Tag: police state

Journalism Is Not a Crime, Even When It Offends the Government

WikiLeaks founder Julian Assange has been imprisoned in London for five years, while Texas journalist Priscilla Villarreal was only briefly detained at the Webb County Jail. But both were arrested for publishing information that government officials wanted to conceal.

Assange and Villarreal argue that criminalizing such conduct violates the First Amendment. In both cases, the merits of that claim have been obscured by the constitutionally irrelevant question of who qualifies as a “real” journalist.

Assange, an Australian citizen, is fighting extradition to the United States based on a federal indictment that charges him with violating the Espionage Act by obtaining and publishing classified documents that former U.S. Army intelligence analyst Chelsea Manning leaked in 2010. He has already spent about as much time behind bars as federal prosecutors say he would be likely to serve if convicted.

President Joe Biden says he is “considering” the Australian government’s request to drop the case against Assange. But mollifying a U.S. ally is not the only reason to reconsider this prosecution, which poses a grave threat to freedom of the press by treating common journalistic practices as crimes.

All but one of the 17 charges against Assange relate to obtaining or disclosing “national defense information,” which is punishable by up to 10 years in prison. Yet all the news organizations that published stories based on the confidential State Department cables and military files that Manning leaked are guilty of the same crimes.

More generally, obtaining and publishing classified information is the bread and butter of reporters who cover national security. John Demers, then head of the Justice Department’s National Security Division, implicitly acknowledged that reality in 2019, when he assured reporters they needn’t worry about the precedent set by this case because Assange is “no journalist.”

The U.S. Court of Appeals for the 5th Circuit took a similarly dim view of Villarreal in January, when it dismissed her lawsuit against the Laredo prosecutors and police officers who engineered her 2017 arrest. They claimed she had violated Section 39.06(c) of the Texas Penal Code, an obscure law that makes it a felony to solicit or obtain nonpublic information from a government official with “intent to obtain a benefit.”

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This Elderly Man Was Arrested After Shooting a Burglar in Self-Defense—Because His Gun Was Unlicensed

Dennis Powanda and Vincent Yakaitis are bound together by a common experience: They were both criminally charged in connection with an attempted burglary. Powanda was the burglar, and Yakaitis was the property owner.

Ah, justice.

Indeed, that’s not a misprint, parody, or a bad joke (although I wish it were the latter). Powanda was arrested and charged with criminal trespass and burglary, along with other related offenses, for executing the botched raid a little before 2:00 a.m. in February 2023 at Yakaitis’ property in Port Carbon, Pennsylvania. The government charged Yakaitis, who is in his mid-70s, with using a firearm without a license after he shot Powanda, despite that it appears prosecutors agree Yakaitis justifiably used that same firearm in self-defense.

Whatever your vantage point—whether you care about criminal justice reform and a fair legal system, or gun rights, or all of the above—it is difficult to make sense of arresting and potentially imprisoning someone over what essentially amounts to a paperwork violation. That injustice is even more glaring when considering that Powanda, 40, allegedly charged at Yakaitis, who happens to be about three and a half decades older than Powanda.

Pennsylvania’s permitting regime does carve out a couple of exceptions, one of which would seem to highly favor Yakaitis. Someone does not need a license to carry, according to the law, “in his place of abode or fixed place of business.” Yakaitis owned the home Powanda attempted to burglarize. The catch: He didn’t live there—it reportedly had no tenants at the time of the crime—opening a window for law enforcement to charge him essentially on a technicality.

If convicted, Yakaitis faces up to five years in prison and a $25,000 fine. Quite the price to pay for protecting your life on your own property. The misdemeanor charge also implies that Yakaitis has no history of using his weapon inappropriately, or any criminal record at all, as Pennsylvania law classifies his particular crime—carrying a firearm without a license—as a felony if the defendant has prior criminal convictions and would be disqualified from obtaining such a license. In other words, we can deduce that Yakaitis was a law-abiding citizen and eligible for a permit, which means he is staring down five years in a cell for not turning in a form and paying a fee to local law enforcement. OK.

Yakaitis is not the first such case. In June, law enforcement in New York charged Charles Foehner with so many gun possession crimes that if convicted on all of them he would face life in prison. Police came to be aware of his unlicensed firearms when Foehner defended himself against an attempted mugger—the surveillance footage is here—after which they searched Foehner’s home and found that only some of his weapons were licensed with the state.

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Maricopa County and Arizona State Collaborate To Surveil Social Media and Censor “Misinformation”

The Arizona Secretary of State’s Office and the Maricopa County Recorder’s Office have been exposed as doing their best to team up with social media companies, non-profits, as well as the US government to advance online censorship.

This, yet another case of “cooperation” (aka, collusion) between government and private entities to stifle speech disapproved of by federal and some state authorities has emerged from several public records, brought to the public’s attention by the Gavel Project.

The official purpose of several initiatives was to counter “misinformation” using monitoring and reporting whatever the two offices decided qualified; another was to censor content on social platforms, while plans also included restricting discourse to the point of banning users from county-run accounts.

“Online harassment” was another target, and Maricopa County took it upon itself to “identify” – and then report to law enforcement.

One striking example of the mindset behind all this is a draft of a speech County Recorder Stephen Richer delivered to Maricopa Community Colleges.

As reports note, Richer is hoping to be reelected this year, while back in September 2021, he complained that “lies and disinformation” are undermining “the entire election system.”

“And it is in this respect, that the Constitution today is in some ways a thorn in the side of my office. Specifically the First Amendment,” Richer said – before declaring himself “a huge fan of the Constitution.”

When his office was earlier in the month asked to, essentially, “make it make sense” – they didn’t, stating only that Richer “stands by his speech (…) especially the part where he says he’s ‘a huge fan of the Constitution’.”

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DeSantis Frets About Florida ‘Reeking of Marijauna,’ Says He’ll Oppose Legalization

There may not be a more apt visual metaphor for Florida Gov. Ron DeSantis’ past few years than his opposition to a proposed marijuana legalization ballot initiative—which he announced Tuesday while literally standing behind a sign celebrating “Freedom Month.”

“I don’t want this state to be reeking of marijuana,” DeSantis said, defaulting to one of the laziest arguments against pot freedom, but one that DeSantis has been using for years. “We’re doing fine. We don’t need to do that.”

How’s that for Freedom Month?

In fairness to DeSantis, the jarringly dissonant signage was celebrating the state’s sales tax holiday during May. Even so, the gap between DeSantis’ pro-freedom messaging and his actions as governor has become a recurring theme for the one-time presidential hopeful.

After all, this is the same guy who wrote a book titled The Courage To Be Free, but has made a name for himself in conservative politics by wielding state power against drag queens, student groups, and others who have had the courage to freely express their opinions. On the presidential campaign trail, DeSantis would talk up the importance of school choice and parental rights, then moments later promise stricter state control over school curriculums. He’s championed Florida’s status as a refuge for Americans fleeing poor government policies in other states, even as he’s tried to boot out migrants who are voting with their feet by coming to America for the same reason.

Freedom, for DeSantis, seems to mean that you can do whatever you’d please—but only if he approves.

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Florida Man’s Tall Grass Saga Comes to an End

Retiree Jim Ficken can finally breathe easy. After six years, two lawsuits, and harrying legal wrangling over a $30,000 fine for tall grass in Dunedin, Florida, a new settlement has brought him closure.

The agreement, announced on April 22, ends the city’s pursuit to recover $10,000 in attorney fees that Dunedin officials tried to characterize as “administrative expenses” after reducing Ficken’s original fine by 80 percent. The reduction was only possible because of reforms the city instituted soon after Ficken filed his first lawsuit.

Initially, the city attempted to tack on $25,000 for out-of-pocket legal expenses before realizing it had miscalculated that figure. As a result of this settlement, Ficken will not have to cough up any amount for bogus fees—an important consolation following setbacks in his first lawsuit.

Ficken attempted to reason with code enforcers before going to court—explaining that his lawn had grown long while he was settling his late mother’s estate in South Carolina and that the landscaper he had hired to mow his grass while he was gone had died unexpectedly. He asked for leniency, but the city refused to budge and insisted on full payment: $500 per day for nearly two months, plus interest. They even put liens on Ficken’s home and authorized city attorneys to initiate proceedings to seize it.

In response, Ficken filed a federal lawsuit with representation from the Institute for Justice, asserting that the excessive fines and lack of due process violated his Eighth and Fourteenth Amendment rights. He lost in district court in 2021 and again in 2022 at the 11th Circuit Court of Appeals—but he won in other ways. His case ignited a media frenzy and public calls for reform, prompting Dunedin to overhaul its code enforcement regime to prevent ruinous fines for trivial offenses.

After his legal battles, Ficken managed to get the fines reduced enough to prevent foreclosure. He thought he was safe. But then the city hit him with the bill for attorney fees, a retroactive attempt to penalize him for seeking his day in court. Left with no choice, he sued again in 2023.

The city could have avoided both lawsuits merely by treating Ficken like a neighbor instead of a cash machine.

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The Steady Slide Towards Tyranny: How Freedom Dies from A to Z in America

“As I look at America today, I am not afraid to say that I am afraid.” —Former presidential advisor Bertram Gross

The American governmental scheme is sliding ever closer towards a pervasive authoritarianism.

The American people, the permanent underclass in America, have allowed themselves to be so distracted and divided that they have failed to notice the building blocks of tyranny being laid down right under their noses by the architects of the Deep State.

This steady slide towards tyranny, meted out by militarized local and federal police and legalistic bureaucrats, has been carried forward by each successive president over the past fifty years regardless of their political affiliation.

Biden, Trump, Obama, Bush, Clinton: they have all been complicit in carrying out the Deep State’s agenda.

Frankly, it really doesn’t matter who occupies the White House, because it is a profit-driven, unelected bureaucracy—call it whatever you will: the Deep State, the Controllers, the masterminds, the shadow government, the corporate elite, the police state, the surveillance state, the military industrial complex—that is actually calling the shots.

In the interest of liberty and truth, here’s an A-to-Z primer that spells out the grim realities of life in the American Police State that no one seems to be talking about anymore.

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Ohio Pastor Criminally Charged for Letting People Sleep In Church. Again.

An Ohio pastor is once again being brought up on criminal charges for sheltering people in his church.

On Friday, the city of Bryan, Ohio refiled charges against Chris Avell, the pastor of Dad’s Place, for fire and zoning code violations related to his operation of a 24-hour “Rest and Refresh” ministry at the church’s downtown building.

The city argues the church’s 24-hour ministry is in fact just a residential homeless shelter, which is not allowed at the commercially zoned property. The fire code violations make it not only unauthorized but also unsafe. Each violation, if not corrected, is punishable by a $1,000 daily fine.

“We appreciate that Dad’s Place has tried to help people in need,” said Bryan Mayor Carrie Schlade in a statement. “But putting these people’s lives at risk in the case of a fire or other dangers is not helping them.”

“Here we are with the pastor facing new criminal charges for caring for people inside his church,” First Liberty Institute attorney Jeremy Dys, who is representing Dad’s Place, told Reason in an interview on Friday.

Reason covered Avell’s case back in January when he was first charged with 18 criminal counts for similar zoning and fire code violations.

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TikTok Ban Exposes Hypocrisy in Congress

President Biden’s campaign will continue using the popular social media site TikTok even though the president supported a provision in the military aid bill he recently signed forcing TikTok’s parent company ByteDance to sell TikTok within 270 days. If ByteDance does not sell TikTok within the required time, TikTok will be banned in the USA. Biden’s continued use of TikTok to reach the approximately 150 million American TikTok users, is not the only example of hypocrisy from politicians who support the TikTok ban.

The TikTok ban was driven by claims that, because ByteDance is a Chinese company, TikTok is controlled by the Chinese government and, thus. is helping the Chinese government collect data on American citizens. However, the only tie ByteDance has to the Chinese government is via a Chinese government controlled company that owns a small amount of stock in a separate ByteDance operation. Furthermore, ByteDance stores its data in an American facility not accessible by the Chinese government.

Just days before passing the TikTok ban, the same Senate that is so concerned about TikTok’s alleged violations of Americans’ privacy passed the FISA reauthorization bill. This bill not only extended existing authorities for warrantless wiretapping and surveillance, it made it easier for government agencies to spy on American citizens. It did this by requiring anyone with access to a targeted individual’s electronic device to cooperate with intelligence agencies.

Supporters of banning TikTok also cited concerns over the site’s “content moderation” policies. These policies reportedly forbid postings embarrassing to the Chinese government such as some related to the 1989 Tiananmen Square confrontation or the Free Tibet movement.

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The Face Behind Australia’s Censorship Push

Australia’s eSafety Commissioner, Julie Inman Grant, has made international headlines over alleged censorship creep in an escalating standoff with social media platform X, owned by billionaire Elon Musk.

Inman Grant’s current crusade is not an isolated affair. She is a key player in a growing network of international initiatives seeking to impose bureaucratic controls over citizens’ speech, including coordinating with high-level EU officials, the World Economic Forum, and government-backed “anti-disinformation” projects such as the Institute for Strategic Dialogue. 

The fracas with Musk involves Inman Grant obtaining an interim injunction to force X to hide footage of the non-fatal stabbing of a Bishop, which was live-streamed during a Western Sydney church service on Monday evening 15 April. 

​​X Global Affairs says the platform complied with a removal notice from the Commissioner to restrict content visibility to Australian audiences, but has challenged a further “unlawful” demand that X “globally withhold these posts or face a daily fine of $785,000 AUD.”

“Our concern is that if ANY country is allowed to censor content for ALL countries, which is what the Australian “eSafety Commissar” is demanding, then what is to stop any country from controlling the entire Internet?” Musk posted to X.

eSafety would not confirm if the removal notice ordered that X withhold the footage globally or just within Australia, but in a statement released on 23 April, the Commissioner confirmed that eSafety will seek a permanent injunction and civil penalties against X Corp over the matter. 

Politicians on both sides of the aisle have come out swinging in support of Inman Grant, calling for more online censorship as they seek to exploit two recent knife attacks, one of which claimed six lives to relaunch a shelved misinformation bill, with the center-right opposition flipping its position to now support the legislation.

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