Tag Archives: William O. Douglas

The Language of Force: How the Police State Muzzles Our Right to Speak Truth to Power

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By John & Nisha Whitehead

Source: The Rutherford Institute

“If the state could use [criminal] laws not for their intended purposes but to silence those who voice unpopular ideas, little would be left of our First Amendment liberties, and little would separate us from the tyrannies of the past or the malignant fiefdoms of our own age. The freedom to speak without risking arrest is ‘one of the principal characteristics by which we distinguish a free nation.’”—Justice Neil Gorsuch, dissenting, Nieves v. Bartlett (2019)

Tyrants don’t like people who speak truth to power.

Cue the rise of protest laws, which take the government’s intolerance for free speech to a whole new level and send the resounding message that resistance is futile.

In fact, ever since the Capitol protests on Jan. 6, 2021, state legislatures have introduced a broad array of these laws aimed at criminalizing protest activities.

There have been at least 205 proposed laws in 45 states aimed at curtailing 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.

Weaponized by police, prosecutors, courts and legislatures, these protest laws, along with free speech zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws, and a host of other legalistic maladies have become a convenient means by which to punish individuals who refuse to be muzzled.

In Florida, for instance, legislators passed a “no-go” zone law making it punishable by up to 60 days in jail to remain within 25 feet of working police and other first responders after a warning.

Yet while the growing numbers of protest laws cropping up across the country are sold to the public 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, no-go zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws, etc., aim to muzzle every last one of us.

To be very clear, 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.

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.

This is the painful lesson being imparted with every incident in which someone gets arrested and charged with any of the growing number of contempt charges (ranging from resisting arrest and interference to disorderly conduct, obstruction, and failure to obey a police order) that get trotted out anytime a citizen voices discontent with the government or challenges or even questions the authority of the powers-that-be.

These assaults on free speech are nothing new.

As Human Rights Watch points out, “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.”

Journalists have come under particular fire for exercising their right to freedom of the press.

According to U.S. Press Freedom Tracker, the criminalization of routine journalism has become a means by which the government chills lawful First Amendment activity.

Journalists have been arrested or faced dubious charges for “publishing,” asking too many questions of public officials, being “rude” for reporting during a press conference, and being in the vicinity of public protests and demonstrations.

For instance, Steve Baker, a reporter for Blaze News, was charged with four misdemeanors, including trespassing and disorderly conduct charges, related to his sympathetic coverage of the Jan. 6 riots. Dan Heyman, a reporter for the Public News Service, was arrested for “aggressively” questioning Tom Price, then secretary of the Department of Health and Human Services during an encounter in the West Virginia State Capitol.

It’s gotten so bad that merely daring to question, challenge or hesitate when a cop issues an order can get you charged with resisting arrest or disorderly conduct.

For example, Deyshia Hargrave, a language arts teacher in Louisiana, was thrown to the ground, handcuffed and arrested for speaking out during a public comment period at a school board meeting.

Fane Lozman was arrested for alluding to government corruption during open comment time at a City Council meeting in Palm Beach County, Fla.

College professor Ersula Ore was slammed to the ground and arrested after she objected to the “disrespectful manner” shown by a campus cop who stopped her in the middle of the street and demanded that she show her ID.

Philadelphia lawyer Rebecca Musarra was arrested for exercising her right to remain silent and refusing to answer questions posed by a police officer during a routine traffic stop. (Note: she cooperated in every other way by providing license and registration, etc.)

Making matters worse, the U.S. Supreme Court issued a ruling in Nieves v. Bartlett that protects police from lawsuits by persons arrested on bogus “contempt of cop” charges (ranging from resisting arrest and interference to disorderly conduct, obstruction, and failure to obey a police order) that result from lawful First Amendment activities (filming police, asking a question of police, refusing to speak with police).

These incidents reflect a growing awareness about the state of free speech in America: you may have distinct, protected rights on paper, but dare to exercise those rights, and you risk fines, arrests, injuries and even death.

Unfortunately, we have been circling this particular drain hole for some time now.

More than 50 years ago, U.S. Supreme Court Justice William O. Douglas took issue with the idea that merely speaking to a government representative (a right enshrined in the First Amendment) could be perceived as unlawfully inconveniencing and annoying the police.

In a passionate defense of free speech, Douglas declared: 

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. The situation might have indicated that Colten’s techniques were ill-suited to the mission he was on, that diplomacy would have been more effective. But at the constitutional level speech need not be a sedative; it can be disruptive.

It’s a power-packed paragraph full of important truths that the powers-that-be would prefer we quickly forget: We the people are the sovereigns. We have the final word. We can speak softly or angrily. We can seek to challenge and annoy. We need not stay docile and quiet. Our speech can be disruptive. It can invite dispute. It can be provocative and challenging. We do not have to bow submissively to authority or speak with reverence to government officials.

In theory, Douglas was right: “we the people” do have a constitutional right to talk back to the government.

In practice, however, we live in an age in which “we the people” are at the mercy of militarized, weaponized, immunized cops who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.”

As such, those who seek to exercise their First Amendment rights during encounters with the police are increasingly finding that there is no such thing as freedom of speech.

Case in point: Tony Rupp, a lawyer in Buffalo, NY, found himself arrested and charged with violating the city’s noise ordinance after cursing at an SUV bearing down on pedestrians on a busy street at night with its lights off. Because that unmarked car was driven by a police officer, that’s all it took for Rupp to find himself subjected to malicious prosecution, First Amendment retaliation and wrongful arrest.

The case, as Jesse McKinley writes in The New York Times, is part of a growing debate over “how citizens can criticize public officials at a time of widespread reevaluation of the lengths and limits of free speech. That debate has raged everywhere from online forums and college campuses to protests over racial bias in law enforcement and the Israel-Hamas war. Book bans and other acts of government censorship have troubled some First Amendment experts. Last week, the Supreme Court heard arguments about a pair of laws — in Florida and Texas — limiting the ability of social media companies such as Facebook to ban certain content from their platforms.”

Bottom line: what the architects of the police state want are submissive, compliant, cooperative, obedient, meek citizens who don’t talk back, don’t challenge government authority, don’t speak out against government misconduct, and don’t resist.

What the First Amendment protects—and a healthy constitutional republic requires—are citizens who routinely exercise their right to speak truth to power.

Yet there can be no free speech for the citizenry when the government speaks in a language of force.

What is this language of force?

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. Contempt of cop charges.

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

Unfortunately, this is how the government at all levels—federal, state and local—now responds to those who choose to exercise their First Amendment right to speak freely.

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 by voicing our opinions in public or on our clothing or before a legislative body, then we do not have free speech.

What we have instead is regulated, controlled, censored speech, and that’s a whole other ballgame.

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

Americans are being brainwashed into believing that anyone who wears a government uniform—soldier, police officer, prison guard—must be obeyed without question.

Of course, the Constitution takes a far different position, but does anyone in the government even read, let alone abide by, the Constitution anymore?

The government does not want us to remember that we have rights, let alone attempting to exercise those rights peaceably and lawfully. And it definitely does 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.

Yet by muzzling the citizenry, by removing the constitutional steam valves that allow people to speak their minds, air their grievances and contribute to a larger dialogue that hopefully results in a more just world, the government is creating a climate in which violence becomes inevitable.

When there is no First Amendment steam valve, then frustration builds, anger grows and people become more volatile and desperate to force a conversation.

As John F. Kennedy warned, “Those who make peaceful revolution impossible will make violent revolution inevitable.”

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the government is making violent revolution inevitable.

Repression, Terror, Fear: The Government Wants to Silence the Opposition

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By John & Nisha Whitehead

Source: The Rutherford Institute

“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.