Showing posts with label First Amendment to the United States Constitution. Show all posts
Showing posts with label First Amendment to the United States Constitution. Show all posts

Tuesday, September 26, 2017

Patriots And Protesters Should Take A Knee For The Constitution

Authored by John Whitehead via The Rutherford Institute,


By all means, let’s talk about patriotism and President Trump’s call for “respect for our Country, Flag and National Anthem.”


At a time when the American flag adorns everything from men’s boxers and women’s bikinis to beer koozies, bandannas and advertising billboards (with little outcry from the American public), and the National Anthem is sung by Pepper the Parrot during the Puppy Bowl, this conveniently timed outrage over disrespect for the country’s patriotic symbols rings somewhat hollow, detracts from more serious conversations that should be taking place about critical policy matters of state, and further divides the nation and ensures that “we the people” will not present a unified front to oppose the police state.


First off, let’s tackle this issue of respect or lack thereof for patriotic symbols.


As the U.S. Supreme Court has made clear, Americans have a right to abstain from patriotic demonstrations and/or actively protest that demonstration, for example, by raising one’s fist during the Pledge of Allegiance. Likewise, Americans have a First Amendment right to display, alter or destroy the U.S. flag as acts of symbolic protest speech.


In fact, in Street v. New York (1969), the Supreme Court held that the government may not punish a person for uttering words critical of the flag. The case arose after Sidney Street, hearing about the attempted murder of civil rights leader James Meredith in Mississippi, burned a 48-star American flag on a New York City street corner to protest what he saw as the government’s failure to protect Meredith. Upon being questioned about the flag, Street responded, “Yes; that is my flag; I burned it. If they let that happen to Meredith, we don’t need an American flag.”


In Spence v. Washington (1974), the Court ruled that the right to display the American flag with any mark or design upon it is a protected act of expression. The case involved a college student who had placed a peace symbol on a three by five foot American flag using removable black tape and displayed it upside down from his apartment window.


Finally, in Texas v. Johnson (1989), the Court held that flag burning was protected speech under the First Amendment.  The case arose from a demonstration near the site of the Republican National Convention in Dallas during which protesters marched through the streets, chanted political slogans, staged “die-ins” in front of several corporate offices to dramatize the consequences of nuclear war, and burned the flag as a means of political protest.


In other words, if freedom means anything, it means that those exercising their right to protest are showing the greatest respect for the principles on which this nation was founded: the right to free speech and the right to dissent. Clearly, the First Amendment to the Constitution assures Americans of the right to speak freely, assemble freely and protest (petition the government for a redress of grievances).


Whether those First Amendment activities take place in a courtroom or a classroom, on a football field or in front of the U.S. Supreme Court is not the issue: what matters is that Americans have a right—according to the spirit, if not always the letter, of the law—to voice their concerns without being penalized for it.


Second, let’s not confuse patriotism (love for or devotion to one’s country) with blind obedience to the government’s dictates. That is the first step towards creating an authoritarian regime.


One can be patriotic and love one’s country while at the same time disagreeing with the government or protesting government misconduct. Indeed, real patriots care enough to take a stand, speak out, protest and challenge the government whenever it steps out of line.


It’s not anti-American to be anti-war or anti-police misconduct or anti-racial discrimination, but it is anti-American to be anti-freedom.


America requires more than voters inclined to pay lip service to a false sense of patriotism. It requires doers—a well-informed and very active group of doers—if we are to have any chance of holding the government accountable and maintaining our freedoms.


After all, it was not idle rhetoric that prompted the Framers of the Constitution to begin with the words “We the people.”


This ultimate responsibility for maintaining our freedoms rests with the people.


Third, we need to stop acting as if showing “respect” for the country, flag and national anthem is more important than the freedoms they represent.


Listen: I served in the Army. I lived through the Civil Rights era. I came of age during the Sixties, when activists took to the streets to protest war and economic and racial injustice. As a constitutional lawyer, I defend people daily whose civil liberties are being violated, including high school students prohibited from wearing American flag t-shirts to school, allegedly out of a fear that it might be disruptive.


I understand the price that must be paid for freedom. None of the people I served with or marched with or represented put our lives or our liberties on the line for a piece of star-spangled cloth or a few bars of music: we took our stands and made our sacrifices because we believed we were fighting to maintain our freedoms and bring about justice for all Americans.


Love of country will sometimes entail carrying a picket sign or going to jail or taking a knee, if necessary, to preserve liberty and challenge injustice. And it will mean speaking up for those with whom you might disagree. Tolerance for dissent, we must remember, is a vital characteristic of the citizens of a democratic society.


The problems facing our generation are numerous and are becoming incredibly complex.


As I make clear in my book Battlefield America: The War on the American People, we’re at a very crucial crossroads in American history. We have to be well-informed, not only about current events but well-versed in the basics of our rights and duties as citizens. If not, in perceived times of crisis, we may very well find ourselves in the clutches of a governmental system that is alien to everything for which America stands.


Therein is the menace to our freedoms.


So stop falling for the distractions. Stop allowing yourself to be fooled by propaganda and partisan politics. Stop acting as if the only thing worth getting outraged about is whether a bunch of football players stand or kneel for the National Anthem.


Stop being armchair patriots and start acting like foot soldiers for the Constitution.

Sunday, September 24, 2017

The Danger Of Patriotism

Authored by Bob Livingston via Personal Liberty blog,


My friends, it is frightening how simple we are and how easily we are manipulated simply because we are intellectually lazy.



The U.S. establishment has confused cause and effect by and through a flag-waving mania in America. "Patriotism" throughout history has covered a multitude of mischief. We are seeing it now!


Phony patriotism is strong leverage against a population ignorant of the ways of treason by its own government. I also have no doubt that U.S. history is full of wars "for democracy" killing millions under the propaganda of patriotism with the majority support of the people and the full support of all but a small cadre of "elected representatives" — who are paid by the federal government, incidentally. In addition the millions of foreign dead, these wars have left hundreds of thousands of American military members dead or maimed physically and/or emotionally.


The whole world knows about the U.S. military industrial complex war machine and its pursuit of profits. But Americans tend to turn a blind eye.


When George Washington said "government is force," he meant that government is force against its own people.


Since by definition government is force, then it follows that government will use any ruse imaginable to increase its power. Increased use of government force or power could backfire unless skillfully handled and justified in the public mind. Therefore governments rarely take action unless accompanied by skillful propaganda.


The brouhaha over certain NFL players" refusal to stand for the playing of the Star Spangled Banner has erupted anew. The reaction of most Americans — who claim to believe in the Constitution and Bill of Rights — is that this expression cannot be tolerated... it is un-American... it is "unpatriotic."


But is it? Or is it not the most American of all things to resist and rebel against what we perceive as tyranny and its symbols?


If we deny one — whether through intimidation and threats, monetary sanctions or government force — his rights, are we not creating a situation where rights are just privileges that can be denied on a whim? If we support police power to invade our homes and wallets and steal our property just because government has made it "legal," are we not again conceding that rights are merely privileges?


You cannot say, "I believe in the 1st Amendment, but...; I believe in the 2nd Amendment, but...; I believe in the 4th Amendment, but..." There is no but.


And if that government making "legal" the assaults on our liberty is represented by a symbol, shouldn"t we conclude that that symbol is a symbol of tyranny? I wrote about the phony patriotism of flag worship when the Colin Kaepernick stir occurred last year.


In light of the new kerfuffle over NFL players refusing to stand, and comments to some of our columns on preserving liberty of late, I felt it was time to run it again. Here it is:


The American golden calf


As a young boy, I enjoyed my family"s bantam chickens that laid very small eggs and hatched very small chicks. Theirs was a small and miniature world.


One day one of my bantams started sitting on eggs to hatch its chicks. Something happened to her eggs but she continued to sit, so I decided to put a duck egg under her. Duck eggs are at least three times bigger than bantam eggs and take a few days longer to hatch, but she dutifully sat on the egg several days longer. She hatched the duckling and, as you can imagine, it thought that his world was normal and that the bantam hen was his mother.


The duckling eventually grew into a full sized mallard duck, probably five or six times the size of its bantam mother. The full-grown duck would follow its hen mother around as would normal chicks. It was a funny sight to watch.


But I remember thinking, even as a small boy, that the duck"s entire reality was that the bantam hen was his mother and that was the way the world worked. He had no need to consider anything else.


This is the world of the American people today. Their perceptions of reality control them and they who control their perceptions control the American people.


Our perception of America has always been that she is the mother country and ordained by God, good and just and a beacon of freedom. This is hammered into our psyches from our early days.


From pre-school up, we are taught to worship the state. I don"t know if it is still done, but in the public (non)education system, for many years, schoolchildren across the South — and elsewhere, I suppose — recited the Pledge of Allegiance each morning. Political rallies and government meetings are still often begun with a recitation of the pledge.


People say it with patriotic fervor, with their hands placed dutifully on their hearts.


Sporting events, political rallies and other public venues are often kicked off with the playing and/or singing of the Star Spangled Banner. Before the song begins, people are instructed to rise, men to remove their hats,and people place their hands over their hearts. They don"t realize its value as a propaganda tool.


We have come to equate the flag, the pledge and the national anthem with patriotism, and patriotism with government, country and support for government, support for foreign wars and veterans. Anything less is "un-American."


Beyond its patriot fervor is the almost religious fervor and religious symbolism of the American people"s actions when the pledge and the national anthem begin: the ritual standing, removal of hats, placing of hands and rote recitation. In the book of Daniel, Israelites Hananiah, Mishael and Azariah (Shadrach, Meshach and Abednego) refused to worship the golden image of Nebuchadnezzar contrary to the king"s decree. The king ordered them to be thrown into the furnace after it was turned up to seven times its normal temperature.


NFL player Colin Kaepernick created a stir last week when he refused to stand for the national anthem. He was not subsequently ordered into the furnace by the king, but he was burned symbolically by many football fans who torched their jerseys. Americans fumed that he should "leave" America if he can"t support the flag and that he had disrespected the flag, the nation and veterans.


What are we saying when we say that someone "disrespected the flag,"  "disrespected the country," "disrespected the veterans" if he chooses to not stand for the national anthem? What is the flag but a piece of cloth? By the reaction to Kaepernick, it seems it has become more of a golden calf to represent mother country or the god of government.


Our mother has become a witch. Yes, same symbols, same flag, same pledge of allegiance, but a decadent spirit controlling the perceptions of the American people, keeping them on the animal farm (controlling their perceptions) long enough to impoverish and enslave them.


Time and gradualism can change a system all the way from human liberty to slavery (the animal farm) over a few generations without anyone being aware except a very few, those who ask questions.


"America, love it or leave it," is a tired canard. One cannot leave it except at great cost. Recall that in 1860-1861 11 states attempted to "leave it" in order to preserve their liberty and rights as sovereign states. They were branded as "insurrectionists" and attacked by the War Party and the result was their economic and social destruction, subjugation and the deaths of some 850,000 people (the equivalent of about 8.5 million people today). When one talks of secession today he"s branded as a racist, crazy or a radical and told secession is "illegal."


One can love his country but hate his government and its actions. I love America but not the people who control America and its government. I love America, but its rulers are alien to individual freedom, its government now anathema to liberty.


If the flag is symbolic of government and that government lies at every turn, enslaves its people, steals from their labor, passes laws that are an execration to their Christian faith, takes from them their liberty, mandates the murder of 1 million babies a year, imports tens of thousands of immigrants to replace American workers and drive down wages, and that makes war on other countries that have not threatened us, why should any acknowledge its presence with more than a sneer?


Wars are not for patriotism and "democracy," as we are propagandized. And our freedom has not been threatened by outside forces in 200 years. Wars are to kill; i.e., mass ritual murder. Additionally, big business and globalist banksters in league with Satan reap massive profits for the killing and sacrifice of young men (lambs) on all sides of combat.


If the flag is symbolic of the Constitution, that Constitution died long ago — destroyed by a crony railroad lawyer and mercantilist who made war on a sovereign people to benefit monied interests.


If the flag is symbolic of freedom, that freedom no longer exists — stolen long ago by crony corporations and globalist banksters and unaccountable oligarchical black-robed satanists and idol worshippers who usurped their authority created laws out of thin air under the guise of "interpreting the Constitution" a dictate not granted them under the original document.


The phony form of patriotism instilled within the population is strong leverage against independent thinking, keeping people ignorant of the treason by our own government.


America today is a more advanced state of fascism than World War II Germany and Italy. Fascism never identifies itself as totalitarianism. It always calls itself democracy.


Democracy is the politically correct word and cover term for modern American fascism.


American fascism has all the attributes and trappings of benevolent totalitarianism. No, benevolent totalitarianism is not an oxymoron.


The word benevolent in this instance means that the general perception of the population of the American system is that it is benevolent. This is only to say that modern America is full-blown fascism with a pretty face. It is every bit as deadly to human liberty as any tyranny in history and I would add far more sinister because of its propaganda sophistication.


Any regime that can spin tons of fiat paper money with printing presses or electronically is a slave system regardless of what it calls itself or regardless of the general population"s perception of it.


Our mother has been transformed into a witch no matter how much we love her.

Wednesday, May 3, 2017

It’s Not Free Speech if You Don’t Have a License

Via The Daily Bell


Should free speech cover criticizing the government? That is kind of the whole point, right?


An Oregon man is suing Portland for violating his first amendment right to free speech after he was fined $500 for calculating how long yellow lights stay yellow and then speaking publicly about it.


Free speech? No. The city considers making and disseminating calculations about public works “engineering without a license.”


The lawsuit states:



This is a civil-rights lawsuit to vindicate the right of Plaintiff Mats Järlström to talk and write freely without fear of government punishment. Järlström wants to write and speak publicly about a matter of local, state, and nationwide concern: the safety and fairness of traffic lights and traffic-light cameras. Specifically, Järlström wishes to communicate about the mathematics behind traffic-light timing. If he does so in Oregon, however, he will be exposed to government investigation and punishment for engaging in the unlicensed “practice of engineering.” In fact, between February 2015 and January 2017, Järlström was investigated and fined for “critiquing” the standard formula for calculating traffic-light timing and for sharing his ideas with “members of the public.” Under Oregon’s Professional Engineer Registration Act (Act), Or. Rev. Stat. §§ 672.002 et seq., only state-licensed professional engineers are entitled to speak publicly on these sorts of topics. For everyone else—in the words of the Oregon State Board of Examiners for Engineering and Land Surveying (Board)—sharing “reports, commentary, and testimony” on technical subjects is “clearly not protected speech.”


…But speech like Järlström’s is exactly what the First Amendment’s Speech and Petition Clauses exist to protect.



Obviously, the city is just trying to silence and intimidate him so they can keep making money off of red light cameras. His point was that the yellow lights were too short to properly allow motorists to stop.


By the government’s definition of free speech, you basically are not allowed to criticize or even petition the government at all.


What if this same standard was applied elsewhere in government?


We could easily get to a point where any speech about government actions is not protected unless you are an expert in the field–the government, of course, deciding who qualifies as an expert.


Should accountants be the only ones allowed to publicly advocate a tax policy?  Perhaps only licensed law enforcement could criticize the police. And surely if you are not a legislator, the intricacies of bills and laws are off limits to discuss.


What an open and public dialogue that would promote!


And as for the issue of traffic light cameras issuing tickets, that in itself should never have been permitted. The government takes a picture of a car and accuses the owner of a crime, regardless of who was driving the vehicle. And then, you must either pay the fine or prove yourself innocent! So much for due process. So much for the government having to prove you committed a crime. Innocent until proven guilty? What an inconvenience for a government!


There are various reports online of how to beat a red light camera traffic ticket. Even so, it will take multiple visits to the court, which waste time and money, and even then you might be forced to fork over the cash!


That is why most people just pay the fine, and forget about it. The system is rigged against the recipients of tickets. Everyone knows the time wasted in fighting a traffic ticket will overshadow any money saved if it is dismissed.


Still, if you have the time, and are bothered by the principle of it, it may be worth fighting the ticket to at least make the court work for its theft.


Interestingly, one of the tutorials online about how to fight traffic cameras suggests visiting the site of the infraction:



Time the traffic light as it transitions from yellow-to-red. If the timing is minimal, you might be able to stage an argument in court that there is not enough time to safely bring your vehicle to a stop at the particular intersection.



Would Oregon even allow this evidence in court? Perhaps they would instead slap and extra fine on top of the red light ticket for public engineering. After all, only state licensed engineers are allowed to testify publicly on technical issues.

Monday, April 17, 2017

Wellesley College Student Newspaper Endorses Violence Against Unpopular Speech

Authored by Derek Hunter via DailyCaller.com,


Wellesley College made news last month when professors declared “speakers with ‘objectionable’ views are not only offensive to students, but actually diminish their liberty.” Now, the student newspaper at the elite private college has taken it a step further – justifying violence against anyone who “either continue to speak hate speech or refuse to adapt their beliefs” to accepted progressive norms, saying “then hostility may be warranted.”



The shocking statement came in an editorial in the student newspaper, The Wellesley News, entitled “Free Speech Is Not Violated At Wellesley.”





“Wellesley students are generally correct in their attempts to differentiate what is viable discourse from what is just hate speech,” the paper declared.



“Shutting down rhetoric that undermines the existence and rights of others is not a violation of free speech; it is hate speech. The founding fathers put free speech in the Constitution as a way to protect the disenfranchised and to protect individual citizens from the power of the government.”



The editorial board at the paper then ascribes a new meaning to the First Amendment.





“The spirit of free speech is to protect the suppressed, not to protect a free-for-all where anything is acceptable, no matter how hateful and damaging,” the demand.



The reason “hate speech” exists is that the United States is a racist country, according to the paper.





“We have all said problematic claims, the origins of which were ingrained in us by our discriminatory and biased society. Luckily, most of us have been taught by our peers and mentors at Wellesley in a productive way,” the paper continues.



As for speakers and student who do not conform to what the paper deems acceptable speech, the editorial says violence may be justified.





“(I)f people are given the resources to learn and either continue to speak hate speech or refuse to adapt their beliefs, then hostility may be warranted,” the editorial states.



“If people continue to support racist politicians or pay for speakers that prop up speech that will lead to the harm of others, then it is critical to take the appropriate measures to hold them accountable for their actions. It is important to note that our preference for education over beration regards students who may have not been given the chance to learn. Rather, we are not referring to those who have already had the incentive to learn and should have taken the opportunities to do so,” the paper concludes.


Tuesday, December 13, 2016

Ron Paul: The War On "Fake News" Is A War On Free Speech

Authored by Ron Paul via The Ron Paul Institute for Peace & Prosperity,


A major threat to liberty is the assault on the right to discuss political issues, seek out alternative information sources, and promote dissenting ideas and causes such as non-interventionism in foreign and domestic affairs. If this ongoing assault on free speech succeeds, then all of our liberties are endangered.


One of the most common assaults on the First Amendment is the attempt to force public policy organizations to disclose their donors. Regardless of the intent of these laws, the effect is to subject supporters of controversial causes to harassment, or worse. This harassment makes other potential donors afraid to support organizations opposing a popular war or defending the rights of an unpopular group.


Many free speech opponents support laws and regulations forbidding activist or educational organizations from distributing factual information regarding a candidate’s positions for several months before an election. The ban would apply to communications that do not endorse or oppose any candidate. These laws would result in the only sources of information on the candidate’s views being the campaigns and the media.


Recently the Federal Election Commission (FEC) rejected a proposal to add language exempting books, movies, and streaming videos from its regulations. The majority of FEC commissioners apparently believe they should have the power, for example, to ban Oliver Stone’s biography of Edward Snowden, since it was released two months before the election and features clips of Hillary Clinton and Donald Trump discussing Snowden.


The latest, and potentially most dangerous, threat to the First Amendment is the war on “fake news.” Those leading the war are using a few “viral” Internet hoaxes to justify increased government regulation — and even outright censorship — of Internet news sites. Some popular websites, such as Facebook, are not waiting for the government to force them to crack down on fake news.


Those calling for bans on “fake news” are not just trying to censor easily-disproved Internet hoaxes. They are working to create a government-sanctioned "gatekeeper" (to use Hillary Clinton’s infamous phrase) with the power to censor any news or opinion displeasing to the political establishment. None of those wringing their hands over fake news have expressed any concern over the fake news stories that helped lead to the Iraq War. Those fake news stories led to the destabilizing of the Middle East, the rise of ISIS, and the deaths of millions.


The war on “fake news” has taken a chilling turn with efforts to label news and opinion sites of alternative news sources as peddlers of Russian propaganda. The main targets are critics of US interventionist foreign policy, proponents of a gold standard, critics of the US government’s skyrocketing debt, and even those working to end police militarization. All have been smeared as anti-American agents of Russia.


Just last week, Congress passed legislation creating a special committee, composed of key federal agencies, to counter foreign interference in US elections. There have also been calls for congressional investigations into Russian influence on the elections. Can anyone doubt that the goal of this is to discredit and silence those who question the mainstream media’s pro-welfare/warfare state propaganda?


The attempts to ban “fake news;” smear antiwar, anti-Federal Reserve, and other pro-liberty movements as Russian agents; and stop independent organizations from discussing a politician’s record before an election are all parts of an ongoing war on the First Amendment. All Americans, no matter their political persuasion, have a stake in defeating these efforts to limit free speech.