by John W. Whitehead, Rutherford Institute:
“If you can’t say ‘F@#k’ you can’t say, ‘F@#k’ the government.’”— Lenny Bruce, comedian
Anti-government speech has become a four-letter word.
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.
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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.
Things are about to get even dicier for those who believe in fully exercising their right to political expression.
Indeed, the government’s seditious conspiracy charges against Stewart Rhodes, the founder of Oath Keepers, and several of his associates for their alleged involvement in the January 6 Capitol riots puts the entire concept of anti-government political expression on trial.
Enacted during the Civil War to prosecute secessionists, seditious conspiracy makes it a crime for two or more individuals to conspire to “‘overthrow, put down, or to destroy by force’ the U.S. government, or to levy war against it, or to oppose by force and try to prevent the execution of any law.”
It’s a hard charge to prove, and the government’s track record hasn’t been the greatest.
It’s been almost a decade since the government tried to make a seditious conspiracy charge stick—against a small Christian militia accused of plotting to kill a police officer and attack attendees at his funeral in order to start a civil war—and it lost the case.
Although the government was able to show that the Hutaree had strong anti-government views, the judge ruled in U.S. v. Stone that “[O]ffensive speech and a conspiracy to do something other than forcibly resist a positive show of authority by the Federal Government is not enough to sustain a charge of seditious conspiracy.”
Whether or not prosecutors are able to prove their case that Rhodes and his followers intended to actually overthrow the government, the blowback will be felt far and wide by anyone whose political views can be labeled “anti-government.”
All of us are in danger.
In recent years, the government has used the phrase “domestic terrorist” interchangeably with “anti-government,” “extremist” and “terrorist” to describe anyone who might fall somewhere on a very broad spectrum of viewpoints that could be considered “dangerous.”
The ramifications are so far-reaching as to render almost every American with an opinion about the government or who knows someone with an opinion about the government an extremist in word, deed, thought or by association.
You see, the government doesn’t care if you or someone you know has a legitimate grievance. It doesn’t care if your criticisms are well-founded. And it certainly doesn’t care if you have a First Amendment right to speak truth to power.
What the government cares about is whether what you’re thinking or speaking or sharing or consuming as information has the potential to challenge its stranglehold on power.
Why else would the FBI, CIA, NSA and other government agencies be investing in corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter and Instagram?
Why else would the Biden Administration be likening those who share “false or misleading narratives and conspiracy theories, and other forms of mis- dis- and mal-information” to terrorists?
According to the Department of Homeland Security’s terrorism bulletin, “[T]hreat actors seek to exacerbate societal friction to sow discord and undermine public trust in government institutions to encourage unrest, which could potentially inspire acts of violence.”
By the government’s own definition, America’s founders would be considered domestic extremists for the heavily charged rhetoric they used to birth this nation.
Thomas Jefferson and Benjamin Franklin would certainly be placed on a terrorist watch list for suggesting that Americans should not only take up arms but be prepared to shed blood in order to protect their liberties.
“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms,” declared Jefferson. He also concluded that “the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”
Observed Franklin: “Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!”
Thomas Paine, Marquis De Lafayette, John Adams and Patrick Henry would certainly be labelled domestic extremists for exhorting Americans to defend themselves against the government if it violates their rights.
“It is the duty of the patriot to protect his country from its government,” insisted Paine.
“When the government violates the people’s rights,” Lafayette warned, “insurrection is, for the people and for each portion of the people, the most sacred of the rights and the most indispensable of duties.”
Adams cautioned, “A settled plan to deprive the people of all the benefits, blessings and ends of the contract, to subvert the fundamentals of the constitution, to deprive them of all share in making and executing laws, will justify a revolution.”
And who could forget Patrick Henry with his ultimatum: “Give me liberty or give me death!”
