1st Amendment and Free Speech/Government Surveillance

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Expert: - 12/17/2009


Question
Hello Mr. Hauck,
I am a senior in high school and I'm doing a research project on the topic of "Big Brother" in the United States and around the world. I was wondering if I could get your opinion (good, bad, unconstitutional? etc.) on increasing security measures such as cameras in public places, the government storing our phone conversations, etc. Also, I wanted to see what you might think implications of current techniques might mean for the future. Thanks for your time and response.

Dylan

Answer
Dylan,

Sorry for the delay.  My personal opinion is that we as a society have begun to "slide down a slippery slope" of over-regulation at every level of government: local, county, state, and federal; where lives are being tracked to generate revenue and to enforce those regulations which equates to dominion and control.  

Unfortunately the pendulum cannot swing in the other direction, so to speak, as once these regulation measures are in place as they simply become part of the bureaucratic process to be built upon in the future.

At one time most states were good custodians of our process of Federalism and allowed for the development of personal liberty and entrepreneurial initiatives.  Now the states have taken the meaning of the Tenth Amendment as an invitation to step in and fill the void so to speak.  The Tenth Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."  What that means is that states can exercise their inherent police powers (not literal police) and regulate any and all areas of life not preempted by the federal government.  This is being done now to generate revenue, track people and their demographic data, etc. which all equate to revenue creation with the side benefit of profiling every citizen for control purposes.  Don't believe?  Think it cannot happen here?  Read the history of some Autocratic, Communist, Despotic, or Totalitarian states and take into account the measures they used for regulation and control of the population.     

In short, as local municipalities, states (namely NY and CA), and the federal government overspend and reach bankruptcy levels look for more cameras and regulation to "generate revenue" and ensure that people participate in those plans.  Is it designed to "break the back" of the middle class or simply a comedy of errors; history will tell.  We may not be anywhere near the level that George Orwell wrote about in his work of fiction "1984" but we have definitely started the journey.

Jeff  

1st Amendment and Free Speech

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Jeffrey-Peter Hauck

Expertise

I would welcome the opportunity to answer questions related to or relating to the First Amendment of the U.S. Constitution.

Experience

Adjunct professor of criminal justice and political science teaching the courses of "criminal law" and "constitutional law" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Holder of over 50 certifications relating to police instruction. Currently a licensed private detective. 8 year veteran of the United States Army as a Staff-Sergeant/ E-6. Served as Platoon Sergeant and other roles. Primary MOS was 11B3PF7, Airborne Infantry NCO and Pathfinder. Cross trained as supply NCO (76Y) and administration NCO (71L). Graduate of PLDC, BNCOC, and ANCOC leadership schools. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer in the U.S. Army Reserve.

Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU).

Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright.

Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Emmaus, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training.

Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004.

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