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OpEdNews Op Eds    H3'ed 6/6/19

How the Police State Muzzles Our Right to Speak Truth to Power

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If you don't want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you. Don't argue with me, don't call me names, don't tell me that I can't stop you, don't say I'm a racist pig, don't threaten that you'll sue me and take away my badge. Don't scream at me that you pay my salary, and don't even think of aggressively walking towards me.

This is not the attitude of someone who understands, let alone respects, free speech.

Then again, 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.

Just recently, in fact, the U.S. Supreme Court issued a ruling protecting 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).

In Nieves v. Bartlett, the Court ruled 6-3 to dismiss the case of Russell Bartlett, an Alaska resident who was arrested at an outdoor festival for disorderly conduct and resisting arrest after he refused to be interrogated by police and then intervened when police attempted to question other attendees about their drinking. While at a campsite party, Bartlett exercised his First Amendment right to refrain from speaking with a state trooper who was monitoring the event for underage alcohol consumption. Bartlett later intervened after observing another Trooper questioning a fellow camper in what he believed was an improper manner. At one point, one of the troopers reportedly caused Bartlett to stumble, then forced him to the ground, threatened to tase him if he resisted, and arrested him for disorderly conduct and resisting arrest. The charges were later dismissed. Bartlett sued, asserting that he was arrested in retaliation for challenging the Troopers' authority. Although the Court recognized that people have a right to be free from a retaliatory arrest over lawful First Amendment activities, it ruled that if police have probable cause for the arrest, the person cannot sue for a free speech violation unless they can show that someone else was not arrested for the same actions.

Another case currently before the Supreme Court, Ogle v. State of Texas, involves the prosecution of a Texas man who faces up to one year in jail and a $4,000 fine for sending emails to police criticizing them for failing to respond to his requests for assistance. Scott Ogle was charged with sending complaints to a sheriff's office, including one email stating that officials were "pissing" on the Constitution. The Texas law under which Ogle was charged makes it a crime to send "annoying," "alarming" or "harassing" electronic messages. The law is so overboard that it could be used to punish a negative review of a restaurant posted online or caustic Facebook posts.

In yet another case, a rapper was charged with making terroristic threats after posting a song critical of police on Facebook and YouTube. In refusing to hear the case of Knox v. Pennsylvania, the Supreme Court paved the way for individuals who engage in controversial and unpopular political or artistic expression, by criticizing the police for example, to be labeled terrorists and subject to prosecution and suppression by the government. Police had been actively monitoring rapper Jamal Knox's (a.k.a. "Mayhem Mal") social media presence when they discovered the song titled "F**k the Police" and charged Knox and his rap partner with multiple counts of terroristic threats and witness intimidation.

These cases reflect a growing awareness about the state of free speech in America: it's all a lie.

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.

Protest laws, free speech zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws, and a host of other legalistic maladies dreamed up by politicians and prosecutors are aimed at one thing only: discouraging dissent and reminding the populace that resistance to the tyranny of the police state is futile.

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John W. Whitehead is an attorney and author who has written, debated and practiced widely in the area of constitutional law and human rights. Whitehead's aggressive, pioneering approach to civil liberties has earned him numerous accolades and (more...)
 

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