The Language of Force: How the Police State Muzzles Our Right to Speak Truth to Power
“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.
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Epic! NYC Activist Arrested For ‘Feeding Pizza To Pigeons’ In Protest Of City’s War On Wood-Fired Ovens
New York City artist and activist Scott LoBaido was arrested Wednesday after tossing slices of pizza over the fence surrounding the Big Apple’s Manhattan City Hall building.
LoBaido was protesting the city’s recently approved plan by Democrat Mayor Eric Adams’ Department of Environmental Protection to crack down on pizzerias and bakeries that use wood and coal-fired ovens.
These ovens allegedly create “smoky pollutants” the department views as dangerous for New Yorkers.
A crowd of supporters gathered around the activist as he grabbed a couple of slices of pizza, said, “Here we go pigeons,” and threw the food over the gate.
Just got out of the slammer. Arrested for feeding the pigeons. pic.twitter.com/XHnXSZG1M1
— Scott LoBaido (@ScottLoBaido) March 20, 2024
Several police officers immediately swarmed LoBaido and handcuffed him while the crowd shouted at them in anger.
“This is a fine!” a man filming the scene shouted in video footage, claiming throwing pizza on the ground is “not an arrestable offense.”
Another bystander said, “Illegals are coming in and murdering people and he’s getting arrested for throwing pizza.”
Alternative angle:
Scott Lobaido arrested for throwing pizzas over the NYC City Hall gates in protest.
— Citizen Free Press (@CitizenFreePres) March 20, 2024
“I’m throwing pizza because these pigeons are hungry and I’m here to feed the f–king pigeons!” pic.twitter.com/4gytZta3sz
LoBaido protested the ridiculous NYC proposal when it was first introduced in June of 2023, tossing pizza over the City Hall gate and screaming, “You heard about the Boston Tea Party? Well, this is the New York Pizza Party. Give us pizza or give us death! New York City is nothing without pizza!”
During that incident, LoBaido was confronted by cops but not arrested and was instead given a summons.
The New York Pizza Party, Shity Hall NYC.
— Scott LoBaido (@ScottLoBaido) June 26, 2023
June 26, 2023 pic.twitter.com/ZetkB8pycD
Waging a war on New York City’s staple food item is a surefire way to turn apolitical locals into anti-Democrat activists, but the moronic bureaucrats running the city into the ground don’t seem to care.
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AOC Humiliated By Biden Whistleblower Who Testified Joe Committed List Of Crimes
During Wednesday’s House Oversight and Accountability Committee hearing on Sleepy Joe Biden’s involvement in his son Hunter’s corrupt business deals, Congresswoman Alexandria Ocasio-Cortez (D-N.Y.) erupted at former Hunter Biden business associate Tony Bobulinski.
“Is it your testimony today that you witnessed President Joe Biden commit a crime?” she asked Bobulinski.
“Yes,” he answered, with the congresswoman asking, “And, what crime have you witnessed?”
AOC – “RICO is not a crime.” pic.twitter.com/YcTusJAaP4
— MAZE (@mazemoore) March 20, 2024
When the ex-Biden associate sarcastically responded, “How much time do I have to go through it?” AOC became angry and asked him to name a specific crime.
Bobulinski began railing off crimes, saying, “Corruption statutes, RICO and conspiracy, FARA,” as the New York Democrat talked over him.
“What is the crime, sir? Specifically…” she asked, with Bobulinsky retorting, “You ask me to answer the question, I answered the question. RICO you’re obviously not familiar with. Corruption statutes…”
AOC again cut the witness off, bobbing her head around and shouting, “Excuse me, sir! Excuse me, sir! RICO is not a crime, it is a cat-e-gory!”
“It’s a category of crimes that you’re then charged under…” Bobulinsky tried to answer before being interrupted by AOC who requested he cite the specific RICO statute Biden violated.
When the witness tried to explain several lawyers in the room could answer which statutes were violated, AOC again interjected and yelled, “Alright, I reclaim my time!”
Ocasio-Cortez was blasted for having a “meltdown” when Bobulinski testified Joe Biden is a criminal:
It’s official @AOC is some kind of special. RICO stands for Racketeering Influenced and Corrupt Organizations.
— Graham Allen (@GrahamAllen_1) March 20, 2024
Yeah…..no crime here lol pic.twitter.com/TUcgssNr7D
Tony Bobulinski causes AOC to have a TOTAL MELTDOWN after saying Joe Biden committed crimes ? pic.twitter.com/RxkkZG8LEw
— Benny Johnson (@bennyjohnson) March 20, 2024
Lmao Bobulinski just mogged @AOC pic.twitter.com/ZNvLmryyD0
— Raheem. (@RaheemKassam) March 20, 2024
Tony Bobulinski just completely embarrassed AOC lmao pic.twitter.com/uvudNT8B2p
— johnny maga (@_johnnymaga) March 20, 2024
AOC: “Can you name the crime!?”
— TrashDiscourse (@TrashDiscourse) March 20, 2024
Bobulinski: goes on to list crimes including RICO
AOC: “RICO is not a crime”
?
pic.twitter.com/JOtYF6qEo5
Rep. @AOC plows through witness after he starts rattling off crimes Joe Biden committed pic.twitter.com/WBbw3yZles
— Tom Elliott (@tomselliott) March 20, 2024
NEW: AOC has meltdown after she tells Tony Bobulinski to give her a crime Joe Biden committed and then he gives her a crime Joe Biden committed.
— Collin Rugg (@CollinRugg) March 20, 2024
After demanding that he tell her what crime Biden committed, AOC refused to let Bobulinski answer.
Bobulinski: “You asked me to… pic.twitter.com/g5JuU5iejP
Weekly meltdown by Rep. AOC.
— Rep. Nancy Mace (@RepNancyMace) March 20, 2024
Someone needs to remind the Left, just because you are loud, does not mean you are right. pic.twitter.com/AHJRJGPHw4
Who made this ? pic.twitter.com/7yxJTrL5AY
— Citizen Free Press (@CitizenFreePres) March 20, 2024
See the full hearing below:
‘Major Win’ – Amish Farmer Persecuted By Feds Can Now Sell Raw Milk Out-of-State
Amos Miller, an Amish farmer in Lancaster County, Pennsylvania, will be allowed to sell his raw milk products out-of-state following a ruling this week by Lancaster County Judge Thomas Sponaugle.
Attorney and podcast host Robert Barnes, who represents Miller in the case, labeled the decision a “major win” for the farmer.
“Court agreed to modify injunction so that it only applies within the state of Pennsylvania removing the ban on sales to customers outside state,” he wrote, thanking Rep. Thomas Massie (R-Ky.) and independent presidential candidate Robert F. Kennedy Jr. for their support.
Major win today for #AmosMiller the #Amish farmer. Court agreed to modify injunction so that it only applies within the state of Pennsylvania removing the ban on sales to customers outside state. Thanks to all who supported Amos & thanks to @RepThomasMassie & @RobertKennedyJr
— Robert Barnes (@barnes_law) March 20, 2024
The Kentucky congressman responded on X, writing, “Congrats! A small win, but a win nonetheless for Amos Miller . Why is the government is spending resources prosecuting an Amish farmer who sells to willing buyers when we have so many real problems at the moment? We should empower small farmers instead of prosecuting them.”
Congrats! A small win, but a win nonetheless for #AmosMiller .
— Thomas Massie (@RepThomasMassie) March 20, 2024
Why is the government is spending resources prosecuting an Amish farmer who sells to willing buyers when we have so many real problems at the moment?
We should empower small farmers instead of prosecuting them. https://t.co/yAR65ao9l0
Covering the judge’s decision, Fox 43 wrote:
“In the first of two orders issued Monday, Lancaster County Judge Thomas Sponaugle denied the request from attorneys representing Upper Leacock farmer Amos Miller to dismiss the state’s lawsuit against him. The lawsuit was filed in January after the officials found Miller does not have a permit to sell raw milk and has not registered his business with the state. The inspection was prompted by two illnesses in Michigan and New York that were traced to Miller’s products.”
After Barnes argued a court order banning Miller from selling raw milk products anywhere equated to Pennsylvania governing trade in other states, Judge Sponaugle modified the order to allow the farmer to sell his items only to other states.
“With the modification in place, it appears as though Miller will be able to sell his products out-of-state, though federal law requires that milk shipped between states must be pasteurized, and Miller is already limited by a detaining order placed on his products earlier this year by the Department of Agriculture,” Fox 43 explained.
Miller and Barnes have just under three weeks to respond to the Department of Agriculture lawsuit.
Check out the 1776 Law Center for more information:
Lead organization supporting #AmosMiller & more. 1776 Law Center. https://t.co/3XSuvWNXea
— Robert Barnes (@barnes_law) March 17, 2024
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