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You say you want a revolution
Well, you know
We all want to change the world
You tell me that it's evolution
Well, you know
We all want to change the world
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Does the First Amendment mean anyone can say anything at any time? No.
The Supreme Court has rejected an interpretation of speech without limits.
Because the First Amendment has such strong language, we begin with the presumption that speech is protected. Over the years, the courts have decided that a few other public interests — for example, national security, justice or personal safety — override freedom of speech. There are no simple rules for determining when speech should be limited, but there are some general tests that help.
CHESTERFIELD, VA— The Rutherford Institute has come to the defense of a former Marine, 26-year-old Brandon Raub, who was arrested, detained indefinitely in a psych ward and forced to undergo psychological evaluations based solely on the controversial nature of lines from song lyrics, political messages and virtual card games which he posted to his private Facebook page.
Although the FBI and Chesterfield County police have not charged Brandon Raub, a resident of Chesterfield County, Va., with committing any crime, they arrested Raub on Thursday, August 16, 2012, and transported him to John Randolph Medical Center, where he was held against his will due to alleged concerns that his Facebook (FB) posts were controversial and “terrorist in nature.” In a hearing held at the hospital, government officials disregarded Raub’s explanation that the Facebook posts were being interpreted out of context, sentencing him up to 30 days’ further confinement in a VA psych ward. In coming to Raub’s defense, Rutherford Institute attorneys are challenging Raub’s arrest and forcible detention, as well as the government’s overt Facebook surveillance and violation of Raub’s First Amendment rights...
...Brandon Raub, a former Marine who has served tours in Iraq and Afghanistan, was detained by FBI agents and police officers at his home in Chesterfield County based upon the nature of content posted to his Facebook page in recent months. Like many Facebook users, Raub uses his FB page to post songs lyrics and air his political opinions, as well as engage in virtual online games with other users. On Thursday, August 16, police and FBI agents arrived at Raub’s home, asking to speak with him about his Facebook posts. They did not provide Raub with a search warrant. Raub was cooperative and agreed to speak with them.
Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials then handcuffed Raub and transported him first to the police headquarters, then to John Randolph Medical Center, where he was held against his will. Outraged onlookers filmed the arrest and posted the footage to YouTube. Law enforcement officials have stated in press reports that Raub was not arrested. However, as attorney John Whitehead points out, if the police have put handcuffs on you and you’re being held against your will, that qualifies as an arrest.
Peltier's conviction sparked great controversy and has drawn criticism from a number of sources. Numerous appeals have been filed on his behalf; none of the resulting rulings has been made in his favor. Peltier is considered by the AIM to be a political prisoner and has received support from individuals and groups including Nelson Mandela, Rigoberta Menchú, Amnesty International, the United Nations High Commissioner for Human Rights, the Zapatista Army of National Liberation, Tenzin Gyatso (the 14th Dalai Lama), the European Parliament, the Belgian Parliament, the Italian Parliament, the Kennedy Memorial Center for Human Rights, Archbishop Desmond Tutu, and Rev. Jesse Jackson.
What Is Sedition
A revolt or an incitement to revolt against established authority, usually in the form of Treason or Defamation against government.
Sedition is the crime of revolting or inciting revolt against government. However, because of the broad protection of free speech under the First Amendment, prosecutions for sedition are rare. Nevertheless, sedition remains a crime in the United States under 18 U.S.C.A. § 2384 (2000), a federal statute that punishes seditious conspiracy, and 18 U.S.C.A. § 2385 (2000), which outlaws advocating the overthrow of the federal government by force. Generally, a person may be punished for sedition only when he or she makes statements that create a Clear and Present Danger to rights that the government may lawfully protect (schenck v. united states, 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470 ).
The crime of seditious conspiracy is committed when two or more persons in any state or U.S. territory conspire to levy war against the U.S. government. A person commits the crime of advocating the violent overthrow of the federal government when she willfully advocates or teaches the overthrow of the government by force, publishes material that advocates the overthrow of the government by force, or organizes persons to overthrow the government by force. A person found guilty of seditious conspiracy or advocating the overthrow of the government may be fined and sentenced to up to 20 years in prison. States also maintain laws that punish similar advocacy and conspiracy against the state government...
...Following the September 11th Attacks of 2001, the federal government feared that terrorist networks were very real threats, and that if left unchecked, would lead to further insurrection. As a result, Congress enacted the Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT) Act of 2001, Pub. L. No. 107-56, 115 Stat. 272. Among other things, the act increases the president's authority to seize the property of individuals and organizations that the president determines have planned, authorized, aided, or engaged in hostilities or attacks against the United States.
The events of September 11 also led to the conviction of at least one American. In 2001, U.S. officials captured John Philip Walker Lindh, a U.S. citizen who had trained with terrorist organizations in Pakistan and Afghanistan. Lindh, who became known as the "American Taliban," was indicted on ten counts, including conspiracy to murder U.S. nationals. In October 2002, he was sentenced to 20 years in prison.
USC › Title 18 › Part I › Chapter 115 › § 2384 - Seditious Conspiracy.
f two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
18 USC § 2385 - Advocating overthrow of Government or the Smith Act.
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
Who Does the FBI Consider Thought/Speech Criminals
"Domestic terrorism involves groups or individuals who are based and operate entirely within the United States or its territories without foreign direction, and whose acts are directed at elements of the U.S. government or population. Domestic terrorist groups can represent right-wing, left-wing, or special interest orientations. Their causes generally spring from issues relating to American political and social concerns."
Right-wing terrorist groups, as defined by the FBI, are motivated by notions of white racial supremacy, as well as anti-government and anti-regulatory beliefs. They may also include extremist Christian groups such as those that bomb abortion clinics, although these groups are sometimes lumped in with special-interest terrorists. Moreover, many acts of right-wing terrorism, such as racially motivated attacks by "skinhead" gangs, are legally classified as hate crimes rather than domestic terrorism. They thus fall within the realm of the FBI Criminal Division, rather than the Counterterrorism Division.
Anti-government groups. The remainder of right-wing terrorist groups are united by an anti-government stance that may or may not also embrace racism. Such groups emerged on the national scene with a February 13, 1983, attack on law enforcement officers in Medina, North Dakota, by a group named the Sheriff's Posse Comitatus.
Left-Wing and Special Interest Terrorists
Left-wing terrorists, according to the FBI, have a revolutionary socialist agenda, and present themselves as protectors of the populace against the alienating effects of capitalism and U.S. imperialism. Notable early participants in left-wing terrorism were various socialist and anarchist groups from the late nineteenth and early twentieth centuries. Leon Czolgocz, who shot President William McKinley in 1901, embraced anarchist beliefs, though no anarchist group would accept him for membership.
Special-interest terrorism in the 1990s.
In the 1990s, special-interest terrorism of the political right included attacks and threats against abortion clinics. Special-interest terrorism on the political left involved motivations that included the environment, animal rights, and opposition to globalization. The FBI paid special note to the left-wing groups in this instance, not because of political bias, but because attacks on abortion clinics are classified as hate crimes, giving them an entirely different legal definition and involving other arms of the national justice system.
The FBI also noted the rise of anti-globalization demonstrations, which are founded in an opposition to the growth and international influence of Western corporations and financial entities. Though officially grouped with left-wing terrorism because of its strongly anarchist undertones, anti-globalization activities might also be considered special-interest in nature. During the World Trade Organization ministerial meetings in Seattle from November 30 to December 3, 1999, anti-globalization demonstrators conducted extensive acts of vandalism.
Focus on Militia Extremism
Who they are. Like many domestic terrorism groups, militia extremists are anti-government. What sets them apart is that they’re often organized into paramilitary groups that follow a military-style rank hierarchy. They tend to stockpile illegal weapons and ammunition, trying illegally to get their hands on fully automatic firearms or attempting to convert weapons to fully automatic. They also try to buy or manufacture improvised explosive devices and typically engage in wilderness, survival, or other paramilitary training.
Who and what they target. They usually go after the government itself—including law enforcement personnel, representatives of the courts, and other public officials, along with government buildings. When caught, most militia extremists are charged with weapons, explosives, and/or conspiracy violations.
What they believe in. Many militia extremists view themselves as protecting the U.S. Constitution, other U.S. laws, or their own individual liberties. They believe that the Constitution grants citizens the power to take back the federal government by force or violence if they feel it’s necessary. They oppose gun control efforts and fear the widespread disarming of Americans by the federal government.
Militia extremists often subscribe to various conspiracy theories regarding government. One of their primary theories is that the United Nations—which they refer to as the New World Order, or NWO—has the right to use its military forces anywhere in the world (it doesn’t, of course). The extremists often train and prepare for what they foresee as an inevitable invasion of the U.S. by United Nations forces. Many militia extremists also wrongly believe that the federal government will relocate citizens to camps controlled by the Federal Emergency Management Agency, or force them to undergo vaccinations.
The Sovereign Citizen Movement
Domestic terrorism—Americans attacking Americans because of U.S.-based extremist ideologies—comes in many forms in our post 9/11 world.
To help educate the public, we’ve previously outlined two separate domestic terror threats—eco-terrorists/animal rights extremists and lone offenders.
Today, we look at a third threat—the “sovereign citizen” extremist movement. Sovereign citizens are anti-government extremists who believe that even though they physically reside in this country, they are separate or “sovereign” from the United States. As a result, they believe they don’t have to answer to any government authority, including courts, taxing entities, motor vehicle departments, or law enforcement.
This causes all kinds of problems—and crimes. For example, many sovereign citizens don’t pay their taxes. They hold illegal courts that issue warrants for judges and police officers. They clog up the court system with frivolous lawsuits and liens against public officials to harass them. And they use fake money orders, personal checks, and the like at government agencies, banks, and businesses.
That’s just the beginning. Not every action taken in the name of the sovereign citizen ideology is a crime, but the list of illegal actions committed by these groups, cells, and individuals is extensive (and puts them squarely on our radar). In addition to the above, sovereign citizens:
Commit murder and physical assault;
Threaten judges, law enforcement professionals, and government personnel;
Impersonate police officers and diplomats;
Use fake currency, passports, license plates, and driver’s licenses; and
Engineer various white-collar scams, including mortgage fraud and so-called “redemption” schemes.
Sovereign citizens are often confused with extremists from the militia movement. But while sovereign citizens sometimes use or buy illegal weapons, guns are secondary to their anti-government, anti-tax beliefs. On the other hand, guns and paramilitary training are paramount to militia groups.
If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.
I am an ATS mod for no other reason than I care about the community and was offered the opportunity to help maintain that community. My position here has nothing to do with my beliefs, positions, or real life identity whatsoever.
Be careful what you say and who you say it to. Stay free. Stay safe.