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Free Speech, Facebook and the NSA: The Good, the Bad and the Ugly

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This commentary is also available at www.rutherford.org.

By John W. Whitehead
June 2, 2015
“A person under surveillance is no longer free; a society under surveillance is no longer a democracy.”—Writers Against Mass Surveillance

THE GOOD NEWS: Americans have a right to freely express themselves on the Internet, including

ABOUT JOHN WHITEHEAD  Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at www.amazon.com. He can be contacted at johnw@rutherford.org.

ABOUT JOHN WHITEHEAD
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at http://www.amazon.com. He can be contacted at johnw@rutherford.org.

making threatening—even violent—statements on Facebook, provided that they don’t intend to actually inflict harm.

The Supreme Court’s ruling in Elonis v. United States threw out the conviction of a Pennsylvania man who was charged with making unlawful threats (it was never proven that he intended to threaten anyone) and sentenced to 44 months in jail after he posted allusions to popular rap lyrics and comedy routines on his Facebook page. It’s a ruling that has First Amendment implications for where the government can draw the line when it comes to provocative and controversial speech that is protected and permissible versus speech that could be interpreted as connoting a criminal intent.

That same day, Section 215 of the USA Patriot Act, the legal justification allowing the National Security Agency (NSA) to carry out warrantless surveillance on Americans, officially expired. Over the course of nearly a decade, if not more, the NSA had covertly spied on millions of Americans, many of whom were guilty of nothing more than using a telephone, and stored their records in government databases. For those who have been fighting the uphill battle against the NSA’s domestic spying program, it was a small but symbolic victory.

THE BAD NEWS: Congress’ legislative “fix,” intended to mollify critics of the NSA, will ensure that the agency is not in any way hindered in its ability to keep spying on Americans’ communications.

The USA FREEDOM Act could do more damage than good by creating a false impression that Congress has taken steps to prevent the government from spying on the telephone calls of citizens, while in fact ensuring the NSA’s ability to continue invading the privacy and security of Americans.

For instance, the USA FREEDOM Act not only reauthorizes Section 215 of the Patriot Act for a period of time, but it also delegates to telecommunications companies the responsibility of carrying out phone surveillance on American citizens.

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Congressional Criminals Selling Off Apache Holy Land to a foreign corporation…

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NYT OP-ED

Lydia Millet is the author, most recently, of the novel “Mermaids in Paradise,” and a contributing opinion writer.

Tucson

ABOUT an hour east of Phoenix, near a mining town called Superior, men, women and children of the San Carlos Apache tribe have been camped out at a place called Oak Flat for more than three months, protesting the latest assault on their culture.

Three hundred people, mostly Apache, marched 44 miles from tribal headquarters to begin this occupation on Feb. 9. The campground lies at the core of an ancient Apache holy place, where coming-of-age ceremonies, especially for girls, have been performed for many generations, along with traditional acorn gathering. It belongs to the public, under the multiple-use mandate of the Forest Service, and has had special protections since 1955, when President Dwight D. Eisenhower decreed the area closed to mining — which, like cattle grazing, is otherwise common in national forests — because of its cultural and natural value. President Richard M. Nixon’s Interior Department in 1971 renewed this ban.

Despite these protections, in December 2014, Congress promised to hand the title for Oak Flat over to a private, Australian-British mining concern. A fine-print rider trading away the Indian holy land was added at the last minute to the must-pass military spending bill, the National Defense Authorization Act. By doing this, Congress has handed over a sacred Native American site to a foreign-owned company for what may be the first time in our nation’s history.

The Apache are occupying Oak Flat to protest this action — to them, a sacrilegious and craven sell-off of a place “where Apaches go to pray,” in the words of the San Carlos Apache tribal chairman, Terry Rambler. The site will doubtless be destroyed for any purpose other than mining; Resolution Copper Mining will hollow out a vast chamber that, when it caves in, will leave a two-mile-wide, 1,000-foot-deep pit. The company itself has likened the result of its planned mining at Oak Flat to that of a nearby meteor crater.

The land grab was sneakily anti-democratic even by congressional standards. For more than a decade, the parcel containing Oak Flat has been coveted by Rio Tinto, Resolution’s parent company — which already mines on its own private land in the surrounding area — for the high-value ores beneath it.

The swap — which will trade 5,300 acres of private parcels owned by the company to the Forest Service and give 2,400 acres including Oak Flat to Resolution so that it can mine the land without oversight — had been attempted multiple times by Arizona members of Congress on behalf of the company. (Among those involved was Rick Renzi, a former Republican representative who was sent to federal prison in February for three years for corruption related to earlier versions of the land-transfer deal.) It always failed in Congress because of lack of support. But this time was different. This time, the giveaway language was slipped onto the defense bill by Senators John McCain and Jeff Flake of Arizona at the 11th hour. The tactic was successful only because, like most last-minute riders, it bypassed public scrutiny.

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Vermont Teen Forcibly Drugged and Incarcerated By DCF Wants to Come Home for 18th Birthday –

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MEDICAL KIDNAP

by Health Impact News and MedicalKidnap.com staff

A judge has ruled that Vermont teen Elissa Maple be returned home on her 18th birthday, which is July 1, but DCF is fighting the ruling, even allegedly attempting bribery of the teenager to get her to voluntarily sign over her rights on her birthday. If she does so, they can keep her in the system for an additional 3 years. Elissa has spent the last year and a half being held against her will in a Massachusetts mental health facility, and has been forced to consume a cocktail of unwanted drugs.

Read the original story here:

Vermont Teen Drugged Against Her Will, Held in Custody in Massachusetts Mental Health Facility