As over 100 liberty activists gathered for my sentencing hearing at federal court, two brave activists challenged the unconstitutional recording ban at the federal courthouse. One is Frank “Footloose” Staples, a longtime freedom advocate who is not afraid to throw himself into the gears of the evil system. The other is NH State Representative Jason Gerhard, who spent a dozen years in federal prison for standing with tax freedom advocates Ed and Elaine Brown. When he was released a couple of years ago, he jumped right back into activism.
While there are ridiculous recording restrictions in existence at New Hampshire state courthouses, the feds are even worse. In NH state courts, one can easily record in a courtroom, but security goons will threaten people who try to record in the other areas of state courthouses. Federal courts however, completely ban all recording devices, nationwide. The ban, “Rule 53“, has been in place since 1946 and has never been successfully overturned. Recording devices are also prohibited by NH Federal District Court “local rules” 83.8.
Will Footloose and Rep Gerhard have success by openly violating the ban, giving them standing to argue their case in court? We’re about to find out, as both were arrested Monday morning while recording at the security checkpoint. Both were cuffed and then issued tickets for violating 102-74.385, a misdemeanor. That code states:
Persons in and on property must at all times comply with official signs of a prohibitory, regulatory or directory nature and with the lawful direction of Federal police officers and other authorized individuals.
Footloose argues that the court is a “public forum”, as stated on its own signage in the lobby, so any order by the police to leave is not a “lawful order”. Gerhard is standing on the constitutionally protected right to a free press. Here’s the video of their arrests:
First amendment auditor “Press NH Now” came to Keene this week and stood outside Samson Manufacturing on Optical Avenue, simply recording video in public and had Keene police gang members called on him. Press is experienced at interacting with the cops and doesn’t answer their questions, putting them in their place. Watch the video here:
Brodie Deshaies at the hearing looking guilty while Carla Gericke calls him out for using scare tactics
Representative Brodie Deshaies from Wolfeboro, New Hampshire testified in front of the State-Federal Relations and Veteran Affairs Committee on January 20, 2022 concerning CACR 32. The legislation seeks to let the people of New Hampshire vote to amend the Constitution and become an independent nation, breaking ties with DC. He was the legislator asked by the committee chairman to do the bulk of the research before the hearing.
Looking closely at all the claims Deshaies made about the legality of this bill and the implications concerning lawmakers voting to recommend that the House pass it, it is hard to decide if he is ignorant and easily swayed by empire-loving “constitutional scholars” from DC or if he gave a speech full of lies to sway the vote. He used fear-mongering language directed at the committee, implying that they may be charged by Washington DC if they vote ‘Ought To Pass’ and supported the bill through the legal process. This article is a close-up look at his claims and will look at all the material he references to see if he is really making a constitutional argument against CACR 32.
Deshaies starts off with an acknowledgment of how the public perceives him. “There are some people who are pretty upset with me in the room,” he says. This is already very indicative of his character. He sent Elliot “Alu” Axelman (the editor-in-chief of LibertyBlock.com and the author of multiple books on secession) an email full of misinterpretations of the US and New Hampshire Constitutions a few weeks ago. When Alxelman politely asked if he wished to engage in a public debate on the topic, Deshaies cowered and declined. Without the opportunity to debate Deshaies, and with no legislator agreeing to debate him, Alu published his rebuttal to Deshaies’ anti-independence letter on his website. The article destroys the few arguments that the anti-freedom legislator sought to make in his letter. Instead, Deshaies went on to publish the exact same letter in an op-ed article on NHJournal.com. So, now we know he knows how people feel about his twisting of the facts, but he just goes on to ignore the people and doubles down on his way of thinking. We see from this very first sentence that he isn’t the sort of person who feels he should be in office doing what the people of New Hampshire want. He feels he’s in office to rule over the citizens of New Hampshire with an iron fist.
He goes on to say that after speaking to many “constitutional scholars” such as David Williams, author of “The Mythic Meanings of the Second Amendment”, that he believes this committee was engaged in a “constitutional process” by voting Ought to Pass or Inexpedient to Legislate. Which means every vote cast is “aiding in the constitutional process,” and “approving it at each time along the way”.
Deshaies claims, “Every vote cast has a constitutional ramification judging by amendment fourteen of the US Constitution, section three. Some scholars would argue that this is rebelling, even if it’s peaceful. This very well could be an argument where voting for this, aiding and abetting in that process could very well be unconstitutional.”
So, there it is, folks. Deshaies spoke to a man who wrote a book arguing that the second amendment doesn’t really give all Americans the right to bear arms for advice on what the Constitution says. Then, he came up with a clever way to subtly scare the other members of the committee out of voting Ought to Pass on this bill. He used a mildly veiled threat of ‘insurrection’ and ‘rebellion’ to convince everyone on the committee to vote 21-0 against recommending the bill to be passed. Even the two committee members who told Axelman that they would support the legislation ultimately caved to the fear and voted to kill it. (more…)
This bill would give police the right to tell any person they must stay back at least 30 feet.
A new bill was introduced to the NH House on January 5, 2022 that, if passed, could have serious, far-reaching consequences for 1st amendment auditors and anyone attempting to witness or film police interactions in New Hampshire.
NH HB 1025 was presented to the New Hampshire House Committee on January 19, 2022. Committee members voted unanimously to recommend ITL (inexpedient to legislate) status for this bill. Nineteen of the 21 members were present, with a final vote in favor of ITL: “Yea” – 19 votes; “Nay” – 0 votes; with 2 not voting. You can view the vote in the video below (48:35 – 52:10.)
As was the case with my bail conditions, the federal “magistrate judge” denied Nobody’s bail initially and the defense had to appeal that “de novo” to the actual judge in the case, Joseph Normand Laplante. Laplante also happens to be the chief judge for the entire Federal District Church Court. Thus far Laplante has been much more reasonable than the magistrates, though the bail restrictions on the Crypto Six have varied wildly.
For instance, Aria DiMezzo is highly restricted on what websites she can visit and must ask permission from her probation officer to go to any sites that are outside her limited “whitelist”. However she has no restrictions on drug use. In contrast, I am able to go to any website except for sites for buying, selling, and trading cryptocurrency, am on home confinement, and am subject to random drug testing. I am allowed to use alcohol, though I prefer not to.
No co-defendants are allowed to speak with each other, though after filing motions with the court to remove the contact restriction between us, Aria and I were granted an exception by Laplante for the purposes of being able to perform and run our nationally syndicated radio show, “Free Talk Live“. I have a long list of people in addition to my co-defendants with whom I am prohibited from speaking. This includes my longtime co-host and co-minister in the Shire Free Church, Mark Edgington. As part of his bail, Nobody is also prohibited from speaking with the same list of people. Aria has no such restriction.
The BEARCAT bashed in Nobody’s front door.
At the de novo bail hearing, unlike the magistrate, Laplante didn’t seem concerned with Nobody’s statements on the recorded jail phone that seemed to be in favor of shooting police. He agreed with the defense that Nobody’s comments were just blowing off steam as Nobody was frustrated by the outrageous arrest and subsequent caging. Despite Laplante’s voiced opinion about Nobody’s lack of dangerousness, in a frustrating concession to the prosecution, he has restricted Nobody’s freedom of speech and prohibited him from making any public statements on media or at protest events. Here’s the relevant portion from page six of Nobody’s bail conditions:
Defendant shall refrain from the use of any social media platform to make any publicly viewable posts…
Defendant shall refrain from public speaking engagements on radio, television, or podcasts, and shall also refrain from “taking the mic” at public rallies or public events.
Federal District Church Court
It was stated during the bail hearing that the concern was not that Nobody himself would commit violence but that he might influence listeners or followers to do so. So now he has no freedom of speech. This despite an accused person supposedly being allowed to be “at liberty” prior to trial. Does the first amendment not apply to people on bail? Strangely, he had more free speech inside the cage at the Merrimack County Spiritual Retreat where he was held the last several months. Nobody could, and did, call in to Free Talk Live on more than one occasion – so long as Aria or I were not on the show. Now he is specifically prohibited from any audio or tv appearances. He had also, while in jail, begun a newsletter for his church. Will he even be able to continue it?
Arguably, the restrictions as-written don’t prohibit his newsletter or perhaps even blogging. However I wouldn’t blame him if he chose not to rather than risk a post to Free Keene being considered “social media”, violating bail and getting locked back up. Hopefully his attorneys will be fighting to get his right to free speech respected again. On the positive side, he’s not restricted on travel and can leave his home without permission from his federal handler.
So much for freedom of speech. That said, I’m glad Nobody’s finally out.
The supposedly offensive promo has a limited amount of footage that could possibly be objectionable. Was it the scenes of two men being arrested? A photo of a massive 420 rally in Central Square in 2009? A man speaking into a megaphone? A photo of a band playing or people playing a card game in Railroad Square? A large group of people standing around the “Welcome to New Hampshire” sign at the Vermont border? The 4:20 pumpkin?
Two days prior to this strike, another decade-old :15 promo was allegedly found objectionable, this one featuring then-libertarian Penn Jillette saying he should move to Keene to join the Free Staters. I appealed the finding, and YouTube reversed it, once again allowing the video to be played. So, when the subsequent takedown happened this weekend, I also appealed it, asking in my appeal where the supposed “harmful or dangerous” content was. They upheld their decision to block the short promo video and give the account a “strike”. Of course, they declined to state exactly what it was in those scant fifteen seconds that was so offensive.
The strike would have been a warning, but the account had recently received a warning in late February when YouTube removed a video promoting the new White Rose Society for violating their “medical misinformation” policy. So, that’s two videos taken down within a few weeks, hence the strike and now the account is not allowed to have uploads or live streams, among other things, for a week.
Luckily, we’ve been cultivating our exit plan from YouTube for years.
Now, YouTube has increased its rate of finding things it doesn’t like about our videos. It may not be long before our entire channel is taken down. If you haven’t looked seriously at LBRY yet, now is the time to do it. In 2020, they launched Odysee, a video platform built on LBRY. I’ve created a handy url to take you right to the Free Keene channel on Odysee: video.freekeene.com. Unlike YouTube, LBRY/Odysee has no strikes and videos cannot be taken down. It’s true content freedom, and blockchain-powered. You can get the LBRY app or just follow our channel on Odysee.
From now on, this :30 migrate-to-LBRY promo will play at the end of every upload I am able to make to YouTube before they shut us down completely: