From COVID-19 to Campus Protests: How the Police State Muzzles Free Speech

The police state does not want citizens who know their rights.

Nor does the police state want citizens prepared to exercise those rights.

This year’s graduates are a prime example of this master class in compliance. Their time in college has been set against a backdrop of crackdowns, lockdowns and permacrises ranging from the government’s authoritarian COVID-19 tactics to its more recent militant response to campus protests.

Born in the wake of the 9/11 attacks, these young people have been raised without any expectation of privacy in a technologically-driven, mass surveillance state; educated in schools that teach conformity and compliance; saddled with a debt-ridden economy on the brink of implosion; made vulnerable by the blowback from a military empire constantly waging war against shadowy enemies; policed by government agents armed to the teeth ready and able to lock down the country at a moment’s notice; and forced to march in lockstep with a government that no longer exists to serve the people but which demands they be obedient slaves or suffer the consequences.

And now, when they should be empowered to take their rightful place in society as citizens who fully understand and exercise their right to speak truth to power, they are being censored, silenced and shut down.

Consider what happened recently in Charlottesville, Va., when riot police were called in to shut down campus protests at the University of Virginia staged by students and members of the community to express their opposition to the ongoing humanitarian crisis in Palestine.

As the local newspaper reported, “State police sporting tactical gear and riot shields moved in on the demonstrators, using pepper spray and sheer force to disperse the group and arrest the roughly 15 or so at the camp, where for days students, faculty and community members had sang songs, read poetry and painted signs in protest of Israel’s ongoing war in the Palestinian territory of Gaza.”

What a sad turn-about for an institution which was founded as an experiment in cultivating an informed citizenry by Thomas Jefferson, the author of the Declaration of Independence, champion of the Bill of Rights, and the nation’s third president.

Unfortunately, the University of Virginia is not unique in its heavy-handed response to what have been largely peaceful anti-war protests. According to the Washington Post, more than 2300 people have been arrested for taking part in similar campus protests across the country.

These lessons in compliance, while expected, are what comes of challenging the police state.

Free speech can certainly not be considered “free” when expressive activities across the nation are being increasingly limited, restricted to so-called free speech zones, or altogether blocked.

Remember, the First Amendment gives every American the right to “petition his government for a redress of grievances.”

Along with the constitutional right to peacefully (and that means non-violently) assemble, the right to free speech allows us to challenge the government through protests and demonstrations and to attempt to change the world around us—for the better or the worse—through protests and counterprotests.

If citizens cannot stand out in the open and voice their disapproval of their government, its representatives and its policies without fearing prosecution, then the First Amendment with all its robust protections for free speech, assembly and the right to petition one’s government for a redress of grievances is little more than window-dressing on a store window—pretty to look at but serving little real purpose.

After all, living in a representative republic means that each person has the right to take a stand for what they think is right, whether that means marching outside the halls of government, wearing clothing with provocative statements, or simply holding up a sign.

That’s what the First Amendment is supposed to be about: it assures the citizenry of the right to express their concerns about their government to their government, in a time, place and manner best suited to ensuring that those concerns are heard.

Unfortunately, through a series of carefully crafted legislative steps and politically expedient court rulings, government officials have managed to disembowel this fundamental freedom, rendering it with little more meaning than the right to file a lawsuit against government officials.

In more and more cases, the government is declaring war on what should be protected political speech whenever it challenges the government’s power, reveals the government’s corruption, exposes the government’s lies, and encourages the citizenry to push back against the government’s many injustices.

Indeed, there is a long and growing list of the kinds of speech that the government considers dangerous enough to red flag and subject to censorship, surveillance, investigation and prosecution: hate speech, conspiratorial speech, treasonous speech, threatening speech, inflammatory speech, radical speech, anti-government speech, extremist speech, etc.

Clearly, the government has no interest in hearing what “we the people” have to say.

Yet if Americans are not able to peacefully assemble for expressive activity outside of the halls of government or on public roads on which government officials must pass, or on college campuses, the First Amendment has lost all meaning.

If we cannot stand peacefully outside of the Supreme Court or the Capitol or the White House, our ability to hold the government accountable for its actions is threatened, and so are the rights and liberties that we cherish as Americans.

And if we cannot proclaim our feelings about the government, no matter how controversial, on our clothing, or to passersby, or to the users of the world wide web, then the First Amendment really has become an exercise in futility.

The source of the protest shouldn’t matter. The politics of the protesters are immaterial.

To play politics with the First Amendment encourages a double standard that will see us all muzzled in the end.

The power elite has made their intentions clear: they will pursue and prosecute any and all words, thoughts and expressions that challenge their authority.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is the final link in the police state chain.

If ever there were a time for us to stand up for the right to speak freely, even if it’s freedom for speech we hate, the time is now.

 

John W. Whitehead, constitutional attorney and author, is founder and president of The Rutherford Institute. He wrote the book Battlefield America: The War on the American People (SelectBooks, 2015). He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Read other articles by John W. Whitehead and Nisha Whitehead.