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U.S. Supreme Court: Police Cannot Carry Out Warrantless Home Invasions To Seize Guns Under ‘Caretaking’ Duties

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For Immediate Release: May 17, 2021

WASHINGTON, D.C. — A unanimous U.S. Supreme Court has ruled that police cannot carry out warrantless home invasions in order to seize guns under the pretext of their “community caretaking” duties.

Ruling that police must have a warrant or evidence of an actual emergency before invading a home without the owner’s consent, the Supreme Court has rejected attempts by police to expand their search and seizure authority under the “community caretaking” exception to the Fourth Amendment. The decision in Caniglia v. Strom dovetails with The Rutherford Institute’s arguments that allowing police limitless discretion to enter homes flies in the face of the Fourth Amendment’s prohibition on unreasonable searches and seizures.

“This was yet another blatant attempt by law enforcement to create gaping holes in the Fourth Amendment force field that is supposed to protect homeowners and their homes against warrantless invasions by the government,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Thankfully, the Supreme Court recognized that ‘we the people’ do not need another slippery slope argument allowing government officials to violate the Fourth Amendment at will under the pretext of public health and safety.” More

Coronavirus vs. the Mass Surveillance State: Which Poses the Greater Threat?

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John Whitehead’s Commentary

Coronavirus vs. the Mass Surveillance State: Which Poses the Greater Threat?

John Whitehead

“If, as it seems, we are in the process of becoming a totalitarian society in which the state apparatus is all-powerful, the ethics most important for the survival of the true, free, human individual would be: cheat, lie, evade, fake it, be elsewhere, forge documents, build improved electronic gadgets in your garage that’ll outwit the gadgets used by the authorities.”—Philip K. Dick

Emboldened by the citizenry’s inattention and willingness to tolerate its abuses, the government has weaponized one national crisis after another in order to expands its powers.

The war on terror, the war on drugs, the war on illegal immigration, asset forfeiture schemes, road safety schemes, school safety schemes, eminent domain: all of these programs started out as legitimate responses to pressing concerns and have since become weapons of compliance and control in the police state’s hands.

It doesn’t even matter what the nature of the crisis might be—civil unrest, the national emergencies, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters”—as long as it allows the government to justify all manner of government tyranny in the so-called name of national security.

Now we find ourselves on the brink of a possible coronavirus contagion.

I’ll leave the media and the medical community to speculate about the impact the coronavirus will have on the nation’s health, but how will the government’s War on the Coronavirus impact our freedoms?

For a hint of what’s in store, you can look to China—our role model for all things dystopian—where the contagion started.

In an attempt to fight the epidemic, the government has given its surveillance state apparatus—which boasts the most expansive and sophisticated surveillance system in the world—free rein. Thermal scanners using artificial intelligence (AI) have been installed at train stations in major cities to assess body temperatures and identify anyone with a fever. Facial recognition cameras and cell phone carriers track people’s movements constantly, reporting in real time to data centers that can be accessed by government agents and employers alike. And coded color alerts (red, yellow and green) sort people into health categories that correspond to the amount of freedom of movement they’re allowed: “Green code, travel freely. Red or yellow, report immediately.”

Mind you, prior to the coronavirus outbreak, the Chinese surveillance state had already been hard at work tracking its citizens through the use of some 200 million security cameras installed nationwide. Equipped with facial recognition technology, the cameras allow authorities to track so-called criminal acts, such as jaywalking, which factor into a person’s social credit score.

Social media credit scores assigned to Chinese individuals and businesses categorize them on whether or not they are “good” citizens. A real-name system—which requires people to use government-issued ID cards to buy mobile sims, obtain social media accounts, take a train, board a plane, or even buy groceries—coupled with social media credit scores ensures that those blacklisted as “unworthy” are banned from accessing financial markets, buying real estate or travelling by air or train. Among the activities that can get you labeled unworthy are taking reserved seats on trains or causing trouble in hospitals.

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A New Kind of Tyranny: The Global State’s War on Those Who Speak Truth to Power

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By John W. Whitehead
November 5, 2019

“What happens to Julian Assange and to Chelsea Manning is meant to intimidate us, to frighten us into silence. By defending Julian Assange, we defend our most sacred rights. Speak up now or wake up one morning to the silence of a new kind of tyranny. The choice is ours.”—John Pilger, investigative journalist

All of us are in danger.

In an age of prosecutions for thought crimes, pre-crime deterrence programs, and government agencies that operate like organized crime syndicates, there is a new kind of tyranny being imposed on those who dare to expose the crimes of the Deep State, whose reach has gone global.

The Deep State has embarked on a ruthless, take-no-prisoners, all-out assault on truth-tellers.

Activists, journalists and whistleblowers alike are being terrorized, traumatized, tortured and subjected to the fear-inducing, mind-altering, soul-destroying, smash-your-face-in tactics employed by the superpowers-that-be.

Take Julian Assange, for example.

Assange, the founder of WikiLeaks—a website that published secret information, news leaks, and classified media from anonymous sources—was arrested on April 11, 2019, on charges of helping U.S. Army intelligence analyst Chelsea Manning access and leak more than 700,000 classified military documents that portray the U.S. government and its military as reckless, irresponsible and responsible for thousands of civilian deaths.

Included among the leaked Manning material were the Collateral Murder video (April 2010), the Afghanistan war logs (July 2010), the Iraq war logs (October 2010), a quarter of a million diplomatic cables (November 2010), and the Guantánamo files (April 2011). More

American Apocalypse: The Government’s Plot to Destabilize the Nation Is Working

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The Rutherford Institute

By John W. Whitehead
August 21, 2019

“The most dangerous man to any government is the man who is able to think things out … without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” — H. L. MenckenThe U.S. government is working hard to destabilize the nation.

No, this is not another conspiracy theory.

Although it is certainly not far-fetched to suggest that the government might be engaged in nefarious activities that run counter to the best interests of the American people, doing so will likely brand me a domestic terrorist under the FBI’s new classification system.

Observe for yourself what is happening right before our eyes.

Domestic terrorism fueled by government entrapment schemes. Civil unrest stoked to dangerous levels by polarizing political rhetoric. A growing intolerance for dissent that challenges the government’s power grabs. Police brutality tacitly encouraged by the executive branch, conveniently overlooked by the legislatures, and granted qualified immunity by the courts. A weakening economy exacerbated by government schemes that favor none but a select few. An overt embrace of domestic surveillance tactics if Congress goes along with the Trump Administration’s request to permanently re-authorize the NSA’s de-activated call records program. Heightened foreign tensions and blowback due to the military industrial complex’s profit-driven quest to police and occupy the globe.

The seeds of chaos are being sown, and it’s the U.S. government that will reap the harvest.

Mark my words, there’s trouble brewing.

Better yet, take a look at “Megacities: Urban Future, the Emerging Complexity,” a Pentagon training video created by the Army for U.S. Special Operations Command.

The training video is only five minutes long, but it says a lot about the government’s mindset, the way its views the citizenry, and the so-called “problems” that the government must be prepared to address in the near future through the use of martial law.

Even more troubling, however, is what this military video doesn’t say about the Constitution, about the rights of the citizenry, and about the dangers of locking down the nation and using the military to address political and social problems.

The training video anticipates that all hell will break loose by 2030—that’s barely ten short years away—but the future is here ahead of schedule.

READ MORE HERE

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Who Inflicts the Most Gun Violence in America? The U.S. Government and Its Police Forces

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 The Rutherford Institute

By John W. Whitehead
August 12, 2019

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“It is often the case that police shootings, incidents where law enforcement officers pull the trigger on civilians, are left out of the conversation on gun violence. But a police officer shooting a civilian counts as gun violence.

Every time an officer uses a gun against an innocent or an unarmed person contributes to the culture of gun violence in this country.”—Journalist Celisa Calacal

Yes, gun violence is a problem in America, although violent crime generally remains at an all-time low.

Yes, mass shootings are a problem in America, although while they are getting deadlier, they are not getting more frequent.

Yes, mentally ill individuals embarking on mass shooting sprees are a problem in America.

However, tighter gun control laws and so-called “intelligent” background checks fail to protect the public from the most egregious perpetrator of gun violence in America: the U.S. government.

Consider that five years after police shot and killed an unarmed 18-year-old man in Ferguson, Missouri, there has been no relief from the government’s gun violence.

Here’s what we’ve learned about the government’s gun violence since Ferguson, according to The Washington Post: If you’re a black American, you’ve got a greater chance of being shot by police. If you’re an unarmed black man, you’re four times more likely to be killed by police than an unarmed white man. Most people killed by police are young men. Since 2015, police have shot and killed an average of 3 people per day. More than 2,500 police departments have shot and killed at least one person since 2015. And while the vast majority of people shot and killed by police are armed, their weapons ranged from guns to knives to toy guns.  READ MORE HERE:

Monsters with Human Faces: The Tyranny of the Police State Disguised as Law-and-Order

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By John W. Whitehead
July 24, 2019

“But these weren’t the kind of monsters that had tentacles and rotting skin, the kind a seven-year-old might be able to wrap his mind around—they were monsters with human faces, in crisp uniforms, marching in lockstep, so banal you don’t recognize them for what they are until it’s too late.” ― Ransom Riggs, Miss Peregrine’s Home for Peculiar Children Enough already.

Enough with the distractions. Enough with the partisan jousting.

Enough with the sniping and name-calling and mud-slinging that do nothing to make this country safer or freer or more just.

We have let the government’s evil-doing, its abuses, power grabs, brutality, meanness, inhumanity, immorality, greed, corruption, debauchery and tyranny go on for too long.

We are approaching a reckoning.

This is the point, as the poet W. B. Yeats warned, when things fall apart and anarchy is loosed upon the world.

We have seen this convergence before in Hitler’s Germany, in Stalin’s Russia, in Mussolini’s Italy, and in Mao’s China: the rise of strongmen and demagogues, the ascendency of  over deep-seated principles, the warring nationalism that seeks to divide and conquer, the callous disregard for basic human rights and dignity, and the silence of people who should know better.

Yet no matter how many times the world has been down this road before, we can’t seem to avoid repeating the deadly mistakes of the past. This is not just playing out on a national and international scale. It is wreaking havoc at the most immediate level, as well, creating rifts and polarities within families and friends, neighborhoods and communities that keep the populace warring among themselves and incapable of presenting a united front in the face of the government’s goose-stepping despotism.

We are definitely in desperate need of a populace that can stand united against the government’s authoritarian tendencies.

Surely we can manage to find some common ground in the midst of the destructive, disrupting, diverting, discordant babble being beamed down at us by the powers-that-be? After all, there are certain self-evident truths—about the source of our freedoms, about the purpose of government, about how we expect to be treated by those we appoint to serve us in government offices, about what to do when the government abuses our rights and our trust, etc.—that we should be able to agree on, no matter how we might differ politically.  READ MORE HERE

Freedom Watch: The Rutherford Institute

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Freedom Watch • A Year in Prison for Criticizing Police; Police Kill Unarmed Naked Teen; Flashing Headlights To Warn Drivers MIGHT Be Protected Speech

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The Rutherford Institute

Your tax-deductible donations support The Rutherford Institute’s ongoing efforts to make the government play by the rules of the Constitution.

MAY 11, 2019

WHITEHEAD: ON THE ISSUES

D Is for a Dictatorship Disguised as a Democracy

Predator Cops, Guilty of Sex Crimes Against Women and Children, Are a Menace to Society

The Essence of Evil: Sex with Children Has Become Big Business in America

RUTHERFORD: ON THE FRONT LINES

Man Faces a Year in Prison for Criticizing Police

Gov’t Officials Arrest Disabled Veteran for Buying Canned Iced Tea, Bug Spray

Napping Not Allowed: Ban on Sleeping in Cars Could Allow Police to Seize Car Occupants, Vehicles and Carry Out Warrantless Searches

SUPPORT THE FIGHT FOR FREEDOM: DONATE TODAY

IN THE COURTS

The Supreme Court’s Majority Defends the Death Penalty

Wisconsin Supreme Court Upholds Gun Questions During Traffic Stops

Federal Judge Sides With Federal Government, Rules Mass Surveillance Can Remain Secret

Massachusetts Judge Says ATF Can Apply A Suspect’s Fingerprints To Unlock An IPhone

Federal Judge Says Flashing Headlights To Warn Drivers Of Hidden Cops MIGHT Be Protected Speech

PODCAST: FREEDOM UNDER FIRE

Freedom Under Fire is a free weekly podcast available on SoundCloud and iTunes.

Predator Cops Are a Menace to Society

The Essence of Evil: Sex with Children Has Become Big Business in America

Podcast Archive

VODCAST: ON TARGET

Vigilantes with a Badge: Warrior Cops Endanger Our Lives and Freedoms

TRI GIFT SHOP

Speak truth to power with these wardrobe staples and support The Rutherford Institute’s critical work while you’re at it!

T-SHIRT: The Rutherford Institute Classic Resistance
T-SHIRT: “Speak Truth to Power”

MUG: “Time to Wake Up!”
MUG: “Make American Free Again”

BOOK: Battlefield America: The War on the American People (Autographed by John W. Whitehead)

AMERICAN POLICE STATE

WATCH: Woman Goes Off on Montana Cops who Walked in Her Home Without a Warrant

Police In Oklahoma Kill Unarmed Naked Teen

Victims Say Domestic Abuse by Police Officers Goes Unpunished

The Growth of the American Police State

AMERICA AT WAR

US and China Account for Almost Half of World’s Military Spending

BEHIND BARS

John Kelly Joins Board of Company Operating Largest Shelter for Unaccompanied Migrant Children

People in Alabama Prisons Are Shackled to Buckets for Days on End

CLICK HERE TO MAKE A TAX-DEDUCTIBLE DONATION

NATIONAL SECURITY

US Searches of Phones, Laptops at Airports Rising

Monthly Arrests at U.S.-Mexico Border Top 100,000

GOVERNMENT CORRUPTION

Police Officers Outran Misconduct, Felonies and Became Police Chiefs

Former Cop Sentenced to 9 Years for Selling Drugs Stolen by Corrupt Police Squad

WAR ON KIDS, FAMILY

Mother Arrested for Letting Child Take Lyft to School

A 9-Year-Old Boy Was Handcuffed. How Many Other Children Have Been?

After a False Accusation, Police and Child Services Forced a Family Apart for 7 Months

Man Who Kept Girl In Dog Cage, Sexually Assaulted Her Won’t Serve Prison Time

You Apparently Can’t Win A Drug War Without Sexually Abusing Kids And Murdering Parents

Arizona’s Department Of Child Safety Has A Pattern Of Sending SWAT Teams For ‘Medical Kidnapping’

SURVEILLANCE & PRIVACY

Amazon’s Facial-Recognition Technology Is Supercharging Local Police

Uber To Track Drivers And Passengers In Real-Time Using RapidSOS App

FREE SPEECH

Facebook Bans Far-Right Leaders for Being ‘Dangerous’

Offended By What Someone Said? Now You Can Report Them To Law Enforcement

Florida Man Arrested After Refusing to Remove Obscene Sticker From Window

TECHNOLOGY

Robots Edge Closer to Unloading Trucks in Amazon-Era Milestone

ECONOMY

Wealthy Elites Freak Out As Homeless Hordes Take Over West Coast Neighborhoods

RESISTANCE

Family Separation Protests Surveilled by Private Firm for DHS

The State of the Union: These Are Dangerous Times, and the Government Is To Blame

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By John W. Whitehead
February 4, 2019

“As I look at America today, I am not afraid to say that I am afraid.”—Bertram Gross, Friendly Fascism: The New Face of Power in AmericaThese are dangerous times.

Mind you, when I say that these are dangerous times, it is not because of violent crime, which remains at an all-time low, or because of terrorism, which is statistically rare, or because our borders are being invaded by armies, which data reports from the Department of Homeland Security refute.

No, the real danger that we face comes from none other than the U.S. government and the powers it has granted to its standing army to steal, cheat, harass, detain, brutalize, terrorize, torture and kill.

The danger “we the people” face comes from masked invaders on the government payroll who crash through our doors in the dark of night, shoot our dogs, and terrorize our families.

This danger comes from militarized henchmen on the government payroll who demand absolute obedience, instill abject fear, and shoot first and ask questions later.

This danger comes from power-hungry bureaucrats on the government payroll who have little to no understanding of their constitutional limits.

This danger comes from greedy politicians and corporations for whom profit trumps principle.

You want to know about the state of our union? It’s downright scary.

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A Badge of Shame: The Government’s War on America’s Military Veterans

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By John W. Whitehead
November 5, 2018

For soldiers serving in Afghanistan and Iraq, coming home is more lethal than being in combat.” ― Brené Brown, research professor at the University of HoustonNot all heroes wear the uniform of war.

In the United States, however, we take particular pride in recognizing as heroes those who have served in the military.

Yet while we honor our veterans with holidays, parades, discounts at retail stores and restaurants, and endless political rhetoric about their sacrifice and bravery, we do a pitiful job of respecting their freedoms and caring for their needs once out of uniform.

Despite the fact that the U.S. boasts more than 20 million veterans who have served in World War II through the present day, the plight of veterans today is America’s badge of shame, with large numbers of veterans impoverished, unemployed, traumatized mentally and physically, struggling with depression, suicide, and marital stress, homeless, subjected to sub-par treatment at clinics and hospitals, and left to molder while their paperwork piles up within Veterans Administration offices.

Still, the government’s efforts to wage war on veterans, especially those who speak out against government wrongdoing, is downright appalling.

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Victory: Court Dismisses Case Against Disabled Veteran Arrested After Lawful Purchase of Canned Iced Tea, Aerosol Bug Spray & Razor Blades

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For Immediate Release: September 28, 2018

CHARLOTTESVILLE, Va. — In a victory for common sense and moderation in how police carry out security protocols, a general district court has granted The Rutherford Institute’s request to dismiss the government’s case against a disabled war veteran who was arrested and charged with a crime after he lawfully purchased cans of Arizona iced tea, aerosol bug spray, a light bulb, and razor blades, all of which were on the City of Charlottesville’s list of temporarily prohibited, potentially “dangerous” items.

HELP US KEEP FREEDOM ALIVE
John Miska, a disabled war veteran, was charged with violating a City ordinance prohibiting potentially “dangerous” items. Incidentally, the veteran’s guns (not among the list of prohibited items) caused no alarm. In throwing out the charges against Miska, the court ruled that the provision of the ordinance used to justify Miska’s arrest is overbroad and unreasonable and, therefore, unenforceable.

Elliott M. Harding of Harding Counsel PLLC, assisted The Rutherford Institute with Miska’s case.

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AMERICAN POLICE STATE

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The Rutherford Institute

AMERICAN POLICE STATE

Risk of Police-Involved Death by Race/Ethnicity and Place

Inked With a Skull in a Cowboy Hat, L.A. County Sheriff’s Deputy Describes Exclusive Society of Lawmen at California Station

Former Deputy Who Made Child Porn Gets Probation Instead Of Prison Time

Salem Police: Deputy Stole Guns From Dead Man’s Home While on Duty

Policeman Confronts Reporter For Taking Photos of Him Detaining Homeless Man

Police Called Multiple Times on Girl Selling Homemade Cookies

Family Begs For Answers After Veteran Dies In Police Custody—Claim His Organs Are Missing

Cincinnati Police Use Taser on 11-Year-Old Girl Accused of Stealing From Supermarket

Cops Go To Wrong House, Kill Innocent Man, Receive A Free Pass From Local Grand Jury

Girl, 11, Shocked With Police Taser at Cincinnati Kroger

WATCH: Cop Attacks Handcuffed, Blindfolded Man for No Reason, Injuring Him—Not Guilty

State Police Testing Saliva Swab to Catch Stoned Drivers

Arkansas Officer Fired After Telling Group of Black Men They ‘Don’t Belong’ in His City

OVERCRIMINALIZATION

80-Year-Old Grandma Thrown in Jail For Smoking Pot In Her Own Home to Treat Her Arthritis

Dial T for Tyranny: While America Feuds, the Police State Shifts Into High Gear

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By John W. Whitehead
April 30, 2018

“Big Brother does not watch us, by his choice. We watch him, by ours. There is no need for wardens or gates or Ministries of Truth. When a population becomes distracted by trivia, when cultural life is redefined as a perpetual round of entertainments, when serious public conversation becomes a form of baby-talk, when, in short, a people become an audience and their public business a vaudeville act, then a nation finds itself at risk; a culture-death is a clear possibility.” — Professor Neil Postman, Amusing Ourselves to Death: Discourse in the Age of Show Business

What characterizes American government today is not so much dysfunctional politics as it is ruthlessly contrived governance carried out behind the entertaining, distracting and disingenuous curtain of political theater. And what political theater it is, diabolically Shakespearean at times, full of sound and fury, yet in the end, signifying nothing.

Played out on the national stage and eagerly broadcast to a captive audience by media sponsors, this farcical exercise in political theater can, at times, seem riveting, life-changing and suspenseful, even for those who know better. READ MORE HERE!

Crimes of a Monster: Your Tax Dollars at Work

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By John W. Whitehead

April 16, 2018

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“This is true whether you’re talking about taxpayers being forced to fund high-priced weaponry that will be used against us, endless wars that do little for our safety or our freedoms, or bloated government agencies such as the National Security Agency with its secret budgets, covert agendas and clandestine activities. Rubbing salt in the wound, even monetary awards in lawsuits against government officials who are found guilty of wrongdoing are paid by the taxpayer.”

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“Is ours a government of the people, by the people, for the people, or a kakistocracy rather, for the benefit of knaves at the cost of fools?”— James Russell Lowell, 19th century American novelist…..

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Say No to “Hardening” the Schools with Zero Tolerance Policies and Gun-Toting Cops [SHORT]

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The Rutherford Institute

Commentary


By John W. Whitehead
March 13, 2018

 

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“Nowadays, students are not only punished for minor transgressions such as playing cops and robbers on the playground, bringing LEGOs to school, or having a food fight, but the punishments have become far more severe, shifting from detention and visits to the principal’s office into misdemeanor tickets, juvenile court, handcuffs, tasers and even prison terms.

These outrageous incidents are exactly what you’ll see more of if the Trump Administration gets its way.”

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Just what we don’t need: more gun-toting, taser-wielding cops in government-run schools that bear an uncomfortable resemblance to prisons.

Microcosms of the police state, America’s public schools already contain almost every aspect of the militarized, intolerant, senseless, overcriminalized, legalistic, surveillance-riddled, totalitarian landscape that plagues those of us on the “outside.”

Now the Trump Administration wants to double down on these totalitarian echo chambers.

The Justice Department, headed by Attorney General Jeff Sessions, has announced that it will provide funding for schools that want to hire more resource officers. The White House has also hinted that it may repeal “Rethink School Discipline” policies, heralding a return to zero tolerance policies that treat children like suspects and criminals, especially within the public schools.

As for President Trump, he wants to “harden” the schools.

What exactly does hardening the schools entail?

More strident zero tolerance policies, greater numbers of school cops, and all the trappings of a prison complex (unsurmountable fences, entrapment areas, no windows or trees, etc.).

Just when you thought this administration couldn’t get any more tone-deaf about civil liberties, they prove once again that they have absolutely no regard for the Constitution (especially the Fourth Amendment), no concept of limited government, and no concern for the growing need to protect “we the people” against an overreaching, overbearing police state.

America’s schools today are already about as authoritarian as they come. More

Rutherford Institute Challenges Police Use of License Plate Readers as Mass Surveillance Tool to Track Citizens Not Suspected of a Crime

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This press release is also available at www.rutherford.org.

RICHMOND, Va. — The Rutherford Institute has asked the Virginia Supreme Court to prohibit police from using license plate readers as mass surveillance tools to track citizens whether or not they are suspected of a crime. In filing an amicus brief in Neal v. Fairfax County Police Department, Rutherford Institute attorneys argue that Fairfax County’s practice of collecting and storing license plate reader data violates a Virginia law prohibiting the government from amassing personal information about individuals, including their driving habits and location.

Mounted next to traffic lights or on police cars, Automated License Plate Readers (ALPR), which photograph up to 3,600 license tag numbers per minute, take a picture of every passing license tag number and store the tag number, date, time and location of the picture in a searchable database. The data is then shared with law enforcement, fusion centers and private companies and used to track the movements of persons in their cars. There are reportedly tens of thousands of these license plate readers now in operation throughout the country. It is estimated that over 99% of the people being unnecessarily surveilled are entirely innocent. The Virginia Supreme Court will hear arguments today in Neal v. Fairfax County Police Department.

The Rutherford Institute’s amicus brief in Neal v. Fairfax County is available at www.rutherford.org.

“Incredibly, Americans cannot even drive their cars without being enmeshed in the government’s web of surveillance. We’re on the losing end of a technological revolution that has already taken hostage our computers, our phones, our finances, our entertainment, our shopping, our appliances, and now, it’s focused its sights on our cars,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “By subjecting Americans to surveillance without their knowledge or compliance and then storing the data for later use, the government has erected the ultimate suspect society. In such an environment, there is no such thing as ‘innocent until proven guilty.’” More

American Horror Story: The Shameful Truth About the Government’s Secret Experiments

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American Horror Story: The Shameful Truth About the Government’s Secret Experiments

The Rutherford Institute

www.rutherford.org

NOW PLAYING: It’s easy to denounce the full-frontal horrors carried out by the scientific and medical community within a totalitarian regime such as Nazi Germany. However, what do you do with a government that claims to be a champion of human rights while allowing its agents to engage in the foulest and most despicable acts of torture, abuse and human experimentation? Mind you, the U.S. government has seldom had its citizens’ best interests at heart. The government didn’t have our best interests at heart when it passed laws subjecting us to all kinds of invasive searches and surveillance, and censoring our speech and stifling our expression. It didn’t have our best interests at heart when it turned America into a battlefield and transformed law enforcement agencies into extensions of the military. Certainly the government did not have our best interests at heart when it conducted secret experiments on an unsuspecting populace—citizens and noncitizens alike—making healthy people sick by spraying them with chemicals, injecting them with infectious diseases and exposing them to airborne toxins. Bottom line: a government that repeatedly lies, breaks the laws, overreaches its authority and abuses its power can’t be trusted.

 

The Rutherford Institute: Constitutional Q&A: American Community Survey

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Resources

PDF VERSION AVAILABLE HERE

Also available, The Rutherford Institute has developed a form letter that you may use in standing up against the government’s attempt to force you to disclose personal information

© 2017 The Rutherford Institute[1]

In an age when the government has significant technological resources at its disposal to not only carry out warrantless surveillance on American citizens but also to harvest and mine that data for its own dubious purposes, whether it be crime-mapping or profiling based on race or religion, the potential for abuse is grave. As such, any attempt by the government to encroach upon the citizenry’s privacy rights or establish a system by which the populace can be targeted, tracked and singled out must be met with extreme caution.

The American Community Survey (ACS) qualifies as a government program whose purpose, while seemingly benign, raises significant constitutional concerns.

Empowered by Congress with greater powers to amass information about citizens, the Census Bureau introduced the ACS in 2005. Unlike the traditional census, which is limited to a simple head count every ten years for the purpose of establishing representation in Congress, the ACS is sent on an ongoing basis to about 3 million homes every year at a reported cost of hundreds of millions of taxpayer dollars.[2]

Individuals who receive the ACS must complete it or be subject to monetary penalties. Although no reports have surfaced of individuals actually being penalized for refusing to answer the survey, the potential fines that can be levied for refusing to participate in the ACS are staggering. For every question not answered, there is a $100 fine. And for every intentionally false response to a question, the fine is $500. Therefore, if a person representing a two-person household refused to fill out any questions or simply answered nonsensically, the total fines could range from upwards of $10,000 and $50,000 for noncompliance. More

A Week in the Life of the American Police State

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speak

By John W. Whitehead

June 20, 2016

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

“Those who corrupt the public mind are just as evil as those who steal from the public purse.”—Adlai Stevenson, 23rd Vice President of the United States

If you’ve been caught up in the circus that is the presidential election, you’ve likely missed the latest news about all the ways in which the government continues to erode our freedoms, undermine our sovereignty, abuse our trust, invade our homes, invade our privacy, destroy our property, hijack our bank accounts, and generally render itself above the law.

Then again, this is all par for the course from a militaristic government that is armed to the teeth, wages war against its own people, imprisons its citizens for profit, marches in lockstep with the corporate elite, and treats human beings as little more than cattle to be branded, bought, sold and butchered.

The following incidents constitute a typical week in the life of the American police state.

Not content with merely spying on our emails and phone calls, the NSA wants to spy on thermostats, refrigerators, and pacemakers.

Reinforcing fears about how easily surveillance technology can be abused by government officials, local police in California are using money acquired through asset forfeiture to buy surveillance equipment that was then used to blackmail city council members.

Small-town police departments continue to militarize their forces, acquiring military equipment such as BearCat armored vehicles and SWAT teams at an alarming rate.

According to the Government Accountability Office, the majority of people in the government’s criminal face-recognition database have never committed a crime.

The private prison business is booming, signaling a profitable windfall for investors and a death knell for any American unfortunate enough to run afoul of the many laws criminalizing otherwise legitimate behavior such as growing a garden on one’s front lawn or hosting a Bible study in one’s backyard. More

Victory: Oklahoma Moves to Enact Law Accommodating Religious Objections to Biometric Photo Requirement on Drivers’ Licenses

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RutherfordHeader_2This press release is also available at www.rutherford.org.

May 18, 2016

OKLAHOMA CITY, Okla. — Spurred on by a lawsuit filed by attorneys for The Rutherford Institute, the Oklahoma State Legislature is poised to enact a law that protects individuals from being forced to violate their religious beliefs by submitting to a biometric photograph as a condition of obtaining a driver’s license.

The Institute’s lawsuit, filed on behalf of Kaye Beach, a Christian, against the Oklahoma Department of Public Safety (DPS), asserts that requiring a biometric photo requirement as a condition of obtaining a driver’s license violates Oklahoma’s Religious Freedom Restoration Act. Unable to renew her driver’s license because of her objection to the biometric photo requirement, Beach has been deprived of common benefits and services that hinge on possessing a valid driver’s license, including the ability to acquire prescription medications, use her debit card, rent a hotel room or obtain a post office box. Upon being signed by the governor, the new law, S.B. 683, would require that the DPS issue a nonbiometric driver’s license to anyone raising a religious objection to the biometric photo and destroy any biometric images of the residents held by the DPS. In April 2016, Oklahoma’s Court of Civil Appeals reversed a lower court judgment against Beach and reinstated her lawsuit.

“Whether a person views a biometric ID card in the form of a driver’s license or other government-issued form of identification as the mark of the Beast or merely the long arm of Big Brother, the outcome remains the same: ultimate control by the government,” said John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “As Kaye Beach’s case makes clear, failing to have a biometric card can render you a non-person for all intents and purposes, with your ability to work, travel, buy, sell, access health care, and so on jeopardized.” More

Warning Against Efforts to Muzzle Citizens & Avoid Transparency, Rutherford Institute Issues 1st Amendment Guidelines for Public Meetings

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For Immediate Release: March 9, 2016

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CHARLOTTESVILLE, Va. —Warning that representative government works best when the government’s actions are fully disclosed and citizens are allowed to speak honestly and openly to their elected representatives and other citizens without fear of retribution, The Rutherford Institute has issued guidelines for local boards, commissions and councils to consider and follow in order to best assure that the fundamental First Amendment rights of citizens are respected.

In recent years, numerous local boards and commissions have attempted to establish rules and regulations governing speech at public meetings that limit the content and manner of public expression in an attempt to “dial down” the intensity of these meetings and impose a more “civil” discourse. However, these restrictions on expression often run afoul of the First Amendment, making local officials self-appointed censors and arbitrary arbiters of what speech is and is not proper.

The Rutherford Institute’s Public Meetings Guidelines are available at www.rutherford.org.

“Until recently, local government meetings have remained one of the few legitimate forums available to citizens to personally address their government representatives about decisions that have immediate and substantial impact on their day-to-day lives,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Unfortunately, officials at all levels of government have succeeded in insulating themselves from their constituents through the use of free speech zones, electronic town hall meetings, security barriers, regulations restricting what is said at public meetings, and other tactics that run afoul of the First Amendment’s safeguards for free speech, public assembly and the right to petition the government for a redress of grievances. These guidelines are intended to empower citizens to push back against those who would stifle the ardor of citizens, arbitrarily silence critics and impede efforts to assure transparency in government.”

The Rutherford Institute issued its guidelines after being contacted by residents of Charlottesville, Va., who were concerned about draconian changes to the City’s public comment rules regarding the content, duration and protocol for making public comments at City Council meetings. The City’s revised procedures include restrictions on video recording, a prohibition on “improper” comments, exclusion of individuals for disruptive or disorderly conduct, and limitations on who may be addressed. In denouncing the guidelines as overly vague and ambiguous, Institute attorneys have advised City officials that the changes to their meeting procedures violate the letter and spirit of Constitution by imposing obstacles to transparency and citizen engagement.

In calling on the Charlottesville City Council to revoke the rules it has adopted in order to ensure that Council meetings remain a forum for free speech, the Institute warned that if the City is serious about being a leader in the fight for open government, it must demonstrate a commitment to public participation in the democratic process. In 2015, Rutherford Institute attorneys advised the Greene County Board of Supervisors (also in Virginia) against rules adopted governing the open forum public comment period during Board meetings that could be used to censor unpopular but constitutionally protected speech.

The Rutherford Institute, a national nonprofit civil liberties organization based in Charlottesville, Va., defends individuals whose constitutional rights have been violated and educates the public about threats to their freedoms. The Institute has spent more than 30 years advocating for transparency in government and championing the First Amendment right of the citizenry to speak candidly and openly to their elected representatives and other citizens.

This press release is also available at www.rutherford.org.

Sheep Led to the Slaughter: The Muzzling of Free Speech in America

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John W. Whitehead

September 01, 2015

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

The architects of the American police state must think we’re idiots.

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

Long gone are the days when advocates of free speech could prevail in a case such as Tinker v. Des Moines. Indeed, it’s been 50 years since 13-year-old Mary Beth Tinker was suspended for wearing a black armband to school in protest of the Vietnam War. In taking up her case, the U.S. Supreme Court declared that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

Were Tinker to make its way through the courts today, it would have to overcome the many hurdles being placed in the path of those attempting to voice sentiments that may be construed as unpopular, offensive, conspiratorial, violent, threatening or anti-government.

Consider, if you will, that the U.S. Supreme Court, historically a champion of the First Amendment, has declared that citizens can exercise their right to free speech everywhere it’s lawful—online, in social media, on a public sidewalk, etc.—as long as they don’t do so in front of the Court itself.

What is the rationale for upholding this ban on expressive activity on the Supreme Court plaza?

“Allowing demonstrations directed at the Court, on the Court’s own front terrace, would tend to yield the…impression…of a Court engaged with — and potentially vulnerable to — outside entreaties by the public.”

Translation: The appellate court that issued that particular ruling in Hodge v. Talkin actually wants us to believe that the Court is so impressionable that the justices could be swayed by the sight of a single man, civil rights activist Harold Hodge, standing alone and silent in the snow in a 20,000 square-foot space in front of the Supreme Court building wearing a small sign protesting the toll the police state is taking on the lives of black and Hispanic Americans.

My friends, we’re being played for fools. More

Rutherford Institute Appeals to U.S. Supreme Court on Behalf of Marine Who Was Targeted by FBI, Secret Service & Arrested for Criticizing Gov’t on Facebook

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WASHINGTON, D.C. — Attorneys for The Rutherford Institute have appealed to the U.S. Supreme Court on behalf of decorated Marine Brandon Raub who was seized by a swarm of Secret Service, FBI and local police officials and involuntarily committed to a mental institution for a week after posting controversial song lyrics and political views critical of the government on his Facebook page.

In asking the Supreme Court to reinstate Brandon Raub v. Michael Campbell, Rutherford Institute attorneys are challenging a ruling by a lower court judge who characterized the Institute’s concerns over government suppression of dissident speech as “far-fetched.” Moreover, Institute attorneys are urging the Court to establish standards to guide and constrain mental health professionals when they seek to commit individuals and to prevent commitment on the basis of a person’s exercise of his right to free speech.

The Rutherford Institute’s petition for writ of certiorari in Raub v. Campbell is available at www.rutherford.org.

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Don’t Be Fooled by the Political Game: The Illusion of Freedom in America

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whitehad bokBy John W. Whitehead

August 10, 2015

“The shaping of the will of Congress and the choosing of the American president has become a privilege reserved to the country’s equestrian classes, a.k.a. the 20% of the population that holds 93% of the wealth, the happy few who run the corporations and the banks, own and operate the news and entertainment media, compose the laws and govern the universities, control the philanthropic foundations, the policy institutes, the casinos, and the sports arenas.”—Journalist Lewis Lapham

Being a citizen in the American corporate state is much like playing against a stacked deck: 08-10-2015_Illusionyou’re always going to lose.

The game is rigged, and “we the people” keep getting dealt the same losing hand. Even so, most stay in the game, against all odds, trusting that their luck will change.

The problem, of course, is that luck will not save us. As I make clear in my book, Battlefield America: The War on the American People, the people dealing the cards—the politicians, the corporations, the judges, the prosecutors, the police, the bureaucrats, the military, the media, etc.—have only one prevailing concern, and that is to maintain their power and control over the citizenry, while milking us of our money and possessions.

It really doesn’t matter what you call them—Republicans, Democrats, the 1%, the elite, the controllers, the masterminds, the shadow government, the police state, the surveillance state, the military industrial complex—so long as you understand that while they are dealing the cards, the deck will always be stacked in their favor.

Incredibly, no matter how many times we see this played out, Americans continue to naively buy into the idea that politics matter, as if there really were a difference between the Republicans and Democrats (there’s not).

As if Barack Obama proved to be any different from George W. Bush (he has not). As if Hillary Clinton’s values are any different from Donald Trump’s (with both of them, money talks). As if when we elect a president, we’re getting someone who truly represents “we the people” rather than the corporate state (in fact, in the oligarchy that is the American police state, an elite group of wealthy donors is calling the shots).

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The Emergence of Orwellian Newspeak and the Death of Free Speech

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By John W. Whitehead
June 29, 2015

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

“If you don’t want a man unhappy politically, don’t give him two sides to a question to worry him; give him one. Better yet, give him none. Let him forget there is such a thing as war. If the government is inefficient, top-heavy, and tax-mad, better it be all those than that people worry over it…. Give the people contests they win by remembering the words to more popular songs or the names of state capitals or how much corn Iowa grew last year. Cram them full of noncombustible data, chock them so damned full of ‘facts’ they feel stuffed, but absolutely ‘brilliant’ with information. Then they’ll feel they’re thinking, they’ll get a sense of motion without moving. And they’ll be happy, because facts of that sort don’t change.” ― Ray Bradbury, Fahrenheit 451

How do you change the way people think? You start by changing the words they use.

In totalitarian regimes—a.k.a. police states—where conformity and whitehad bokcompliance are enforced at the end of a loaded gun, the government dictates what words can and cannot be used. In countries where the police state hides behind a benevolent mask and disguises itself as tolerance, the citizens censor themselves, policing their words and thoughts to conform to the dictates of the mass mind.

Even when the motives behind this rigidly calibrated reorientation of societal language appear well-intentioned—discouraging racism, condemning violence, denouncing discrimination and hatred—inevitably, the end result is the same: intolerance, indoctrination and infantilism.

It’s political correctness disguised as tolerance, civility and love, but what it really amounts to is the chilling of free speech and the demonizing of viewpoints that run counter to the cultural elite.

As a society, we’ve become fearfully polite, careful to avoid offense, and largely unwilling to be labeled intolerant, hateful, closed-minded or any of the other toxic labels that carry a badge of shame today. The result is a nation where no one says what they really think anymore, at least if it runs counter to the prevailing views. Intolerance is the new scarlet letter of our day, a badge to be worn in shame and humiliation, deserving of society’s fear, loathing and utter banishment from society.

For those “haters” who dare to voice a different opinion, retribution is swift: they will be shamed, shouted down, silenced, censored, fired, cast out and generally relegated to the dust heap of ignorant, mean-spirited bullies who are guilty of various “word crimes.”

We have entered a new age where, as commentator Mark Steyn notes, “we have to tiptoe around on ever thinner eggshells” and “the forces of ‘tolerance’ are intolerant of anything less than full-blown celebratory approval.”

In such a climate of intolerance, there can be no freedom speech, expression or thought.

Yet what the forces of political correctness fail to realize is that they owe a debt to the so-called “haters” who have kept the First Amendment robust. From swastika-wearing Neo-Nazis marching through Skokie, Illinois, and underaged cross burners to “God hates fags” protesters assembled near military funerals, those who have inadvertently done the most to preserve the right to freedom of speech for all have espoused views that were downright unpopular, if not hateful.

Until recently, the U.S. Supreme Court has reiterated that the First Amendment prevents the government from proscribing speech, or even expressive conduct, because it disapproves of the ideas expressed. However, that long-vaunted, Court-enforced tolerance for “intolerant” speech has now given way to a paradigm in which the government can discriminate freely against First Amendment activity that takes place within a government forum. Justifying such discrimination as “government speech,” the Court ruled that the Texas Dept. of Motor Vehicles could refuse to issue specialty license plate designs featuring a Confederate battle flag. Why? Because it was deemed offensive.

The Court’s ruling came on the heels of a shooting in which a 21-year-old white gunman killed nine African-Americans during a Wednesday night Bible study at a church in Charleston, N.C. The two events, coupled with the fact that gunman Dylann Roof was reportedly pictured on several social media sites with a Confederate flag, have resulted in an emotionally charged stampede to sanitize the nation’s public places of anything that smacks of racism, starting with the Confederate flag and ballooning into a list that includes the removal of various Civil War monuments.

These tactics are nothing new. This nation, birthed from puritanical roots, has always struggled to balance its love of liberty with its moralistic need to censor books, music, art, language, symbols etc. As author Ray Bradbury notes, “There is more than one way to burn a book. And the world is full of people running about with lit matches.”

Indeed, thanks to the rise of political correctness, the population of book burners, censors, and judges has greatly expanded over the years so that they run the gamut from left-leaning to right-leaning and everything in between. By eliminating words, phrases and symbols from public discourse, the powers-that-be are sowing hate, distrust and paranoia. In this way, by bottling up dissent, they are creating a pressure cooker of stifled misery that will eventually blow.

For instance, the word “Christmas” is now taboo in the public schools, as is the word “gun.” Even childish drawings of soldiers result in detention or suspension under rigid zero tolerance policies. On college campuses, trigger warnings are being used to alert students to any material they might read, see or hear that might upset them, while free speech zones restrict anyone wishing to communicate a particular viewpoint to a specially designated area on campus. Things have gotten so bad that comedians such as Chris Rock and Jerry Seinfeld refuse to perform stand-up routines to college crowds anymore.

Clearly, the country is undergoing a nervous breakdown, and the news media is helping to push us to the brink of insanity by bombarding us with wall-to-wall news coverage and news cycles that change every few days.

In this way, it’s difficult to think or debate, let alone stay focused on one thing—namely, holding the government accountable to abiding by the rule of law—and the powers-that-be understand this.

As I document in my book Battlefield America: The War on the American People, regularly scheduled trivia and/or distractions keep the citizenry tuned into the various breaking news headlines and entertainment spectacles and tuned out to the government’s steady encroachments on our freedoms. These sleight-of-hand distractions and diversions are how you control a population, either inadvertently or intentionally, advancing a political agenda agenda without much opposition from the citizenry.

Professor Jacques Ellul studied this phenomenon of overwhelming news, short memories and the use of propaganda to advance hidden agendas. “One thought drives away another; old facts are chased by new ones,” wrote Ellul.

Under these conditions there can be no thought. And, in fact, modern man does not think about current problems; he feels them. He reacts, but he does not understand them any more than he takes responsibility for them. He is even less capable of spotting any inconsistency between successive facts; man’s capacity to forget is unlimited. This is one of the most important and useful points for the propagandists, who can always be sure that a particular propaganda theme, statement, or event will be forgotten within a few weeks.

Already, the outrage over the Charleston shooting and racism are fading from the news headlines, yet the determination to censor the Confederate symbol remains. Before long, we will censor it from our thoughts, sanitize it from our history books, and eradicate it from our monuments without even recalling why. The question, of course, is what’s next on the list to be banned?

It was for the sake of preserving individuality and independence that James Madison, the author of the Bill of Rights, fought for a First Amendment that protected the “minority” against the majority, ensuring that even in the face of overwhelming pressure, a minority of one—even one who espouses distasteful viewpoints—would still have the right to speak freely, pray freely, assemble freely, challenge the government freely, and broadcast his views in the press freely.

This freedom for those in the unpopular minority constitutes the ultimate tolerance in a free society. Conversely, when we fail to abide by Madison’s dictates about greater tolerance for all viewpoints, no matter how distasteful, the end result is always the same: an indoctrinated, infantilized citizenry that marches in lockstep with the governmental regime.

Some of this past century’s greatest dystopian literature shows what happens when the populace is transformed into mindless automatons. In Ray Bradbury’s Fahrenheit 451, reading is banned and books are burned in order to suppress dissenting ideas, while televised entertainment is used to anesthetize the populace and render them easily pacified, distracted and controlled.

In Aldous Huxley’s Brave New World, serious literature, scientific thinking and experimentation are banned as subversive, while critical thinking is discouraged through the use of conditioning, social taboos and inferior education. Likewise, expressions of individuality, independence and morality are viewed as vulgar and abnormal.

And in George Orwell’s 1984, Big Brother does away with all undesirable and unnecessary words and meanings, even going so far as to routinely rewrite history and punish “thoughtcrimes.” In this dystopian vision of the future, the Thought Police serve as the eyes and ears of Big Brother, while the Ministry of Peace deals with war and defense, the Ministry of Plenty deals with economic affairs (rationing and starvation), the Ministry of Love deals with law and order (torture and brainwashing), and the Ministry of Truth deals with news, entertainment, education and art (propaganda). The mottos of Oceania: WAR IS PEACE, FREEDOM IS SLAVERY, and IGNORANCE IS STRENGTH.

All three—Bradbury, Huxley and Orwell—had an uncanny knack for realizing the future, yet it is Orwell who best understood the power of language to manipulate the masses. Orwell’s Big Brother relied on Newspeak to eliminate undesirable words, strip such words as remained of unorthodox meanings and make independent, non-government-approved thought altogether unnecessary. To give a single example, as psychologist Erich Fromm illustrates in his afterword to 1984:

The word free still existed in Newspeak, but it could only be used in such statements as “This dog is free from lice” or “This field is free from weeds.” It could not be used in its old sense of “politically free” or “intellectually free,” since political and intellectual freedom no longer existed as concepts….

Where we stand now is at the juncture of OldSpeak (where words have meanings, and ideas can be dangerous) and Newspeak (where only that which is “safe” and “accepted” by the majority is permitted). The power elite has made their intentions clear: they will pursue and prosecute any and all words, thoughts and expressions that challenge their authority.

This is the final link in the police state chain.

Having been reduced to a cowering citizenry—mute in the face of elected officials who refuse to represent us, helpless in the face of police brutality, powerless in the face of militarized tactics and technology that treat us like enemy combatants on a battlefield, and naked in the face of government surveillance that sees and hears all—we have nowhere left to go. Our backs are to the walls. From this point on, we have only two options: go down fighting, or capitulate and betray our loved ones, our friends and our selves by insisting that, as a brainwashed Winston Smith does at the end of Orwell’s 1984, yes, 2+2 does equal 5.

WC: 1909

 

Prisons Without Walls: We’re All Inmates in the American Police State

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By John W. Whitehead
June 15, 2015

This commentary is also available at www.rutherford.org.
“It is perfectly possible for a man to be out of prison and yet not free—to be under no physical constraint and yet be a psychological captive, compelled to think, feel and act as the representatives of the national state, or of some private interest within the nation wants him to think, feel and act. . . . To him the walls of his prison are invisible and he believes himself to be free.”—Aldous Huxley, A Brave New World Revisited

“Free worlders” is prison slang for those who are not incarcerated behind prison walls. Supposedly, those fortunate souls live in the “free world.” However, appearances can be deceiving.

“As I got closer to retiring from the Federal Bureau of Prisons,” writes former prison employee Marlon

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.

Brock, “it began to dawn on me that the security practices we used in the prison system were being implemented outside those walls.” In fact, if Brock is right, then we “free worlders” do live in a prison—albeit, one without visible walls.

In federal prisons, cameras are everywhere in order to maintain “security” and keep track of the prisoners. Likewise, the “free world” is populated with video surveillance and tracking devices. From surveillance cameras in stores and street corners to license plate readers (with the ability to log some 1,800 license plates per hour) on police cars, our movements are being tracked virtually everywhere. With this increasing use of iris scanners and facial recognition software—which drones are equipped with—there would seem to be nowhere to hide.

Detection and confiscation of weapons (or whatever the warden deems “dangerous”) in prison is routine. The inmates must be disarmed. Pat downs, checkpoints, and random searches are second nature in ferreting out contraband.

Sound familiar?

Metal detectors are now in virtually all government buildings. There are the TSA scanning devices and metal detectors we all have to go through in airports. Police road blocks and checkpoints are used to perform warrantless searches for contraband. Those searched at road blocks can be searched for contraband regardless of their objections—just like in prison. And there are federal road blocks on American roads in the southwestern United States. Many of them are permanent and located up to 100 miles from the border.

Stop and frisk searches are taking place daily across the country. Some of them even involve anal and/or vaginal searches. In fact, the U.S. Supreme Court has approved strip searches even if you are arrested for a misdemeanor—such as a traffic stop. Just like a prison inmate.

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John W. Whitehead to Appear in ‘The Root: Excessive Force’ Documentary

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RutherfordHeader_2This press release is also available at www.rutherford.org.

John W. Whitehead to Appear in ‘The Root: Excessive Force’ Documentary on TheBlazeTV (5/21, 5 pm ET), to Discuss Loss of Civil Liberties in a Police State

NEW YORK, N.Y.—Constitutional attorney John W. Whitehead will appear in “The Root: Excessive whitehad bokForce,” a special documentary hosted by Glenn Beck about what happens to civil liberties when the government favors police state tactics such as lockdowns, SWAT team raids, and mass surveillance. “The Root: Excessive Force” will air at 5 pm EST on May 21, 2015, TheBlazeTV. The airing of the documentary coincides with the Obama administration’s release of a 120-page “Task Force on 21st Century Policing” report and the announcement that the president will limit some of the military weapons being passed along to local police departments.

“It remains to be seen whether this overture on Obama’s part, coming in the midst of heightened tensions between the nation’s police forces and the populace they’re supposed to protect, opens the door to actual reform or is merely a political gambit to appease the masses all the while further acclimating the populace to life in a police state,” stated Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Certainly, on its face, the ban does nothing to roll back the deadly menace of overzealous police agencies corrupted by money, power and institutional immunity. And it certainly fails to recognize the terrible toll that has been inflicted on our communities, our fragile ecosystem of a democracy, and our freedoms as a result of the government’s determination to bring the war home.”

Congress launched the 1033 Program in the 1980s to allow the Department of Defense to transfer surplus military goods to state and local police agencies. The 1033 program has grown dramatically, with some 13,000 police agencies in all 50 states and four US territories currently participating. In 2012, the federal government transferred $546 million worth of property to state and local police agencies. This 1033 program allows small towns like Rising Star, Texas, with a population of 835 and only one full-time police officer, to acquire $3.2 million worth of goods and military gear from the federal government over the course of fourteen months. Military equipment sent to small towns has included high-powered weapons, assault vehicles and tactical gear. However, after it was discovered that local police agencies were failing to keep inventories of their acquired firearms and in some cases, selling the equipment for a profit, the transfer of firearms was temporarily suspended until October 2013. Police agencies have also been given a variety of other toys and gizmos, including “aircraft, boats, Humvees, body armor, weapon scopes, infrared imaging systems and night-vision goggles,” not to mention more general items such as “bookcases, hedge trimmers, telescopes, brassieres, golf carts, coffee makers and television sets.”

In addition to equipping police with militarized weapons and equipment, the government has also instituted an incentive program of sorts, the Byrne Formula Grant Program, which awards federal grants based upon “the number of overall arrests, the number of warrants served or the number of drug seizures.” A sizable chunk of taxpayer money has kept the program in full swing over the years. The Clinton administration funded the program with about $500 million. By 2008, the Bush administration had reduced the budget to about $170 million, less out of concern for the militarization of police forces and more to reduce federal influence on law enforcement matters. However, Obama boosted the program, using the 2009 American Recovery and Reinvestment Act to inject $2 billion into the program. As a result of local police forces receiving militarized equipment and grants, heavily armed SWAT teams have also been increasingly used to carry out routine police procedures such as routine search warrants. Consequently, SWAT team raids, which once numbered a few thousand per year in the 1980s, have grown to over 80,000 per year.

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THE RUTHERFORD INSTITUTE
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The Rutherford Institute. Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional and human rights have been threatened or violated.

Under the regulations of the United States Internal Revenue Service, The Rutherford Institute is incorporated as a 501(c)(3) tax exempt nonprofit organization. Donations to support The Rutherford Institute’s legal and educational work help to safeguard the constitutional rights and religious freedoms of all Americans. Donations are tax-deductible. In compliance with general industry standards of a nonprofit organization, the Institute is audited annually by an independent accounting firm.

Copyright © 2015 The Rutherford Institute, All rights reserved.

 

‘We the People’ Need to Circle the Wagons: The Government Is on the Warpath

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

By John W. Whitehead
May 12, 2015

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“The government is merely a servant―merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a patriot and who isn’t. Its function is to obey orders, not originate them.” ― Mark Twain

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How many Americans have actually bothered to read the Constitution, let alone the first ten amendments to the Constitution, the Bill of Rights (a quick read at 462 words)?

Take a few minutes and read those words for yourself—rather than having some court or politician translate them for you—and you will be under no illusion about where to draw the line when it comes to speaking your mind, criticizing your government, defending what is yours, doing whatever you want on your own property, and keeping the government’s nose out of your private affairs.

In an age of overcriminalization, where the average citizen unknowingly commits three crimes a day, and even the most mundane activities such as fishing and gardening are regulated, government officials are constantly telling Americans what not to do. Yet it was not always this way. It used to be “we the people” telling the government what it could and could not do. Indeed, the three words used most frequently throughout the Bill of Rights in regards to the government are “no,” “not” and “nor.”

Compare the following list of “don’ts” the government is prohibited from doing with the growing list of abuses to which “we the people” are subjected on a daily basis, and you will find that we have reached a state of crisis wherein the government is routinely breaking the law and violating its contractual obligations.

For instance, the government is NOT allowed to restrict free speech, press, assembly or the citizenry’s ability to protest and correct government wrongdoing. Nevertheless, the government continues to prosecute whistleblowers, persecute journalists, cage protesters, criminalize expressive activities, crack down on large gatherings of citizens mobilizing to voice their discontent with government policies, and insulate itself and its agents from any charges of wrongdoing (or what the courts refer to as “qualified immunity”).

The government may NOT infringe on a citizen’s right to defend himself. Nevertheless, in many states, it’s against the law to carry a concealed weapon (gun, knife or even pepper spray), and the average citizen is permitted little self-defense against militarized police officers who shoot first and ask questions later.

The government may NOT enter or occupy a citizen’s house without his consent (the quartering of soldiers). Nevertheless, government soldiers (i.e., militarized police) carry out more than 80,000 no-knock raids on private homes every year, while maiming children, killing dogs and shooting citizens.

The government may NOT carry out unreasonable searches and seizures on the citizenry or their possessions. NOR can government officials issue warrants without some evidence of wrongdoing (probable cause). Unfortunately, what is unreasonable to the average American is completely reasonable to a government agent, for whom the ends justify the means. In such a climate, we have no protection against roadside strip searches, blood draws, DNA collection, SWAT team raids, surveillance or any other privacy-stripping indignity to which the government chooses to subject us.

The government is NOT to deprive anyone of life, liberty or property without due process. Nevertheless, the government continues to incarcerate tens of thousands of Americans whose greatest crime is being poor and brown-skinned. The same goes for those who are put to death, some erroneously, by a system weighted in favor of class and wealth.

The government may NOT take private property for public use without just compensation. Nevertheless, under the guise of the “greater public interest,” the government often hides behind eminent domain laws in order to allow megacorporations to tear down homes occupied by less prosperous citizens in order to build high-priced resorts and shopping malls.

Government agents may NOT force a citizen to testify against himself. Yet what is the government’s extensive surveillance network that spies on all of our communications but a thinly veiled attempt at using our own words against us?

The government is NOT allowed to impose excessive fines on the citizenry or inflict cruel and unusual punishments upon them. Nevertheless Americans are subjected to egregious fines and outrageous punishments for minor traffic violations, student tardiness and absence from school, and generally having the misfortune of being warm bodies capable of filling privatized, profit-driven jails.

The government is NOT permitted to claim any powers that are not expressly granted to them by the Constitution. This prohibition has become downright laughable as the government continues to claim for itself every authority that serves to swell its coffers, cement its dominion, and expand its reach.

Despite what some special interest groups have suggested to the contrary, the problems we’re experiencing today did not arise because the Constitution has outlived its usefulness or become irrelevant, nor will they be solved by a convention of states or a ratification of the Constitution.

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Four To Eight Year Olds Searched For Weapons! (UPDATE)

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Lynn Swearingen (c) copyright 2010 ALL RIGHTS RESERVED

Interesting news.

The Rutherford Institute site explains exactly why the American People cannot question these searches:

A federal court has dismissed a Fourth Amendment lawsuit filed by The Rutherford Institute challenging the Transportation Security Administration’s (TSA) airport security screening policy of requiring air passengers to either submit to virtual strip searches involving advanced imaging technology (AIT), which exposes intimate details of a person’s body to government agents, or submit to highly invasive pat down searches during which TSA agents may go so far as to reach inside a traveler’s pants. U.S. District Court Judge Henry H. Kennedy, Jr., justified his dismissal by declaring that the court has no jurisdiction over the case, citing a secret order issued by the TSA which requires that the D.C. Court of Appeals hear any reviews of TSA orders. Insisting that it contains “sensitive security information,” the government has yet to make public the order embodying the TSA enhanced screening procedures.

Secret orders? More

Obama and the Global Police: More Friendly Fascism?

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The Rutherford Institute

contact: www.rutherford.org

Obama and the Global Police: More Friendly Fascism?

by John W. Whitehead
Recently by John W. Whitehead: America Under Barack Obama

 “The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse.” ~ James Madison

Over the course of his first year in office, Barack Obama has shown himself to be a skillful and savvy politician, saying the things Americans want to hear while stealthily and inexorably moving forward the government’s agenda of centralized power. For example, in one breath, Obama pays lip service to the need for greater transparency in government, while in another; he issues an executive order that will result in even more government secrecy.

 He is aided in this Machiavellian mindset by a trusting populace inclined to take him at his word and a mainstream media seemingly loath to criticize him or scrutinize his actions too closely. A perfect example of this is the media’s relative lack of scrutiny over Obama’s recent transformation of Executive Order (EO) 12425 from a document that constitutionally limits the International Criminal Police Organization’s (Interpol) activities domestically to one that establishes it as an autonomous police agency within the U.S. READ MORE

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