New Hampshire man remains in jail after filming inside courthouse
It’s been 17 days since Sam Dodson was arrested for filming inside a New Hampshire courthouse and his jailers have yet to release him.
All because he has refused to provide them with his legal name, something he says is his Constitutional right.
The self-described political prisoner has also been on a hunger strike during his incarceration, living on nothing but milk and water, growing weaker by the day.
His jailers told him he could end the ordeal by simply providing them with his legal name, which they apparently already know anyway, even though they have him listed as both “John Sam Doe” and “Sam Dodson”, neither which are his legal names.
But he is refusing out of principle, just as he did when he refused to stop filming outside a courtroom on April 13th as one of his friends was about to be arraigned.
“There is no standing law that says a name is used to identify people,” he said from the Cheshire County Department of Corrections during a brief phone interview with Photography is Not a Crime last Friday.
“There is no penalty for withholding your name.”
And there is also no law in New Hampshire that forbids people from filming inside courthouses. On the contrary. The New Hampshire Supreme Court ruled in 2003 that the use of cameras to document trials was permitted in courtrooms.
So obviously something is amiss in the Live Free or Die state.
Dodson is part of a growing movement of libertarian-minded activists in New Hampshire that call themselves the Free State Project. This is how they describe themselves on their website.
The Free State Project is an agreement among 20,000 pro-liberty activists to move to New Hampshire, where they will exert the fullest practical effort toward the creation of a society in which the maximum role of government is the protection of life, liberty, and property. The success of the Project would likely entail reductions in taxation and regulation, reforms at all levels of government, to expand individual rights and free markets, and a restoration of constitutional federalism, demonstrating the benefits of liberty to the rest of the nation and the world.
The Free State Project began in 2001, but it wasn’t until 2003 that they settled on New Hampshire as the state to breed their movement. Since then, 500 activists from around the United States have made the move, adding to the 250 activists who were already there. And thousands more have committed themselves to moving to New Hampshire.
One of the reasons they chose New Hampshire was because its small size would be valuable in gaining a foothold in state politics. The other reason is that it has a rich history of independence, being the first state to form an independent State government after breaking off from Britain in 1776. And, of course, there is its “Live Free or Die” state motto.
But apparently, these values have clashed with District Court Judge Edward Burke of Keene, New Hampshire who has had it out for the Free State Project since he encountered one of its members in his courtroom last November.
They have also clashed with Keene prosecutor and police sergeant Eli Rivera, who is always “gone for the day” when I call seeking comment, even if its 12 pm or 2 pm or 4 pm.
In Keene, New Hampshire, it is obviously not considered a conflict of interest for the city prosecutor to also be a city police officer with arrest powers. Rivera is also an Obama supporter (and former republican) who drives around with a license plate proclaiming “PEACE”.
It all started in November 2008 when Ian “Freeman” Bernard of the Free State Project found himself in Burke’s courtroom after he was cited for failing to remove a couch from the front yard of one of his properties. He was joined by several Free State Project members, including one who was filming.
The video shows that Burke lost his temper when Freeman did not sit down fast enough. He ended up sentencing Freeman to 93 days in jail for contempt of court. Freeman was released three days later.
Since then, the video of Burke blowing his top at Freeman made its rounds on the internet, apparently embarrassing Burke because since then, he did not allow cameras in his courtroom anymore, even though that goes against a New Hampshire Supreme Court ruling in 2003.
In January, Andrew Carroll of the Free State Project purposely got himself arrested in an act of civil disobedience by holding a marijuana bud in his hands in downtown Keene. That incident was also videotaped and uploaded to Youtube.
Then on March 3rd, during Carroll’s arraignment, Free State Project member Dave Ridley was arrested for trying to enter the courtroom with a video camera in an incident that was also uploaded to Youtube.
And then on April 13th, during Ridley’s arraignment, Sam Dodson was arrested for trying to enter the courtroom with a video camera. Sergeant Rivera apparently ordered this arrest. Prosecutor Rivera apparently will try this case. And who is stop him from running for judge so he can also rule on the case?
That video has not been uploaded to Youtube because police confiscated the camera and have yet to release it. However, another video showing five Free State Project members getting arrested outside the courthouse for refusing to leave the lobby after Dodson was arrested was uploaded to Youtube.
Also, an audio recording of Dodson’s arrest was uploaded to the internet where you can hear him screaming because of the painful manner they handcuffed him.
That was 17 days ago. Dodson has been in jail ever since on charges of disorderly conduct, resisting arrest and refusing to be processed, which stems from him refusing to provide his legal name. Free State Project activists have been maintaining a regular log of developments in his case.
The truth is, his legal name is not that much of a mystery. If you check out some of the videos from the Free State Project, you can hear it mentioned. And the jailers apparently know it because a writ of habeas corpus has been filed on his behalf under his real name.
But they want to hear it from his own mouth and that is something he just won’t do.
It should be noted that in October 2008, just one month before Judge Burke lost his temper over Freeman not sitting fast enough, Freeman and Dodson joined Keene Police Lt. Shane Maxfield for a ride-along where they discussed the Second Amendment, police corruption, police credibility, the drug war and public drunkness.
It appeared to be a very productive meeting of the minds, something citizens and police officers should do more often.
But somehow, somewhere along the way, things went astray.
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Comments
Thanks for the coverage.
Carlos,
Tutu Lee is a free stater also. Watching this makes me want to move to New Hampshire.
To paraphrase Sam, you have no rights with these government people until you give up your rights by incriminating yourself with your name and other information. How long are they going to keep him in there?
This is one of the clearest, fair analysis of what’s gone on so far. Thanks for this great article!
– Patrick (one of the five activists arrested for not leaving the lobby)
To those of you who are tempted to make the move, let me tell you that it’s an amazing place for Liberty lovers.
Thanks Carlos for writing up this article on Sam. It’s terrible what they are doing to him. Hopefully the more liberty lovers that move to New Hampshire the better.
Thanks so much for covering this. Sam is a peaceful person standing up for his individual rights. He is being held as a political prisoner, to make an example out of him.
I’m a FSP member and the actions of the Keene authorities only inspire me to move sooner.
Carlos,
What the so called authorities have done to you and others who would report on their actions is terrible.
As an amatuer photographer and someone who has become aware of the threat to our individual and collective liberties an unchecked government poses, I want to thank you for bringing this issue and John Sam Doe’s plight to a broader public eye.
Awesome article Carlos!! I’ve been following it closely and you’ve done a great job! Thanks.
my girlfriend just asked me “what’s it say” in regards to this story.
My answer? “uh, someone got arrested for taking pictures, as always”
The FSP… ah, how it seemed like a good idea at the time… and then only a small percentage of “pledges” moved when they were supposed to.
Something about “fight for what you believe in” has been beaten, prosecuted, and fined out of american lives.
Truly sad.
Genewitch, you must have gotten the wrong word about the FSP. We have new people moving to NH every week. The project has only just begun, and we are in the early mover stage at this time.
Please take another look:
http://freestateproject.org
genewitch, the Free State Project is just getting started. It can take a while for people to convince their spouses, find new employment, and move their families across the country. I’ve been a member for several years but may not move until later this year, or even next year.
Law is declared by fiat by many of these local judges/officers used to getting their way.
Why doesn’t he just comply? He’s just making things worse for all of us. If he keeps this up, we’ll be forced to get bar codes tattooed on us or RFIDs implanted. I don’t want that. They cause cancer. I don’t want cancer. Sam, you are killing us all!
genewitch, nobody is supposed to move until the number reaches 20K, and then only within a 5 year window. So with 9200 pledgers and 700 movers, we’re way ahead of the game! I’m moving in a few weeks and hope to see you there.
Moe, I thought we had the right to remain silent, didn’t you? Sam is standing up for that right.
He’s going to have an extremely tough time saying that giving his name is a violation of his rights. Generally, the Supreme Court has held that providing your name is not a violation of the 4th or 5th amendments. There was a Supreme Court Case on this issue for a person who refused to provide his name, resulting in his arrest. The Court held that stop-and-identify laws are permitted under limited circumstances.
This case is different because here, the person was arrested and then was subsequently asked for identification. However, if the Court held that identification requests are permitted for innocent people who have done no illegality, it’s unlikely that they would carve out an exception for people who have been arrested.
http://en.wikipedia.org/wiki/Hiibel_v._Sixth_Judicial_District_Court_of_...
Uh, i could have sworn the “pledge” date for FSP was like 2005-2007ish.
I Distinctly remember all the fuss about the porcupine FSP website in 2004 when badnarick was your guys’ candidate.
It’s neither “new” nor “sucessful” in that there was something like 5000 signatures (or more) when i was browsing the site, and well under 1000 actually moved on the “move date” (which appears to be lost to the annals of time…? i can’t find a reference anywhere)
The whole point was not to have a slow filtering of libertarians to NH; the point was to overflow the state with libertarians and take over the local and state governments, to show that libertarianism was a valid form of governing a large entity like a state.
What year did you folks pick NH? 2003. That was 6 years ago.
More power to you all for trying to get political change in this country, but as i said, americans are freaking lazy.
There may have been some goal at some early point that proved too unrealistic, but I don’t recall anything resembling a “move date”. I signed up to move to NH and did so labor day weekend of 2006. It was one of the best things I’ve ever done. I wouldn’t want to be anywhere else than here surrounded by like-minded activists, with more coming all the time:
111+ Reasons to Move to Keene
http://move.freekeene.com
NH was choosen at the end of 2003. More like 5.5 years. There is no original pledge date that i’m aware of. There was an early mover drive. And now a next 1000 pledge.
Badnarick was the Libertarian Party presidential candidate in 2004. The LP and FSP are in no way related except in intent.
The point is not to overwelm anything. It is to move 20k people to NH within 5 years of 20k pledging to do so. Just go to http://freestateproject.org
As for Americans being lazy… where has government not grown due to the the people actively resisting it? Seems all governments everywhere grow and the subjects go along with it until it gets too bad to stand.
Note to “moe”: You said, “Why doesn’t he just comply? He’s just making things worse for all of us. If he keeps this up, we’ll be forced to get bar codes tattooed on us or RFIDs implanted.”
I sometimes find it difficult to distinguish jokes from serious remarks, both in RL and on the Internet. That’s true here. Are you serious? If so, I’m surprised that nobody else has pointed out the obvious to you. Things have already gone too far, “moe”. If people “just comply”, it’s all over. The “1984″ scenario that you’ve described is going to happen. This isn’t a partisan debate or a “tin-foil hat” issue.
In fact, taking RFID into account, the “tin-foil hat” metaphor is outdated. I’ve already purchased a wallet that is, in fact, designed to frustrate RFID scanners. It’s not lined with “tin foil”, but the principle is the same. I’d advise you to purchase a wallet of a similar type. “1984″ is coming, people.
I strongly support activists who put themselves on the line like this, whether or not individual cases are likely to make a difference.
I feel this way about the current case even though Sydney Carton is correct. Mr. Carton said, “He’s going to have an extremely tough time saying that giving his name is a violation of his rights”. It’s hard to argue with that, but the man without a name should be praised for making the attempt.
BTW Mr. Carton, is your handle intended to remind people of the Dickens character with a similar name, the one who made the “far, far better thing” speech?
Here is a link to Eli Rivera’s story without having to go directly to Barack Oabama’s website. http://www.webcitation.org/5gQYtGtAV
I don’t mean to remind people of him. I chose the handle because the character is surprisingly similar to me.
Police and judges do not rule the country. They are civil servants and work for and on behalf of the people. Most of them unfortunately have forgotten that. It’s time to remind them!
A clear case of tyranny from the bench…so what are we gonna do about it, huh?
Colorblind,
I moved to NH in 2006 as part of the Free State Project, a group of people committed to doing something about achieving liberty in our lifetime.
Sam moved up to NH this year. We’ve been protesting, making phone calls, doing media interviews, creating media, and later today may bring more camera disobedience.
Get the latest at http://freekeene.com
What are you going to do about it? That is the question.
Do you love liberty? If so, when can you get to NH? This is where it’s happening.
The first thing to do is lodge a complaint with the judicial council ( the organization of judges that oversees the conduct of members of the bench). Each state should have such an organization.
Sorry, Archie. It’s been tried. Your solution presumes the system can fix the system. Here’s what happened when a local activist did exactly as you suggest:
http://freekeene.com/2009/02/19/committee-burke-broke-no-rules/
Note to Archie1954: You said, “Police and judges do not rule the country. They are civil servants and work for and on behalf of the people. Most of them unfortunately have forgotten that.”
Your post reminds me of a favorite quote. I’d like to share it. H.G. Wells said:
“The law giver, of all beings, most owes the law allegiance. He of all men should behave as though the law compelled him. But it is the universal weakness of mankind that what we are given to administer we presently imagine we own.”
Thank you Ian. That episode was unfortunate and the judicial council response was also not proper in my eyes but do not discount the value of commencing the complaint. The very fact that it was launched has a sobering effect on wrong doers in the judiciary.
Thank you for your quote Voice of Reason. I hadn’t read that before. I will remember it.
thanks for posting this Carlos. Sam is a true liberty hero and has gone far beyond what many of us would in order to protect the few freedoms we have left.
When you hang a ribbon around your tree this coming memorial day, make it a different color, and make it for those who do what you won’t in defense of liberty. . . the people who have been jailed for acting like free people.
Sam is acting heroically. He has genuine courage. His cause is just.
But this could be the wrong battle.
Are his efforts helping the greater cause of liberty? What do ordinary people who learn about the case think of him? Many who aren’t already libertarians will dismiss him as a self-promoting crank or wing-nut who harps on trivialities and irrelevant legal minutiae. Libertarians can see the bigger picture, but we are used to examining the the implications of these kinds of issues.
There are many other cases of police/government abuse–such as the pastor who was recently (allegedly) beaten and detained at a U.S. Border Patrol checkpoint–that have a better chance of nudging people towards libertarianism. In comparison, Sam’s case is pedantic and therefore unlikely to change minds.
I could be wrong. Is there reason to believe that ordinary people, especially those in NH, are sympathetic to Sam? One of his jail messages mentioned that his fellow prisoners have become supporters; libertarianism is capable of influencing honest, open minds.
Are you aware that Sam Dodson’s “attorney” has been arrested in the past 24 hours on a fugitive warrant issued out of Rhode Island?
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