemen, benevolent dictators, genuflecting politicians, and overly ambitious bureaucrats.

When all is said and done, the debate over gun ownership really has little to do with gun violence in America. Eliminating guns will not necessarily eliminate violence. Those same individuals sick enough to walk into an elementary school or a movie theater and open fire using a gun can and do wreak just as much havoc with homemade bombs made out of pressure cookers and a handful of knives.

It’s also not even a question of whether Americans need weapons to defend themselves against any overt threats to our safety or wellbeing, although a recent study by a Quinnipiac University economist indicates that less restrictive concealed carry laws save lives, while gun control can endanger them. In fact, journalist Kevin Carson, writing for Counter Punch, suggests that prohibiting Americans from owning weapons would be as dangerously ineffective as Prohibition and the War on the Drugs:

“[W]hat strict gun laws will do is take the level of police statism, lawlessness and general social pathology up a notch in the same way Prohibition and the Drug War have done. I’d expect a War on Guns to expand the volume of organized crime, and to empower criminal gangs fighting over control over the black market, in exactly the same way Prohibition did in the 1920s and strict drug laws have done since the 1980s. I’d expect it to lead to further erosion of Fourth Amendment protections against search and seizure, further militarization of local police via SWAT teams, and further expansion of the squalid empire of civil forfeiture, perjured jailhouse snitch testimony, entrapment, planted evidence, and plea deal blackmail.”

Truly, the debate over gun ownership in America is really a debate over who gets to call the shots and control the game. In other words, it’s that same tug-of-war that keeps getting played out in every confrontation between the government and the citizenry over who gets to be the master and who is relegated to the part of the servant.

The Constitution is clear on this particular point, with its multitude of prohibitions on government overreach. As 20thcentury libertarian Edmund A. Opitz observed in 1964, “No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words “no’ and “not’ employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights.”

In a nutshell, then, the Second Amendment’s right to bear arms reflects not only a concern for one’s personal defense, but serves as a check on the political power of the ruling authorities. It represents an implicit warning against governmental encroachments on one’s freedoms, the warning shot over the bow to discourage any unlawful violations of our persons or property. As such, it reinforces that necessary balance in the citizen-state relationship. As George Orwell noted, “That rifle hanging on the wall of the working-class flat or labourer’s cottage is the symbol of democracy. It is our job to see that it stays there.”

Certainly, dictators in past regimes have understood this principle only too well. As Adolf Hitler noted, “The most foolish mistake we could possibly make would be to allow the subject races to possess arms. History shows that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by so doing.” It should come as no surprise, then, that starting in December 1935, Jews in Germany were prevented from obtaining shooting licenses, because authorities believed that to allow them to do so would “endanger the German population.” In late 1938, special orders were delivered barring Jews from owning firearms, with the punishment for arms possession being 20 years in a concentration camp.

The rest, as they say, is history. Yet it is a history that we should be wary of repeating. — John W. Whitehead

“I thought I had freedom of speech here,” the man said to the police officer.
“You don’t. You just lost it,” the officer replied.

Once again, the U.S. government is attempting to police the world when it should be policing its own law enforcement agencies. We’ve got a warship cruising the Black Sea, fighter jets patrolling the Baltic skies, and a guided-missile destroyer searching the South China Sea for the downed Malaysia Airlines flight. All the while, back home in the U.S., our constitutional rights are going to hell in a hand basket, with homeowners being threatened with eviction for attempting to live off the grid, old women jailed for feeding crows, and citizens armed with little more than a cell phone arrested for daring to record police activities.

Robin Speronis now finds herself threatened with eviction from her own Florida home for daring to live off the grid, independent of city utilities such as water and electricity. City officials insist the Cape Coral resident’s chosen way of life violates international property maintenance code and city ordinances. Mary Musselman, also a Florida resident, is being held in jail without bond for “feeding wild animals.” The 81-year-old Musselman, on probation after being charged with feeding bears near her home, was arrested after officers discovered her leaving bread out for crows. Meanwhile, Brandy Berning of Florida was forced to spend a night in jail after recording her conversation with an officer who pulled her over for a routine traffic stop.

Welcome to the farce that passes for law and order in America today, where, as I point out in my book A Government of Wolves: The Emerging American Police State, crime is low, militarized police activity is on the rise, and Americans are being penalized for living off the grid, feeding wild animals, holding Bible studies in their back yard, growing vegetables in their front yard, collecting rainwater, and filming the police.

This latter point should really stick in your craw. Consider the irony: the government insists it can carry out all manner of surveillance on us—listen in on our phone calls, read our emails and text messages, track our movements, photograph our license plates, even enter our biometric information into DNA databases—but if we dare to return the favor, even a little, we get roughed up by the police, arrested, charged with violating various and sundry crimes (often trumped up), and forced to make restitution.

For example, George Thompson of Boston was arrested after he used his cell phone to record a police officer he describes as being “out of control.” University of Texas college student Abie Kyle Ikhinmwi was arrested after recording a police speed trap with her cell phone. Kansas teen Addison Mikkelson was arrested after filming a patrol car allegedly speeding and failing to use a turn signal.

Leon Rosby was filming a police standoff in June 2013, his cellphone in one hand and his dog’s leash in the other, when three officers approached him. Anticipating a problem, Rosby placed his 2-year-old Rottweiler, Max, in his car. The LA Times reports: “As officers cuffed Rosby, the dog escaped through an open window and began to bark and lunge at officers. One officer tried to grab the dog’s leash, then drew his gun and fired four shots, killing Max. Video of the incident went viral on YouTube, prompting a public outcry and drawing protesters to the Police Department headquarters.” Rosby has now filed a civil rights lawsuit against the city and the three police officers.

And then there is the Baltimore man who was threatened by police after they discovered him filming them during an arrest. The local CBS station ran the footage of the ensuing confrontation, which went something like this:

“I’m allowed to do this,” the man told the officer.

“Get it out of my face,” the officer replied.

“I have my rights,” the man said.

“You have no rights,” the officer said.

But the man didn’t stop rolling and was once again aggressively approached.

“Do you see the police presence here? Do you see us all? We’re not [expletive] around. Do you understand? Do not disrespect us and do not not listen to us,” the officer said. “Now walk away and shut your [expletive] mouth or you’re going to jail, do you understand?”

After backing away, the officer came at the man a third time, appearing to grab him.

“I thought I had freedom of speech here,” the man said.

“You don’t. You just lost it,” the officer replied.

And that, in a nutshell, is what happens when law enforcement officials—not just the police, but every agent of the government entrusted with enforcing laws, from the president on down—are allowed to discard the law when convenient. At the point where there’s a double standard at play, where the only ones having to obey the law are the citizenry and not the enforcers, then that vital “social contract” that John Locke envisioned as the basis for society breaks down. The more we allow government officials to operate outside the law, the more we ensure that the law becomes only a tool to punish us, rather than binding and controlling the government, as it was intended.

This brings me back to the problem of Americans getting arrested for filming the police. Until recently, this has primarily been a problem experienced by journalists and photographers attempting to document political protests and other disturbances involving the police. However, with the preponderance of smart phones capable of recording audio and video, individuals who dare to record police engaged in questionable or abusive activities in public are increasingly finding themselves on the receiving end of the harsh treatment they intended to document. These videos, if widely distributed, can be a powerful method of subjecting police to closer scrutiny and holding them accountable to respecting the rights of those they are supposed to serve.

Naturally, police agencies and unions have sought out legal prohibitions on such videos from being created. Massachusetts police, for instance, have invoked a state surveillance law to charge citizen video-makers criminally for their actions. Because the state surveillance law requires “two-party” consent, most kinds of public filming can be construed as illegal. Similar laws exist in California, Florida, Illinois, Michigan, and Pennsylvania. The law was enacted to protect private citizens from invasive surveillance, but the police have exploited it to curtail free speech that tarnishes their public image. Police claim that this regulation gives them legal justification to prohibit filming by citizens such as Jeffrey Manzelli, a journalist who recorded the police intimidating protesters at a rally and was arrested and charged under the law.

Saddled with costly lawsuits brought by individuals allegedly brutalized by police who didn’t appreciate their actions being filmed, a few cities across the country are attempting to adopt policies to protect citizens who film the police. In Troy, N.Y., for example, city police officers would face a fine and jail time if they stop people from legally photographing or filming them. If adopted, the Troy ordinance, which would carry a maximum $5,000 fine and a jail term of up to 15 days for an officer found guilty of violating it, would be the first of its kind in the country.

As part of a $200,000 legal settlement, Indianapolis police will soon be required to remind its officers that citizens have a legal right to videotape on-duty police officers. The case arose after a 66-year-old Indianapolis resident was tackled to the ground, arrested and charged with resisting arrest, disorderly conduct and public intoxication (he was found not guilty of the charges) after he used his cellphone to record police arresting a young man in his neighbor’s driveway. There is also a movement afoot to equip police with on-officer cameras that would provide footage of what an officer sees.

The courts, thus far, have favored the First Amendment rights of eyewitness filmmakers, even in the face of state efforts to outlaw such activities. In 2012, the U.S. Supreme Court refused to hear an appeal of an Illinois eavesdropping law that makes recording law enforcement officers a first-class felony punishable by up to 15 years in prison. In 2013, the U.S. Department of Justice issued a statement of interest in the case of Mannie Garcia v. Montgomery County, Md., declaring that not only do individuals have a First Amendment right to record officers publicly doing their duties, they also have Fourth and Fourteenth Amendment rights protecting them from having those recordings seized without a warrant or due process.

The Garcia case involves a journalist who was arrested and charged with disorderly conduct for filming police as they detained two men. According to the lawsuit, police “dragged Garcia to the police car, put him in handcuffs, threw him to the ground by kicking his feet out from under him, taunted him, threatened to arrest his wife if she came too close and took his camera, and seized the memory card, which was never returned.”

The problem, as the U.S. Court of Appeals for the Seventh Circuit recognized in Payne v. Pauley, is that “[p]olice officers must be more thick skinned than the ordinary citizen and must exercise restraint in dealing with the public” and “must not conceive that every threatening or insulting word, gesture, or motion amounts to disorderly conduct.”

The difficulty we face is that police officers are becoming increasingly thin skinned, less restrained in dealing with the public, and more inclined to conceive every word, gesture, or motion as a threat. In an ideal world, police would recognize that, as public servants, they are rightfully subject to recording and surveillance when carrying out their public duties. Unfortunately, this is far from an ideal world.

So what are we to do?

We must continue to stand up for our rights, record police when the opportunity presents itself, and politely remind any offended officers that they are, in fact, our public servants and, as such, their behavior is subject to public scrutiny. If they disagree and attempt to stop us from recording, we can refer them to the U.S. Constitution, which they have sworn to uphold, which protects our right to record matters of public interest. And if they continue to insist on hauling people to jail because they don’t like the idea of transparency and accountability, they can take it up with the courts. The goal is to eventually arrive at a point where we can keep a watchful eye on our government officials, instead of the other way around. As Justice Louis D. Brandeis once observed, “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” — John W. Whitehead