Posts Tagged ‘protest’

“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.” — President Harry S. Truman

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

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

This is the language of force.

This is how the government at all levels—federal, state and local—now responds to those who speak out against government corruption, misconduct and abuse.

These overreaching, heavy-handed lessons in how to rule by force have become standard operating procedure for a government that communicates with its citizenry primarily through the language of brutality, intimidation and fear.

We didn’t know it then, but what happened five years ago in Charlottesville, Va., was a foretaste of what was to come.

At the time, Charlottesville was at the center of a growing struggle over how to reconcile the right to think and speak freely, especially about controversial ideas, with the push to sanitize the environment of anything—words and images—that might cause offense. That fear of offense prompted the Charlottesville City Council to get rid of a statue of Confederate General Robert E. Lee that had graced one of its public parks for 82 years.

In attempting to err on the side of political correctness by placating one group while muzzling critics of the city’s actions, Charlottesville attracted the unwanted attention of the Ku Klux Klan, neo-Nazis and the alt-Right, all of whom descended on the little college town with the intention of exercising their First Amendment right to be disagreeable, to assemble, and to protest.

That’s when everything went haywire.

When put to the test, Charlottesville did not handle things well at all.

On August 12, 2017, government officials took what should have been a legitimate exercise in constitutional principles (free speech, assembly and protest) and turned it into a lesson in authoritarianism by manipulating warring factions and engineering events in such a way as to foment unrest, lockdown the city, and justify further power grabs.

On the day of scheduled protests, police deliberately engineered a situation in which two opposing camps of protesters would confront each other, tensions would bubble over, and things would turn just violent enough to justify allowing the government to shut everything down.

Despite the fact that 1,000 first responders (including 300 state police troopers and members of the National Guard)—many of whom had been preparing for the downtown rally for months—had been called on to work the event, and police in riot gear surrounded Emancipation Park on three sides, police failed to do their jobs.

In fact, as the Washington Post reports, police “seemed to watch as groups beat each other with sticks and bludgeoned one another with shields… At one point, police appeared to retreat and then watch the beatings before eventually moving in to end the free-for-all, make arrests and tend to the injured.”

Police Stood By As Mayhem Mounted in Charlottesville,” reported ProPublica.

Incredibly, when the first signs of open violence broke out, the police chief allegedly instructed his staff to “let them fight, it will make it easier to declare an unlawful assembly.”

In this way, police who were supposed to uphold the law and prevent violence failed to do either.

Indeed, a 220-page post-mortem of the protests and the Charlottesville government’s response by former U.S. attorney Timothy J. Heaphy concluded that “the City of Charlottesville protected neither free expression nor public safety.”

In other words, the government failed to uphold its constitutional mandates.

The police failed to carry out their duties as peace officers.

And the citizens found themselves unable to trust either the police or the government to do its job in respecting their rights and ensuring their safety.

This is not much different from what is happening on the present-day national scene.

Indeed, there’s a pattern emerging if you pay close enough attention.

Civil discontent leads to civil unrest, which leads to protests and counterprotests. Tensions rise, violence escalates, police stand down, and federal armies move in. Meanwhile, despite the protests and the outrage, the government’s abuses continue unabated.

It’s all part of an elaborate setup by the architects of the police state. The government wants a reason to crack down and lock down and bring in its biggest guns.

They want us divided. They want us to turn on one another.

They want us powerless in the face of their artillery and armed forces.

They want us silent, servile and compliant.

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

And they definitely do not want us to engage in First Amendment activities that challenge the government’s power, reveal the government’s corruption, expose the government’s lies, and encourage the citizenry to push back against the government’s many injustices.

Why else do you think Wikileaks founder Julian Assange continues to molder in jail for daring to blow the whistle about the U.S. government’s war crimes, while government officials who rape, plunder and kill walk away with little more than a slap on the wrist?

This is how it begins.

We are moving fast down that slippery slope to an authoritarian society in which the only opinions, ideas and speech expressed are the ones permitted by the government and its corporate cohorts.

In the wake of the Jan. 6 riots at the Capitol, “domestic terrorism” has become the new poster child for expanding the government’s powers at the expense of civil liberties.

Of course, “domestic terrorist” is just the latest bull’s eye phrase, to be used interchangeably with “anti-government,” “extremist” and “terrorist,” to describe anyone who might fall somewhere on a very broad spectrum of viewpoints that could be considered “dangerous.”

This unilateral power to muzzle free speech represents a far greater danger than any so-called right- or left-wing extremist might pose. The ramifications are so far-reaching as to render almost every American an extremist in word, deed, thought or by association.

Watch and see: we are all about to become enemies of the state.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, anytime you have a government that operates in the shadows, speaks in a language of force, and rules by fiat, you’d better beware.

So what’s the answer?

For starters, we need to remember that we’ve all got rights, and we need to exercise them.

Most of all, we need to protect the rights of the people to speak truth to power, whatever that truth might be. Either “we the people” believe in free speech or we don’t.

Fifty years ago, Supreme Court Justice William O. Douglas asked:

“Since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us? The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents. We who have the final word can speak softly or angrily. We can seek to challenge and annoy, as we need not stay docile and quiet… [A]t the constitutional level, speech need not be a sedative; it can be disruptive… [A] function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.”

In other words, the Constitution does not require Americans to be servile or even civil to government officials. Neither does the Constitution require obedience (although it does insist on nonviolence).

Somehow, the government keeps overlooking this important element in the equation.

Source: https://bit.ly/3QvFmp1

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

BERKELEY, CA – SEPTEMBER 24: Protesters hold signs during a free speech rally with right wing commentator Milo Yiannopoulos at U.C. Berkeley on September 24, 2017 in Berkeley, California. Hundreds of protesters came out to support and demonstrate against Milo Yiannopoulos as he held a free speech rally at U.C. Berkeley. (Photo by Justin Sullivan/Getty Images)

“If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter.”— George Washington

It’s a given that the government is corrupt, unaccountable, and has exceeded its authority.

So what can we do about it?

The first remedy involves speech (protest, assembly, speech, prayer, and publicity), and lots of it, in order to speak truth to power.

The First Amendment, which is the cornerstone of the Bill of Rights, affirms the right of “we the people” to pray freely about our grievances regarding the government. We can gather together peacefully to protest those grievances. We can publicize those grievances. And we can express our displeasure (peacefully) in word and deed.

Unfortunately, tyrants don’t like people who speak truth to power.

The American Police State has shown itself to be particularly intolerant of free speech activities that challenge its authority, stand up to its power grabs, and force it to operate according to the rules of the Constitution.

Cue the rise of protest laws, the police state’s go-to methods for muzzling discontent.

These protest laws, some of which appear to encourage violence against peaceful protesters by providing immunity to individuals who drive their car into protesters impeding traffic and use preemptive deadly force against protesters who might be involved in a riot, take intolerance for speech with which one might disagree to a whole new level.

Ever since the Capitol protests on Jan. 6, 2021, state legislatures have introduced a broad array of these laws aimed at criminalizing protest activities. Yet while the growing numbers of protest laws cropping up across the country are being marketed as necessary to protect private property, public roads or national security, they are a wolf in sheep’s clothing, a thinly disguised plot to discourage anyone from challenging government authority at the expense of our First Amendment rights.

It doesn’t matter what the source of that discontent might be (police brutality, election outcomes, COVID-19 mandates, the environment, etc.): protest laws, free speech zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws, etc., aim to muzzle every last one of us.

However, as Human Rights Watch points out, these assaults on free speech are nothing new. “Various states have long-tried to curtail the right to protest. They do so by legislating wide definitions of what constitutes an ‘unlawful assembly’ or a ‘riot’ as well as increasing punishments. They also allow police to use catch-all public offenses, such as trespassing, obstructing traffic, or disrupting the peace, as a pretext for ordering dispersals, using force, and making arrests. Finally, they make it easier for corporations and others to bring lawsuits against protest organizers.

Make no mistake: while many of these laws claim to be in the interest of “public safety and limiting economic damage,” these legislative attempts to redefine and criminalize speech are a backdoor attempt to rewrite the Constitution and render the First Amendment’s robust safeguards null and void.

For instance, there are at least 205 proposed laws being considered in 45 states that would curtail the right to peacefully assemble and protest by expanding the definition of rioting, heightening penalties for existing offenses, or creating new crimes associated with assembly.

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

In Alabama, lawmakers are pushing to allow individuals to use deadly force near a riot. Kentucky, Missouri and New Hampshire are also considering similar stand your ground laws to justify the use of lethal force in relation to riots.

In Arizona, legislators want to classify protests involving seven or more people as felonies punishable by up to two years in jail. Under such a law, traditional, nonviolent forms of civil disobedience—sit-ins, boycotts and marches—would be illegal.

In Arkansas, peaceful protesters who engage in civil disobedience by occupying any government property after being told to leave could face six months in jail and a $1000 fine.

In Minnesota, where activists continue to protest the death of George Floyd, who was killed after police knelt on his neck for eight minutes, individuals who are found guilty of any kind of offense in connection with a peaceful protest could be denied a range of benefits, including food assistance, education loans and grants, and unemployment assistance.

Oregon lawmakers wanted to “require public community colleges and universities to expel any student convicted of participating in a violent riot.” In Illinois, students who twice infringe the rights of others to engage in expressive activities could be suspended for at least a year.

Proposed laws in at least 25 states, including Oklahoma, Mississippi, and Florida, would give drivers the green light to “accidentally” run over protesters who are preventing them from fleeing a riot. Washington wants to levy steeper penalties against protesters who “swarm” a vehicle, punishing them for a repeat offense with up to 40 years in prison and a $100,000 fine.

Responding to protests over the Keystone Pipeline, South Dakota enabled its governor and sheriffs to prohibit gatherings of 20 or more people on public land if the gathering might damage the land. At least 15 other states have also adopted or are considering legislation that would levy harsher penalties for environmental protests near oil and gas pipelines.

In Iowa, all it takes is for one person in a group of three of more people to use force or cause property damage, and the whole group can be punished with up to 5 years in prison and a $7,500 fine.

Obstruct access to critical infrastructure in Mississippi and you could be facing a $10,000 fine and a seven-year prison sentence.

North Carolina law would have made it a crime to heckle state officials. Under this law, shouting at a former governor would constitute a crime.

In Connecticut, you could be sentenced to five years behind bars and a $5,000 fine for disrupting the state legislature by making noise or using disturbing language.

Indiana lawmakers wanted to authorize police to use “any means necessary” to breakup mass gatherings that block traffic. Lawmakers have since focused their efforts on expanding the definition of a “riot” and punishing anyone who wears a mask to a peaceful protest, even a medical mask, with 2.5 years in prison and a $10,000 fine.

Georgia wants to ban all spontaneous, First Amendment-protected assemblies and deny anyone convicted of violating the ban from receiving state or local employment benefits.

Virginia wants to subject protesters who engage in an “unlawful assembly” after “having been lawfully warned to disperse” with up to a year of jail time and a fine of up to $2,500.

Missouri made it illegal for public employees to take part in strikes and picketing, only to have the law ruled unconstitutional in its entirety.

Oklahoma created a sliding scale for protesters whose actions impact or impede critical infrastructure (including a telephone pole). The penalties range from $1,000 and six months in a county jail to $100,000 and up to 10 years in prison. And if you’re part of an organization, that fine goes as high as $1,000,000.

Talk about intimidation tactics.

Ask yourself: if there are already laws on the books in all of the states that address criminal or illegal behavior such as blocking public roadways, trespassing on private property or vandalizing property—because such laws are already on the books—then why does the government need to pass laws criminalizing activities that are already outlawed?

What’s really going on here?

No matter what the politicians might say, the government doesn’t care about our rights, our welfare or our safety.

Every despotic measure used to control us and make us cower and comply with the government’s dictates has been packaged as being for our benefit, while in truth benefiting only those who stand to profit, financially or otherwise, from the government’s transformation of the citizenry into a criminal class.

In this way, the government conspires to corrode our core freedoms purportedly for our own good but really for its own benefit.

Remember, the USA Patriot Act didn’t make us safer. It simply turned American citizens into suspects and, in the process, gave rise to an entire industry—private and governmental—whose profit depends on its ability to undermine our Fourth Amendment rights.

In much the same way that the Patriot Act was used as a front to advance the surveillance state, allowing the government to establish a far-reaching domestic spying program that turned every American citizen into a criminal suspect, the government’s anti-extremism program criminalizes otherwise lawful, nonviolent activities such as peaceful protesting.

Clearly, freedom no longer means what it once did.

This holds true whether you’re talking about the right to criticize the government in word or deed, the right to be free from government surveillance, the right to not have your person or your property subjected to warrantless searches by government agents, the right to due process, the right to be safe from soldiers invading your home, the right to be innocent until proven guilty and every other right that once reinforced the founders’ belief that this would be “a government of the people, by the people and for the people.”

Not only do we no longer have dominion over our bodies, our families, our property and our lives, but the government continues to chip away at what few rights we still have to speak freely and think for ourselves.

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

In other words, if we no longer have the right to voice concerns about COVID-19 mandates, if we no longer have the right to tell a Census Worker to get off our property, if we no longer have the right to tell a police officer to get a search warrant before they dare to walk through our door, if we no longer have the right to stand in front of the Supreme Court wearing a protest sign or approach an elected representative to share our views, if we no longer have the right to protest unjust laws or government policies by voicing our opinions in public or on social media or before a legislative body—no matter how politically incorrect or socially unacceptable those views might be—then we do not have free speech.

What we have instead is regulated, controlled speech, and that’s what those who founded America called tyranny.

On paper, we may be technically free.

In reality, however, we are only as free as a government official may allow.

As the great George Carlin rightly observed: “Rights aren’t rights if someone can take them away. They’re privileges. That’s all we’ve ever had in this country, is a bill of temporary privileges. And if you read the news even badly, you know that every year the list gets shorter and shorter. Sooner or later, the people in this country are gonna realize the government … doesn’t care about you, or your children, or your rights, or your welfare or your safety… It’s interested in its own power. That’s the only thing. Keeping it and expanding it wherever possible.”

In other words, we only think we live in a constitutional republic, governed by just laws created for our benefit.

As I make clear in my book Battlefield America: The War on the American People, we live in a dictatorship disguised as a democracy where all that we own, all that we earn, all that we say and do—our very lives—depends on the benevolence of government agents and corporate shareholders for whom profit and power will always trump principle. And now the government is litigating and legislating its way into a new framework where the dictates of petty bureaucrats carry greater weight than the inalienable rights of the citizenry.

Remember: if the government can control speech, it can control thought and, in turn, it can control the minds of the citizenry.

Source: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/the_governments_war_on_free_speech_protest_laws_undermine_the_first_amendment

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

RICHMOND, Va. — A federal court has rejected an attempt by a Virginia police officer to dismiss a lawsuit filed by The Rutherford Institute on behalf of a man who was arrested as he was engaged in a First Amendment protest against President Obama while lawfully carrying a rifle.

The order entered in Brandon Howard v. John Hunter, allows the lawsuit to move forward.

Rutherford Institute attorneys assert that the police violated Howard’s First Amendment right to free speech, Second Amendment right to bear arms, and Fourth Amendment right to be free from a groundless arrest when they confronted him with guns drawn and ordered him to the ground on the unfounded belief that Howard was violating the law by being in public with a rifle slung over his shoulder, when in fact his possession and display of the rifle was wholly legal and did not make him subject to an arrest.  Soon after the incident, the City of Hopewell Police Department  admitted in writing that the incident involved a violation of department policy.

Click here to read The Rutherford Institute’s reply brief in Brandon Howard v. John Hunter .

“As this case shows, if you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re under arrest from the moment a cop stops you,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Certainly, if you’ve been placed in handcuffs and transported to a police station against your will, that constitutes an arrest.”

On Monday, Aug. 26, 2013, Brandon Howard arrived at an overpass above Interstate 295 in the City of Hopewell, Va., and displayed a 6 foot by 4 foot sign that read “Impeach Obama.” Howard was carrying a DMTS Panther Arms AR-15 rifle slung over his shoulder on a strap, and a .380 caliber Bersa Thunder sidearm pistol in a belted holster on his waist. Howard lawfully owned each firearm and did not point or brandish them at any time while engaged in his First Amendment protest activity on the overpass. Howard displayed his protest sign for 30 minutes, but Howard did not directly engage with anyone.

At about 5:30 p.m., a police officer pulled up to the area, remained in his car and observed Howard. Thereafter, three to five additional police cruisers arrived at the scene with emergency lights engaged.  Approximately eight officers exited these vehicles with their guns drawn and ordered Howard to drop his sign and get on the ground with his hands spread above his head. Howard complied with the officers’ orders.

Despite the fact that Howard at no time made any threatening action toward the officers or anyone else, one police officer allegedly asked Howard, “What do you think you are doing threatening people on my interstate?” Howard explained that he had not threatened anyone but was simply exercising his First and Second amendment rights. Howard was then handcuffed and transported to the police station, where he was left, handcuffed, in an interrogation room for 90 minutes, after which time he had his firearms returned and was released. A month later, the Deputy Chief of Police acknowledged in writing that an internal investigation had concluded that one of the officers violated department policy and would be disciplined and sent to remedial training. Attorney Raul Novo of Richmond, Va., is assisting The Rutherford Institute with the lawsuit.

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