Posted on 08/21/2012 8:24:08 AM PDT by dirtboy
RICHMOND, Va. — A former Marine involuntarily detained for psychiatric evaluation for posting strident anti-government messages on Facebook has received an outpouring of support from people who say authorities are trampling on his First Amendment rights.
Brandon J. Raub, 26, has been in custody since FBI and Secret Service agents and Chesterfield County police questioned him Thursday evening about what they considered ominous posts talking of a coming revolution. In one message earlier this month, Raub wrote: “Sharpen my axe; I’m here to sever heads.”
[snip]
Dee Rybiski, an FBI spokeswoman in Richmond, said there was no Facebook snooping by her agency.
“We received quite a few complaints about what were perceived as threatening posts,” she said. “Given the circumstances with the things that have gone on in the country with some of these mass shootings, it would be horrible for law enforcement not to pay attention to complaints.”
Whitehead said some of the posts in question were made on a closed Facebook page that Raub had just created and that had only three members, so he questioned whether anyone from the public would have complained about them.
(Excerpt) Read more at washingtonpost.com ...
Given the First Amendment, there needed to be an actual threat in those postings to act in such a manner. This shows how involuntary psych commitment can be abused post-Virginia Tech.
What the AP article irresponsibly fails to mention is that the 'Sharpen my axe' post is a popular line from the song 'Bring Me Down' by the major rap group Swollen Members
Sounds like Raub is guilty of using colorful language while being Christian and White.
Had Mr. Raub been black or Muslim his language would have been unremarkable.
Laz, you’re following this case, right?
I don't even think the nitwits doing this are bothering to stop and see if there is anything truly actionable here. They are just reacting to the vaguest perception of a threat from what Raub posted.
I am glad Rutherford is involved. This one needs to be slapped down or else it will start a horrible precedent.
Is being a 9/11 truther patriotic?
Wow!
The err...not-an-arrest-but-forcibly-detained-for-your-and-our-own-good incident actually got reported in the Washington Post and in a timely manner too!
This was a favorite tactic of Soviet Union. If someone dissents then declare them insane and have them involuntarily committed and shipped to the Gulags. Dark days are here friends.
I loathe truthers. But he has a Constitutional right to post what he wants on a website that allows such. I have read his FB posts and I only saw one that was remotely actionable, IMO - one that could have been perceived as a threat. When this story broke, I thought there had to be more than his FB posts to justify such a drastic action. According to Rutherford, there isn’t. And that should give everyone on this website pause.
Previous FR threads:
http://www.freerepublic.com/focus/f-news/2920782/posts
http://www.freerepublic.com/focus/f-news/2920394/posts
The full Rutherford statement:
Former US Marine Brandon Raub ordered to remain in custody
CHESTERFIELD, VA— The Rutherford Institute has come to the defense of a former Marine, 26-year-old Brandon Raub, who was arrested, detained indefinitely in a psych ward and forced to undergo psychological evaluations based solely on the controversial nature of lines from song lyrics, political messages and virtual card games which he posted to his private Facebook page.
Although the FBI and Chesterfield County police have not charged Brandon Raub, a resident of Chesterfield County, Va., with committing any crime, they arrested Raub on Thursday, August 16, 2012, and transported him to John Randolph Medical Center, where he was held against his will due to alleged concerns that his Facebook (FB) posts were controversial and “terrorist in nature.” In a hearing held at the hospital, government officials disregarded Raub’s explanation that the Facebook posts were being interpreted out of context, sentencing him up to 30 days’ further confinement in a VA psych ward. In coming to Raub’s defense, Rutherford Institute attorneys are challenging Raub’s arrest and forcible detention, as well as the government’s overt Facebook surveillance and violation of Raub’s First Amendment rights.
“For government officials to not only arrest Brandon Raub for doing nothing more than exercising his First Amendment rights but to actually force him to undergo psychological evaluations and detain him against his will goes against every constitutional principle this country was founded upon. This should be a wake-up call to Americans that the police state is here,” said John W. Whitehead, president of The Rutherford Institute. “Brandon Raub is no different from the majority of Americans who use their private Facebook pages to post a variety of content, ranging from song lyrics and political hyperbole to trash talking their neighbors, friends and government leaders.”
Brandon Raub, a former Marine who has served tours in Iraq and Afghanistan, was detained by FBI agents and police officers at his home in Chesterfield County based upon the nature of content posted to his Facebook page in recent months. Like many Facebook users, Raub uses his FB page to post songs lyrics and air his political opinions, as well as engage in virtual online games with other users. On Thursday, August 16, police and FBI agents arrived at Raub’s home, asking to speak with him about his Facebook posts. They did not provide Raub with a search warrant. Raub was cooperative and agreed to speak with them.
Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials then handcuffed Raub and transported him first to the police headquarters, then to John Randolph Medical Center, where he was held against his will. Outraged onlookers filmed the arrest and posted the footage to YouTube. Law enforcement officials have stated in press reports that Raub was not arrested. However, as attorney John Whitehead points out, if the police have put handcuffs on you and you’re being held against your will, that qualifies as an arrest.
In a hearing before a judge on August 20, government officials again pointed to Raub’s Facebook posts as the sole reason for their concern and for his continued incarceration. Ignoring Raub’s explanations about the fact that the FB posts were being read out of context and his attorney’s First Amendment defense, the judge agreed that Raub should be incarcerated at a VA hospital for up to 30 more days. Rutherford Institute attorneys are working to challenge Raub’s detention and the highly unconstitutional nature of the government’s actions.
I don’t agree at all with his position on these issues, however he does have a right to spout off whatever nonsense he wants.
By theses standards 1/4 of the NYC nighttime subway riders would be committed already.
Careful with that ax, Eugene
Whitehead said some of the posts in question were made on a closed Facebook page that Raub had just created and that had only three members, so he questioned whether anyone from the public would have complained about them.
I use it as my ID when posting on commercial news stories that allow comments.
I thought that a person could only be held for mental health reasons if they specifically told an authority that they intended to commit suicide or harm another...?
http://www2.timesdispatch.com/news/news/2012/aug/19/tdmet02-chesterfield-man-held-in-hospital-on-conce-ar-2140519/
Raub’s supporters are characterizing the detention as an arrest, complaining that he was handcuffed and whisked away in a police cruiser without being served a warrant or read his Miranda rights. But county and federal authorities say it was not an arrest because Raub doesn’t face criminal charges.
Sounds to me like he was with in his rights to do so.
Amendment 4 - Search and Seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
So if they were not arresting him how could he be resisting arrest? If they did not have a warrant how can refusing them entry to his house be resisting arrest?
I wouldn't say so. If this guy is a truther, should he be involuntarily committed for it?
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