On The Front Lines

U.S. Supreme Court Refuses to Hear Case of Marine Brandon Raub Who Was Arrested & Locked up in a Mental Hospital for Criticizing the Gov't on Facebook

https://www.rutherford.org/publications_resources/on_the_front_line...   

November 17, 2015

WASHINGTON, D.C. —  The U.S. Supreme Court has refused to hear the case of decorated Marine Brandon Raub, who was seized by a swarm of Secret Service, FBI and local police officials and involuntarily committed to a mental institution for a week after posting controversial song lyrics and political views critical of the government on his Facebook page. In asking the Supreme Court to hear the case, Rutherford Institute attorneys were seeking to overturn lower court rulings dismissing the case, which characterized concerns over government suppression of dissident speech as “far-fetched.” In rejecting the appeal, the Supreme Court also refused to establish standards to guide and constrain mental health professionals when they seek to commit individuals and to prevent commitment on the basis of a person’s exercise of his right to free speech.

“This case was about more than one Marine’s right to not be targeted for speaking out against the government. It was about whether Americans have the freedom to criticize the government without being labeled ‘domestic extremists’ and stripped of their rights,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Unfortunately, in refusing to hear this case, the Supreme Court has left us all vulnerable to the possibility that we can be declared mentally unfit, handcuffed, arrested and locked up against our will simply for exercising our right to speak truth to power.”

Brandon Raub, a decorated Marine who has served tours in Iraq and Afghanistan, uses his Facebook page to post song lyrics and air his political opinions. On Aug.16, 2012, Chesterfield police, Secret Service and FBI agents arrived at Raub’s home, asked to speak with him about his Facebook posts, and without providing any explanation, levying any charges against Raub or reading him his rights, handcuffed Raub and transported him to police headquarters, then to a medical facility, where he was held against his will for psychological evaluation and treatment.

In coming to Raub’s aid, Rutherford Institute attorneys challenged the government’s actions as a violation of Raub’s First and Fourth Amendment rights. On Aug. 23, Circuit Court Judge Allan Sharrett ordered Raub’s immediate release, stating that the government’s case was “so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.” Rutherford Institute attorneys filed a lawsuit in May 2013, challenging the government’s actions as procedurally improper and legally unjustified. In February 2014, a U.S. District Court judge dismissed the lawsuit, rejecting concerns over government suppression of dissident speech as “far-fetched.” On appeal to the Court of Appeals for the Fourth Circuit, Institute attorneys claimed that the Chesterfield County mental health screener who recommended Raub’s seizure and commitment failed to exercise reasonable professional judgment in wrongly determining that Raub was mentally ill and dangerous, and that Raub’s seizure and detention were the result of a mental health screener’s dislike of Raub’s “unpatriotic” views on federal government misconduct, thereby violating the ex-Marine’s First Amendment right to freedom of speech. The appeals court subsequently affirmed the lower court judgment.

Attorneys William H. Hurd and Stephen C. Piepgrass of Troutman Sanders and Anthony Troy and Charles A. Zdebski of Eckert Seamens Cherin & Mellott assisted The Rutherford Institute in its defense of Brandon Raub.

Legal Action

Click here to read The Rutherford Institute's petition for writ of certiorari in Raub v. Campbell

Click here to read the Appeals Court's opinion in Brandon Raub v. Michael Campbell

Click here to read The Rutherford Institute's reply brief in Brandon Raub v. Michael Campbell

Click here to read The Rutherford Institute's brief in Brandon Raub v. Michael Campbell

Click here to read Judge Hudson's decision in Raub v. Bowen et. al.

Click here to read The Rutherford Institute's complaint in Raub v. Bowen et. al.

Case History

November 17, 2015 • U.S. Supreme Court Refuses to Hear Case of Marine Brandon Raub Who Was Arrested & Locked up in a Mental Hospital for Criticizing the Gov't on Facebook

April 29, 2015 • Federal Appeals Court Refuses to Reinstate Lawsuit Over Marine's Arrest, Detention Due to Facebook Posts; Attorneys Plan to Appeal to Supreme Court

January 27, 2015 • Warning Against a Government Campaign to Clamp Down on 1st Amendment Activity in Social Media, Rutherford Institute Defends Marine's Rights

October 10, 2014 • Warning Against a Government Campaign to Clamp Down on First Amendment Activity in Social Media, Rutherford Institute Asks Court to Affirm Marine's Free Speech Rights

August 26, 2014 • Citing First & Fourth Amendments, Rutherford Institute Asks Appeals Court to Reinstate Lawsuit Over Marine's Arrest, Detention Due to Facebook Posts

March 27, 2014 • Rutherford Institute Asks Appeals Court to Reject Lower Court Dismissal & Reinstate Lawsuit Over Marine's Arrest, Detention Due to Facebook Posts

March 03, 2014 • Rejecting Concerns Over Gov't Suppression of Dissident Speech as 'Far-Fetched', Fed. Court Dismisses Suit Over Marine's Arrest, Detention Due to Facebook Posts

August 03, 2013 • VICTORY: Federal Court Affirms 1st & 4th Amdt. Rights, Denies Gov't Attempt to Dismiss Lawsuit Over Marine's Wrongful Arrest, Detention Due to Facebook Posts

July 17, 2013 • Rutherford Institute Counters Government Attempt to Dismiss Lawsuit Over Wrongful Arrest, Psych Ward Detention of Marine Because of Facebook Posts

May 22, 2013 • Rutherford Institute Attorneys File Civil Rights Lawsuit Over Wrongful Arrest, Detention in Psych Ward of Marine Brandon Raub Because of Facebook Posts

August 29, 2012 • Rutherford Institute Attorneys to File Civil Lawsuit Over Wrongful Arrest, Detention in Psych Ward of Marine Brandon Raub Because of Facebook Posts

August 28, 2012 • TRI Exclusive: Marine Brandon Raub Issues First Public Comments Since Being Arrested, Detained in Psych Ward Over Views, Lyrics Posted on Facebook

August 23, 2012 • VICTORY: Circuit Court Orders Brandon Raub Released, Dismisses Case Against Marine Arrested, Detained in Veterans Admin. Psych Ward over Political Views, Song Lyrics Posted on Facebook

August 22, 2012 • Rutherford Institute Files Notice of Appeal Challenging Arrest & Detention of Marine in Psych Ward for Posting Political Views, Song Lyrics to Facebook

August 21, 2012 • District Court Refuses to Stop Transfer of Marine Brandon Raub to Salem Psych Ward, 3 Hrs. Away, for Posting Political Views, Song Lyrics to Facebook

August 20, 2012 • Rutherford Institute Defends Marine Arrested, Incarcerated in Psych Ward & Detained Indefinitely for Posting Political Views, Song Lyrics to Facebook

Press Contact

Nisha Whitehead
(434) 978-3888 ext. 604
(434) 466-6168 (cell)
nisha@rutherford.org