- Wednesday, September 18, 2024

Let’s be clear about one thing: seditious conspiracy, the charge levied against many of those involved in the Jan. 6, 2021 Capitol protests, isn’t a real crime to anyone but the U.S. government.

To be convicted of seditious conspiracy, one doesn’t have to engage in violence against the government, vandalize government property, or even trespass on property that the government has declared off-limits to the general public.

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To be convicted of seditious conspiracy, one need only foment a revolution.

Whether or not those convicted of taking part in the Capitol riots deserve such hefty sentences, the government should not be using the events of January 6 to criminalize political expression in thoughts, words, and deeds.

After all, the history of this nation is populated by individuals whose rhetoric was aimed at fomenting civil unrest and revolution.


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Indeed, by the government’s own definition, America’s founders were seditious conspirators based on the heavily charged rhetoric they used to birth the nation.

Thomas Jefferson, Thomas Paine, Marquis De Lafayette, and John Adams would certainly have been charged for suggesting that Americans should not only take up arms but be prepared to protect their liberties and defend themselves against the government should it violate their rights.

Had America’s founders feared revolutionary words and ideas, there would have been no First Amendment, which protects the right to political expression, even if that expression is anti-government.

No matter what one’s political persuasion might be, every American has a First Amendment right to protest government programs or policies with which they might disagree.

The right to disagree with and speak out against the government is the quintessential freedom.

Every individual has a right to speak truth to power — and foment change — using every nonviolent means available.

Unfortunately, the government is increasingly losing its tolerance for anyone whose political views could be perceived as critical or “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.

Get ready for the next phase of the government’s war on thought crimes and truth-tellers.

For years now, the government has used all of the weapons in its vast arsenal — surveillance, threat assessments, fusion centers, pre-crime programs, hate crime laws, militarized police, lockdowns, martial law, etc. — to target potential enemies of the state based on their ideologies, behaviors, affiliations and other characteristics that might be deemed suspicious or dangerous.

For instance, if you believe in and exercise your rights under the Constitution (namely, your right to speak freely, worship freely, associate with like-minded individuals who share your political views, criticize the government, own a weapon, demand a warrant before being questioned or searched, or any other activity viewed as potentially anti-government, racist, bigoted, anarchic or sovereign), you could be at the top of the government’s terrorism watch list.

Moreover, as a New York Times editorial warns, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the police if you are afraid that the government is plotting to confiscate your firearms, if you believe the economy is about to collapse and the government will soon declare martial law, or if you display an unusual number of political and/or ideological bumper stickers on your car.

In other words, if you dare to subscribe to any views that are contrary to the government’s, you might already be flagged as potentially anti-government in a government database somewhere that identifies and tracks individuals who aren’t inclined to march in lockstep to the police state’s dictates.

As The Intercept reported, the FBI, CIA, NSA, and other government agencies have increasingly invested in corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, X (formerly Twitter), and Instagram in order to identify potential extremists and predict who might engage in future acts of anti-government behavior.

Following the current trajectory, it won’t be long before anyone who believes in holding the government accountable is labeled an “extremist,” relegated to an underclass that doesn’t fit in, watched all the time, and rounded up when the government deems it necessary.

We’re almost at that point now.

Eventually, we will all be seditious conspirators in the eyes of the government.

We would do better to be conspirators for the Constitution starting right now.

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 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 www.rutherford.org.

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