New York's KGB Spy Program
Governor Hochul's unconstitutional effort to target speech
The First Amendment of the Bill of Rights protects our freedom of speech irregardless of viewpoint or whether it is favored or disfavored by others. Now it is beyond question that a person can't yell fire in a crowded theater or engage in terroristic threats as defined in criminal law. Even so, the government must tread lightly in the area of policing speech as there is no one definition of what constitutes so called "hate speech". What may be interpreted or defined as hate speech by some people may viewed as a contrarian opinion by others. Some may interpret particular speech as offensive. Topics involving race, religion, politics or public policy can be controversial when debated or discussed in the public domain including social media. Topics involving biological men competing in woman's sports, Critical Race Theory, immigration policy or any other issues of concern to Americans can certainly become heated. The ability to express one's self and participate in the public arena should never be hampered by the government. Americans have a right to speak their minds without fear of being under surveillance or targeted by our Government. Our very freedoms separate America from the rest of the world. Countries like England don't have a First Amendment and most do not have a Bill of Rights. Our Freedoms have been bought and paid for by the blood of patriots, Americans who have given their lives in service to our nation. Any effort by government to systemically suppress our rights must be condemned and challenged. Therefore, we call out New York Governor Kathy Hochul's Executive spy program.
Governor Kathy Hochul recently announced the expansion of the State Police Social Media Analysis Unit by creating a state surveillance program to monitor social media and online activity for "threats and criminal activity". While that portion of the government's effort involving threats and criminal activity appears to be lawful, the Governor's comments about so called "hate Speech" and expanded efforts by the New York State Police to monitor citizens through this Social Media Analysis Unit are extremely troubling. The Governor made it clear that her efforts will go way beyond investigating potential criminal conduct, "We have launched an effort to be able to counter some of the negativity and reach out to people when we see hate speech being spoken about online platforms." The Governor failed to provide her definition of "negativity" or "hate speech". The unit will collect data on individuals in order to monitor their activity and to make direct contact with those they identify as engaging in "hate Speech". The State Police are also required to make a determination as to those whom they deem dangerous in order to deny Second Amendment rights (Executive Order 18 & 19, May 18, 2022).
By using undefined definitions of what constitutes "negativity" or "hate speech", government through the State Police will be used to suppress, intimidate and punish unfavored speech. Progressives have a long history of labeling speech they disagree with as hate speech. The Southern Poverty Law Center is a dramatic example as their list includes mainstream conservative organizations and religious entities with no history of hatred. Their motive is to suppress contrary opinions by labeling their enemies as hateful in order to end any debate on public policy that is inconsistent with the progressive world view. They believe that their ideology is morally superior and there is nothing further to discuss unless there is total agreement. Their view of legal jurisprudence has moved beyond our founding document by relying on what is practical versus what is constitutional. If a Pastor or Rabbi happen to post a discussion online of their disagreement with same-sex marriage, transgenderism or a parent posts on Facebook their opposition to a school transgender bathroom policy, will Kathy Hochul's State Police target those individuals? Considering her prior willful disregard for other constitutional freedoms under the Bill of Rights notably under the First and Second Amendment, its more than likely New York residents will be targeted for their speech.
In 2022, Kathy Hochul signed into law legislation that sought to regulate online free speech, "Online Hate Speech Law, Social media networks; hateful conduct prohibited". This legislation required social media companies to monitor and address formal complaints involving "hateful conduct". The law then went on to define the term hateful conduct, "The use of a social media network to vilify, humiliate, or incite violence against a group or class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression". In the matter of Volokh v. James, a federal court ruled that the law was unconstitutional and enjoined its enforcement. New York's prior gun law required residents to show proper cause to obtain a gun carry permit. In the Supreme court case (SCOTUS), New York State Rifle & Pistol Association V. Bruen, 2022, the court invalidated New York's gun law and reaffirmed the standard of review for a gun restriction consistent with District of Columbia v. Heller (2008). The standard of review now requires inferior courts to determine if the conduct implicates the text of the second amendment and if so, the burden to justify a gun restriction then shifts to the government which must show a history and tradition of a similar law from 1791 to justify the restriction. In response, Governor Hochul threw a hissy expressing her disagreement with the Supreme court's decision and her desire to disregard it. In July 2022, she called an emergency legislative session and signed into law her so called Concealed Carry Improvement Act (CCIA) which was even more restrictive then the prior law SCOTUS declared unconstitutional. Several federal district courts have ruled that the CCIA was also unconstitutional. An appeal was heard before the 2nd Circuit in March involving five consolidated cases. A decision is expected shortly.
Our rights come from God not government. The constitution with its Bill of Rights was not created to declare our rights but rather to restrain the government from abusing their power to deny our rights. This issue is no different. Governor Hochul is a lawyer and is fully aware of her limitations as New York's chief executive. Unfortunately she has no integrity and is justifying her actions on the standard of practically consistent with her personal political viewpoint in order to satisfy progressives in the state legislature. She needs to be held accountable to the standard of what is constitutional and that is the ultimate responsibility of the people. Use your voice to petition your government for redress by contacting the Governor's office & members of the legislature, participate by voting and utilize your access to the courts to keep the tyranny of Governor Hochul in check. Together we will stand in unity to reject the KGB style surveillance program of Kathy Hochul. After all, we live in America.