From the Archives - Nipping ahead of regulators: Nick Gillespie discusses Reason.tv, free speech, and restraint (2010)

Nipping ahead of regulators: Nick Gillespie discusses Reason.tv, free speech, and restraint
August 2, 2010 3:27 AM MST

Reason.tv was started in October 2007 as a video journalism site designed to complement the work of the Reason Foundation, the print edition of Reason magazine, and the magazine’s web site, Reason.com.

Since then, according to Reason.tv’s editor-in-chief, Nick Gillespie, the site has grown every month, not only “in terms of web traffic but more importantly in terms of a kind of recognition among free-market-oriented, libertarian think tanks [for which] we are setting the standard for video.”

Gillespie spoke with the Charlottesville Libertarian Examiner after a panel discussion hosted at Reason’s Washington office on July 12. (Another article based on this interview with Gillespie, focusing on the potential for privatizing Virginia’s liquor trade, appeared on Examiner.com on July 19.)

Measures of Success
In addition to its own web site, Reason.tv has a YouTube channel with 410 uploaded videos that have been viewed at least 5,840,679 times; it also has 16,363 subscribers and 7,398 “friends” on YouTube.

From among those 400-plus videos, Gillespie points to two of them as his favorites.

“One of them,” he says, “is Reason Saves Cleveland with Drew Carey, a fifty minute, six-part series about how Cleveland might turn around a 60-year decline in population and economic fortunes. It’s a really interesting piece where we leverage all of the expertise we have in the public policy division of Reason Foundation, the journalism angle, etc.”

The other one he likes is called “UPS vs. FedEx, which was a two-minute long piece that looked at the way in which UPS is trying to get FedEx’s labor classification reclassified. We used a technologically advanced understanding of green screens and white screens and we had a lot of fun with it. It got a very complex message out in a very short period of time.”

Finding Government Nannies
A regular feature on Reason.tv is the “Nanny of the Month,” which looks at examples of paternalistic government action. Gillespie explained how he and his team find these “Nannies.”

Nick Gillespie

“We find the Nanny of the Month through two ways,” he said, first through original reporting by the staff of Reason, and second, through submissions by readers. “We get a hell of a lot – 50 to 100 – submissions a month.”

Gillespie noted that “that’s actually one of the things that’s interesting about the Web in general, that it’s a distributed intelligence network, so we’re getting a lot of information from people” who are strangers to the organization but who nonetheless “send us stuff.”

As the interview drew to a close, Gillespie mused that, “if there’s a message from Reason.tv, it’s that the 21st century, far from delivering on the utopian dreams of the 20th century, is a weird world where technology has continued to barely nip ahead of [the] government regulators at their heels across a wide variety of levels.”

Still, he remains optimistic, expressing the hope that “we’ll be able to outpace” government controls. The problem he sees is that the past two administrations – George W. Bush’s and Barack Obama’s – each have tried to restrict liberty in their own ways.

‘Worst continuity possible’
“This is something that I think people should understand,” he said, “which is that we tend to think in dichotomous terms about conservatives/liberals [or] Republicans/Democrats,” but these artificial divisions are “wrong.”

Gillespie pointed out that “George Bush signed the most restrictive campaign finance regulation act known to history, the McCain-Feingold law, which was then basically routed around by new technology. Barack Obama wants to control your political speech, he wants to control what is available on cable and satellite TV, and he wants to control what you can buy and sell on the Internet, just like George Bush.”

He concluded:

“Anybody who considers himself a liberal or a conservative should be concerned because what we are seeing is the worst continuity possible between a conservative Republican and a liberal Democrat.”



Publisher's note: This article was originally published on Examiner.com on August 2, 2011. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

From the Archives: Charlottesville civil liberties lawyer assesses 2012-13 Supreme Court term

Charlottesville civil liberties lawyer assesses 2012-13 Supreme Court term
June 29, 2013 11:10 PM MST

After 40 years of practicing law, Rutherford Institute founder John Whitehead says he is “creeped out” by the decline in respect for civil liberties in the United States.

Whitehead, author of the new book, A Government of Wolves: The Emerging American Police State (released June 25 by SelectBooks), spoke to the Charlottesville Libertarian Examiner at the Barracks Road Barnes & Noble just before delivering a talk about his fears of increasing authoritarianism in the United States.

A longtime civil-liberties attorney who once represented Paula Jones in her lawsuit against President Bill Clinton, Whitehead offered his assessment of the U.S. Supreme Court term that ended on June 26 with a pair of rulings about gay marriage.

“One of the worst” terms ever, he said sharply.

This year, he said, the Supreme Court “basically upheld policemen taking you into custody and not giving you your Miranda warnings.” The Court also, he explained, eroded the Fifth Amendment privilege against self-incrimination because “now by being silent it's evidence of guilt.”

The Court, he added “approved the strip searching of anybody. If you're arrested now you can be strip searched by police for minor offenses like running a stop sign.”

'Statist Supreme Court'

“What I'm seeing is a very statist Supreme Court,” Whitehead explained.

“Some people say it's a right-wing Supreme Court. Well, I'm not sure it's right-wing. I put it more in the statist camp.”

He said the voting rights decision (in Shelby County v. Holder) was made “as if racism's no longer in America. Well, what I'm seeing in America is, there is a lot of racism.”

He gave the example of how “90 percent of the people who are arrested for marijuana offenses in New York City are either African-American or Hispanic but all evidence shows that whites smoke marijuana at a much higher rate than people with brown skin.”

Justices of the Supreme Court, Whitehead cautioned, are “living in an ivory tower.”

Supreme Court members are “chauffeured about in limousines and they don't know what we have to go through out here, especially if we're people of color.”

Dissenters

On Fourth Amendment rights, Whitehead noted that “Justice [Antonin] Scalia, whom I've been critical of in the past, and the women on the Supreme Court have been great in their dissents.”

Four instance, he said, those four justices objected “to the forced taking of DNA from people now. If you're arrested for anything, they can go into your body and take your DNA.”

The DNA decision is part of what Whitehead calls “the new movement toward bodily probing.”

He explained that, “in large cities across the country, police are stopping men on the street and doing rectum searches, sometimes causing bleeding. This is without a warrant, without arresting them.”

He gave the example of how recently in Texas, “two women were pulled over for throwing a cigarette out of a car. The policeman accused them of smoking marijuana” but when he found no cannabis in the car, “he called for back up, [who] did vaginal and rectum searches on the women without changing their gloves.”

Those Texas police officers, he said, have “been sued for a million and a half – and they should have been sued.”

'462 words'

Offering advice to citizens, Whitehead warned, “I just say, be alert. Let's read the Bill of Rights again. Most people don't even know what's in the Bill of Rights. It's 462 words but most people have never read it. Can you believe that? 462 words, you can read it in less than five minutes.”

Because “we're not teaching [the Constitution] in school anymore, people don't know” what it says.

“If you're stopped on the street and they want to do a really weird search on you,” Whitehead advised, “assert your Fourth Amendment rights.” The police “have to have probable cause.” Before they begin a search, he said, citizens should ask, “Am I doing something illegal, officer?”

Next: John Whitehead talks about the growing American police state.


Publisher's note: This article was originally published on Examiner.com on June 29, 2013. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

You Keep Using That Phrase, I Do Not Think It Means What You Think It Means

An article published this week in Foreign Policy brought to mind the memetic line of Inigo Montoya from The Princess Bride, "You Keep Using That Word, I Do Not Think It Means What You Think It Means."

Writing under the headline "Economic Rights Are Human Rights," Yale University's Samuel Moyn shows by the second paragraph of his article that he doesn't know what he's talking about:

For 40 years, America’s human rights policy has focused narrowly on political and civil liberties and has been coupled with a free market libertarian agenda for the world. By neglecting social and economic rights and the vast disparities both within and among nations, U.S. policy has exacerbated many of the evils it set out to eradicate. It needs an overhaul.

A "free market libertarian agenda for the world" is exactly what has promoted economic rights and liberties for the past generation. By promoting free market policies around the world, poverty has been reduced to a tiny fraction of what it was only 40 years ago. People nearly everywhere are healthier, wealthier, and better educated than their parents and grandparents were.

Why only "nearly everywhere"? Because some countries have refused to liberalize their economies, thus perpetuating and deepening the poverty experienced by all but the political elites and their cronies in the limited business sector. Compare, for instance, Botswana and Zimbabwe -- neighboring countries but one is politically free and economically prosperous while the other is both politically oppressed and economically depressed.  The conditions on both sides of the Botswana-Zimbabwe border are inextricably intertwined.

Check out anything posted to HumanProgress.org if you are skeptical of my claims.

By the way, I clicked on the article;s link because I agree with the headline: Economic rights are, indeed, human rights.  In fact, I addressed that issue from a somewhat different angle way back in 1991, just as the economic freedom revolution began to advance around the globe.

From the Archives: Rutherford Institute asks local lawmakers to speak out against drones

Rutherford Institute asks local lawmakers to speak out against drones
January 23, 2013 1:11 AM MST

A Charlottesville public-interest law firm has sent a letter to both the Charlottesville City Council and the Albemarle County Board of Supervisors warning of the dangers to civil liberties posed by the use of drones and asking both bodies to pass resolutions demanding protections against drones' misuse.

In a letter dated January 21 and addressed to Charlottesville Mayor Satyendra Huja, Rutherford Institute president John Whitehead points out that recent legislation signed by President Barack Obama “has opened the door for unmanned aerial vehicles” (drones) to fly in the skies of the United States.

In the letter, Whitehead cites predictions that by 2020, there may be as many as 30,000 drones operating in U.S air space. He calls these drones “robotic threats to privacy and security.”

Threats to civil liberties

Whitehead expresses his hope that Charlottesville's City Council will “not only give serious consideration to the dangers posed to our freedoms by these aerial devices but ensure that the people of Charlottesville are protected against any resulting incursions on their rights” that are guaranteed by the U.S. Constitution.

To that end, Whitehead sent a copy of a Rutherford Institute-drafted model resolution for consideration by the city council and the county supervisors.

The resolution is intended to “encourage the General Assembly of Virginia to provide for limitations on the use of evidence obtained from the domestic use of drones and to preclude the domestic use of drones equipped with anti-personnel devices” (that is, weapons).

It notes that “the federal government and the Commonwealth of Virginia have thus far failed to provide reasonable legal restrictions on the use of drones within the United States” and that police departments have started to use drone technology without “any guidance or guidelines from lawmakers.”

In plain language, the resolution calls on Congress and the Virginia General Assembly “to adopt legislation prohibiting information obtained from the domestic use of drones from being introduced into a Federal or State court, and precluding the domestic use of drones equipped with anti-personnel devices, meaning any projectile, chemical, electrical, directed-energy (visible or invisible), or other device designed to harm, incapacitate, or otherwise negatively impact a human being.”

'Get in an uproar'

In an interview on Coy Barefoot's afternoon drive-time radio program on WINA-AM Monday, Whitehead suggested that “if enough cities across the country were to get in an uproar about” the civil liberties threats of drones, “we might be able to limit them some.”

He pointed out that already-existing technology allows drones to “be able to see through the walls of your home.” They are powerful enough, he said, “they are able to watch you in your homes, connect up with all the [electronic] devices in your homes.”

The drones, he said, “are amazing devices,” which include “hummingbird drones that come up to your window and watch you in your home.” Other, non-flying drones look like dogs and can walk "up to your front door.”

Citing Martin Luther King, Jr., Whitehead warned that “it's time to stand up and fight back,” and said that, in the absence of federal limits on drone use, local and state governments must act.

Experts, he said, are “freaking.” If, he said, there is a device “that flies over your home that can see you in your kitchen or upstairs using the bathroom or having sex with your wife, we've entered a whole new era” of threats to privacy and personal liberty.

Drones, he said, are “beyond Orwell. It's scary stuff.”


Publisher's note: This article was originally published on Examiner.com on January 23, 2013. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

Guest Post - John Whitehead on The Deep State’s Christmas Present to America: Surveillance That Never Ends

By John W. Whitehead
December 11, 2017

“He sees you when you’re sleeping
He knows when you’re awake
He knows when you’ve been bad or good
So be good for goodness sake!”
—“Santa Claus Is Coming to Town”

Just in time for Christmas, the Deep State wants to give America the gift that keeps on giving: never-ending mass surveillance.

I’m not referring to the kind of surveillance carried out by that all-knowing and all-seeing Jolly Old St. Nick and his informant the Elf on the Shelf (although, to be fair, they have helped to acclimate us to a world in which we’re always being watched and judged by higher authorities).

No, this particular bit of Yuletide gift-giving comes courtesy of the Deep State (a.k.a. the Surveillance State, Police State, Shadow Government and black-ops spy agencies).

John Whitehead

If this power-hungry cabal gets its way, the government’s power to spy on its citizens will soon be all-encompassing and permanent.

As it now stands, Section 702 of the Foreign Intelligence Surveillance Act—the legal basis for two of the National Security Agency’s largest mass surveillance programs, “PRISM” and “Upstream”—is set to expire at the end of 2017.

“PRISM” lets the NSA access emails, video chats, instant messages, and other content sent via Facebook, Google, Apple and others. “Upstream” lets the NSA worm its way into the internet backbone—the cables and switches owned by private corporations like AT&T that make the internet into a global network—and scan traffic for the communications of tens of thousands of individuals labeled “targets.”

Just as the USA Patriot Act was perverted from its original intent to fight terrorism abroad and was used instead to covertly crack down on the American people (allowing government agencies to secretly track Americans’ financial activities, monitor their communications, and carry out wide-ranging surveillance on them), Section 702 has been used as an end-run around the Constitution to allow the government to collect the actual content of Americans’ emails, phone calls, text messages and other electronic communication without a warrant.

Under Section 702, the government collects and analyzes over 250 million internet communications every year. There are estimates that at least half of these contain information about U.S. residents, many of whom have done nothing wrong. This information is then shared with law enforcement and “routinely used for purposes unrelated to national security.”

Mind you, this is about far more than the metadata collection that Edward Snowden warned us about, which was bad enough. Section 702 gives the government access to the very content of your conversations (phone calls, text messages, video chats), your photographs, your emails. As Rep. Thomas Massie, R-Ky., warned, “This is not just who you send it to, but what’s in it.”

Unfortunately, Big Brother doesn’t relinquish power easily.

The Police State doesn’t like restrictions.

And the Surveillance State certainly doesn’t look favorably on anything that might weaken its control. Even after Congress limited the NSA’s ability to collect bulk phone records, the agency continued to do so, vacuuming up more than 151 million records of Americans’ phone calls last year alone.

A government that doesn’t heed its constituents, doesn’t abide by the law, and kowtows to its police and military forces? That’s a dictatorship anywhere else.

Here in America, you can call it “technotyranny,” a term coined by investigative journalist James Bamford to refer to an age of technological tyranny made possible by government secrets, government lies, government spies and their corporate ties.

Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it will all be recorded, stored and used against you eventually, at a time and place of the government’s choosing. Privacy, as we have known it, is dead.

For all intents and purposes, we now have a fourth branch of government.

This fourth branch came into being without any electoral mandate or constitutional referendum, and yet it possesses superpowers, above and beyond those of any other government agency save the military. It is all-knowing, all-seeing and all-powerful. It operates beyond the reach of the president, Congress and the courts, and it marches in lockstep with the corporate elite who really call the shots in Washington, DC.

The government’s “technotyranny” surveillance apparatus has become so entrenched and entangled with its police state apparatus that it’s hard to know anymore where law enforcement ends and surveillance begins.

The short answer: they have become one and the same entity.

The police state has passed the baton to the surveillance state.

Having already transformed local police into extensions of the military, the Department of Homeland Security, the Justice Department and the FBI are preparing to turn the nation’s soldier cops into techno-warriors, complete with iris scanners, body scanners, thermal imaging Doppler radar devices, facial recognition programs, license plate readers, cell phone Stingray devices and so much more.

This is the new face of policing in America.

Enter big data policing which gives the nation’s 17,000 police agencies access to a growing “investigative” database that maps criminal associates and gangs, as well as their social and familial connections.

As Slate reports, “These social network systems, which target ‘chronic offenders,’ also include information about innocent associates, family members, and friends, creating extensive human maps of connections and patterns of contacts.” Those individuals then get assigned a threat score to determine their risk of being a perpetrator or victim of a future crime.

In Chicago, for example, “individuals with the highest scores on the Chicago Police Department ‘heat list’ get extra attention in the form of home visits or increased community surveillance.”

In Baltimore, police are using Cessna planes equipped with surveillance systems to film entire segments of the city, then combining that footage with police reports in order to “map the comings and goings of everyone—criminals and innocents alike.”

In this way, big data policing not only expands Big Brother’s reach down to the local level, but it also provides local police—most of whom know little about the Constitution and even less about the Fourth Amendment—with a new technological weapon to deploy against an unsuspecting public.

The end result is pre-crime, packaged in the guise of national security but no less sinister.

All of those individuals who claim to be unconcerned about government surveillance because they have nothing to hide, take note: pre-crime policing—given a futuristic treatment in Steven Spielberg’s Minority Report—aims to treat you like a criminal before you’ve ever even committed a crime.

This hasn’t fazed President Trump who, much like his predecessors, has thus far marched in lockstep with the dictates of the police state.

For months, the Trump Administration has been actively lobbying Congress to reauthorize Section 702 in its entirety. Now, according to The Intercept, Trump is actively considering a proposal to establish his own global, private spy network that would circumvent official U.S. intelligence agencies and answer directly to the White House.

If approved, this would be yet another secret government agency carrying out secret surveillance and counterintelligence, funded by a secret black ops budget that by its very nature does away with transparency, bypasses accountability and completely eludes any form of constitutionality.

According to The Washington Post, there are more than a dozen “black budget” national intelligence agencies already receiving more than $52.6 billion in secret government funding. Among the top five black ops agencies currently are the CIA, the NSA, the National Reconnaissance Office, the National Geospatial-Intelligence Program, and the General Defense Intelligence Program.

A significant chunk of that black ops money has been flowing to Silicon Valley since before there was an internet, itself a creation of the military/security industrial complex.

Earlier this year, Amazon announced that it would be storing classified information for U.S. spy agencies in its digital cloud, part of a $600 million contract with the nation’s intelligence agencies.

Two decades earlier, America’s spy agencies tapped Silicon Valley to spearhead research into ways of tracking individuals and groups online. That research, as documented by Jeff Nesbit, the former director of legislative and public affairs at the National Science Foundation, culminated in the creation of a massive public-private surveillance state that hinged on a partnership between the NSA, the CIA and Google.

“The research arms of the CIA and NSA hoped that the best computer-science minds in academia could identify what they called ‘birds of a feather,’” writes Nesbit. He continues:

Their research aim was to track digital fingerprints inside the rapidly expanding global information network, which was then known as the World Wide Web… By working with emerging commercial-data companies, their intent was to track like-minded groups of people across the internet and identify them from the digital fingerprints they left behind, much like forensic scientists use fingerprint smudges to identify criminals. Just as “birds of a feather flock together,” they predicted that potential terrorists would communicate with each other in this new global, connected world—and they could find them by identifying patterns in this massive amount of new information. Once these groups were identified, they could then follow their digital trails everywhere.

The problem, of course, is that the government always sets its sights higher.

It wasn’t long before the government’s search for criminal “birds of a feather”—made much easier with the passage of the USA Patriot Act—lumped everyone together and treated all of the birds (i.e., the public) as criminals to be identified, tracked, monitored and subjected to warrantless, suspicionless surveillance.

Fast forward to the present moment when, on any given day, the average American is now monitored, surveilled, spied on and tracked in more than 20 different ways by both government and corporate eyes and ears.

Every second of every day, the American people are being spied on by the U.S. government’s vast network of digital Peeping Toms, electronic eavesdroppers and robotic snoops.

Whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency is listening in and tracking you. This doesn’t even begin to touch on the complicity of the corporate sector, which buys and sells us from cradle to grave, until we have no more data left to mine. These corporate trackers monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere and share the data with the government.

Just about every branch of the government—from the Postal Service to the Treasury Department and every agency in between—now has its own surveillance sector, authorized to collect data and spy on the American people. Then there are the fusion and counterterrorism centers that gather all of the data from the smaller government spies—the police, public health officials, transportation, etc.—and make it accessible for all those in power.

These government snoops are constantly combing through and harvesting vast quantities of our communications, then storing it in massive databases for years. Once this information—collected illegally and without any probable cause—is ingested into NSA servers, other government agencies can often search through the databases to make criminal cases against Americans that have nothing to do with terrorism or anything national security-related. One Justice Department lawyer called the database the “FBI’s ‘Google.’”

In other words, the NSA, an unaccountable institution filled with unelected bureaucrats, operates a massive database that contains the intimate and personal communications of countless Americans and makes it available to other unelected bureaucrats.

Talk about a system rife for abuse.

Ask the government why it’s carrying out this warrantless surveillance on American citizens, and you’ll get the same Orwellian answer the government has been trotting out since 9/11 to justify its assaults on our civil liberties: to keep America safe.

Yet warrantless mass surveillance by the government and its corporate cohorts hasn’t made America any safer. And it certainly isn’t helping to preserve our freedoms. Frankly, America will never be safe as long as the U.S. government is allowed to shred the Constitution.

Now the government wants us to believe that we have nothing to fear from its mass spying program because they’re only looking to get the “bad” guys who are overseas.

Don’t believe it.

The government’s definition of a “bad” guy is extraordinarily broad, and it results in the warrantless surveillance of innocent, law-abiding Americans on a staggering scale. They are conducting this mass surveillance without a warrant, thus violating the core principles of the Fourth Amendment which protects the privacy of all Americans.

Warrantless mass surveillance of American citizens is wrong, un-American, and unconstitutional.

Clearly, the outlook for reforming the government’s unconstitutional surveillance programs does not look good.

As I make clear in my book Battlefield America: The War on the American People, whenever the rights of the American people are pitted against the interests of the military/corporate/security complex, “we the people” lose. Unless Congress develops a conscience—or suddenly remembers that they owe their allegiance to the citizenry and not the corporate state—we’re about to lose big.

It’s time to let Section 702 expire or reform the law to ensure that millions and millions of Americans are not being victimized by a government that no longer respects its constitutional limits.

Mark my words: if Congress votes to make the NSA’s vast spying powers permanent, it will be yet another brick in the wall imprisoning us within an electronic concentration camp from which there is no escape.

WC: 2229

ABOUT JOHN W. 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. Whitehead can be contacted at johnw@rutherford.org.

Reprinted by permission of The Rutherford Institute.

Guest Post: John Whitehead on 'What Went Wrong in Charlottesville"

“In this present crisis, government is not the solution to our problem, government IS the problem.”—Ronald Reagan

Corruption. Graft. Intolerance. Greed. Incompetence. Ineptitude. Militarism. Lawlessness. Ignorance. Brutality. Deceit. Collusion. Corpulence. Bureaucracy. Immorality. Depravity. Censorship. Cruelty. Violence. Mediocrity. Tyranny.

These are the hallmarks of an institution that is rotten through and through.

What you smell is the stench of a dying republic. Our dying republic.

The American experiment in freedom is failing fast.

John Whitehead (c) 2013 Rick Sincere

Through every fault of our own—our apathy, our ignorance, our intolerance, our disinclination to do the hard work of holding government leaders accountable to the rule of law, our inclination to let politics trump longstanding constitutional principles—we have been reduced to this sorry state in which we are little more than shackled inmates in a prison operated for the profit of a corporate elite.

We have been saddled with the wreckage of a government at all levels that no longer represents the citizenry, serves the citizenry, or is accountable to the citizenry.

We’re not the masters anymore.

It doesn’t matter whether you’re talking about the federal government, state governments, or local governing bodies: at all ends of the spectrum and every point in between, a shift has taken place.

“We the people” are not being seen, heard or valued.

We no longer count for much of anything beyond an occasional electoral vote and as a source of income for the government’s ever-burgeoning financial needs.

Everything happening at the national level is playing out at the local level, as well: the violence, the militarization, the intolerance, the lopsided governance, and an uneasy awareness that the citizenry have no say in how their communities are being governed.

Take my own hometown of Charlottesville, Virginia, for instance.

In recent years, Charlottesville has been plagued by government leaders who are tone-deaf, focused on their own aggrandizement, and incapable of prioritizing the needs of their constituents over their own personal and political agendas; law enforcement officials for whom personal safety, heavy-handed militarized tactics, and power plays trump their duty to serve and protect; polarized citizens incapable of finding common ground, respecting each other’s rights, or agreeing to disagree; and a community held hostage by political correctness, divisive rhetoric and a growing intolerance for any views that may be unpopular or at odds with the mainstream.

It was a perfect storm just waiting for the right conditions to wreak havoc.

Unfortunately, the maelstrom hit in the summer of 2017, when Charlottesville, regularly cited as being one of the happiest cities in America, became ground zero for a heated war of words—and actions—over racism, “sanitizing history,” extremism (both right and left), political correctness, hate speech, partisan politics, and a growing fear that violent words will end in violent actions.

In Charlottesville, as in so many parts of the country right now, the conflict was over how to reconcile the nation’s checkered past, particularly as it relates to slavery, with the present need to sanitize the environment of anything—words and images—that might cause offense, especially if it’s a Confederate flag or monument.

That fear of offense prompted the Charlottesville City Council to get rid of a statue of Confederate General Robert E. Leethat has graced one of its public parks for 82 years.

That’s when everything went haywire.

In attempting to pacify one particularly vocal and righteously offended group while railroading over the concerns of those with alternate viewpoints, 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.

When put to the test, Charlottesville did not handle things well at all.

No one—not the armed, violent, militant protesters nor the police—gave peace a chance, not on July 8 when the KKK descended, nor on August 12, when what should have been an exercise in free speech quickly became a brawl that left one dead and dozens more injured.

As the New York Times reported, “Protesters began to mace one another, throwing water bottles and urine-filled balloons— some of which hit reporters — and beating each other with flagpoles, clubs and makeshift weapons. Before long, the downtown area was a melee. People were ducking and covering with a constant stream of projectiles whizzing by our faces, and the air was filled with the sounds of fists and sticks against flesh.”

And then there was the police, who were supposed to uphold the law and prevent violence.

They 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 merely corroborates our worst fears about what drives the government at all levels: power, money, ego, politics and ambition.

When presented with a situation in which the government and its agents were tasked with protecting free speech and safety, Heaphy concluded that “the City of Charlottesville protected neither free expression nor public safety.”

Heaphy continues: “The City was unable to protect the right of free expression and facilitate the permit holder’s offensive speech. This represents a failure of one of government’s core functions—the protection of fundamental rights. Law enforcement also failed to maintain order and protect citizens from harm, injury, and death. Charlottesville preserved neither of those principles on August 12, which has led to deep distrust of government within this community.”

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.

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, despite the fact that police in riot gear surrounded Emancipation Park on three sides, and despite the fact that Charlottesville had had what reporter David Graham referred to as “a dress rehearsal of sorts” a month earlier when 30 members of the Ku Klux Klan were confronted by 1000 counterprotesters, 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.

Instead of establishing clear boundaries—buffer zones—between the warring groups and protecting the First Amendment rights of the protesters, police established two entrances into the permit areas of the park and created barriers “guiding rallygoers single-file into the park” past lines of white nationalists and antifa counterprotesters.

Incredibly, when the first signs of open violence broke out, Heaphy reports that the police chief allegedly instructed his staff to “let them fight, it will make it easier to declare an unlawful assembly.”

Read Heaphy’s report for yourself.

It’s full of drama and intrigue, plots and dueling egos, petty tyrants and ambitious politicians. (There’s even mention of a personal email account and deleted text messages.)

Not much different from what is happening on the national scene.

Commissioned by the City of Charlottesville, this Heaphy report was intended to be an independent investigation of what went right and what went wrong in the government’s handling of the protests.

Heaphy found very little to commend.

What went right on Aug. 12 according to Heaphy: 1) Despite the presence of firearms, including members of the militia, and angry confrontations between protesters and counterprotesters, no person was shot and no significant property damage occurred; 2) Emergency personnel did their jobs effectively and treated a large number of people in a short period of time; and 3) Police intelligence gathering was thorough (that’s the best he had to say about police).

Now for what went wrong, according to the report:

1. Police failed to get input from other law enforcement agencies experienced in handling large protests.

2. Police failed to adequately train their officers in advance of the protest.

3. City officials failed to request assistance from outside agencies.

4. The City Council unduly interfered by ignoring legal advice, attempting to move the protesters elsewhere, and ignoring the concerns of law enforcement.

5. The city government failed to inform the public about their plans.

6. City officials were misguided in allowing weapons at the protest.

7. The police implemented a flawed operational plan that failed to protect public safety.

8. While police were provided with riot gear, they were never trained in how to use it, nor were they provided with any meaningful field training in how to deal with or de-escalate anticipated violence on the part of protesters.

9. Despite the input and advice of outside counsel, including The Rutherford Institute, the police failed to employ de-escalation tactics or establish clear barriers between warring factions of protesters.

10. Government officials and police leadership opted to advance their own agendas at the expense of constitutional rights and public safety.

11. For all intents and purposes, police abided by a stand down order that endangered the community and paved the way for civil unrest.

12. In failing to protect public safety, police and government officials undermined public faith in the government.

The Heaphy report focused on the events that took place in Charlottesville, Virginia, but it applies to almost every branch of government that fails to serve “we the people.”

As the Pew Research Center revealed, public trust in the government remains near historic lows and with good reason, too.

This isn’t America, land of the free, where the government is “of the people, by the people [and] for the people.”

Rather, as I make clear in my book Battlefield America: The War on the American People, this is Amerika, where fascism, totalitarianism and militarism work hand in hand.

So what’s the answer?

As always, it must start with “we the people.”

I’ve always advised people to think nationally, but act locally. Yet as Charlottesville makes clear, it’s hard to make a difference locally when the local government is as deaf, dumb and blind to the needs of its constituents as the national government.

Still, it’s time to clean house at all levels of government.

You’ve got a better chance of making your displeasure seen and felt and heard within your own community. But it will take perseverance and unity and a commitment to finding common ground with your fellow citizens.

Stop tolerating corruption, graft, intolerance, greed, incompetence, ineptitude, militarism, lawlessness, ignorance, brutality, deceit, collusion, corpulence, bureaucracy, immorality, depravity, censorship, cruelty, violence, mediocrity, and tyranny.

Stop holding your nose in order to block out the stench of a rotting institution.

Stop letting the government and its agents treat you like a servant or a slave.

You’ve got rights. We’ve all got rights. This is our country. This is our government. No one can take it away from us unless we make it easy for them.

Right now, we’re making it way too easy for the police state to take over.

Stop being an accessory to the murder of the American republic.

WC: 1882

ABOUT JOHN W. 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. Whitehead can be contacted at johnw@rutherford.org.

Reprinted by permission of The Rutherford Institute.