Archive for the ‘police power’ Category
A Pandora’s box on speech
WASHINGTON
It began with the proliferation of campus “speech codes” ostensibly designed to promote civility but frequently used to enforce political conformity. The new censorship accelerated with the McCain-Feingold legislation that licenses government regulation of the quantity, timing and content of speech in political campaigns.
Now the attack on First Amendment speech protections has taken an audacious new turn, illustrated by a case being pondered by a Texas judge. He is being asked to collaborate in the suppression of a book, and even of expressions of approval of the book.
The book arises from an abuse of the power of eminent domain by the city of Freeport, Texas, but the story really begins in Connecticut. There, in 2000, New London’s city government condemned the property of middle-class homeowners in an unblighted neighborhood for the purpose of getting the property into the hands of commercial interests that would pay more taxes. In 2005, in the Kelo case, the U.S. Supreme Court upheld, 5-4, New London’s rapaciousness as a constitutional taking of property for what the Fifth Amendment calls a “public use.”
When Kelo was decided, H. Walker Royall, a Dallas developer, already had designs on some property that for more than a decade has belonged to the Gore family shrimping business in coastal Freeport. In 2003, Royall signed an agreement with that city’s government to build a yacht marina, hotel and condominiums using property the city would seize by eminent domain.
The day after the Supreme Court made its Kelo mistake, Freeport intensified its pressure against the Gores, whose stout resistance caught the gimlet eye of Carla Main. An experienced journalist, Main has recounted the case in her book “Bulldozed: ‘Kelo,’ Eminent Domain and the American Lust for Land.” Her thesis is that many “takings” of property for economic development are taking a terrible toll on the rights of everyday Americans.
In October 2008, Royall sued Main and her publisher (Encounter Books), seeking monetary damages and a ban on further production and distribution of the book. He also sued the Galveston newspaper that reviewed the book and the reviewer. A judge dismissed, on jurisdictional grounds, Royall’s suit against Richard Epstein, professor of law at the University of Chicago and New York University, whose offense was a dust-jacket endorsement of the book as a report on an “unholy alliance” between government and a private interest.
Royall’s suit charging Main with defamation is, her lawyers document, riddled with mischaracterizations of what Main writes and about whom she writes it, and ignores long-established criteria of defamation law, which holds that a statement is not actionable as defamatory if the speaker obviously is expressing a subjective view or an interpretation, theory, conjecture or surmise.
Indeed, so slapdash are Royall’s accusations against Main that his suit seems to reflect nothing more substantial than his dislike of her opinions and those of people she accurately quotes. It seems intended to chill commentary on eminent domain abuse by exposing commentators to the steep costs of deflecting even frivolous litigation.
The Supreme Court is blameworthy for two entangled abuses. It diluted property rights in the Kelo case and it weakened freedom of speech by not overturning McCain-Feingold. Fortunately, in an unusual Sept. 9 session, the court will hear, for a second time, oral arguments in a case arising from that law’s speech restrictions.
The court should be cognizant of the attacks on property rights that its Kelo decision incited. And on Sept. 9 it should remember the increasing resort to restrictions of speech. McCain-Feingold is both a symptom and an encouragement of such restrictions.
Teen homeschooler jailed under Patriot Act
Posted: May 04, 2009
8:31 pm Eastern
© 2009 WorldNetDaily
HOMELAND INSECURITY
FBI holds 10th-grader for months with little contact from family
Ashton Lundeby |
A 16-year-old homeschooled boy from North Carolina was taken away from his home in handcuffs two months ago and has been held by the FBI in Indiana ever since, a victim, his mother claims, of the Patriot Act spun out of control.
According to Annette Lundeby of Oxford, N.C., armed FBI agents and local police stormed her home around 10 p.m. on March 5, looking for her son, Ashton. The officers presented a federal search warrant and seized the tenth-grader’s computer, cell phone and bank statements.
Ashton was then taken to a juvenile facility in South Bend, Ind., charged with making a bomb threat in Indiana from his home computer.
His mother, however, told Raleigh’s WRAL-TV that she argued with the authorities, claiming someone must have hacked into her son’s IP address and used it to make crank calls. The agents’ search, she claims, also failed to uncover any trace of bomb-making materials.
“Undoubtedly, they were given false information,” Lundeby told the station, “or they would not have had 12 agents in my house with a widow and two children and three cats.”
Allowed little access to see her son over the last two months, facing a court date that keeps being pushed back and given no information by FBI agents sitting behind a gag order on the case, Lundeby now says the USA Patriot Act has unjustly imprisoned an innocent boy and stripped her son of due process.
“We have no rights under the Patriot Act to even defend them, because the Patriot Act basically supersedes the Constitution,” she told WRAL-TV. “It wasn’t intended to drag your barely 16-year-old, 120-pound son out in the middle of the night on a charge that we can’t even defend.”
Passed after the Sept. 11, 2001, terrorist attacks on the World Trade Center, the USA Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism – or P.A.T.R.I.O.T. – Act armed law enforcement with new tools to detect and prevent terrorism. Among other measures, it better enables interagency cooperation and allows law enforcement a wider array of technological and surveillance tools to more quickly and stealthily investigate terrorist threats.
Dan Boyse, a former U.S attorney not connected to the case, explained to WRAL-TV how Ashton Lundeby could have been swept up by the Patriot Act.
“They’re saying that ‘we feel this individual is a terrorist or an enemy combatant against the United States, and we’re going to suspend all of those due process rights because this person is an enemy of the United States,'” Boyce told the station.
Boyce theorized that if an FBI agent came to the conclusion that Lundeby was a serious terrorist threat, the usual rules of law enforcement don’t apply.
“There’s nothing a matter of public record,” Boyce said. “All those normal rights are just suspended in the air.”
Ashton’s mother told the television station, “Never in my worst nightmare did I ever think that it would be my own government that I would have to protect my children from. This is the United States, and I feel like I live in a third world country now.”
The WRAL-TV news report, including Annette Lundeby’s comments, can be seen below:
According to the WRAL-TV report, because a federal judge has issued a gag order in the case, the U.S. attorney in Indiana cannot comment on Lundeby, nor can the FBI.
Military Police at the Kentucky Derby
May 3, 2009
A Google News search does not produce a story or even a brief mention of the fact military police were on hand at the Kentucky Derby to keep restless plebs in line. However, an Associated Press photograph, posted on the Yahoo! News website, shows two MPs in combat fatigues with side arms restraining a man at the derby.
Military police detain a fan who ran onto the track following the running of the 135th Kentucky Derby horse race at Churchill Downs Saturday, May 2, 2009, in Louisville, Ky. | |
“Military police detain a fan who ran onto the track following the running of the 135th Kentucky Derby horse race at Churchill Downs Saturday, May 2, 2009, in Louisville, Ky.,” the photo caption reads.
The photo was also included in a slideshow on the Yahoo! Sports website, although the text of the article does not contain a mention of military police at the event.
“The military has NO BUSINESS policing the citizens except during extraordinarily exceptional times of national emergency by an executive order. This is very disturbing and completely un-American. Maybe even more disturbing is that no one seems to care how quietly and easily we have accepted the burgeoning police state,” an article comment states.
Infowars has reported on numerous instances of military involvement with local law enforcement in violation of Posse Comitatus. In March, we reported on U.S. Army troops dispatched to patrol the streets of Samson, Alabama, after a murder spree.
On April 6, we reported on a DHS, federal, state, Air Force, and local law enforcement checkpoint in Tennessee. On April 3, Infowars was instrumental in the cancellation of a seatbelt checkpoint that was to be conducted in conjunction with the Department of Homeland Security and the 251st Military Police in Bolivar, Tennessee.
Last December, we reported on the Marine Corps Air and Ground Combat Center dispatching troops to work with police on checkpoints in in San Bernardino County, California.
On Aprill 22, we reported the deployment of 400 National Guard Combat Support Battalion troops to “maintain public order” at the Boston Marathon.
Last June, Infowars posted an article by D. H. Williams of the Daily Newscaster reporting the deployment of 2,300 Marines in the city of Indianapolis under the direction of FBI and the Department of Homeland Security.
Prison Planet’s Paul Joseph Watson reported a story on April 22 covering the assault of a local television news team by an irate police officer in El Paso, Texas. A video taken by the news videographer shows uniformed soldiers working with police officers at the scene of a car accident.
The presence of uniformed and armed military police at the Kentucky Derby is part of an ongoing campaign to acclimate the populace to the presence of soldiers at public events.
Guess how DHS defines who is a terrorist now
Posted: May 02, 2009
8:35 pm Eastern
HOMELAND INSECURITY
2nd ‘domestic extremism’ report includes ‘alternative media,’ ‘tax resisters’ in lexicon
By Drew Zahn
© 2009 WorldNetDaily
Two weeks before the U.S. Department of Homeland Security penned its controversial report warning against “right-wing extremists” in the United States, it generated a memo defining dozens of additional groups – animal rights activists, black separatists, tax protesters, even worshippers of the Norse god Odin – as potential “threats.”
Though the “Domestic Extremism Lexicon” was reportedly rescinded almost immediately, Benjamin Sarlin of The Daily Beast recently obtained and published online a copy of the unclassified memo, dated March 26, 2009.
While many of the groups listed in the lexicon – such as Aryan prison gangs and neo-Nazis – may indeed be widely considered extremists, others will likely take offense at being described as a potential “threat.”
For example, the memo defines the “tax resistance movement” – also referred to in the report as the tax protest movement or the tax freedom movement – as “groups or individuals who vehemently believe taxes violate their constitutional rights. Among their beliefs are that wages are not income, that paying income taxes is voluntary, and that the 16th Amendment to the U.S. Constitution, which allowed Congress to levy taxes on income, was not properly ratified.”
The report, however, continues in its assessment of tax protesters, asserting that members “have been known to advocate or engage in criminal activity and plot acts of violence and terrorism in an attempt to advance their extremist goals.”
Similarly, the lexicon concludes its definition of “black separatists” by asserting, “Such groups or individuals also may embrace radical religious beliefs. Members have been known to advocate or engage in criminal activity and plot acts of violence directed toward local law enforcement in an attempt to advance their extremist goals.”
In his blog piece titled “Who You Calling an Extremist?” Sarlin writes, “Partisans leapt to decry the first DHS memo as part of a Democratic conspiracy to marginalize right wingers. But it became clear that DHS’s broad descriptions of extremists were symptomatic of an ongoing agency problem that crossed ideological lines.”
The lexicon states its purpose is to provide “definitions for key terms and phrases that often appear in DHS analysis that addresses the nature and scope of the threat that domestic, non-Islamic extremism poses to the United States.”
Apparently, the DHS analyzes the “threat” level of Internet news websites like WorldNetDaily, for the lexicon defines “alternative media” as “a term used to describe various information sources that provide a forum for interpretations of events and issues that differ radically from those presented in mass media products and outlets.”
The term “black power,” widely used in a variety of contexts, also merits a definition in the lexicon: “A term used by black separatists to describe their pride in and the perceived superiority of the black race.”
The DHS memo also includes precursors to the ill-fated “Right-wing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment” report, which prompted outrage from legislators and a campaign calling for the resignation of DHS Secretary Janet Napolitano.
For example, the lexicon contains virtually the same broad-stroke language the right-wing extremism report used.
“Rightwing extremism,” the lexicon defines as those “who can be broadly divided into those who are primarily hate-oriented, and those who are mainly antigovernment and reject federal authority in favor of state or local authority. This term also may refer to rightwing extremist movements that are dedicated to a single issue, such as opposition to abortion or immigration.”
The lexicon further points to those who oppose driver’s licenses for illegal immigrants.
“Anti-immigration extremism,” the lexicon defines as “a movement of groups or individuals who are vehemently opposed to illegal immigration, particularly along the U.S. southwest border with Mexico, and who have been known to advocate or engage in criminal activity and plot acts of violence and terrorism to advance their extremist goals. They are highly critical of the U.S. Government’s response to illegal immigration and oppose government programs that are designed to extend ‘rights’ to illegal aliens, such as issuing driver’s licenses or national identification cards and providing in-state tuition, medical benefits, or public education.”
Unlike the right-wing extremism report, however, the lexicon includes definitions of extremism across a broad spectrum of issues: anarchy, animal rights extremism, black nationalism, Cuban independence, environmentalism, Jewish extremism, Mexican separatism, right-wing militias, white supremacists, the anti-war movement and more.
Among the more curious groups the DHS appears to be monitoring is the “racial Nordic mysticism” group, defined as “an ideology adopted by many white supremacist prison gangs who embrace a Norse mythological religion, such as Odinism or Asatru.”
Among the more comical definitions is the description given of what “racist skinheads” wear, enabling law officers, it appears, to identify skinheads by their preferred brand of footwear:
“Dress may include a shaved head or very short hair,” the report states, “jeans, thin suspenders, combat boots or Doc Martens, a bomber jacket, and tattoos of Nazi-like emblems.”
Sarlin, who first publicized the memo, reports that a spokesperson for DHS told him the memo was recalled “within minutes” of being issued but declined to offer any details on the reasons for its withdrawal.