police state | John W. Whitehead, Constitutional Attorney

Posts Tagged ‘police state’

Why I’m Not Breaking Up with America This Valentine’s Day

Posted: February 9, 2015 in Uncategorized
Tags: 1033 program, Bono, expatriate, foreign wars, ISIS, King George III, militarized police, nsa, Patrick Henry, Patriot Act, police state, Rosa Parks, surveillance, Valentine's Day, whole body scanners

“I love America and I hate it. I’m torn between the two. I have two conflicting visions of America. One is a kind of dream landscape and the other is a kind of black comedy.”― Bono

Almost every week I get an email from an American expatriate living outside the country who commiserates about the deplorable state of our freedoms in the United States, expounds on his great fortune in living outside the continental U.S., and urges me to leave the country before all hell breaks loose and my wife and children are tortured, raped, brutalized and killed.

Without fail, this gentleman concludes every piece of correspondence by questioning my sanity in not shipping my grandchildren off to some far-flung locale to live their lives free of fear, police brutality, and surveillance.

I must confess that when faced with unmistakable warning signs that the country I grew up in is no more, I have my own moments of doubt.

After all, why would anyone put up with a government that brazenly steals, cheats, sneaks, spies and lies, not to mention alienates, antagonizes, criminalizes and terrorizes its own citizens and then justifies it in the name of safety, security and the greater good?

Why would anyone put up with militarized police officers who shoot first and ask questions later, act as if their word is law, and operate as if they are above the law?

Why would anyone put up with government officials, it doesn’t matter whether they’re elected or appointed, who live an elitist lifestyle while setting themselves apart from the populace, operate outside the rule of law, and act as if they’re beyond reproach and immune from being held accountable?

Unfortunately, not only do we put up with a laundry list of tyrannies that make King George III’s catalogue of abuses look like child’s play, but most actually persist in turning a blind eye to them, acting as if what they don’t see or acknowledge can’t hurt them.

The sad reality, as I make clear in my book A Government of Wolves: The Emerging American Police State, is that life in America is no bed of roses. Nor are there any signs that things will get better anytime soon, at least not for “we the people,” those of us who belong to the so-called “unwashed masses”—the working class stiffs, the hoi polloi, the plebeians, the rabble, the riffraff, the herd, the peons and the proletariats.

For instance, we’re still being spied on by our own government. Incredibly, while the British courts recognize that mass government surveillance of cellphone and online communications is not only illegal but violates human rights, the U.S. courts and politicians continue to pander to the government’s whims, whether or not they run afoul of the rule of law. Sen. Marco Rubio (R-Fla.) actually wants to make the NSA’s mass surveillance a permanent practice.

Not only is the government unapologetic about spying on its citizens, but government agencies are using their collective surveillance data to carry out Orwellian pre-crime programs that attempt to nab “criminals” before they ever commit a crime. To do so, they have to study our social media posts, our buying habits, and where we travel to and from, and on and on.

We’re still being treated like serfs working for an overlord, with little actual rights when it comes to our property, our bodies, our children or our welfare. It doesn’t really matter what the justifications are for such taxes, regulations, prohibitions and fines if they result in us having little-to-no control over how we live our lives. In Seattle, for example, even one’s trash is subject to government regulation. Residents who fail to separate out their food waste for composting are fined for each violation.

We’re still bartering our freedoms away for the phantom promise of security, and we’re no safer and much less freer than we were two decades ago. First, it was the Patriot Act, which continues to sanction all manner of government intrusions into our lives, from the government tracking what cold medicine we use and how we spend our money to what we read and with whom we communicate. Then it was whole-body scanners in the airports, which were expensive, invasive and ineffective. Most recently, we’ve been subjected to a song-and-dance number about the need for body cameras on police officers to rein in abusive cops, with little said about how these surveillance cameras will be used to identify and track those in their range, or how difficult the footage will be to acquire if needed for our own defense.

We’re still being fooled into thinking that politics matter and that there’s a difference between the Republicans and Democrats, when in fact, the two parties are exactly the same. As one commentator noted, both parties support endless war, engage in out-of-control spending, ignore the citizenry’s basic rights, have no respect for the rule of law, are bought and paid for by Big Business, care most about their own power, and have a long record of expanding government and shrinking liberty.

Our communities are still being held hostage by militarized police. Despite the fleeting attention paid to the transformation of community police into extensions of the military, the transfer of military equipment from the federal government to localities continues unabated, with more than $28 million worth of tactical equipment distributed in the last quarter of 2014. The federal government, in conjunction with local police, has created a standing army on American soil—something those who drafted our Constitution believed would devastate our freedoms.

We’re still exchanging one set of wars for another, to the delight and profit of the military industrial complex. We’ve gone from waging war against Iraq and Iran to sounding the war drums against North Korea, Syria and ISIS wherever it happens to rear its head.

Every once in a while, we get tossed a bone to satisfy that gnawing, nagging hunger for something that looks and tastes like freedom, democracy and free enterprise. Political elections, town-hall meetings, awards ceremonies, sports spectacles, high-dollar lotteries, reality TV shows, morning news programs and patriotic-themed blockbuster movies: these are all the trappings of a so-called free nation without the substance (what Shakespeare referred to as a “tale told by an idiot, full of sound and fury, signifying nothing”). Indeed, Big Business, in conjunction with Big Government, have become very adept at distracting the citizenry so that “we the people” often have no clue as to the real nature of the political game being played.

Temporarily assuaged, easily distracted and suffering from an appalling case of public amnesia, we fall right back into our complacency and compliance, content to turn a blind eye to blatant abuses, forgive past transgressions, and forget all of the reasons why we should be mad as hell about the state of our nation.

So why do I stay? Why do any of us continue to put up with the gut-wrenching, soul-sucking, misery-drenched, demoralizing existence that is America today?

Perhaps I stay because I was raised to believe that anything worth having is worth fighting for, and I believe with every fiber of my being that freedom matters. In fact, I come from a long line of Americans who understood that there is a price to be paid for freedom, whether that means standing up to the British military, sitting down in a bus seat reserved for “whites only,” or pushing back against corporations who pollute our waters and pillage our lands for profit.

Perhaps I soldier on because I remember what it was like to grow up at a time when the only surveillance I had to worry about were the neighbors who reported back to my mother whenever I did something wrong, and I desperately want my grandchildren to experience that kind of carefree existence. I want them to know that there’s more to life than metal detectors, lockdowns, random searches and pre-crime units trying to nab them for a crime if they dare step out of line.

Perhaps I persevere because I know that there are genuinely concerned Americans out there, including some good cops, honest politicians and pragmatic idealists, who want to pitch in and turn things around for the better. As long as there is this small but vocal minority who cares enough to stand up and speak out, then all is not completely lost.

Perhaps I stick it out because I know that surveillance, overcriminalization, militarized police, power-hungry politicians and greedy corporations are not exclusive to America, and there’s nowhere you can escape to where tyranny cannot follow. No matter what you think of Ronald Reagan and his politics, he was right when he warned that, “If we lose freedom here, there is no place to escape to. This is the last stand on earth.”

Most of all, perhaps I keep fighting on because I’m just not ready to give up on America. At least, not yet.

In the words of that revolutionary firebrand Patrick Henry:

Gentlemen may cry, peace, peace — but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! — I know not what course others may take; but as for me, give me liberty or give me death!

Handcuffs, Leg Shackles and Tasers: The New Face of Punishment in the Public Schools

Posted: January 26, 2015 in Uncategorized
Tags: ADHD, autism, handcuffs, PBIS, police, police state, public schools, school resource officers, school to prison pipeline, scream rooms, seclusion and restraint, solitary confinement, tasers, zero tolerance

“In many parts of the country, teachers are viewed as beyond reproach, much like doctors, police officers, or clergy … and, therefore, are rarely challenged about their classroom conduct. In some cases, this means that actions that would be considered criminal if committed by a parent remain unchallenged by law enforcement if they occur in a school setting.”—Senator Tom Harkin, “Dangerous Use of Seclusion and Restraints in Schools Remains Widespread and Difficult to Remedy: A Review of Ten Cases”

Roughly 1500 kids are tied up or locked down every day by school officials in the United States.

At least 500 students are locked up in some form of solitary confinement every day, whether it be a padded room, a closet or a duffel bag. In many cases, parents are rarely notified when such methods are used.

On any given day when school is in session, kids who “act up” in class are pinned facedown on the floor, locked in dark closets, tied up with straps, bungee cords and duct tape, handcuffed, leg shackled, tasered or otherwise restrained, immobilized or placed in solitary confinement in order to bring them under “control.”

In almost every case, these undeniably harsh methods are used to punish kids for simply failing to follow directions or throwing tantrums. Very rarely do the kids pose any credible danger to themselves or others.

Unbelievably, these tactics are all legal, at least when employed by school officials or school resource officers (a.k.a. police officers) in the nation’s public schools.

For example, in what may be the youngest example of a child being restrained in this way, in October 2014, a 4-year-old Virginia preschooler was handcuffed, leg shackled and transported to the sheriff’s office after reportedly throwing blocks and climbing on top of the furniture. School officials claim the restraints were necessary to protect the adults from injury.

In New York, “school safety agents” tied a 5-year-old ADHD student to a chair with Velcro straps as a punishment for throwing a tantrum in class. Police officers claim the straps were necessary because the boy had tried to bite one of the adults.

A 6-year-old kindergarten student in a Georgia public school was handcuffed, transported to the police station, and charged with simple battery of a schoolteacher and criminal damage to property for throwing a temper tantrum at school.

A second-grader in Arizona who suffers from ADHD was duct-taped to her chair after getting up to sharpen her pencil too often.

Kentucky school officials placed a 9-year-old autistic student in a duffel bag as a punishment acting up in class. Turns out, it wasn’t the first time the boy had been placed inside the “therapy bag.”

An 11-year-old special needs student had his hands cuffed behind his back and was driven home in a police car after refusing to come inside after recess and acting in an out of control manner by “passively” resisting police officers.

Unfortunately, these are far from isolated incidents.

According to a ProPublica investigative report, such harsh punishments are part of a widespread phenomenon plaguing school districts across the country.

Indeed, as investigative reporter Heather Vogell points out, this is a local story everywhere. It’s happening in my town. It’s happening in your town. It’s happening in every school district in America.

In 2012 alone, there were more than 267,000 attempts by school officials to restrain or lock up students using straps, bungee cords, and duct tape. The numbers are likely far greater when one accounts for the schools that underreport their use of such tactics.

Vogell found that “most [incidents] of restraints and seclusions happen to kids with disabilities—and are more likely to happen to kids with autism or emotional/behavioral problems.” Often due to their age, their emotional distress, or their disabilities, these young people are unable to tell their parents about the abusive treatment being meted out to them by school officials.

At least 500 students are placed in “Scream Rooms” every day (there were 104,000 reported uses of scream rooms in a given year). For those unfamiliar with the term, a “scream room” is an isolated, unmonitored, locked room—sometimes padded, often as small as four-feet-by-four-feet—which school officials use to place students in seclusion.

These scream rooms are a far cry from the tested and approved “time out,” which involves monitoring the child in a non-locked setting in order to calm him down. As psychiatrist Keith Albow points out, “Scream rooms are nothing but solitary confinement, and by extension, that makes every school that uses them a prison. They turn principals into wardens and make every student an inmate.”

Schools acting like prisons. School officials acting like wardens. Students treated like inmates and punished like hardened criminals.

This is the end product of all those so-called school “safety” policies, which run the gamut from zero tolerance policies that punish all infractions harshly to surveillance cameras, metal detectors, random searches, drug-sniffing dogs, school-wide lockdowns, active-shooter drills and militarized police officers.

Paradoxically, instead of making the schools safer, school officials have succeeded in creating an environment in which children are so traumatized that they suffer from post-traumatic stress disorder, nightmares, anxiety, mistrust of adults in authority, as well as feelings of anger, depression, humiliation, despair and delusion.

Even in the face of parental outrage, lawsuits, legislative reforms, investigative reports and endless cases showing that these tactics are not working and “should never be used for punishment or discipline,” full-grown adults—police officers and teachers alike—insist that the reason they continue to handcuff, lock up and restrain little kids is because they fear for their safety and the safety of others.

“Fear for one’s safety” has become such a hackneyed and threadbare excuse for behavior that is inexcusable. Dig a little deeper and you’ll find that explanation covers a multitude of sins, whether it’s poorly trained police officers who shoot first and ask questions later, or school officials who are ill-equipped to deal with children who act like children, meaning they don’t always listen, they sometimes throw tantrums, and they have a hard time sitting still.

That’s not to say all schools are bad. In fact, there are a small but growing number of schools that are proactively switching to a policy of Positive Behavior Interventions and Supports (PBIS), which relies on the use of “engaging instruction, combined with acknowledgement or feedback of positive student behavior,” in order to reduce the need for unnecessary discipline and promote a climate of greater productivity, safety, and learning. One school in Pennsylvania for children with significant behavior challenges found that they were able to “reduce the use of physical restraint from approximately 1,000 incidents per year in 1998 to only three incidents total in 2012” after switching to a PBIS-oriented program. If exposed to this positive reinforcement early enough in school, by the time a student makes it to the third grade, little to no intervention is required.

Unfortunately, these schools are still in the minority in an age that values efficiency, expediency and conformity, where it’s often faster and easier to “lock down” a kid who won’t sit still, won’t follow orders, and won’t comply.

Certainly, this is a mindset we see all too often in the American police state.

So what’s the answer, not only for the here-and-now—the children growing up in these quasi-prisons—but for the future of this country? How do you convince a child who has been routinely handcuffed, shackled, tied down, locked up, and immobilized by government officials—all before he reaches the age of adulthood—that he has any rights at all, let alone the right to challenge wrongdoing, resist oppression and defend himself against injustice?

Most of all, as I point out in my book A Government of Wolves: The Emerging American Police State, how do you persuade a fellow American that the government works for him when for most of his young life, he has been incarcerated in an institution that teaches young people to be obedient and compliant citizens who don’t talk back, don’t question and don’t challenge authority?

Peter Gray, a professor of psychology at Boston College, believes that school is a prison that is damaging our kids, and it’s hard to disagree, especially with the numbers of police officers being assigned to schools on the rise. What this means, notes Mother Jones, is greater police “involvement in routine discipline matters that principals and parents used to address without involvement from law enforcement officers.”

Students, in turn, are not only finding themselves subjected to police tactics such as handcuffs, leg shackles, tasers and excessive force for “acting up” but are also being ticketed, fined and sent to court for behavior perceived as defiant, disruptive or disorderly such as spraying perfume and writing on a desk.

Clearly, the pathology that characterizes the American police state has passed down to the schools. Now in addition to the government and its agents viewing the citizenry as suspects to be probed, poked, pinched, tasered, searched, seized, stripped and generally manhandled, all with the general blessing of the court, our children in the public schools are also fair game.

What can be done?

Without a doubt, change is needed, but that will mean taking on the teachers’ unions, the school unions, the educators’ associations, and the police unions, not to mention the politicians dependent on their votes and all of the corporations that profit mightily from an industrial school complex.

As we’ve seen with other issues, any significant reforms will have to start locally and trickle upwards. For a start, parents need to be vocal, visible and organized and demand that school officials 1) adopt a policy of positive reinforcement in dealing with behavior issues; 2) minimize the presence in the schools of police officers and cease involving them in student discipline; and 3) insist that all behavioral issues be addressed first and foremost with a child’s parents, before any other disciplinary tactics are attempted.

“Children are the messages we send to a time we will not see,” Professor Neil Postman once wrote. If we do not rein in the police state’s influence in the schools, the future to which we are sending our children will be characterized by a brutal, totalitarian regime.

The U.S. Supreme Court: Marching in Lockstep with the Police State

Posted: January 19, 2015 in Uncategorized
Tags: civil liberties, Constitution, police, police state, u.s. supreme court

The U.S. Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet, as John W. Whitehead points out in this week’s vodcast, Americans can no longer rely on the courts to mete out justice. In the police state being erected around us, the police and other government agents can probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts.

‘You’re Either a Cop or Little People’: The American Police State in 2014

Posted: December 30, 2014 in Uncategorized
Tags: A Government of Wolves, asset forfeiture, cell phones, censorship, civil liberties, civil rights, Congress, Constitution, corporations, criminal behavior, criminalization, Declaration of Independence, Department of Homeland Security, dissidents, drones, drug-sniffing dogs, education, Elonis, Facebook, first amendment, florida v. harris, fourth amendment, GPS devices, militarized police, police, police shootings, police state

“You’re either a cop or little people.”—Police captain Harry Bryant in Blade Runner

For those of us who have managed to survive 2014 with our lives intact and our freedoms hanging by a thread, it has been a year of crackdowns, clampdowns, shutdowns, showdowns, shootdowns, standdowns, knockdowns, putdowns, breakdowns, lockdowns, takedowns, slowdowns, meltdowns, and never-ending letdowns.

We’ve been held up, stripped down, faked out, photographed, frisked, fracked, hacked, tracked, cracked, intercepted, accessed, spied on, zapped, mapped, searched, shot at, tasered, tortured, tackled, trussed up, tricked, lied to, labeled, libeled, leered at, shoved aside, saddled with debt not of our own making, sold a bill of goods about national security, tuned out by those representing us, tossed aside, and taken to the cleaners.

As I point out in my book A Government of Wolves: The Emerging American Police State, we’ve had our freedoms turned inside out, our democratic structure flipped upside down, and our house of cards left in a shambles.

We’ve had our children burned by flashbang grenades, our dogs shot, and our old folks hospitalized after “accidental” encounters with marauding SWAT teams. We’ve been told that as citizens we have no rights within 100 miles of our own border, now considered “Constitution-free zones.” We’ve had our faces filed in government databases, our biometrics crosschecked against criminal databanks, and our consumerist tendencies catalogued for future marketing overtures.

We’ve been given the runaround on government wrongdoing, starting with President Obama’s claim that the National Security Agency has never abused its power to spy on Americans’ phone calls and emails. All the while, the NSA has been racing to build a supercomputer that could break through “every kind of encryption used to protect banking, medical, business and government records around the world.” Despite the fact that the NSA’s domestic surveillance program has been shown to be ineffective at preventing acts of terrorism, the agency continues to vacuum up almost 200 million text messages a day.

We’ve seen the police transformed from community peacekeepers to point guards for the militarized corporate state. From Boston to Ferguson and every point in between, police have pushed around, prodded, poked, probed, scanned, shot and intimidated the very individuals—we the taxpayers—whose rights they were hired to safeguard. Networked together through fusion centers, police have surreptitiously spied on our activities and snooped on our communications, using hi-tech devices provided by the Department of Homeland Security.

We’ve been deemed suspicious for engaging in such dubious activities as talking too long on a cell phone and stretching too long before jogging, dubbed extremists and terrorists for criticizing the government and suggesting it is tyrannical or oppressive, and subjected to forced colonoscopies and anal probes for allegedly rolling through a stop sign.

We’ve been arrested for all manner of “crimes” that never used to be considered criminal, let alone uncommon or unlawful, behavior: letting our kids walk to the playground alone, giving loose change to a homeless man, feeding the hungry, and living off the grid.

We’ve been sodomized, victimized, jeopardized, demoralized, traumatized, stigmatized, vandalized, demonized, polarized and terrorized, often without having done anything to justify such treatment. Blame it on a government mindset that renders us guilty before we’ve even been charged, let alone convicted, of any wrongdoing. In this way, law-abiding individuals have had their homes mistakenly raided by SWAT teams that got the address wrong. One accountant found himself at the center of a misguided police standoff after surveillance devices confused his license plate with that of a drug felon.

We’ve been railroaded into believing that our votes count, that we live in a democracy, that elections make a difference, that it matters whether we vote Republican or Democrat, and that our elected officials are looking out for our best interests. Truth be told, we live in an oligarchy, politicians represent only the profit motives of the corporate state, whose leaders know all too well that there is no discernible difference between red and blue politics, because there is only one color that matters in politics—green.

We’ve gone from having privacy in our inner sanctums to having nowhere to hide, with smart pills that monitor the conditions of our bodies, homes that spy on us (with smart meters that monitor our electric usage and thermostats and light switches that can be controlled remotely) and cars that listen to our conversations and track our whereabouts. Even our cities have become wall-to-wall electronic concentration camps, with police now able to record hi-def video of everything that takes place within city limits.

We’ve had our schools locked down, our students handcuffed, shackled and arrested for engaging in childish behavior such as food fights, our children’s biometrics stored, their school IDs chipped, their movements tracked, and their data bought, sold and bartered for profit by government contractors, all the while they are treated like criminals and taught to march in lockstep with the police state.

We’ve been rendered enemy combatants in our own country, denied basic due process rights, held against our will without access to an attorney or being charged with a crime, and left to molder in jail until such a time as the government is willing to let us go or allow us to defend ourselves.

We’ve had the very military weapons we funded with our hard-earned tax dollars used against us, from unpiloted, weaponized drones tracking our movements on the nation’s highways and byways and armored vehicles, assault rifles, sound cannons and grenade launchers in towns with little to no crime to an arsenal of military-grade weapons and equipment given free of charge to schools and universities.

We’ve been silenced, censored and forced to conform, shut up in free speech zones, gagged by hate crime laws, stifled by political correctness, muzzled by misguided anti-bullying statutes, and pepper sprayed for taking part in peaceful protests.

We’ve been shot by police for reaching for a license during a traffic stop, reaching for a baby during a drug bust, carrying a toy sword down a public street, and wearing headphones that hamper our ability to hear.

We’ve had our tax dollars spent on $30,000 worth of Starbucks for Dept. of Homeland Security employees, $630,000 in advertising to increase Facebook “likes” for the State Dept., and close to $25 billion to fund projects ranging from the silly to the unnecessary, such as laughing classes for college students and programs teaching monkeys to play video games and gamble.

We’ve been treated like guinea pigs, targeted by the government and social media for psychological experiments on how to manipulate the masses. We’ve been tasered for talking back to police, tackled for taking pictures of police abuses, and threatened with jail time for invoking our rights. We’ve even been arrested by undercover cops stationed in public bathrooms who interpret men’s “shaking off” motions after urinating to be acts of lewdness.

We’ve had our possessions seized and stolen by law enforcement agencies looking to cash in on asset forfeiture schemes, our jails privatized and used as a source of cheap labor for megacorporations, our gardens smashed by police seeking out suspicious-looking marijuana plants, and our buying habits turned into suspicious behavior by a government readily inclined to view its citizens as terrorists.

We’ve had our cities used for military training drills, with Black Hawk helicopters buzzing the skies, Urban Shield exercises overtaking our streets, and active shooter drills wreaking havoc on unsuspecting bystanders in our schools, shopping malls and other “soft target” locations.

We’ve been told that national security is more important than civil liberties, that police dogs’ noses are sufficient cause to carry out warrantless searches, that the best way not to get raped by police is to “follow the law,” that what a police officer says in court will be given preference over what video footage shows, that an upright posture and acne are sufficient reasons for a cop to suspect you of wrongdoing, that police can stop and search a driver based solely on an anonymous tip, and that police officers have every right to shoot first and ask questions later if they feel threatened.

Now there are those who still insist that they are beyond the reach of the police state because they have done nothing wrong and have nothing to fear. To those sanctimonious few, secure in their delusions, let this be a warning: the danger posed by the American police state applies equally to all of us: lawbreaker and law abider alike, black and white, rich and poor, liberal and conservative, blue collar and white collar, and any other distinction you’d care to trot out.

The lesson of 2014 is simply this: in a police state, you’re either a cop or you’re one of the little people. Right now, we are the little people, the servants, the serfs, the grunts who must obey without question or suffer the consequences.

If there is to be any hope in 2015 for restoring our freedoms and reclaiming our runaway government, we will have to start by breathing life into those three powerful words that set the tone for everything that follows in the Constitution: “we the people.”

It’s time to stop waiting patiently for change to happen and, as Gandhi once advised, be the change you want to see in the world.

Get mad, get outraged, get off your duff and get out of your house, get in the streets, get in people’s faces, get down to your local city council, get over to your local school board, get your thoughts down on paper, get your objections plastered on protest signs, get your neighbors, friends and family to join their voices to yours, get your representatives to pay attention to your grievances, get your kids to know their rights, get your local police to march in lockstep with the Constitution, get your media to act as watchdogs for the people and not lapdogs for the corporate state, get your act together, and get your house in order.

In other words, get moving. Time is growing short, and the police state is closing in. Power to the people!

TRI Defends 8th Grader Body Slammed & Arrested by Police for Wearing Rosary Beads to School Football Game in Memory of Dead Brother

Posted: December 5, 2014 in Uncategorized
Tags: A Government of Wolves, chokehold, civil liberties, civil rights, criminal behavior, criminalization, Eric Garner, militarized police, police, police state, public schools, zero tolerance

AMARILLO, Texas — The Rutherford Institute has come to the defense of an eighth grader at Sam Houston Middle School (SHMS) who was allegedly slammed to the ground by police, lain on until he was left gasping for air, then arrested and held in a detention center overnight—all because he wore rosary beads in memory of his deceased brother to a school football game.

In challenging school officials and police over their treatment of Jacob Herrera, who had to be taken to a hospital as a result of the injuries inflicted by the arresting officer, The Rutherford Institute is asking the superintendent of the Amarillo Independent School District (AISD) to rectify the situation by rescinding the school’s ban on rosary beads, which clearly violates the First Amendment. Pointing out that Jacob did request and receive permission from the school principal to wear the rosary beads to the football game, Institute attorneys have also asked that AISD communicate to law enforcement officials the school’s belief that Jacob not be prosecuted for any of the unfounded charges being levied against him, and issue a public statement that the school district does not support or condone students being physically accosted in the manner Jacob was reportedly dealt with by the arresting officer, particularly where there was no threat of harm posed by the student and he was engaged in peaceful religious expression.

“Whether it’s a grown man placed in a chokehold by police for selling cigarettes, or a middle school student body slammed for wearing rosary beads to a football game, the end result is the same: Americans can no longer take for granted the possibility of peaceful, nonviolent, routine interactions with police,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “It’s our hope that school officials will affirm their support for young Jacob and, in so doing, send a strong message to the community that they will not condone such heavy-handed tactics being used against students on school grounds.”

According to Jacob’s mother, Jacob wears rosary beads given to him by his deceased brother and which have particular religious, spiritual, and sentimental value to him. Jacob is not affiliated with any gang and his wearing of the rosary beads is only an expression of his religious beliefs and his devotion to the memory of his lost brother. Indeed, the rosary is used in the Roman Catholic faith for prayers to the Virgin Mary and has clear religious significance. Because of its significance to him, earlier this year Jacob sought permission from SHMS administrators to wear the rosary necklace to school. However, Jacob was told he had to wear the rosary inside his clothing during school hours, because rosary beads, while not specifically prohibited by any AISD rule or policy, have been deemed “gang apparel” that is banned under AISD’s Student Handbook.

A Government of Wolves book cover Although Jacob reluctantly complied with the directive that he not wear the rosary beads openly at school, prior to SHMS’s October 29, 2014, football game, Jacob asked the school’s principal for permission to display the beads while at the game and was told by the principal that he could do so. Nonetheless, while at the game that Wednesday evening, Jacob was approached by a police officer who ordered Jacob to either remove the rosary necklace or leave the property. When Jacob refused due to the principal’s permission, the police officer reportedly slammed him to the ground, laid on him until Jacob was gasping for air, and forcibly arrested the teenager. Thereafter, Jacob was held in the detention center until following day, when he was released, but is still under restraints of his liberty due to conditions placed on his release by the County Court. In coming to Jacob’s defense, Rutherford Institute attorneys point out that the entire incident might never have happened if AISD’s policies regarding what constitutes gang apparel had not been so unconstitutionally vague.

LEGAL ACTION

Click here to read The Rutherford Institute’s letter to the AISD

America’s Children: The Trials of Growing Up in a Police State

Posted: December 3, 2014 in Uncategorized
Tags: active shooter drills, body cameras, flash bang grenades, police, police shootings, police state, President Obama, public schools, SWAT teams, TASER international

“It’s been three weeks since the flashbang exploded next to my sleeping baby, and he’s still covered in burns. There’s still a hole in his chest that exposes his ribs. After breaking down the door, throwing my husband to the ground, and screaming at my children, the officers – armed with M16s – filed through the house like they were playing war. They searched for drugs and never found any. I heard my baby wailing and asked one of the officers to let me hold him. He screamed at me to sit down and shut up and blocked my view, so I couldn’t see my son. I could see a singed crib. And I could see a pool of blood. The officers yelled at me to calm down and told me my son was fine, that he’d just lost a tooth. It was only hours later when they finally let us drive to the hospital that we found out Bou Bou was in the intensive burn unit and that he’d been placed into a medically induced coma.”—Alecia Phonesavanh, the mother of Baby Bou Bou

After a year dominated with news of police shootings of unarmed citizens (including children), SWAT team raids gone awry, photo ops of militarized police shouldering assault rifles while perched on top of armored vehicles, and reports on how the police are using asset forfeiture laws to pad their pockets with luxury cars, cash and other expensive toys, I find myself wrestling with the question: how do you prepare a child for life in the American police state, especially when it comes to interactions with police?

Do you parrot the government line, as the schools do, that police officers are community helpers who are to be trusted and obeyed at all times? Do you caution them to steer clear of a police officer, warning them that any interactions could have disastrous consequences? Or is there some happy medium between the two that, while being neither fairy tale nor horror story, can serve as a cautionary tale for young people who will encounter police at virtually every turn?

Children are taught from an early age that there are consequences for their actions. Hurt somebody, lie, steal, cheat, etc., and you will get punished. But how do you explain to a child that a police officer can shoot someone who was doing nothing wrong and get away with it? That a cop can lie, steal, cheat, or kill and still not be punished?

Kids understand accidents: sometimes drinks get spilled, dishes get broken, people slip and fall and hurt themselves, or you bump into someone without meaning to, and they get hurt. As long as it wasn’t intentional and done with malice, you forgive them and you move on. Police shootings of unarmed people—of children and old people and disabled people—can’t just be shrugged off as accidents, however.

Aiyana Jones was no accident. The 7-year-old was killed after a Detroit SWAT team launched a flash-bang grenade into her family’s apartment, broke through the door and opened fire, hitting the little girl who was asleep on the living room couch. The cops weren’t even in the right apartment.

Ironically, on the same day that President Obama refused to stop equipping police with the very same kinds of military weapons and gear used to raid Aiyana’s home, it was reported that the police officer who shot and killed the little girl would not face involuntary manslaughter charges.

Obama insists that $263 million to purchase body cameras for police will prevent any further erosions of trust, but a body camera would not have prevented Aiyana from being shot in the head. Indeed, the entire sorry affair was captured on camera: a TV crew was filming the raid for an episode of The First 48, a true-crime reality show in which homicide detectives have 48 hours to crack a case.

While that $263 million will make Taser International, the manufacturer of the body cameras, a whole lot richer, it’s doubtful it would have prevented a SWAT team from shooting 14-month-old Sincere in the shoulder and hand and killing his mother.

No body camera could have stopped a Georgia SWAT team from launching a flash-bang grenade into the house in which Baby Bou Bou, his three sisters and his parents were staying. The grenade landed in the 2-year-old’s crib, burning a hole in his chest and leaving him with scarring that a lifetime of surgeries will not be able to easily undo.

No body camera could have prevented 10-year-old Dakota Corbitt from being shot by a Georgia police officer who tried to shoot an inquisitive dog, missed, and hit the young boy, instead. Alberto Sepulveda, 11, died from one “accidental” shotgun round to the back, after a SWAT team raided his parents’ home.

Cleveland police shot and killed 12-year-old Tamir Rice, who was seen playing on a playground with a toy gun. Surveillance footage shows police shooting the boy after getting out of a moving patrol car. Thirteen-year-old Andy Lopez Cruz was shot 7 times in 10 seconds by a California police officer who mistook the boy’s toy gun for an assault rifle. Christopher Roupe, 17, was shot and killed after opening the door to a police officer. The officer, mistaking the Wii remote control in Roupe’s hand for a gun, shot him in the chest.

These children are more than grim statistics on a police blotter. They are the heartbreaking casualties of the government’s endless, deadly wars on terror, on drugs, and on the American people themselves. Not even the children who survive their encounters with police escape unscathed. Increasingly, their lives are daily lessons in compliance and terror, meted out with every SWAT team raid, roadside strip search, and school drill.

Who is calculating the damage being done to the young people forced to watch as their homes are trashed and their dogs are shot during SWAT team raids? A Minnesota SWAT team actually burst into one family’s house, shot the family’s dog, handcuffed the children and forced them to “sit next to the carcass of their dead and bloody pet for more than an hour.” They later claimed it was the wrong house.

More than 80% of American communities have their own SWAT teams, with more than 80,000 of these paramilitary raids are carried out every year. That translates to more than 200 SWAT team raids every day in which police crash through doors, damage private property, terrorize adults and children alike, kill family pets, assault or shoot anyone that is perceived as threatening—and all in the pursuit of someone merely suspected of a crime, usually some small amount of drugs.

Then there are the hands-on lessons being taught in the schools about the role of police in our lives, ranging from active shooter drills to incidents in which children are suspended, handcuffed, arrested and even tasered for what used to be considered childlike behavior.

Case in point: in Pennsylvania, a ten-year-old boy was suspended for shooting an imaginary “arrow” at a fellow classmate, using nothing more than his hands and his imagination. In Colorado, a six-year-old boy was suspended and accused of sexual harassment for kissing the hand of a girl in his class whom he had a crush on. In Alabama, a diabetic teenager was slammed into a filing cabinet and arrested after falling asleep during an in-school suspension. Seven North Carolina students were arrested for throwing water balloons as part of a school prank.

What is particularly chilling is how effective these lessons in compliance are in indoctrinating young people to accept their role in the police state, either as criminals or prison guards. For example, police officers at a Florida middle school carried out an active shooter drill in an effort to educate students about how to respond in the event of an actual shooting crisis. Two armed officers, guns loaded and drawn, burst into classrooms, terrorizing the students and placing the school into lockdown mode.

If these exercises are intended to instill fear and compliance into young people, they’re working.

Sociologist Alice Goffman understands how far-reaching the impact of such “exercises” can be on young people. For six years, Goffman lived in a low-income urban neighborhood, documenting the impact such an environment—a microcosm of the police state—on its residents. Her account of neighborhood children playing cops and robbers speaks volumes about how constant exposure to pat downs, strip searches, surveillance and arrests can result in a populace that meekly allows itself to be prodded, poked and stripped. As journalist Malcolm Gladwell writing for the New Yorker notes:

Goffman sometimes saw young children playing the age-old game of cops and robbers in the street, only the child acting the part of the robber wouldn’t even bother to run away: I saw children give up running and simply stick their hands behind their back, as if in handcuffs; push their body up against a car without being asked; or lie flat on the ground and put their hands over their head. The children yelled, “I’m going to lock you up! I’m going to lock you up, and you ain’t never coming home!” I once saw a six-year-old pull another child’s pants down to do a “cavity search.”

Clearly, our children are getting the message, but it’s not the message that was intended by those who fomented a revolution and wrote our founding documents. Their philosophy was that the police work for us, and “we the people” are the masters, and they are to be our servants. Now that has been turned on its head. Our so-called “servants” with badges are no longer held accountable to the same laws that we are. In their military gear and assault vehicles, they are allowed to operate above the law. In fact, their word is the law.

It’s getting harder by the day to tell young people that we live in a nation that values freedom and which is governed by the rule of law without feeling like a teller of tall tales. Yet as I point out in my book A Government of Wolves: The Emerging American Police State, unless something changes and soon for the young people growing up, there will be nothing left of freedom as we have known it but a fairy tale without a happy ending.

We Are the Enemy: Is This the Lesson of Ferguson?

Posted: November 25, 2014 in Uncategorized
Tags: A Government of Wolves, asset forfeiture, Boston Marathon explosion, civil liberties, civil rights, Constitution, Darren Wilson, Department of Homeland Security, dissidents, Ferguson, Ferguson grand jury, Michael Brown, police, police militarization, police state

If you dress police officers up as soldiers and you put them in military vehicles and you give them military weapons, they adopt a warrior mentality. We fight wars against enemies, and the enemies are the people who live in our cities—particularly in communities of color.—Thomas Nolan, criminology professor and former police officer

Should police officer Darren Wilson be held accountable for the shooting death of unarmed citizen Michael Brown in Ferguson, Missouri, on August 9, 2014?

That the police officer was white and his victim black should make no difference. In a perfect world, it would not matter. In an imperfect world such as ours, however, racism is an effective propaganda tool used by the government and the media to distract us from the real issues.

As a result, the national dialogue about the dangers of militarized, weaponized police officers being trained to act like soldiers on the battlefield, shooting first and asking questions later, has shifted into a largely unspoken debate over race wars, class perceptions and longstanding, deep-seated notions of who deserves our unquestioning loyalty and who does not.

Putting aside our prejudices, however, let’s not overlook the importance of Ferguson and this grand jury verdict. Tasked with determining whether Wilson should stand trial for Brown’s shooting, the grand jury ruled that the police officer will not face charges for the fatal shooting.

However, the greater question—whether anything will really change to rein in militarized police, police shootings, lack of accountability and oversight, and a military industrial complex with a vested interest in turning America into a war zone—remains unanswered.

Ferguson matters because it provides us with a foretaste of what is to come. It is the shot across the bow, so to speak, a warning that this is how we will all be treated if we do not tread cautiously in challenging the police state, and it won’t matter whether we’re black or white, rich or poor, Republican or Democrat. In the eyes of the corporate state, we are all the enemy.

This is the lesson of Ferguson.

Remember that in the wake of the shooting, Ferguson police officers clad in body armor, their faces covered with masks, equipped with assault rifles and snipers and riding armored vehicles, showed up in force to deal with protesters. Describing that show of force by police in Ferguson, Senator Claire McCaskill, Democrat of Missouri, stated, “This was a military force, and they were facing down an enemy.”

Yes, we are the enemy. As I point out in my book A Government of Wolves: The Emerging American Police State, since those first towers fell on 9/11, the American people have been treated like enemy combatants, to be spied on, tracked, scanned, frisked, searched, subjected to all manner of intrusions, intimidated, invaded, raided, manhandled, censored, silenced, shot at, locked up, and denied due process.

There was a moment of hope after Ferguson that perhaps things might change. Perhaps the balance would be restored between the citizenry and their supposed guardians, the police. Perhaps our elected officials would take our side for a change and oppose the militarization of the police. Perhaps warfare would take a backseat to more pressing national concerns.

That hope was short-lived.

It wasn’t long before the media moved on to other, more titillating stories. The disappearance of a University of Virginia college student and the search for her alleged abductor, the weeks-long man-hunt for an accused cop killer, the Republican electoral upset, a Rolling Stone expose on gang rapes at fraternity parties, Obama’s immigration amnesty plan, and the rape charges against Bill Cosby are just a few of the stories that have dominated the news cycle since the Ferguson standoff between police and protesters.

It wasn’t long before the American public, easily acclimated to news of government wrongdoing (case in point: the national yawn over the NSA’s ongoing domestic surveillance), ceased to be shocked, outraged or alarmed by reports of police shootings. In fact, the issue was nowhere to be found in this year’s run-up to Election Day, which was largely devoid of any pressing matters of national concern.

And with nary a hiccup, the police state marched steadily forth. In fact, aided and abetted by the citizenry’s short attention span, its easily distracted nature, and its desensitization to anything that occupies the news cycle for too long, it has been business as usual in terms of police shootings, the amassing of military weapons, and the government’s sanctioning of police misconduct. Most recently, Ohio police shot and killed a 12-year-old boy who was seen waving a toy gun at a playground.

Rubbing salt in our wounds, in the wake of Ferguson, police agencies not only continued to ramp up their military arsenals but have used them whenever possible. In fact, in anticipation of the grand jury’s ruling, St. Louis police actually purchased more equipment for its officers, including “civil disobedience equipment.”

Just a few weeks after the Ferguson showdown, law enforcement agencies took part in an $11 million manhunt in Pennsylvania for alleged cop killer Eric Frein. Without batting an eye, the news media switched from outraged “shock” over the military arsenal employed by police in Ferguson to respectful “awe” of the 48-day operation that cost taxpayers $1.4 million per week in order to carry out a round-the-clock dragnet search of an area with a 5-mile-radius.

The Frein operation brought together 1,000 officers from local, state and federal law enforcement, as well as SWAT teams and cutting edge military equipment (high-powered rifles, body armor, infrared sensors, armored trucks, helicopters and unmanned, silent surveillance blimps)—some of the very same weapons and tactics employed in Ferguson and, a year earlier, in Boston in the wake of the marathon bombing.

The manhunt was a well-timed, perfectly choreographed exercise in why Americans should welcome the police state: for our safety, of course, and to save the lives of police officers.

Opposed to any attempt to demilitarize America’s police forces, the Dept. of Homeland Security has been chanting this safety mantra in testimony before Congress: Remember 9/11. Remember Boston. Remember how unsafe the world was before police were equipped with automatic weapons, heavily armored trucks, night-vision goggles, and aircraft donated by the DHS.

Contrary to DHS rhetoric, however, militarized police—twitchy over perceived dangers, hyped up on their authority, and protected by their agencies, the legislatures and the courts—have actually made communities less safe at a time when violent crime is at an all-time low and lumberjacks, fishermen, airline pilots, roofers, construction workers, trash collectors, electricians and truck drivers all have a higher risk of on-the-job fatalities than police officers.

Moreover, as Senator Tom Coburn points out, the militarization of America’s police forces has actually “created some problems that wouldn’t have been there otherwise.” Among those problems: a rise in the use of SWAT team raids for routine law enforcement activities (averaging 80,000 a year), a rise in the use and abuse of asset forfeiture laws by police agencies, a profit-driven incentive to criminalize lawful activities and treat Americans as suspects, and a transformation of the nation’s citizenry into suspects.

Ferguson provided us with an opportunity to engage in a much-needed national dialogue over how police are trained, what authority they are given, what weaponry they are provided, and how they treat those whom they are entrusted with protecting.

Caught up in our personal politics, prejudices and class warfare, we have failed to answer that call. In so doing, we have played right into the hands of all those corporations who profit from turning America into a battlefield by selling the government mine-resistant vehicles, assault rifles, grenade launchers, and drones.

As long as we remain steeped in ignorance, there will be no reform.

As long as we remain divided by our irrational fear of each other, there will be no overhaul in the nation’s law enforcement system or institution of an oversight process whereby communities can ensure that local police departments are acting in accordance with their wishes and values.

And as long as we remain distracted by misguided loyalties to military operatives who are paid to play the part of the government’s henchmen, there will be no saving us when the events of Ferguson unfold in our own backyards.

When all is said and done, it doesn’t matter whose “side” you’re on as far as what transpired in Ferguson, whether you believe that Michael Brown was a victim or that Darren Wilson was justified in shooting first and asking questions later.

What matters is that we not allow politics and deep-rooted prejudices of any sort to divert our efforts to restore some level of safety, sanity and constitutional balance to the role that police officers play in our communities. If we fail to do so, we will have done a disservice to ourselves and every man, woman and child in this country who have become casualties of the American police state.

Are ‘We the People’ Useful Idiots in the Digital Age?

Posted: November 17, 2014 in Uncategorized
Tags: A Government of Wolves, civil liberties, Congress, Constitution, criminal behavior, criminalization, Elonis, free speech, Orwell, overcriminalization, police, police state, private prisons, rap music, surveillance, US Supreme Court

Back in the heyday of the old Soviet Union, a phrase evolved to describe gullible western intellectuals who came to visit Russia and failed to notice the human and other costs of building a communist utopia. The phrase was “useful idiots” and it applied to a good many people who should have known better. I now propose a new, analogous term more appropriate for the age in which we live: useful hypocrites. That’s you and me, folks, and it’s how the masters of the digital universe see us. And they have pretty good reasons for seeing us that way. They hear us whingeing about privacy, security, surveillance, etc., but notice that despite our complaints and suspicions, we appear to do nothing about it. In other words, we say one thing and do another, which is as good a working definition of hypocrisy as one could hope for.—John Naughton, The Guardian

“Who needs direct repression,” asked philosopher Slavoj Zizek, “when one can convince the chicken to walk freely into the slaughterhouse?”

In an Orwellian age where war equals peace, surveillance equals safety, and tolerance equals intolerance of uncomfortable truths and politically incorrect ideas, “we the people” have gotten very good at walking freely into the slaughterhouse, all the while convincing ourselves that the prison walls enclosing us within the American police state are there for our protection.

Call it doublespeak, call it hypocrisy, call it delusion, call it whatever you like, but the fact remains that while we claim to value freedom, privacy, individuality, equality, diversity, accountability, and government transparency, our actions and those of our government overseers contradict these much-vaunted principles at every turn.

For instance, we disdain the jaded mindset of the Washington elite, and yet we continue to re-elect politicians who lie, cheat and steal. We disapprove of the endless wars that drain our resources and spread thin our military, and yet we repeatedly buy into the idea that patriotism equals supporting the military. We chafe at taxpayer-funded pork barrel legislation for roads to nowhere, documentaries on food fights, and studies of mountain lions running on treadmills, and yet we pay our taxes meekly and without raising a fuss of any kind. We object to the militarization of our local police forces and their increasingly battlefield mindset, and yet we do little more than shrug our shoulders over SWAT team raids and police shootings of unarmed citizens.

And then there’s our love-hate affair with technology, which sees us bristling at the government’s efforts to monitor our internet activities, listen in on our phone calls, read our emails, track our every movement, and punish us for what we say on social media, and yet we keep using these very same technologies all the while doing nothing about the government’s encroachments on our rights. This contradiction is backed up by a recent Pew Research Center study, which finds that “Americans say they are deeply concerned about privacy on the web and their cellphones. They say they do not trust Internet companies or the government to protect it. Yet they keep using the services and handing over their personal information.”

Let me get this straight: the government continues to betray our trust, invade our privacy, and abuse our rights, and we keep going back for more?

Sure we do. After all, the alternative—taking a stand, raising a ruckus, demanding change, refusing to cooperate, engaging in civil disobedience—is a lot of work. What we fail to realize, however, is that by tacitly allowing these violations to continue, we not only empower the tyrant but we feed the monster. In this way, as I point out in my book A Government of Wolves: The Emerging American Police State, what starts off as small, occasional encroachments on our rights, justified in the name of greater safety, becomes routine, wide-ranging abuses so entrenched as to make reform all but impossible.

We saw this happen with the police and their build-up of military arsenal, ostensibly to fight the war on drugs. The result: a transformation of America’s law enforcement agencies into extensions of the military, populated with battle-hardened soldiers who view “we the people” as enemy combatants.

The same thing happened with the government’s so-called efforts to get tough on crime by passing endless laws outlawing all manner of activities. The result: an explosion of laws criminalizing everything from parenting decisions and fishing to gardening and living off the grid.

And then there were the private prisons, marketed as a way to lower the government’s cost of locking up criminals. Only it turns out that private prisons actually cost the taxpayer more money and place profit incentives on jailing more Americans.

Are you starting to notice a pattern yet? The government lures us in with a scheme to make our lives better, our families safer, and our communities more secure, and then once we buy into it, they slam the trap closed. Doesn’t matter whether you’re talking about red light cameras, DNA databases, surveillance cameras, or zero tolerance policies—they all result in “we the people” being turned into enemy #1.

In this way, the government campaign to spy on our phone calls, letters and emails was sold to the American people as a necessary tool in the war on terror. Instead of targeting terrorists, however, the government has turned us into potential terrorists, so that if we dare say the wrong thing in a phone call, letter, email or on the internet, especially social media, we end up investigated, charged and possibly jailed.

This criminalization of free speech, which is exactly what the government’s prosecution of those who say the “wrong” thing using an electronic medium amounts to, is at the heart of Elonis v. The United States, a case before the U.S. Supreme Court this term.

If you happen to be one of the 1.31 billion individuals who use Facebook or one of the 255 million who tweet their personal and political views on Twitter, you might want to pay close attention, because the case has broad First Amendment implications for where the government can draw the line when it comes to expressive speech that is protected and permissible versus speech that could be interpreted as connoting a criminal intent.

The case arose after Anthony Elonis, an aspiring rap artist, used personal material from his life as source material and inspiration for rap lyrics which he then shared on Facebook. For instance, shortly after Elonis’ wife left him and he was fired from his job, his lyrics included references to killing his ex-wife, shooting a classroom of kindergarten children, and blowing up an FBI agent who had opened an investigation into his postings.

Despite the fact that Elonis routinely accompanied his Facebook posts with disclaimers that his lyrics were fictitious, and that he was using such writings as an outlet for his frustrations, he was charged with making unlawful threats (although it was never proven that he intended to threaten anyone) and sentenced to 44 months in jail.

Elonis is not the only Facebook user to be targeted for the content of his posts. In a similar case making its way through the courts, Marine veteran Brandon Raub was arrested by a swarm of FBI, Secret Service agents and local police and forcibly detained in a psychiatric ward because of controversial song lyrics and political views posted on his Facebook page. He was eventually released after a circuit court judge dismissed the charges against him as unfounded.

Earlier this year, rapper Jamal Knox and Rashee Beasley were sentenced to jail terms of up to six years for a YouTube video calling on listeners to “kill these cops ‘cause they don’t do us no good.” Although the rapper contended that he had no intention of bringing harm to the police, he was convicted of making terroristic threats and intimidation of witnesses.

And then there was Franklin Delano Jeffries II, an Iraq war veteran, who, in the midst of a contentious custody battle for his daughter, shared a music video on YouTube and Facebook in which he sings about the judge in his case, “Take my child and I’ll take your life.” Despite his insistence that the lyrics were just a way for him to vent his frustrations with the legal battle, Jeffries was convicted of communicating threats and sentenced to 18 months in jail.

The common thread running through all of these cases is the use of social media to voice frustration, grievances, and anger, sometimes using language that is overtly violent. The question the U.S. Supreme Court must now decide in Elonis is whether this activity, in the absence of any overt intention of committing a crime, rises to the level of a “true threat” or whether it is, as I would contend, protected First Amendment activity. (The Supreme Court has defined a “true threat” as “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.”)

The internet and social media have taken the place of the historic public square, which has slowly been crowded out by shopping malls and parking lots. As such, these cyber “public squares” may be the only forum left for citizens to freely speak their minds and exercise their First Amendment rights, especially in the wake of legislation that limits access to our elected representatives. Unfortunately, the internet has become a tool for the government to monitor, control and punish the populace for behavior and speech that may be controversial but are far from criminal.

Indeed, the government, a master in the art of violence, intrusion, surveillance and criminalizing harmless activities, has repeatedly attempted to clamp down on First Amendment activity on the web and in social media under the various guises of fighting terrorism, discouraging cyberbullying, and combatting violence. Police and prosecutors have also targeted “anonymous” postings and messages on forums and websites, arguing that such anonymity encourages everything from cyber-bullying to terrorism, and have attempted to prosecute those who use anonymity for commercial or personal purposes.

We would do well to tread cautiously in how much authority we give the government to criminalize free speech activities and chill what has become a vital free speech forum. Not only are social media and the Internet critical forums for individuals to freely share information and express their ideas, but they also serve as release valves to those who may be angry, seething, alienated or otherwise discontented. Without an outlet for their pent-up anger and frustration, these thoughts and emotions fester in secret, which is where most violent acts are born.

In the same way, free speech in the public square—whether it’s the internet, the plaza in front of the U.S. Supreme Court or a college campus—brings people together to express their grievances and challenge oppressive government regimes. Without it, democracy becomes stagnant and atrophied. Likewise, if free speech is not vigilantly protected, democracy is more likely to drift toward fear, repression, and violence. In such a scenario, we will find ourselves threatened with an even more pernicious injury than violence itself: the loss of liberty. In confronting these evils, more speech, not less, is the remedy.

Rutherford Institute to Defend Oregon Resident Who Was Jailed, Charged with Resisting Arrest for Filming SWAT Team Raid, & Faces a $5000 Fine

Posted: November 12, 2014 in Uncategorized
Tags: first amendment, Oregon, peace keepers, photography is not a crime, police, police state, SWAT team

GRESHAM, Oregon — The Rutherford Institute has come to the defense of 27-year-old Fred Marlow, an Oregon resident who was arrested, jailed and charged with interfering and resisting arrest after he filmed a SWAT team raid that took place across the street from his apartment in Gresham, Oregon, and uploaded the footage to the internet. The footage shows police officers threatening Marlow, who was awoken by the sounds of “multiple bombs blasting and glass breaking” and ran outside to investigate only to be threatened with arrest if he didn’t follow orders and return inside.

Footage of the incident can be viewed at http://youtu.be/j-YwXgvtahM.

“Clearly, when police officers cease to look and act like civil servants or peace officers but instead look and act like soldiers occupying a hostile territory, it alters their perception of ‘we the people.’ However, those who founded this country believed that we were the masters and that those whose salaries we pay with our hard-earned tax dollars are our servants,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “If daring to question, challenge or even hesitate when a cop issues an order can get you charged with resisting arrest or disorderly conduct, you’re not the master in a master-servant relationship. In fact, you’re not even the servant—you’re the slave.”

According to Fred Marlow, he was awakened around 4 am on September 2, 2014, by the sounds of “multiple bombs blasting and glass breaking and my entire apartment shook repeatedly. I grabbed my iPad and ran outside as fast as I could to see what was going on. There were 5 or more Tank/military Trucks just cruising through my neighborhood.” Using his iPad, Marlow filmed a SWAT team raid of a neighbor’s home taking place across the street from his apartment, including police officers dressed in army green camouflage and standing beside an armored vehicle.

Warned by police to return inside or face arrest for interference, Marlow continued to film the exchange. “Go inside right now. You are interfering right now. You need to go inside right now. It’s a lawful order,” one police officer says. “You are going to go inside right now.” Insisting that it was not past curfew, he had no weapons, and he was on his own property, Marlow continued to assert his right to observe the goings on. After another office ordered all residents to stay inside while police serve their search warrant on the targeted home, Marlow informed the police that he was uploading the filmed footage to the internet, at which point he was arrested and charged with interference and resisting arrest and could face a fine of $5000.

In coming to Marlow’s assistance, The Rutherford Institute has arranged for attorneys to assist the Oregon resident in resolving the criminal charges against him.

The Devil’s Bargain: The Illusion of a Trouble-Free Existence in the American Police State

Posted: November 10, 2014 in Uncategorized
Tags: Arnold Abbott, Florida, John Yates, Joni Mitchell, Nicole Gainey, overcriminalization, police, police state, simone weil, Yates v. United States

Whether the mask is labeled fascism, democracy, or dictatorship of the proletariat, our great adversary remains the apparatus—the bureaucracy, the police, the military. Not the one facing us across the frontier of the battle lines, which is not so much our enemy as our brothers’ enemy, but the one that calls itself our protector and makes us its slaves. No matter what the circumstances, the worst betrayal will always be to subordinate ourselves to this apparatus and to trample underfoot, in its service, all human values in ourselves and in others.—Simone Weil, French philosopher and political activist

It’s no coincidence that during the same week in which the U.S. Supreme Court heard arguments in Yates v. United States, a case in which a Florida fisherman is being threatened with 20 years’ jail time for throwing fish that were too small back into the water, Florida police arrested a 90-year-old man twice for violating an ordinance that prohibits feeding the homeless in public.

Both cases fall under the umbrella of overcriminalization, that phenomenon in which everything is rendered illegal and everyone becomes a lawbreaker. As I make clear in my book A Government of Wolves: The Emerging American Police State, this is what happens when bureaucrats run the show, and the rule of law becomes little more than a cattle prod for forcing the citizenry to march in lockstep with the government.

John Yates, a commercial fisherman, was written up in 2007 by a state fish and wildlife officer who noticed that among Yates’ haul of red grouper, 72 were apparently under the 20-inch minimum legal minimum. Yates, ordered to bring the fish to shore as evidence of his violation of the federal statute on undersized catches, returned to shore with only 69 grouper in the crate designated for evidence. A crew member later confessed that, on orders from Yates, the crew had thrown the undersized grouper overboard and replaced them with larger fish. Unfortunately, they were three fish short. Sensing a bait-and-switch, prosecutors refused to let Yates off the hook quite so easily. Unfortunately, in prosecuting him for the undersized fish under a law aimed at financial crimes, government officials opened up a can of worms.

Arnold Abbott, 90 years old and the founder of a nonprofit that feeds the homeless, is facing a fine of $1000 and up to four months in jail for violating a city ordinance that makes it a crime to feed the homeless in public. Under the city’s ordinance, clearly aimed at discouraging the feeding of the homeless in public, organizations seeking to do so must provide portable toilets, be 500 feet away from each other, 500 feet from residential properties, and are limited to having only one group carry out such a function per city block. Abbott has been feeding the homeless on a public beach in Ft. Lauderdale every Wednesday evening for the past 23 years. On November 2, 2014, moments after handing out his third meal of the day, police reportedly approached the nonagenarian and ordered him to “‘drop that plate right now,’ as if I were carrying a weapon,” recalls Abbott. Abbott was arrested and fined. Three days later, Abbott was at it again, and arrested again.

That both of these incidents occurred in Florida is no coincidence. Remember, this is the state that arrested Nicole Gainey for letting her 7-year-old son walk to the park alone, even though it was just a few blocks from their house. If convicted, Gainey could have been made to serve up to five years in jail.

This is also the state that a few years back authorized police raids on barber shops in minority communities, resulting in barbers being handcuffed in front of customers, and their shops searched without warrants. All of this was purportedly done in an effort to make sure that the barbers’ licensing paperwork was up to snuff.

As if criminalizing fishing, charity, parenting decisions, and haircuts wasn’t bad enough, you could also find yourself passing time in a Florida slammer for such inane activities as singing in a public place while wearing a swimsuit, breaking more than three dishes per day, farting in a public place after 6 pm on a Thursday, and skateboarding without a license.

Despite its pristine beaches and balmy temperatures, Florida is no less immune to the problems plaguing the rest of the nation in terms of overcriminalization, incarceration rates, bureaucracy, corruption, and police misconduct. In fact, the Sunshine State has become a poster child for how a seemingly idyllic place can be transformed into a police state with very little effort. As such, it is representative of what is happening in every state across the nation, where a steady diet of bread and circuses has given rise to an oblivious, inactive citizenry content to be ruled over by an inflexible and highly bureaucratic regime.

This transformation of the United States from being a beacon of freedom to a locked down nation illustrates perfectly what songwriter Joni Mitchell was referring to when she wrote:

Don’t it always seem to go

That you don’t know what you’ve got ‘til it’s gone.

They paved paradise and put up a parking lot.

Only in our case, sold on the idea that safety, security and material comforts are preferable to freedom, we’ve allowed the government to pave over the Constitution in order to erect a concentration camp. The problem with these devil’s bargains, however, is that there is always a catch, always a price to pay for whatever it is we valued so highly as to barter away our most precious possessions.

We’ve bartered away our right to self-governance, self-defense, privacy, autonomy and that most important right of all—the right to tell the government to “leave me the hell alone.” In exchange for the promise of safe streets, safe schools, blight-free neighborhoods, lower taxes, lower crime rates, and readily accessible technology, health care, water, food and power, we’ve opened the door to militarized police, government surveillance, asset forfeiture, school zero tolerance policies, license plate readers, red light cameras, SWAT team raids, health care mandates, overcriminalization and government corruption.

In the end, such bargains always turn sour.

We asked our lawmakers to be tough on crime, and we’ve been saddled with an abundance of laws that criminalize almost every aspect of our lives. So far, we’re up to 4500 criminal laws and 300,000 criminal regulations that result in average Americans unknowingly engaging in criminal acts at least three times a day. For instance, the family of an 11-year-old girl was issued a $535 fine for violating the Federal Migratory Bird Act after the young girl rescued a baby woodpecker from predatory cats.

We wanted criminals taken off the streets, and we didn’t want to have to pay for their incarceration. What we’ve gotten is a nation that boasts the highest incarceration rate in the world, with more than 2.3 million people locked up, many of them doing time for relatively minor, nonviolent crimes, and a private prison industry fueling the drive for more inmates, who are forced to provide corporations with cheap labor. A special report by CNBC breaks down the national numbers:

One out of 100 American adults is behind bars — while a stunning one out of 32 is on probation, parole or in prison. This reliance on mass incarceration has created a thriving prison economy. The states and the federal government spend about $74 billion a year on corrections, and nearly 800,000 people work in the industry.

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

Justice Department figures indicate that as much as $4.3 billion was seized in asset forfeiture cases in 2012, with the profits split between federal agencies and local police. According to the Washington Post, these funds have been used to buy guns, armored cars, electronic surveillance gear, “luxury vehicles, travel and a clown named Sparkles.” Police seminars advise officers to use their “department wish list when deciding which assets to seize” and, in particular, go after flat screen TVs, cash and nice cars. In Florida, where police are no strangers to asset forfeiture, Florida police have been carrying out “reverse” sting operations, where they pose as drug dealers to lure buyers with promises of cheap cocaine, then bust them, and seize their cash and cars. Over the course of a year, police in one small Florida town seized close to $6 million using these entrapment schemes.

We fell for the government’s promise of safer roads, only to find ourselves caught in a tangle of profit-driven red light cameras, which ticket unsuspecting drivers in the so-called name of road safety while ostensibly fattening the coffers of local and state governments. Despite widespread public opposition, corruption and systemic malfunctions, these cameras—used in 24 states and Washington, DC—are particularly popular with municipalities, which look to them as an easy means of extra cash. One small Florida town, population 8,000, generates a million dollars a year in fines from these cameras. Building on the profit-incentive schemes, the cameras’ manufacturers are also pushing speed cameras and school bus cameras, both of which result in heft fines for violators who speed or try to go around school buses.

This is just a small sampling of the many ways in which the American people continue to get duped, deceived, double-crossed, cheated, lied to, swindled and conned into believing that the government and its army of bureaucrats—the people we appointed to safeguard our freedoms—actually have our best interests at heart.

Yet when all is said and done, who is really to blame when the wool gets pulled over your eyes: you, for believing the con man, or the con man for being true to his nature?

It’s time for a bracing dose of reality, America. Wake up and take a good, hard look around you, and ask yourself if the gussied-up version of America being sold to you—crime free, worry free and devoid of responsibility—is really worth the ticket price: nothing less than your freedoms.

John W. Whitehead, Constitutional Attorney

Whitehead’s NEW Book: Battlefield America

A Government of Wolves

John W. Whitehead

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