RLC News


CONCORD, N.H.—The people of New Hampshire have hope that abusive Transportation Security Administration agents may soon be held accountable for their actions thanks to an amended bill that passed the New Hampshire House today, according to the Republican Liberty Caucus of New Hampshire, which endorsed HB 628.

HB 628, relative to searches conducted for purposes of transportation-related security, will require law enforcement officers employed by the state, a county or a local community to log complaints by citizens in New Hampshire who believe they were abused by a TSA official at the airport, at a bus or train station or on a roadway. The public log will be held by state police and will allow the press, the public and the legislature to track patterns of abuse by TSA officials. The bill also requires law enforcement officials to support citizens who choose to audio or video tape their encounter with a TSA agent.

“I would like to thank the members of the House who supported this bill for understanding the need to protect passengers and transportation vehicles while also respecting basic civil rights and decency,” said Carolyn McKinney, chairman of the Republican Liberty Caucus of New Hampshire. “With the database created by this bill, the State of New Hampshire will be shining the light of public scrutiny on TSA officials, which will hopefully lead to their more respectful behavior toward citizens in New Hampshire—perhaps even across the country.”

TSA officials have been in the news for conducting strip searches against Americans randomly, without any reasonable suspicion, which has led to the complete erosion of civil liberties in the name of security, leaving many passengers literally in tears. Some of the things TSA officials have done to women, men, the elderly and children would be called sexual assault if it was in any other venue. Yet, TSA officials have largely gotten away with their abusive searches, with TSA officials claiming they were just “following procedures.”

“HB 628 would put TSA agents on notice that New Hampshire will be watching what they do, and it will also hold state and local law enforcement officers accountable to their duty to protect the rights of citizens,” McKinney said. “This is a bill that will give citizens a place to turn within the state when they feel they’ve been abused that is not the same agency as the one allegedly doing the abusing.”

The Republican Liberty Caucus of New Hampshire extends its gratitude to Rep. George Lambert of Litchfield, the sponsor of this bill, and Rep. Andrew J. Manuse of Derry, a co-sponsor, who both worked tirelessly to ensure this bill passed through the House. Reps. Laura Jones of Rochester, Dan Itse of Fremont and Frank Sapareto of Derry were also co-sponsors on the bill.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

By Michael S. Murphy – RLC-Wisconsin Chair

Ron Paul has now surged as the GOP Presidential Frontrunner in Iowa. This is making the Republican Warfare Establishment very nervous and some speculate there will be a GOP backlash if Dr. Paul wins the Iowa Caucus.

But will this be smart on behalf of Reince Preibus’ Republican Establishment?

Over the past several years, I have been deeply entrenched in all-things-Paul. Studying the comments in the forums and watching how the independents are polling, it’s obvious that there is a very deep resentment for the treatment Ron Paul has been receiving thus far. The GOP mainstream is disenfranchising the Ron Paul loyalists by contributing to this ridicule and shunning.  This is very surprising being that Ron Paul has garnered 27.5% of the vote in the recent poll.

Can the GOP afford to lose 27.5% of their Republican vote if Ron Paul is not the GOP Nominee?

Seeing how passionate Ron Paul’s supporters are for this man of Constitutional consistency, it would set off red lights and buzzers for me if I were Reince Priebus.  I for one would have at least tried to use my RNC Chair influence to make sure that major news media outlets were reporting equally on all GOP contenders.  If that didn’t work, then I would have made my own personal appeal to the GOP base.  But that didn’t happen. Reince Priebus has been silent in his own words and has not made a plea to keep things  ”Fair and Balanced”.

Now, the Ron Paul loyalists are angry.  You can see it in their online posts, their activism at events they volunteer for; especially in helping his campaign in Iowa, and impressively in their campaign contributions to any one of Ron Paul’s Moneybombs.  In fact, the latest TEA Party moneybomb had collected over $4 Million dollars. Yes, the Ron Paul loyalists are angry; and angry they should be.

Why are these supporters so loyal you might be wondering?

It’s very simple really.  In his 12 terms as Congressman, Ron Paul has a very consistent voting record.  Adhering to the Constitution, Dr. Paul makes no vote in favor of a bill unless it is granted in the US Constitution. He predicted the recession.  He is not afraid to acknowledge the unsustainable debt of our country, and that we cannot spend money we don’t have.  Ron Paul understands the military-industrial complex– the perpetual cycle of overseas wars and imperialism that has depleted our budget, caused enemies abroad, and resulted in tremendous casualties. And he has exposed the conflictions the Federal Reserve poses to our Free Market Economy.

Although these are just a very few of the major reasons Ron Paul loyalists are so enthralled with him, many can cite several pages for their support. But just these few reasons are examples that no other GOP Presidential Nomination contender can self-apply.  The field is currently stocked with the same old dyed-in-the-wool Neoconservatives and Big Government Progressive Conservatives.  With his never-ending passion to uphold the Constitution and the Founding Fathers’ intent, Ron Paul stands above all other Republican Presidential hopefuls both different and alone.

So why are so many Republicans against Ron Paul?

Today’s Republican Party has become a Big Government Conservative Party.  (Huh? Yes, I know…) The sentiment that is present is that Republicans can run a better Big Government than their Democratic counterparts. But Big Government policies and global stormtrooping are policies that are completely different from the Republican principals when the Party was established in our Great State of Wisconsin back in 1854. Ron Paul poses a serious threat to the GOP establishment and Republican Beltway politicians. In his struggle to keep a limited government, Ron Paul’s vision of limiting government would put many in government out of business and yield power to many of the powerbrokers.

Despite the new scene within the Republican Party, the major consensus that still stands strong is to keep government out of the hands of the Democrats. This is a core struggle that is the essence of the Party itself. Many Party loyalists go as far as to claim that come 2012, they will vote for “Anyone But Obama”.

REALLY?

If that is the sentiment within the GOP, then a Ron Paul nomination is not so far fetched.  In another poll recently released, Ron Paul is deemed the most likely to beat President Obama.  If the current crusade is “Anyone But Obama”, then only a fool would stand against Ron Paul being given the nomination. After all, polling reflects he can clearly beat the current President, whose base is fleeing as much as his approval rating is diminishing.  In addition, many are speculating that even anti-war/pro-civil liberties Democrats are looking to vote for Ron Paul over Barack Obama, if that is the match up come general election.

The Ultimatum

The Iowa Caucus will kick off all caucuses and primaries on January 3, 2012. Since there has been not one vote cast for any Republican contender, the field remains completely open.  No candidate is an actual frontrunner, as far as official votes are concerned, or Party favorite as of yet.  Therefore, despite what many in the mainstream media are trying to portray, Ron Paul IS NOT a spoiling third-party candidate; he is a valid Republican contender and should be treated as such.

Taking into consideration the current polling and the strong, unwavering support for Ron Paul by his loyalists, the Republican Party, if they wish to unseat President Obama, has to seriously consider nominating Ron Paul as the Republican Presidential Candidate.

Why?

As the RLC-WI Chair and fellow Ron Paul supporter, I am calling on all the members of the entire Republican Liberty Caucus nationwide, to vote for Ron Paul not only in the Republican Primaries and Caucuses, but in the Presidential General Election too.

I, along with many others, am done with having to be forced to choose the lesser of two evils in what really is a two-party dictatorship.  I see absolutely no difference between the likes of Newt Gingrich and Mitt Romney and Barack Obama.  Individuals like these, both Democratic and Republican, have the same Big Government Statist, globalistic agenda. Sure, they may differ on some issues, but ultimately they have proven by their track records to be proponents of expanding government, not of limiting government. They have restricted individual rights, not upheld them.  And they have restricted and regulated our Market Economy, not completely allowed to maintain and keep it fundamentally free.

Come general election day, I shall vote for Ron Paul.  Whether I check the box for Ron Paul as the nominated Republican candidate or have to write-in his name, Ron Paul and only Ron Paul, shall receive my vote.  I call on all defenders of Liberty and the Constitution to join me as well; and encourage all those in your spheres of influence to do the same.

This Republic shall no longer be held hostage to the party elites and the agenda spinning media.  We, as citizens, shall no longer have to choose such marginal candidates who after time and time again, fail to keep their promises.  Ron Paul has a proven and consistent track record which backs every thing he says.

The option is now for all Republicans to decide…  Choose Ron Paul as your GOP Presidential Nominee or face a significant voter shortage come the general election for an alternate candidate that will suffer the same fate as John McCain did in 2008.

Many will claim that this action is simply another vote for Obama.  If Newt Gingrich or Mitt Romney becomes President, it is my personal belief that we will not see that much of a difference, if any.

If Republicans want Barack Obama removed from office, the only secure option is to vote Ron Paul as the Republican Presidential Nominee.

This is now the Republican’s ultimatum. Choose wisely.

 

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

WASHINGTON DC – In a late session last night, just one day before the 220th anniversary of the day the Bill of Rights were officially added to the Constitution, the U.S. House approved the Conference Report version of the National Defense Authorization Act (NDAA).  The NDAA includes provisions, contained in sections 1021 and 1022,  that would allow the President to use US Military forces to operate inside the United States, in violation of Posse Comitatus, to arrest US civilians and hold them in military detention without charges for an indefinite period of time; an act that will take away the right of Habeas Corpus, a fundamental legal protection guaranteed under the Bill of Rights.

According to the Roll Call Vote, which concluded with a 283-163 vote in favor of the conference report, the RLC-WI learned that Rep. Reid Ribble was the only Republican Congressional member from the State of Wisconsin to vote against HR 1540: National Defense Authorization Act for Fiscal Year 2012.  All other Republican Congressman (Ryan, Sensenbrenner, Petri, and Duffy) voted in favor of this Bill of Rights killing legislation.

RLC-WI Chair, Michael S. Murphy, commented:

“I am literaly shocked to learn that only one lone Republican Congressman from Wisconsin had the courage to uphold and defend the US Constitution, a solemn oath he swore to keep upon taking office, while his colleagues simply negated the very same document that allows them to serve this great Nation.”

Murphy continued:

“I want to sincerely thank Congressman Reid Ribble for standing against his collegues and performing his Constitutional duties to uphold our civil liberties;  not only for his constituents, but for all American People. Rep. Ribble has shown that he can stand out on his own and do the job he was voted in to do for the people he serves.”

Sections 1021 and 1022 have been in heated debate during the course of this bill in Congress. Law enforcement -including the FBI, national security agencies and the military itself, all oppose this aspect of the NDAA. The RLC-WI believes if citizens commit crimes that they should not be held without being charged and should be prosecuted in civilian courts with their rights appropriately protected so that they receive a fair trial as defined in Amendments 4, 5, and 6 of the US Constitution.

The Senate is set to vote on this bill around 4 pm eastern today.

The Republican Liberty Caucus of Wisconsin was founded in 2009 to promote individual liberty, limited government, and free enterprise within the Republican Party.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

Your Emails and Calls Can Stop Indefinite Military Detention in the Conference Committee

Last week we were part of an epic struggle led by Senator Rand Paul (RLC-KY) to block the inclusion of language in the National Defense Authorization Act (NDAA) which would make it legal for US Military forces to operate inside the US in violation of Posse Comitatus and arrest US civilians and hold them in military detention without charges for an indefinite period of time in violation of the right of Habeas Corpus, a fundamental legal protection under the Bill of Rights. Granting these extraordinary powers to the military is obviously unconstitutional and is opposed by the Federal Bureau of Investigation and other law enforcement agencies.

Efforts to remove indefinite military detention from the NDAA were blocked by establishment leaders from both parties in the Senate, though Senator Paul did lead a last minute effort to successfully defeat an unexpected additional amendment which would have given the government even more extensive powers to arrest and hold citizens without charges.

Please help support our work to bring our government under control and restore our liberties by donating using the PayPal link below. You can also join the RLCto become part of our network of member-activists.

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The original problem sections (1031 and 1032) are still in the bill and contrary to the claims of supporters of the bill, the wording of section 1032 does not, in fact, provide protection for US citizens. The use of the phrase “not required” instead of “prohibited” leaves the decision to allow the military to detain citizens entirely in the hands of federal authorities.

The only remaining opportunity to have these sections removed from the bill will be during the coming week in the reconcilliation process where members of both houses in a conference committee negotiate a final version of the bill. During this process all members of Congress can make recommendations for changes or adjustments in the language and if there is enough outcry it’s possible that the joint committee will do the right thing. Reconcilliation will be wrapping up in the next few days so a final push on this issue on Monday the 12th is absolutely essential.

This will be our last chance to fix the bill and protect our liberties short of hoping for an increasingly unlikely veto from President Obama. Even if you previously wrote in during our effort to stop the bill in the Senate, please take this opportunity to write both your Represenative and Senators using the form below to ask them to speak up against the inclusion of indefinite military detention in the bill. We encourage you to customize the text to express your personal concern and outrage.

If you prefer to call your Congressmen on Monday, use our tool to get their phone numbers.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

Your Emails and Calls Can Stop Indefinite Military Detention in the Conference Committee

Last week we were part of an epic struggle led by Senator Rand Paul (RLC-KY) to block the inclusion of language in the National Defense Authorization Act (NDAA) which would make it legal for US Military forces to operate inside the US in violation of Posse Comitatus and arrest US civilians and hold them in military detention without charges for an indefinite period of time in violation of the right of Habeas Corpus, a fundamental legal protection under the Bill of Rights. Granting these extraordinary powers to the military is obviously unconstitutional and is opposed by the Federal Bureau of Investigation and other law enforcement agencies.

Efforts to remove indefinite military detention from the NDAA were blocked by establishment leaders from both parties in the Senate, though Senator Paul did lead a last minute effort to successfully defeat an unexpected additional amendment which would have given the government even more extensive powers to arrest and hold citizens without charges.

Please help support our work to bring our government under control and restore our liberties by donating using the PayPal link below. You can also join the RLCto become part of our network of member-activists.

To make a recurring monthly donation try this link:

Enter the maximum amount to pay each month:

$

USD

Sign up for

The original problem sections (1031 and 1032) are still in the bill and contrary to the claims of supporters of the bill, the wording of section 1032 does not, in fact, provide protection for US citizens. The use of the phrase “not required” instead of “prohibited” leaves the decision to allow the military to detain citizens entirely in the hands of federal authorities.

The only remaining opportunity to have these sections removed from the bill will be during the coming week in the reconcilliation process where members of both houses in a conference committee negotiate a final version of the bill. During this process all members of Congress can make recommendations for changes or adjustments in the language and if there is enough outcry it’s possible that the joint committee will do the right thing. Reconcilliation will be wrapping up in the next few days so a final push on this issue on Monday the 12th is absolutely essential.

This will be our last chance to fix the bill and protect our liberties short of hoping for an increasingly unlikely veto from President Obama. Even if you previously wrote in during our effort to stop the bill in the Senate, please take this opportunity to write both your Represenative and Senators using the form below to ask them to speak up against the inclusion of indefinite military detention in the bill. We encourage you to customize the text to express your personal concern and outrage.

If you prefer to call your Congressmen on Monday, use our tool to get their phone numbers.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

The REINS Act (HR10/S299) is up for debate in the House today and in the Senate next week. Sponsored by Representative Geoff Davis (R-KY) and Senator Rand Paul (RLC-KY), this act would require federal agencies to submit any regulation which would have an annual impact of $100 million or more for a vote of approval by Congress.

The REINS Act would have a big impact in limiting the power of Federal bureaucracies like the EPA and Department of Energy by stopping them from using rules and regulations which have not been passed by Congress to interfere with commerce and impose huge costs and economic burdens on states and businesses.

Right now the bureaucrats are effectively legislating outside of the authority of the Constitution and setting policy and incurring huge costs with no oversight by the branch of government which is supposed to do the job. We need to return control over regulation and policy to representatives who we elect and can vote out of office.  The REINS Act does not end the legitimate regulatory role of the federal government, it just restores necessary oversight and accountability

While we believe that the threshold of harm set in the act is probably too high, this is a good start towards limiting the power of the Federal bureaucracy and stimulating job growth and the economy at no cost and a likely substantial benefit to taxpayers.

Please take a moment to email your Representative and Senators today and urge them to vote in support of the REINS Act.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.


Efforts to Stop Unconstitutional Elements of Defense Bill Now Focus on Reconcilliation Process

Last week we were part of an epic struggle led by Senator Rand Paul (RLC-KY) to block the inclusion of language in the National Defense Authorization Act (NDAA) which would make it legal for US Military forces to operate inside the US in violation of Posse Comitatus and arrest US civilians and hold them in military detention without charges for an indefinite period of time in violation of the right of Habeas Corpus, a fundamental legal protection under the Bill of Rights. Granting these extraordinary powers to the military is obviously unconstitutional and is opposed by the Federal Bureau of Investigation and other law enforcement agencies.

Efforts to remove indefinite military detention from the NDAA were blocked by establishment leaders from both parties in the Senate, though Senator Paul did lead a last minute effort to successfully defeat an unexpected additional amendment which would have given the government even more extensive powers to arrest and hold citizens without charges.

The original offending sections (1031 and 1032) are still in the bill and contrary to the claims of supporters of the bill, the wording of section 1032 does not, in fact, provide protection for US citizens. The use of the phrase “not required” instead of “prohibited” leaves the decision to allow the military to detain citizens entirely in the hands of federal authorities.

The only remaining opportunity to have these sections removed from the bill will be during the coming week in the reconcilliation process where members of both houses negotiate a final version of the bill. During this process all members of Congress can make recommendations for changes or adjustments in the language and if there is enough outcry it’s possible that the joint committee will do the right thing.

This will be our last chance to fix the bill and protect our liberties short of hoping for an increasingly unlikely veto from President Obama. Even if you previously wrote in during our effort to stop the bill in the Senate, please take this opportunity to write both your Represenative and Senators using the form below to ask them to speak up against the inclusion of indefinite military detention in the bill. We encourage you to customize the text to express your personal concern and outrage.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

CONCORD, N.H.—Because the right to freely associate is fundamental to liberty in a free market economy, the Republican Liberty Caucus of New Hampshire has decided to use the Right to Work override vote as a litmus test for candidates running for reelection in 2012.

To be clear: any representative or senator who votes to sustain the governor’s veto of the Right to Work bill, HB 474, will not receive an endorsement or assistance of any kind from the Republican Liberty Caucus of New Hampshire during the 2012 election cycle. In some cases, the Republican Liberty Caucus of New Hampshire will actively support these incumbents’ opponents in their primary elections, especially if those opponents pledge to support a Right to Work law. (UPDATE 11/30/11: A full list of the Republicans who voted against Right to Work, the Republican Platform and the People of New Hampshire on Nov. 30, 2011 follows this article).

“Right to Work is a watershed issue when it comes to a legislator’s commitment to limited government and individual liberty,” said Carolyn McKinney, chairman of the Republican Liberty Caucus of New Hampshire. “People have a natural freedom to associate with whom they please, and in this country, the freedom of association is even protected by the constitution, but this right is being regularly denied by unions in the workplace.

“Especially in these hard economic times when so many families are struggling, people should never be forced to hand over their hard-earned money to a third party just so they can hold a job and provide for their families,” McKinney added. “Clearly, people will voluntarily choose to join a union if they believe the costs are worth the benefits. But unions given unchecked power—as they have had for so many decades—have shown they will not always support the best long-term interests of their members. Right to Work would fix this by ensuring that unions will have to compete for members by actually serving them.”

The Right to Work veto override vote may come up as soon as tomorrow, but the Speaker of the House has the authority to call the vote at any time prior to the beginning of the 2012 House Session. The Republican Liberty Caucus of New Hampshire supports any effort by the Speaker to call the vote when he knows it will be successful.

UPDATE 11/30/11: The following Republicans voted against Right to Work, the Republican Platform and the People of New Hampshire on Nov. 30, 2011, and will NOT receive an RLCNH endorsement. In addition, the RLCNH advises activists to do everything they can to recruit liberty-minded Republican candidates to defeat these Republicans in the primary election of 2012:

Bolster, Peter Belknap 5
Brown, Julie Strafford 1
Buxton, Michael Hillsborough 24
Chirichiello, Brian Rockingham 5
Copeland, Timothy Rockingham 13
Day, Russell Hillsborough 7
Devine, James Rockingham 7
Dowling, Patricia Rockingham 5
Dwinell, Richard Cheshire 5
Emerson, Susan Cheshire 7
Hopper, Gary Hillsborough 7
Janvrin, Kevin Rockingham 14
Katsakiores, Phyllis Rockingham 5
Kidder, David Merrimack 1
Knox, J. David Carroll 4
Ladd, Rick Grafton 5
Laware, Thomas Sullivan 5
Lockwood, Priscilla Merrimack 6
McCarthy, Michael Hillsborough 21
McKinney, Betsy Rockingham 3
Messier, Irene Hillsborough 17
Millham, Alida Belknap 5
Pepino, Leo Hillsborough 11
Perkins, Amy Rockingham 14
Perkins, Lawrence Rockingham 14
Pilliod, James Belknap 5
Proulx, Mark Hillsborough 15
Quandt, Marshall Rockingham 13
Quandt, Matt Rockingham 13
Remick, William Coos 2
Richardson, Herbert Coos 2
Robbins, David Hillsborough 26
Sapareto, Frank Rockingham 5
St. Cyr, Jeffrey Belknap 5
Stroud, Kathleen Hillsborough 19
Terrio, Ross Hillsborough 14
Tholl, John Coos 2
Tremblay, Marc Coos 4
Waddell, James Rockingham 15
Webb, James Rockingham 5
Welch, David Rockingham 8
The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.


UPDATE: Unamended Bill Headed for Reconciliation

12/1/11 – As you may have seen in the news the Udall Amendment was defeated yesterday, mostly along partisan lines, though there was some commentary from the opposition about the unusual level of constituent email supporting the amendment. They noticed, but unsurprisingly they did not listen to the people. The Feinstein Amendment which was a last ditch effort to fix the language in the bill also failed today. The fight isn’t over. It’s still worth contacting both your Congressman and Senators to encourage them to support the removal of sections 1031 and 1032 in the reconciliation process. This is our last chance to fix the bill and protect our liberties short of hoping for a veto from President Obama. The letter-writing tool below has been modified to reflect the current situation. Even if you sent an email before it’s worth sending another now.

UPDATE: Another Chance to Prevent Indefinite Military Detention

12/1/11 – Although the Paul and Udall Amendments failed yesterday, we have another chance to get indefinite military detention out of the UDAA. Two Amendments from Senator Diane Feinstein (D-CA) are still pending and will be voted on at 5pm today. They will edit the language of sections 1031 and 1032 to remove the possibility of indefinite military detention. They are a reasonable alternative to the Paul and Udall Amendments and Senators Paul, Udall and Mike Lee will be supporting them along with a growing coalition of other Senators. They are only a handful of votes short of passing these amendments, so if we could win over a few more Republican votes that might make all the difference. At the end of this article is an expanded list of Senators who you could call today before 2pm EST and encourage to vote for the Feinstein Amendments. Please take a few minutes to make the calls. It’s also still useful to email your Senators, especially if they are on the target list.

Here is video from Tuesday’s Senate debate where Sen. Ran Paul asks Sen. John McCain directly about the detention issue and gets a non-answer, with a craven appeal to public opinion, which amounts to an admission that McCain intended the bill to provide for military detention of civilians

UPDATE: Delay of Senate Debate on Defense Bill Offers More Time for Action

11/29/11 – Although this bill was scheduled for a vote on Monday, deliberations were put off until today, so you still have time to contact your Senators. Additional info for calling key Senators is included bwlow. In addition, Senator Paul will be speaking about the bill at 10:55 EST on the floor of the Senate. You can watch the speech on CSPAN2 if their schedule is correct. It can also be watched online.

Stop Indefinite Military Detention of US CitizensIf the new Defense Authorization bill passes then the military will be able to arrest US Citizens within the United States and hold them indefinitely without charge or trial in military prisons or try them before military tribunals without the protections guaranteed in the Bill of Rights.

Take Action to Stop Indefinite Military Detention of US Citizens

With very little notice and a vote which may come as early as TODAY (Monday) the U.S. Senate will vote on the National Defense Authorization Act of 2012 (NDAA) which was written and passed through committee in secret. It includes two sections which would change laws on military detention to authorize the military to imprison almost anyone without due process of law or any respect for their civil liberties, including Americans in foreign countries and those living in the United States. Those detained by the military under this law could be held indefinitely without charge or trial and they could end up in military courts instead of civilian courts.

The NDAA is almost certain to pass with strong bipartisan support. We don’t have the votes to stop it, though some RLC endorsees like Sen. Rand Paul oppose many sections of the bill.  It is likely that it will hit the Senate floor in the next few days with the backing of powerful Republicans like John McCain, who authored this unconstitutional expansion of military authority, who will be pushing to pass it without revision.

You may think that this sort of insane legislation which totally undermines our Constitutionally protected rights can’t be real. You may find it hard to believe that most Republicans are supporting it. You may not think this could happen in your America. Yet this outrage is entirely real.

I urge you to read the contents of S.1867 (PDF), particularly sections 1031 and 1032, and see for yourself

While the RLC also objects to other aspects of this bill, we probably can’t stop the bill from passing, but there is at least a way to oppose these particularly horrendous provisions and get them removed from the bill. Senator Rand Paul has offered an amendment (#1067) to strike the two sections from the bill and Senator Mark Udall has put out a similar amendment (#1107). The Senate needs to pass one of these amendments and protect our rights.

Please urge your Senators to protect our rights and the Constitution and oppose sections 1031 and 1032 of the Defense Authorization bill by voting for the Udall Amendment. Act now. The vote may come as early as Monday.

You can do this by using the form below to send them an email today.  We encourage you to customize the text to express your personal concern and outrage.

In addition, there are several Senators who we believe ought to be targeted for direct phonecalls from voters nationwide because they are likely swing votes. Please take time to call them at the numbers below. Just say that you’d like them to oppose military detention in sections 1031 and 1032 of the defense bill.

Pat Toomey (RLC-PA) – (202) 224-4254
Jim DeMint (RLC-SC) – (202) 224-6121
Ron Johnson (R-WI) – (202) 224-5323
Marco Rubio (R-FL) – (202) 224-3041
Olympia Snowe (R-ME) – (202) 224-5344
Lisa Murkowski (R-AK) – (202) 224-6665
Dean Heller (R-NV) – (202) 224-6244
Dick Lugar (R-IN) – (202) 224-4814


The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

Now is the Time to Speak Up!
Write or Call Your Representatives in the House and Senate

Lamar Smith, the Most Evil Man in AmericaIn response to lobbying from media industry groups like the MPAA and Creative America, the House and Senate are now both considering bills which would allow large media businesses to shut down virtually any website with nothing more than an unfounded accusation and no due process of law whatsoever.

In the Senate this takes the form of the “Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act” (S 968), which was blocked this Spring by Senator. Ron Wyden (D-OR) but is now back on the docket for consideration and appears to have widespread bipartisan support.  In the House it’s the “Stop Online Piracy Act” (HR 3261) which was introduced by the leaders of the House Judiciary Committee, led by the notorious Representative Lamar Smith (R-TX) who also brought us the PATRIOT Act, E-Verify and a recent bill to punish travellers for smoking marijuana in foreign countries.

The ostensible purpose of the bills is to go after large-scale media pirates, many operating offshore, who the supporters claim pirate more than 500,000 movies every year, which seems like a reasonable claim.  But as is too often the case with government solutions to complex problems the proposed solution is excessive and open to enormous abuse.  The problem is that as it is written, the language of the PROTECT IP bill is so broad  that it would allow anyone owning a copyright to accuse any website of infringing that copyright and shut the website down by court order, actually scrubbing its IP address from the internet, all with no due process or hearing of any evidence or ruling from a court.  The mere filing of a complaint would result in preemptive shut-down of the accused website, requiring backbone service providers to block any access to it, treating the owner of the site as guilty until he could prove his innocence, likely at a considerable cost in legal fees.

The potential for abuse in this sort of legislation has already been demonstrated by the misuse of existing laws to shut down websites with potentially criminal content. There was a notable case last year where the FBI issued a simple query to a hosting service about one website with suspect content and it led to the shutdown of 73,000 websites out of concern over liability under the Digital Millenium Copyright Act and other draconian laws which are already on the books.

The Electronic Frontier Foundation has made its concern over the potential for abuse in these acts very clear, and has raised a further concern. They believe that fear of unmerited shutdowns under the act will lead to excessive self-policing by frightened service providers, stifling free speech and many forms of commerce on the internet.

The EFF’s Corynne McSherry writes that it “would authorize massive interference with the Internet, all in the name of a fruitless quest to stamp out all infringement online.” She points out that the potential for abuse under the Digital Millenium Copyright Act is minimized by the “Safe Harbor” provisions of that bill, but that this new legislation would eliminate or bypass many of those protections and would “threaten to effectively eliminate the DMCA safe harbors that, while imperfect, have spurred much economic growth and online creativity.” She concludes that SOPA is “the worst piece of IP legislation we’ve seen in the last decade.”

It is not unreasonable for the government to be able to shut down websites which are engaging in criminal activity, but it should be the outcome of legal due process.  It should require the presentation of evidence to a court and a ruling that there is just cause to shut that sight down.  It should not be done solely on suspicion or through intimidation or as an act of prior restraint, with the presumption of guilt and the burden of proof transferred to the accused.  This is directly contrary to the fundamental legal principles outlined in the Bill of Rights and recognized under common law.

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Small business leaders and internet entrepreneurs recently sent a letter to Congress, warning that the PROTECT IP Act threatens their ability to continue to expand new and innovative online businesses.  They observe that “the bill will ensnare innocent victims” and “create uncertainty for many legitimate businesses and in turn undermine innovation and creativity on those services,” while “the dedicated pirates who use and operate ‘rogue’ sites will simply migrate to platforms that conceal their activities.”

The amazing freedom to innovate and to engage in entrepreneurial creativity which the intenet has empowered is genuinely under threat from the proliferation of this kind of legislation.  As the United States has lost the lead in traditional manufacturing, we have seen most of our growth in the online business sector.  This is where the jobs of the new millenium are and it is where most of the hope for economic recovery lies.  PROTCT IP and SOPA will have a chilling effect on this increasingly important sectory of the economy and lead to wholesale violations of the privacy rights of individuals and businesses.  It’s another bad idea from a government which has become too big and too eager to interfere in every aspect of our lives.

This is the time to take action. Please use the form below to contact your Congressman and your Senators and tell them to oppose these two acts. PROTECT IP is the name in the Senate and SOPA is the name in the House. Add your own title and customize the content in your own style. Let them know you want to keep the internet free.

Some elements of this article appeared previously in Blogcritics Magazine.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

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