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** When Dissent Becomes a Crime: The War on Political Speech Begins
By John & Nisha Whitehead
March 12, 2025
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“Once the principle is established that the government can arrest and jail protesters… officials will use it to silence opposition broadly ([link removed]) .”—Heather Cox Richardson, historian

You can’t have it both ways.

You can’t live in a constitutional republic if you allow the government to act like a police state.

You can’t claim to value freedom if you allow the government to operate like a dictatorship.

You can’t expect to have your rights respected if you allow the government to treat whomever it pleases with disrespect and an utter disregard for the rule of law.

There’s always a boomerang effect.

Whatever dangerous practices you allow the government to carry out now—whether it’s in the name of national security or protecting America’s borders or making America great again—rest assured, these same practices can and will be used against you when the government decides to set its sights on you.

Arresting political activists engaged in lawful, nonviolent protest activities ([link removed]) is merely the shot across the bow.

The chilling of political speech and suppression of dissident voices are usually among the first signs that you’re in the midst of a hostile takeover by forces that are not friendly to freedom.
MAKE THE GOVERNMENT PLAY BY THE RULES OF THE CONSTITUTION ([link removed])

This is how it begins.

Consider that Khalil Mahmoud, an anti-war protester and recent graduate of Columbia University, was arrested on a Saturday night by ICE agents ([link removed]) who appeared ignorant of his status as a legal U.S. resident and his rights thereof. That these very same ICE agents also threatened to arrest Mahmoud’s eight-months-pregnant wife ([link removed]) , an American citizen, is also telling.

This does not seem to be a regime that respects the rights of the people.

Indeed, these ICE agents, who were “just following orders ([link removed]) ” from on high, showed no concern that the orders they had been given were trumped up, politically motivated and unconstitutional.

If this is indeed the first of many arrests to come, what’s next? Or more to the point, who’s next?

We are all at risk.

History shows that when governments claim the power to silence dissent—whether in the name of national security, border protection, or law and order—that power rarely remains limited. What starts as a crackdown on so-called “threats” quickly expands to include anyone who challenges those in power.

President Trump has made it clear that Mahmoud’s arrest ([link removed]) is just “the first arrest of many ([link removed]) to come.” He has openly stated his intent to target noncitizens who engage in activities he deems contrary to U.S. interests ([link removed]) —an alarmingly vague standard that seems to change at his whim, the First Amendment be damned.

If history is any guide, the next targets will not just be immigrants or foreign-born activists. They will be American citizens who dare to speak out.

If you need further proof of Trump’s disregard for constitutional rights, look no further than his recent declaration that boycotting Tesla is illegal ([link removed]) —a chilling statement that reveals his fundamental misunderstanding of both free speech and the rule of law.

For the record, there is nothing illegal about exercising one’s First Amendment right of speech, assembly, and protest in a nonviolent way ([link removed]) to bring about social change by boycotting private businesses. In fact, the U.S. Supreme Court ruled 8-0 in NAACP v. Claiborne Hardware Co. (1982) that nonviolent boycotts are a form of political speech ([link removed]) which are entitled to First Amendment protection.

The problem, unfortunately, when you’re dealing with a president who believes that he can do whatever he wants because he is the law ([link removed]) is that anyone and anything can become a target.

Mahmoud is the test case.

As journalists Gabe Kaminsky, Madeleine Rowley, and Maya Sulkin point out, Mahmoud’s arrest for being a “threat to the foreign policy and national security interests of the United States ([link removed]) ” (note: he is not actually accused of breaking any laws) is being used as a blueprint for other arrests to come ([link removed]) .

What this means is that anyone who dares to disagree with the government and its foreign policy and express that disagreement could be considered a threat to the country’s “national security interests.”

Yet the right to speak out against government wrongdoing is the quintessential freedom.

Indeed, the First Amendment does more than give us a right to criticize our country: it makes it a civic duty. Certainly, if there is one freedom among the many spelled out in the Bill of Rights that is especially patriotic, it is the right to criticize the government.

Unfortunately, the Deep State doesn’t take kindly to individuals who speak truth to power.

This is nothing new, nor is it unique to any particular presidential administration.

Throughout history, U.S. presidents have used their power to suppress dissent. The Biden administration ([link removed]) equated the spread of “misinformation” with terrorism. Trump called the press “the enemy of the people ([link removed]) ” and suggested protesting should be illegal ([link removed]) . Obama expanded anti-protest laws ([link removed]) and cracked down on whistleblowers ([link removed]) . Bush’s Patriot Act made it a crime to support organizations the government deemed
terrorist, even in lawful ways ([link removed]) . This pattern stretches back centuries—FDR censored news ([link removed]) after Pearl Harbor, Woodrow Wilson outlawed criticism ([link removed]) of war efforts, and John Adams criminalized speaking against the government ([link removed]) .

Regardless of party, those in power have repeatedly sought to limit free speech. What’s new is the growing willingness to criminalize political dissent under the guise of national security.

Clearly, the government has been undermining our free speech rights for quite a while now, but Trump’s antagonism towards free speech is taking this hostility to new heights.

The government has a history of using crises—real or manufactured—to expand its power.

Once dissent is labeled a threat, it’s only a matter of time before laws meant for so-called extremists are used against ordinary citizens. Criticizing policy, protesting, or even refusing to conform could be enough to put someone on a watchlist.
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We’ve seen this before.

The government has a long list of “suspicious” ideologies and behaviors it uses to justify surveillance and suppression. Today’s justification may be immigration; tomorrow, it could be any form of opposition.

This is what we know: the government has the means ([link removed]) , the muscle and the motivation to detain individuals who resist its orders and do not comply with its mandates in a vast array of prisons, detention centers, and concentration camps paid for with taxpayer dollars.

It’s just a matter of time.

It no longer matters what the hot-button issue might be (vaccine mandates, immigration, gun rights, abortion, same-sex marriage, healthcare, criticizing the government, protesting election results, etc.) or which party is wielding its power like a hammer.

The groundwork has already been laid.

Under the indefinite detention provision of the National Defense Authorization Act (NDAA), the President and the military can detain and imprison American citizens with no access to friends, family or the courts if the government believes them to be a terrorist.

So it should come as no surprise that merely criticizing the government ([link removed]) could get you labeled as a terrorist.

After all, it doesn’t take much to be considered a terrorist anymore, especially given that the government likes to use the words “anti-government,” “extremist” and “terrorist” interchangeably ([link removed]) .

This is what happens when you not only put the power to determine who is a potential danger in the hands of government agencies, the courts and the police but also give those agencies liberal authority to lock individuals up for perceived wrongs.

It’s a system just begging to be abused by power-hungry bureaucrats desperate to retain their power at all costs.

Having allowed the government to expand and exceed our reach, we find ourselves on the losing end of a tug-of-war over control of our country and our lives. And for as long as we let them, government officials will continue to trample on our rights, always justifying their actions as being for the good of the people.

Yet the government can only go as far as “we the people” allow. Therein lies the problem.

This is not just about one administration or one set of policies. This is a broader pattern of governmental overreach that has been allowed to unfold, unchecked and unchallenged. And at the heart of this loss of freedom is a fundamental misunderstanding—or even a deliberate abandonment—of what sovereignty really means in America.

Sovereignty is a dusty, antiquated term that harkens back to an age when kings and emperors ruled with absolute power over a populace that had no rights. Americans turned the idea of sovereignty on its head when they declared their independence ([link removed]) from Great Britain and rejected the absolute authority of King George III. In doing so, Americans claimed for themselves the right to self-government ([link removed]) and established themselves as the ultimate authority and power.

In other words, as the preamble to the Constitution states, in America, “we the people”—sovereign citizens—call the shots.

So, when the government acts, it is supposed to do so at our bidding and on our behalf, because we are the rulers.

That’s not exactly how it turned out, though, is it?

In the 200-plus years since we boldly embarked on this experiment in self-government, we have been steadily losing ground to the government’s brazen power grabs, foisted upon us in the so-called name of national security.

The government has knocked us off our rightful throne. It has usurped our rightful authority. It has staged the ultimate coup. Its agents no longer even pretend that they answer to “we the people.”

This is how far our republic has fallen and how desensitized “we the people” have become to this constant undermining of our freedoms.

If we are to put an end to this steady slide into totalitarianism, that goose-stepping form of tyranny in which the government has all of the power and “we the people” have none, we must begin by refusing to allow the politics of fear to shackle us to a dictatorship.

President Trump wants us to believe that the menace we face (imaginary or not) is so sinister, so overwhelming, so fearsome that the only way to surmount the danger is by empowering the government to take all necessary steps to quash it, even if that means allowing government jackboots to trample all over the Constitution.

Don’t believe it. That argument has been tried before.

The government’s overblown, extended wars on terrorism, drugs, violence and illegal immigration have all been convenient ruses used to terrorize the populace into relinquishing more of their freedoms in exchange for elusive promises of security.

We are walking a dangerous path right now.

Political arrests. Harassment. Suppression of dissident voices. Retaliation. Detention centers for political prisoners.

These are a harbinger of what’s to come if the Trump administration carries through on its threats to crack down on any and all who exercise their First Amendment rights to free speech and protest.

We are being acclimated to bolder power grabs, acts of lawlessness, and a pattern of intimidation, harassment, and human rights violations by government officials. And yet, in the midst of this relentless erosion of our freedoms, the very concept of sovereignty—the foundational idea that the people, not the government, hold ultimate power—has been all but forgotten.

“Sovereignty” used to mean something fundamental in America: the idea that the government serves at the will of the people, that “we the people” are the rightful rulers of this land, and that no one, not even the president, is above the law. But today, that notion is scarcely discussed, as the government continues its unchecked expansion.

We have lost sight of the fact that our power is meant to restrain the government, not the other way around.

Don’t allow yourselves to be distracted, derailed or desensitized.

As I make clear in my book Battlefield America: The War on the American People ([link removed]) and in its fictional counterpart The Erik Blair Diaries ([link removed]) , the moment these acts of aggression becomes the new normal, authoritarianism won’t be a distant threat; it will be reality.

WC: 1982

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ABOUT JOHN & NISHA WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His latest books The Erik Blair Diaries ([link removed]) and Battlefield America: The War on the American People ([link removed]) are available at www.amazon.com. Whitehead can be contacted at [email protected] (mailto:[email protected]) .

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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