NavyJack – Defending Freedom of Speech Against Violent Attacks from the Left

NavyJack – Defending Freedom of Speech Against Violent Attacks from the Left

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” –  1st Amendment to the Constitution of the United States

There are a significant number of public speakers on both the left and the right that I personally disagree with. As an Oath Keeper, I do not have the latitude to determine what speech is worth defending. This article will review the responsibilities of citizens to defend free speech and address what is legal and what is not legal with regard to exercising the right to freedom of speech and the right to peaceably assemble. This article will also review the false narrative that the 1st Amendment somehow provides protesters with the right to use actions other than peaceful assembly and speech to protest against the actions, policies, politics or speech of others.

If you believe in the mission of Oath Keepers, please share this article on social media and consider making a donation to support our work. You can Donate Here.

The Bill of Rights makes no distinction on what is acceptable or unacceptable speech. The U.S. Supreme Court has made it perfectly clear that all speech and all freedoms of the press cannot be regulated by the Federal Government or by the States unless that speech meets one of the following conditions:

  1. The speech promotes intentional libel or slander, or
  2. The speech is a criminal threat, or
  3. The speech is directed to inciting imminent lawless action and is likely to incite or produce such action.

The courts have long recognized specific limitations when it comes to speech, such as prohibitions against slander and libel. Many States have laws regarding libel or speech that intentionally slanders.  There are no Federal restrictions on libel or slander.

New York Times Headline – Anarchist Vow to use Violence to Stop Free Speech – February 3, 2017

Both Federal and State laws recognize that criminal threats constitute a crime. A criminal threat, sometimes known as the terrorist threat, malicious harassment, or by other terms, occurs when someone threatens to kill or physically harm someone else.  Criminal threats are made with the intention to place someone in fear of injury or death. However, it isn’t necessary for a victim to actually experience fear or terror. Rather, it’s the intention of the person making the threat that matters.

In 1969, the U.S. Supreme Court ruled in Brandenburg v. Ohio that; “The constitutional guarantees of free speech and free press do not permit a state to forbid or proscribe advocacy of the use of force, or of law violation except where such advocacy is directed to inciting imminent lawless action and is likely to incite or produce such action.”  This ruling is the standard for all subsequent cases brought before the court and is the law of the United States. Only speech that poses an imminent danger of unlawful action, where the speaker has the intention to incite such action and there is the likelihood that this will be the consequence of his or her speech, may be restricted and punished by law.

Contrary to popular belief, the United States does not have laws against “hate speech” unless that speech is a criminal threat to place someone in fear of injury or death or is directed to inciting imminent lawless action and is likely to incite or produce such action.

“The 1st Amendment does not permit protesters to block access to buildings, areas of assembly, roads or bridges. It does not allow protesters to infringe on the rights of anyone.” – NavyJack

The Current Situation

NYC Antifa Poster – Disrupt speaker Gavin McInnes at NYU – February 2, 2017

The political left and those who subscribe to leftist anarchist and antifascist organizations have taken it upon themselves to limit free speech of those that do not subscribe to their political beliefs. They have begun enforcing their own “hate speech” beliefs with force and with violence. These individuals and organizations are promoting violence against any individual or organization that they disagree with. They are seriously violating the U.S. Constitution and our laws. They are supported by politicians, law enforcement personnel and judges that have taken an oath to protect and defend the U.S. Constitution from all enemies, foreign and domestic. These individuals and these organizations are domestic terrorists:

18 U.S. Code § 2331

(5) the term “domestic terrorism” means activities that—

(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

(B) appear to be intended—

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion; or

(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(C) occur primarily within the territorial jurisdiction of the United States.

Law enforcement personnel, politicians and judges that refuse to uphold our laws are enabling terrorism. It is time to prosecute all of these individuals for their crimes. It is also time to eradicate these so called “antifascist” organizations based on their promotion of terrorist activities. Because of our large number of current and former law enforcement officers and military personnel, Oath Keepers has a role to play in bringing these criminals to justice. We also have a responsibility to protect and defend the 1st Amendment to the Constitution of the United States from domestic terrorists and their enablers.

What can we do?

Berkeley Antifa Riots to Stop Milo Event

First, we must not shy away from stating that the individuals and organizations responsible for these crimes are “domestic terrorists”. They are committing crimes and they are currently going unpunished. Every Federal, State and local law enforcement officer and judge in the United States is responsible for enforcing 18 U.S. Code § 2331. Demand this law be enforced. Do it in writing. Speak up at city and county meetings. If you are a witness to a terrorist threat, report it and demand a copy of the report. In every case where an Oath Keepers associated with Operation HYPO filed a police report regarding planned or threatened criminal or terrorist activity, law enforcement personnel took at least some action. Call the local news stations and make sure they get the story right and that blame is placed where it belongs. At least try.

Second, we must be good citizens that recognize the rights guaranteed by the U.S. Constitution and defend the rights of all citizens to exercise their right to freedom of speech, to peaceably assemble, and to petition the Government for a redress of grievances. The right to peaceably assemble does not include the right to infringe on the rights of other citizens. It does not allow for the blocking of access to buildings, areas of assembly, roads or bridges. Peaceful assembly in no way allows for protesters or demonstrators to break the law. This lunacy must end.  The politicians and the police departments that allow such behavior must be chastised for their complicity in restricting the rights of those inconvenienced by these actions. When we observe or are inconvenienced by these types of actions, we must be willing to file a report against those responsible. We must demand accountability of our elected leaders and law enforcement personnel. Take names. Take pictures. Get badge numbers. Demand action.

Third, as citizens and Oath Keepers we are obligated to intervene and render aid to anyone that is being subjected to an assault, terrorism or other criminal activity that could result in bodily harm. It is your duty. We all have varying levels of ability to provide this assistance. At a minimum, we must be willing to summon law enforcement and provide witness statements. If your physical condition, training, weapons readiness and experience permit, you must consider intervention and the potential use of force necessary to stop an attack against another citizen. Every state provides the ability for a citizen to intervene to stop an assault against another person. Only that force which is required to stop the assault should be used. If you are in possession of a legal firearm, make sure that you know the State and local restrictions against brandishing or threatening to use that weapon against an assailant to stop an assault.

I fully expect to get a rash of comments that we should just let the police to their job and not intervene. Baloney. If the police fail to do their job, which is not at all uncommon in the current protest and riot situations, you cannot be a good citizen and an Oath Keeper if you do not at least do what you can to stop the attack. I am not asking you to jump into a street fight that is 10 to 1 against you to save another citizen from further bodily harm. I am stating that you have a responsibility to do what you can, even if all you can do is scream at a police officer at the top of your lungs to do their damn job.

Berkeley Police Had a ‘No Arrests Policy’ – Click Image to Read the Article from Breitbart News

Now I know we have a lot of members that are police officers that may take offense to my statements above, and if any of you are one of the officers I am referring to that fails to render aid in these situations because of “orders”, you should be offended. You took an oath to protect and serve. To the rest of you, I am your most ardent supporter and I will risk my life to save your life without hesitation.

I am not asking anyone to go out and look for trouble. I am not asking you to seek out these violent protesters and intervene. I am stating that you have a duty to render assistance to the best of your ability if you witness an assault. I am stating that you have a duty to report criminal and/or terrorist activity. I am stating that you have a duty to go to city and county meetings and demand that these terrorist activities cease and the perpetrators be arrested, charged, convicted and sentenced. Until we all recognize our duty as citizens, the violence will continue and left unpunished, will escalate further.

About Author

Navy Jack

During my service I deployed on various platforms, including submarines, amphibious assault units and special boats. I participated in expeditionary and humanitarian missions to the North Atlantic, Iran, Beirut, Libya, and the Caribbean. I am a Patron Life Member of the NRA. I am an Oath Keeper Life Member.

Comments

  1. Chip 6 February, 2017, 06:02

    Brilliant work NJ! “I fully expect to get a rash of comments that we should just let the police to their job and not intervene.” You hit the bulls-eye with that one brother! History is our greatest teacher…we have so been here before…exactly HERE: https://www.thecatholicthing.org/2017/02/06/fabricating-perfection-a-review-of-the-hidden-rebellion/ Study it…learn from it. I encourage you to visit the Facebook link at the bottom and post your comments. Again, J…GREAT work! God Bless You, and all OKs ready and willing to answer the call.

    Reply this comment
  2. sealaw 6 February, 2017, 06:35

    Thanks NJ for keeping this issue on the front burner. Antifa and other violent “black bloc” rioters are the enemy within. These are the ISIS trainees recently returned from terrorist training camps in Syria, Yemen and other islamist controlled countries. These are the subversive scum our President is trying to stop from entering or re-entering the U.S. with his travel ban. They are trained in promoting social upheaval and in anti-government violence, and they are aided and abetted by leftist billionaires, socialist universities and the media. Their goal is nothing less than violent revolution and overthrow of the U.S. Constitutional Republic. Oath Keepers must know who the enemy is and what to expect from them…because they know who we are. Vigilance brothers and sisters…

    Reply this comment
    • SevanCenturio 17 February, 2017, 19:17

      So, according to Wikipedia, Oath Keepers is an ‘anti-government American organization’. I didn’t join an anti-government American organization.
      Every soldier knows it’s their own duty to refuse unlawful orders. If an order is seemingly criminal, such as “… get rid of those prisoners.”, it would result in criminal behavior as codified in the Uniform Code of Military Justice. “Against the law” or “unlawful” is valid wherever you happen to be. A combat zone, a military base, a police station, a college, a city. And there are plenty of folks out there willing to get you to do their dirty work. “I was only following orders” didn’t work for those accused of crimes against humanity after WWII. Soldiers are prosecuted for following unlawful orders; Cops can be prosecuted as well.
      The following of unlawful orders create crimes. To some of us, our oaths are expressions of who we are and what we stand for. More and many of us are given directives from “higher-up” to do things that make us feel uneasy. But they are promulgated to the lower rank and file regardless of their content. Many are contrary to the Law of the Land. More and more, the Bill of Rights and the Constitution of the United States, one of the greatest documents in history and the first of its kind in the development of Civilization and the Rule of Law, are being eroded.
      The active duty Oath Keeper is the first line of defense in maintaining, and with God’s help restoring, the freedom we enjoy apart from any other country in the world. No matter what anyone here, or elsewhere, thinks or believes about the United States, I have served in, or lived in, or visited many places around the world and the US is the best. I have looked objectively and experienced (perhaps not as objectively) the cultures and attitudes which prevail in many areas of the world. If you were born in the USA you won the lottery of life. In this country you can live your life largely free of interference, but this may not last much longer. If you are some kind of protester, just realize this is the place where you can protest, where you can say things that anger others. This is the place where slaves became free, where the truly oppressed can breathe freely, where women can vote and drive a car, and in the United States… anyone can grow up to be President.
      The founding documents of this great nation helped create a bastion of freedom for the rest of the world. However, our freedoms are being chipped away. Freedom of Speech is threatened when speech is silenced. Freedom to Worship is threatened when a store keeper is forced to compromise their beliefs or be fined or jailed by the tyranny of the minority. Freedom to Assemble is threatened when opposing voices are relegated to “free-speech zones”. The words and ideas contained there, in our Constitution are worth protecting and fighting for, and of those sworn to protect it, I for one, will not compromise or apologize.

      Reply this comment
  3. Patriot 30828 6 February, 2017, 14:49

    Welcome to the great late USA, these people are calling for open violence against the President and anyone else that gets in there way ,this is clear domestic terrorism that is being encourage and endorse by some politicians and the news media, I am afraid if this is allowed to take its present course things are going to get out of control real fast, be ready to take a stand. Psalm 144.1
    Blessed be the Lord my Rock,
    Who trains my hands for war,
    And my fingers for battle
    2 Chronicles 7:14
    “ If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.

    Reply this comment
  4. quatermain 7 February, 2017, 08:52

    Well stated and very relevant. Thank you.

    Reply this comment
  5. Flybob 7 February, 2017, 09:29

    I mean no disrespect but you and I both took an oath to support, defend and uphold the US Constitution. I think a very large part of the problem is that we are being taught not to take every word literally and that’s a HUGE mistake. The first amendment was written to protect US as individuals. For instance the government and the lawyers would have us believe that freedom of the press means they can print anything they want. That is true but it’s a half truth. It means that the press cannot be kept out of where they want to go as well. It was so the people would have information the press has found. Same with freedom of speech. NO speech may be banned no matter how toxic. Yelling “fire” in a crowded theater is NOT against the law and it cannot be. If you DO yell fire in a crowded theater and someone is harmed by your actions then you should be held responsible for your actions but the actual yell is absolutely protected by the US Constitution. The second you claim there has to be SOME limitations on the Constitution, you have effectively negated the entire thing. If not then WHO decides what can be limited or not. If the government or the courts say we can only have 22LR because that’s what they see as safe, would that be a fair limitation? Some say it would….but it is against the original intent. NO law in any state is valid if it’s unconstitutional but because of “interpretation” we allow ourselves to be incarcerated for obeying the law. NO GUN LAW IN ANY STATE IS VALID!!!! MANY of us have been put in jail for OBEYING THE SECOND AMENDMENT!!! Once you deny ANY literal reading of ANY word in the Constitution, you leave ALL of it up for interpretation which is tyranny. The Constitution and the Declaration of Independence are the ONLY two documents that can once again unify ALL Americans and put things right again. If we let them play a game by joining in their lies then we just lost. NO judge or politician is adhering to their oaths and they should ALL be removed. ALL OF THEM!!! Remember it is the things we do NOT like that PROVES we are free….not the things we agree with. Get back to the literal meaning of our founding documents and adhere to our oaths and America will fix itself. Otherwise we have been successfully invaded by muslims, mexicans and our own government. Face the facts or it will be our demise. America is NOT out of trouble because we have a decent president instead of a muslim fraud……we have HUGE hurdles to cross. Check out http://www.deagel.com/country/forecast.aspx If they’re even close to right this will be a terrible year for America. FORCE our government and judges to adhere to their oaths…..it’s the only way

    Reply this comment
  6. Georgie 7 February, 2017, 09:59

    Peaceful transition of power??? Those days appear to be over and it is obvious who is adding fuel to the fire. I’m on call day or night.

    Reply this comment
  7. H50 7 February, 2017, 10:31

    We’re looking at the tail of the snake in regard to these groups of violence….
    Need to eliminate the head of the snake, money source, and director of all things evil, George Soros.

    Reply this comment
    • jamie boy 13 February, 2017, 08:37

      All billionaires involved should be prosecuted. But they won’t be because they own the judges, prosecutors, etc.

      Reply this comment
  8. dan 7 February, 2017, 11:53

    EVEN OUTNUMBERED, IT IS THE PERSONS RESPONSIBILITY TO DEFEND THEMSELVES AND LOVED ONES……BY ANY MEANS AVAILABLE…..TO THE BEST OF YOUR ABILITY…WHEN PLACED IN A THREATING SITUATION YOU CAN NOT EVADE OR REMOVE PEOPLE FROM…..MAKE ‘EM PAY…AND GOD WILL SORT IT OUT…..SEMPER FI

    Reply this comment
  9. Oaf 7 February, 2017, 12:42

    Need to get this petition to investigate Soros’ backing of violent Anarchists through to the White House Please share it.

    https://petitions.whitehouse.gov/petition/investigate-george-soros

    Reply this comment
  10. Jeanette 7 February, 2017, 15:17

    The left won’t even denounce people who behead people, crucify small children, burn people alive, and mutilate about 90% of their little girls. We can’t be surprised that they won’t denounce people who start fist fights and throw water on people.

    Regarding Soros, not only should he be investigated and hopefully deported, but whoever signed off on his immigration papers (basically stating that he would be an asset to the U.S.) should be investigated, too. Why would anyone sign those papers for a monster who was instrumental in people being killed in Nazi death camps, unless money was involved?

    Reply this comment
  11. rjohns39 7 February, 2017, 15:57

    For sometime now, my son has been trying to get me to join oath keepers. I’ve been resisting, watching and learning before making my decision. As I’ve grown older and I hope wiser, I’ve learned to discriminate where I place my hat. That said, my next mouse click will be to join oath keepers. As of today, I still hold my commission and the commander in chief has not asked me to resign, therefore I intend to honor my obligation under my oath of office.

    Reply this comment
    • Navy Jack Author 7 February, 2017, 16:33

      rjohns39 – Welcome! We look forward to working with you.

      Reply this comment
    • Chip 7 February, 2017, 18:29

      Welcome aboard rjohns39!

      Reply this comment
    • Ivan Berry 7 February, 2017, 21:14

      rjohns39- welcome to the most active of originalists that have appeared.so far. Pride in Oathkeepers comes with each time an action is reported that concerns the Constitution. They as an organization have leadership that actually gets it. This country is in peril from danger within. Navy Jack has expressed very well one area that should be of major concern.

      Reply this comment
    • SevanCenturio 18 February, 2017, 17:25

      …and the list gets a little longer.

      Reply this comment
  12. Brian 13 February, 2017, 14:38

    February 8, 2017 ‘Extreme Vetting’: Homeland Security’s Attack On Liberty?

    Gen. John Kelly, Director of the Department of Homeland Security, told Congress yesterday that the Administration is considering even more “extreme” vetting measures, to possibly include demands for passwords and information about web browsing habits.

    http://ronpaulinstitute.org/

    Reply this comment

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