First Amendment under attack: How the Police State muzzles our right to speak truth to power – Washington Times
OPINION:
Tyrants dont like people who speak truth to power. Cue the rise of protest laws, which take the governments intolerance for free speech to a whole new level and send the resounding message that resistance is futile.
In fact, ever since the Capitol protests on Jan. 6, 2021, state legislatures have introduced a broad array of these laws aimed at criminalizing protest activities.
Subscribe to haveThe Washington Times Higher Grounddelivered to your inbox every Sunday.
There have been at least 205 proposed laws in 45 states aimed at curtailing the right to peacefully assemble and protest by expanding the definition of rioting, heightening penalties for existing offenses, or creating new crimes associated with assembly.
Weaponized by police, prosecutors, courts and legislatures, these protest laws, along with free speech zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws, and a host of other legalistic maladies have become a convenient means by which to punish individuals who refuse to be muzzled.
In Florida, for instance, legislators passed a no-go zone law making it punishable by up to 60 days in jail to remain within 25 feet of working police and other first responders after a warning.
SEE ALSO: One-third of adults say the First Amendment goes too far
Yet while the growing numbers of protest laws cropping up across the country are sold to the public as necessary to protect private property, public roads or national security, they are a wolf in sheeps clothing, a thinly disguised plot to discourage anyone from challenging government authority at the expense of our First Amendment rights.
It doesnt matter what the source of that discontent might be (police brutality, election outcomes, COVID-19 mandates, the environment, etc.): protest laws, free speech zones, no-go zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws, etc., aim to muzzle every last one of us.
To be very clear, these legislative attempts to redefine and criminalize speech are a backdoor attempt to rewrite the Constitution and render the First Amendments robust safeguards null and void.
This is the painful lesson being imparted with every incident in which someone gets arrested and charged with any of the growing number of contempt charges (ranging from resisting arrest and interference to disorderly conduct, obstruction, and failure to obey a police order) that get trotted out anytime a citizen voices discontent with the government or challenges or even questions the authority of the powers-that-be.
Journalists have come under particular fire for exercising their right to freedom of the press.
According to U.S. Press Freedom Tracker, the criminalization of routine journalism has become a means by which the government chills lawful First Amendment activity.
Journalists have been arrested or faced dubious charges for publishing, asking too many questions of public officials, being rude for reporting during a press conference, and being in the vicinity of public protests and demonstrations.
Its gotten so bad that merely daring to question, challenge or hesitate when a cop issues an order can get you charged with resisting arrest or disorderly conduct.
These incidents reflect a growing awareness about the state of free speech in America: you may have distinct, protected rights on paper, but dare to exercise those rights, and you risk fines, arrests, injuries and even death.
Case in point: Tony Rupp, a lawyer in Buffalo, New York, found himself arrested and charged with violating the citys noise ordinance after cursing at an SUV bearing down on pedestrians on a busy street at night with its lights off. Because that unmarked car was driven by a police officer, thats all it took for Mr. Rupp to find himself subjected to malicious prosecution, First Amendment retaliation and wrongful arrest.
The case, as Jesse McKinley writes in The New York Times, is part of a growing debate over how citizens can criticize public officials at a time of widespread reevaluation of the lengths and limits of free speech. That debate has raged everywhere from online forums and college campuses to protests over racial bias in law enforcement and the Israel-Hamas war. Book bans and other acts of government censorship have troubled some First Amendment experts. Last week, the Supreme Court heard arguments about a pair of laws in Florida and Texas limiting the ability of social media companies such as Facebook to ban certain content from their platforms.
Ultimately, what the architects of the police state want are submissive, compliant, cooperative, obedient, meek citizens who dont talk back, dont challenge government authority, dont speak out against government misconduct, and dont resist.
What the First Amendment protects and a healthy constitutional republic requires are citizens who routinely exercise their right to speak truth to power.
Yet there can be no free speech for the citizenry when the government speaks in a language of force.
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His latest books The Erik Blair Diaries and Battlefield America: The War on the American People are available at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at http://www.rutherford.org.
Originally posted here:
First Amendment under attack: How the Police State muzzles our right to speak truth to power - Washington Times
- Gateway Church wins tithing lawsuit dismissal as federal judge cites First Amendment - The Roys Report - June 28th, 2026 [June 28th, 2026]
- ACLU raises First Amendment concerns over Hartland library boards decision to reshelve LGBTQ+ books - News From The States - June 28th, 2026 [June 28th, 2026]
- Weakening Government Coercion by Strengthening Government Regulation - | Knight First Amendment Institute - June 28th, 2026 [June 28th, 2026]
- Former Executive Sues Meta Over Attempts To Silence Her Memoir, Careless People - First Amendment Watch - June 28th, 2026 [June 28th, 2026]
- ACLU raises First Amendment concerns over Hartland library boards decision to reshelve LGBTQ+ books - Iosco County News Herald - June 28th, 2026 [June 28th, 2026]
- New York City Council Candidate Is Accused of Forgery Over AI-Generated Posts - First Amendment Watch - June 28th, 2026 [June 28th, 2026]
- Why the Prairieland case is more about disproportionate justice than it is the First Amendment - Media Nation - June 28th, 2026 [June 28th, 2026]
- Reflecting on Americas 250th anniversary: The First Amendment - Princeton University Press - June 24th, 2026 [June 24th, 2026]
- How does the First Amendment apply to AI? - FIRE | Foundation for Individual Rights and Expression - June 24th, 2026 [June 24th, 2026]
- 8 Convicted in Texas Immigration Center Shooting and Protest Are Sentenced to Decades in Prison - First Amendment Watch - June 24th, 2026 [June 24th, 2026]
- Justice Department Withdraws Subpoenas That Sought Reporters Grand Jury Testimony, Sources Say - First Amendment Watch - June 24th, 2026 [June 24th, 2026]
- Fence surrounding Eugene Federal Building to be removed within 48 hours, judge rules violation of First Amendment rights - Daily Emerald - June 24th, 2026 [June 24th, 2026]
- Addressing Power Concentration: What to Do About the Office of Management and Budget? - | Knight First Amendment Institute - June 24th, 2026 [June 24th, 2026]
- Pro-life non-profit to stand trial in first of its kind First Amendment lawsuit - Pregnancy Help News - June 24th, 2026 [June 24th, 2026]
- 'Relentless, UN-AMERICAN': Trump escalates attacks on the First Amendment to STARTLING new level - Yahoo - June 24th, 2026 [June 24th, 2026]
- Judge orders release of Palestinian rights advocate, citing likely First Amendment violation - Muslim Network TV - June 24th, 2026 [June 24th, 2026]
- Colberts the Beginning, The First Amendment Battle Continues | Opinion - Newsweek - June 22nd, 2026 [June 22nd, 2026]
- IAFF-backed First Amendment lawsuits advance toward trial - IAFF - June 19th, 2026 [June 19th, 2026]
- Revisiting the First Amendment, which created the architecture of state control in India - The Indian Express - June 19th, 2026 [June 19th, 2026]
- CCIA Files Brief Arguing that Texas App Store Law Likely Violates First Amendment - CCIA - June 19th, 2026 [June 19th, 2026]
- Knight Institute, Sen. Welch, and Mohsen Mahdawi Warn Against Weaponization of Immigration Law - | Knight First Amendment Institute - June 19th, 2026 [June 19th, 2026]
- The First Amendment can be expressed in countless ways, such as painting a crosswalk. - Monterey County Weekly - June 19th, 2026 [June 19th, 2026]
- American opinion: Protecting the First Amendment - Grand Forks Herald - June 19th, 2026 [June 19th, 2026]
- UNs Albanese faces uphill battle with First Amendment case seeking to end sanctions against her - Washington Examiner - June 19th, 2026 [June 19th, 2026]
- Bill Introduced in Congress To Codify the First Amendment Right To Film the Feds and Sue for Violations - Yahoo - June 12th, 2026 [June 12th, 2026]
- Of Slop and Swarms: The First Amendment's Next Test - | Knight First Amendment Institute - June 12th, 2026 [June 12th, 2026]
- Will the First Amendment Affect the Midterms? Government Pressure to Control Speech and AI Tools Worries Americans - American Enterprise Institute -... - June 12th, 2026 [June 12th, 2026]
- Fort Wayne Death Doula Secures Final Victory in First Amendment Lawsuit Challenging States Restrictions on Discussing End-of-Life Care - The Institute... - June 12th, 2026 [June 12th, 2026]
- NJ reproductive health bill raises First Amendment concerns - The Jersey Vindicator - June 12th, 2026 [June 12th, 2026]
- Roll Call. Clicks and confrontation are the real goal of First Amendment auditors - Shaw Local - June 12th, 2026 [June 12th, 2026]
- Southern Baptists Want to Shrink First Amendment Protections - Word&Way - June 12th, 2026 [June 12th, 2026]
- Armstrong responds to backlash over his endorsements I didnt give up my first amendment rights when I became governor - WDAY Radio - June 12th, 2026 [June 12th, 2026]
- On Mormons, The Pentagon, And The First Amendment - Patheos - June 12th, 2026 [June 12th, 2026]
- Philly Cops Admit That Theyre Tracking First Amendment Activity Critical of AI - The Intercept - June 3rd, 2026 [June 3rd, 2026]
- Free Speech Unmuted: The First Amendment and Privacy Rights - Reason Magazine - June 3rd, 2026 [June 3rd, 2026]
- Join the Conversation: The First Amendment and the American Flag - WSHU - June 3rd, 2026 [June 3rd, 2026]
- What Is the Equal Opportunities Rule? FCC Regulation Explained as ABC Claims First Amendment Violation - Freedom Forum - June 3rd, 2026 [June 3rd, 2026]
- VICTORY! Tennessee man jailed 37 days for Trump meme wins $835,000 settlement after First Amendment lawsuit - FIRE | Foundation for Individual Rights... - May 27th, 2026 [May 27th, 2026]
- 'If you can frighten people, you can control them': Journalist Alex Berenson warns about fear-based tactics after securing $150K First Amendment... - May 27th, 2026 [May 27th, 2026]
- The First Amendment exists to protect speech we dont want to hear - CT Mirror - May 27th, 2026 [May 27th, 2026]
- ACLU of Indiana reaches settlement in First Amendment lawsuit against Ball State University - WTHI-TV - May 27th, 2026 [May 27th, 2026]
- Justice Department Appeals Federal Judges Ruling That First Amendment Protections Apply to Sanctioned UN Special Rapporteur - Foundation for Defense... - May 27th, 2026 [May 27th, 2026]
- Q&A: Anna Gomez Is the Sole Democrat on the FCC. She Has a Warning for Big Media Companies - First Amendment Watch - May 27th, 2026 [May 27th, 2026]
- How does the First Amendment apply to protesters at church? Onondaga County lawmakers consider question raised by new bill - AOL.com - May 27th, 2026 [May 27th, 2026]
- A free press is for all of us. Why I cover the First Amendment - The Tennessean - May 17th, 2026 [May 17th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - LancasterOnline - May 17th, 2026 [May 17th, 2026]
- Letter to the Editor: An assault on the First Amendment - Brattleboro Reformer - May 16th, 2026 [May 16th, 2026]
- Re-Aligning Incentives in the Democratic Public Sphere - | Knight First Amendment Institute - May 13th, 2026 [May 13th, 2026]
- In Legal Dispute Over The View, ABC Argues Trump Administration Is Trying To Chill Free Speech - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Appeals Court Spares Trump From Paying $83 Million Defamation Award to E. Jean Carroll For Now - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Online Speech and Jawboning Hypocrisy: Does an Inglorious First Amendment Legacy Await Bondi and Noem? - American Enterprise Institute - AEI - May 13th, 2026 [May 13th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - The Daily Item - May 13th, 2026 [May 13th, 2026]
- ABC accuses FCC of violating its First Amendment rights over its scrutiny of "The View" - CBS News - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Government of Violating First Amendment - The New York Times - May 9th, 2026 [May 9th, 2026]
- Jane Fonda, Patti Smith, Rufus Wainwright to Gather in Celebration of the First Amendment in NYC - Rolling Stone - May 9th, 2026 [May 9th, 2026]
- FCC's warnings on political interviews 'chill' First Amendment, ABC says - Politico - May 9th, 2026 [May 9th, 2026]
- ABC Says FCCs Equal Time Crackdown On The View Chills Its First Amendment Rights - Deadline - May 9th, 2026 [May 9th, 2026]
- ABC accused the U.S. government of violating the First Amendment in a dispute with the FCC over The View. The networks argument is the most aggressive... - May 9th, 2026 [May 9th, 2026]
- ABC accuses government of violating First Amendment - Editor and Publisher - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Trump Administration of Violating First Amendment with FCC's Pointed Attacks on The View - People.com - May 9th, 2026 [May 9th, 2026]
- Sen. Kelly First Amendment Case: Government Cannot Be Arbiter of Its Own Speech Restrictions - Cato Institute - May 9th, 2026 [May 9th, 2026]
- DCYF warning to union leader raises First Amendment concerns, ACLU says - Rhode Island Current - May 9th, 2026 [May 9th, 2026]
- ABC accuses the FCC of violating its first amendment rights - WQAD - May 9th, 2026 [May 9th, 2026]
- Local news and the First Amendment: Whats at stake - Roswell Daily Record - May 9th, 2026 [May 9th, 2026]
- Mark Kelly lawsuit: impact on First Amendment rights of retired veterans - KTAR News 92.3 FM - May 9th, 2026 [May 9th, 2026]
- ABC and Disney accuse Trump admin of violating First Amendment rights - The Verge - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of violating the First Amendment in their attacks on 'The View': An overreach that "threatens to upend decades of settled... - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - KBAK - May 9th, 2026 [May 9th, 2026]
- Disney-Owned ABC Accuses U.S. Government of Violating First Amendment - WDW News Today - May 9th, 2026 [May 9th, 2026]
- ADL Reports a Sharp Drop in US Antisemitic Incidents in 2025, Driven by a Steep Fall on Campuses - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- Bette Midler and Jane Fonda to Headline Protest Concert for the First Amendment in New York - TheWrap - May 9th, 2026 [May 9th, 2026]
- Rutgers University Withdraws Invite to a Graduation Speaker Over His Criticism of Israel - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - WKRC - May 9th, 2026 [May 9th, 2026]
- Patti Smith to take part in Rise Up, Sing Out: A Concert for the First Amendment - Everett Post - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of chilling The View's First Amendment rights to be The View - AV Club - May 9th, 2026 [May 9th, 2026]
- James Comey Faces New Indictment With First Amendment Implications: What You Need to Know - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Supreme Court First Choice ruling crushes lawfare in win for First Amendment - Washington Examiner - May 5th, 2026 [May 5th, 2026]
- Letter: Exercising the First Amendment - The Daily News of Newburyport - May 5th, 2026 [May 5th, 2026]
- Celebrating the Power of Music and the First Amendment at Freely Fest - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Trump uses assassination attempt to justify his assault on first amendment rights to free speech - The Conversation - May 3rd, 2026 [May 3rd, 2026]