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 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
Facebook 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 special justice 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 Facebook posts were
being read out of context and his attorney’s First Amendment defense,
the special justice 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.
Press Contact:
Nisha Whitehead
(434) 978-3888 ext. 604
(434) 466-6168 (cell)
nisha@rutherford.org
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