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Fortified To Fight For Truth and Freedom

Newsletter | August 4, 2022

Multiple screens with globe

Americans want truth. Not fake news. We refuse to be selectively silenced or censored by a poisoned partnership between the legacy media, social media empires, and self-serving bureaucrats that threaten the foundation of our Republic. American tolerance for one-sided propaganda narratives is exhausted and trust in the media is long gone. The collapse of the mainstream media has given rise to new faces and voices over the last several years as good Americans fight to fortify their Constitutional and God-given rights to free speech and seek truth wherever that may lead. Although the path ahead may be daunting, our journey has surely started, and we are quickly gaining ground.

As we continue our series and surveys on the media, we turn to the emerging strength of citizen journalism and alternative media – now catching fire in the public sphere. And, we offer evidence that there is power in numbers. As one survey respondent wrote and we at America’s Future agree, “let a thousand voices speak!”

In the mid-1980s, many Americans were sick and tired of hearing the network nightly news anchors rip regularly into President Ronald Reagan and the American virtues he promoted and embodied. Americans found the cure right there in front of them on their drive to work — the great Rush Limbaugh Show – on the radio, three hours a day, five days a week for more than thirty years. He changed the entire media landscape.

Today we’re watching something just as exciting happen. If you get a chance, ask a cable news executive what they’re really scared of — podcasts with hosts like Tim Pool, Joe Rogan, and a growing list of others drawing millions of listeners and viewers with styles of their own making, delivering the news of the day with a willingness to hear voices canceled by the legacy outlets.

For decades, the media mantra has been that Americans don’t have the patience for more than a soundbite. Not true. If it were, streaming one-on-one, hour-long interviews by Epoch TV, Tucker Carlson and others wouldn’t be winning huge audiences.

And as bad as Twitter can be, censoring those it disagrees with and promoting ugly ideas and language, the platform – before the launch of social media competitors like Gettr, CloutHub, Truth Social, and more – had become home to thousands of citizen journalists providing valuable research and sound opinions to their fellow Americans. Reporting skills by citizen journalists – without the staff, funding, or resources of legacy outlets – underscores the notion that quality over stale trite wins the hearts and minds of Americans every time.

How about turning media upside down entirely? Just last month country music star John Rich couldn’t find any radio stations willing to play his new song, “Progress” – an anthem to traditional American values and a curse on woke culture. He finally found a taker with the new pro-free-speech social media platform, Truth Social. The site had no previous experience getting new music out to listeners, but what do you know? They’ve got a hit on their hands. As of this writing, it’s been the number one song downloaded on iTunes going on two weeks — making “Progress” the number one song in America.

There’s no stopping the train from coming down the tracks carrying new platforms, new voices, new resources and fresh talent on board. The journey that started years ago has intensified and there’s no going back. America’s Future celebrates those who have come before to lead the way forward, and the wave of new-comers stepping onto the media stage fortifying America’s fight for truth and freedom.

Thank you to the hundreds of people who have participated in our surveys. Please continue to share your thoughts and insights on the media by submitting your answers to this week’s Reader’s Survey. We read them all and report the highlights every Monday morning at 9 a.m. on America’s Mondays With Mary broadcast with America’s Future Executive Director Mary O’Neill.

Take The Reader's Survey
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Make Knowing “America” A Lifelong Lesson

When smart phones didn’t exist and the school year ended, families spent time discussing and learning from each other at the dinner table or family gatherings. During the summer months there was more time for children and parents to have fun together, go to the local library, and share information with friends and neighbors.

Times have changed. Those days are long past, but being a lifelong learner hasn’t. It’s all in the approach, whether that’s a trip to the book store or library or taking an online course or a digital journey into a topic you want to know more about.

America Book

America’s Future recently released the first in a series of e-books about our nation called, “Exploring America’s Founding Documents.” It is available on our website and will soon be available in print. The book is filled with visuals and original content, covering the Declaration of Independence and our Constitution with the Bill of Rights – the first 10 amendments to the Constitution. Each amendment is highlighted in its entirety with accompanied insights into its origination and meaning.

For some, this book will be a refresher about our vital founding documents. For families, it provides a great way to learn together and share information about the birth of our nation. For homeschoolers, it will add value to your teaching tools and curriculum about American history, civics or social studies.

Whatever the case may be for you and your family, we encourage you to access the book online to stay informed about the founding of this great country and why freedom is cherished, and to understand your individual rights as an American citizen. To view “Exploring America’s Founding Documents” digitally, click here. To order a free copy of the print edition, please click here to sign up to receive the book at your home when the hard copy becomes available. The summer may be coming to an end, but learning never ends. In your household, make knowing about America a lifelong lesson.

Order Your Free Copy
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Court of Appeals Grants America’s Future Motion to File Brief Supporting Constitutional Rights and American Principles

U.S. Supreme Court

On Tuesday, August 2, 2022, the Fifth Circuit Court of Appeals granted the Motion for Leave to File an Amicus Brief submitted to the Court one day earlier by America’s Future along with nine other nonprofit organizations in Cargill v Merrick B. Garland, U.S. Attorney General; U.S. Department of Justice; Steven Dettelbach, in his official capacity as Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”); Bureau of ATF (5th Cir. Dkt. No. 20-51016)

Central to this case is an ATF regulation known as the “Bump Stock Rule.” The “Bump Stock Rule” came about in the aftermath of the 2017 Las Vegas outdoor concert mass shooting, which left at least 58 people dead and hundreds injured. The shooter in that case had altered his semi-automatic rifle using bump stocks, which enhanced the rapidity of ammunition discharge although did not change the fact that each pull of the trigger produces only one shot fired. Notwithstanding, the ATF sought to ban ownership of semi-automatic guns modified with bump stock by redefining the term “machinegun” to include this version of a gun. By redefining machinegun in this manner, criminal statutes suddenly cast a much wider net and have much sharper teeth as ownership or the use of these altered guns are classified as a felony.

In this case, the Plaintiff, Mr. Cargill asserts his Second Amendment right to bear arms and requests court intervention and relief from this administrative agency regulation that unconstitutionally infringes his Second Amendment rights, and at the same time, violates separation of powers through Executive Branch overreach. It is the legislature that creates statute and statutory definitions. No matter, it should not be left in the hands of a bureaucratic group of unelected government employees and contractors to create or redefine laws, particularly laws that criminalize activity. Here, the Executive Branch did not just encroach upon another branch’s authority, but rather seems to trample all over Congressional legislative powers.

This case is not the first of its kind to go through the courts. On March 25, 2021, a panel of three judges from the Sixth Circuit Court of Appeals ruled this ATF regulation was unconstitutional. Delivering the well-reasoned majority opinion, Judge Alice M. Batchelder stated,

“A bump stock may change how the pull of the trigger is accomplished, but it does not change the fact that the semiautomatic firearm shoots only one shot for each pull of the trigger,” she stated. “With or without a bump stock, a semiautomatic firearm is capable of firing only a single shot for each pull of the trigger.” Judge Batchelder went on to explain that though deference is generally given to regulations created by administrative agencies based on an agency’s interpretation of statutes was never meant to embolden agencies of the Executive Branch, manned by contractors and unelected employees of the government, with authority to create or “read into laws” criminal statutes.

Following this Sixth Circuit panel decision, a rehearing was granted and on December 3, 2021, an evenly divided Sixth Circuit en banc, i.e. full Sixth Circuit Court of Appeals bench, opinion vacated the panel opinion – sending this case right up to the Supreme Court of the United States (SCOTUS) where it now rests awaiting resolution.

The procedural history of the case at bar, while robust, follows lockstep with the above-mentioned Sixth Circuit Court of Appeals case and is currently scheduled to be reheard en banc on September 13, 2022.

America’s Future defends the constitutional rights of Americans. Our Amicus brief sets forth comprehensive analyses opposing the Bump Stock rule because it unconstitutionally violates not only the Second Amendment but glaringly contravenes American principles under our separation of powers doctrine – one of our greatest tools against tyranny.

Editor’s Note: See our July 7, 2022 newsletter providing details about Motions for Leave, including circumstances necessitating submission of the same to a court.

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Keeping You Informed

Amicus Filings Updates – August 4, 2022

America’s Future continues to file Amicus briefs in the Supreme Court of the United States and around the nation in various U.S. Courts of Appeal.  The latest is summarized above. Our Amicus briefs are filed in defense of our Constitution and to guard and protect our individual liberties. These efforts are in furtherance of our mission to fight to preserve the rights and freedoms of American citizens.
 
To keep readers informed about the status of the cases of those Amicus briefs filed, we can report on the following cases since our last update in the July 7 newsletter, and as of noon today (August 4, 2022):
 
  • In Yukutake v Conners (formerly Yukutake v Shikada), Ninth Circuit Court of Appeals (Dkt No. 21-16756), which is also a Second Amendment case, we filed an Amicus brief in support of the Plaintiffs, Mr. Yukutake and Mr. Kikukawa who had been granted a summary judgment at the lower level trial court (the United States District Court for the District of Hawaii).  We can report that following the July 1, 2022 motion, filed by the Defendant, to remand the case back to the trial court in light of the SCOTUS decision in New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. ____ (2022), Plaintiffs filed a brief in opposition to Defendant’s motion to remand arguing the trial court found in favor of Plaintiffs as to the Second Amendment issues.  Plaintiff’s response was filed on July 8, 2022.  Finally on July 14, 2022, Defendants filed a reply.  The Ninth Circuit has not yet ruled on Defendant’s motion to remand.
  • In Torcivia v Suffolk County, SCOTUS Dkt. No. 21-1522, we filed a motion for leave to file an Amicus brief in this case in support of the Plaintiff’s petition for relief based upon violations of his Fourth Amendment rights to be free from unreasonable search and seizures.  On July 12, one of the Defendant-Respondents to Plaintiff’s petition, Ms. Catherine Smith, filed a waiver declaring she would not be filing a responsive brief opposing Plaintiff’s petition.  All remaining Defendant-Respondents are subject to a deadline of today, August 4, for timely filing of responsive briefs.
  • In 303 Creative LLC v Elenis, SCOTUS Dkt. No. 21-476, we filed an Amicus brief in support of Plaintiff, her First Amendment rights to speak freely and exercise her religion without interference.  Although the SCOTUS has narrowed the issue, the case will be decided on Freedom of Speech grounds only. In our brief, we urged the SCOTUS to reconsider this limitation and, instead, resolve the case based upon the threshold issue of our God-given right to exercise our religious beliefs freely.  We can report that the Defendants are subject to a fast-approaching deadline of August 12, 2022 to respond to Plaintiff’s brief (filed May 26, 2022).
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Vote

Five states held primary elections Tuesday (August 2). There are more primaries this month and next. All primary elections are important, and all eligible Americans – regardless of party affiliation – need to vote in their state primary elections and on November 8, Election Day. Voting is our ultimate civic responsibility and patriotic duty. The right to vote is what gives rise to all other rights, privileges, and freedoms in our exceptional nation.

In 1963, the Supreme Court immediately recognized that the “right to vote is too important in our free society to be stripped of judicial protection” and further expressed that “[n]o right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined.”

A citizen’s right is sacred.  It is grounded in Article 1 Section IV of the US Constitution which states, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof…” In furtherance of protecting citizens from being disenfranchised and safeguarding free and fair elections are constitutional provisions of the Twelfth, Fourteenth, Fifteenth, Nineteenth and Twentieth Amendments, the Civil Rights Act of 1957 and the Voting Rights Act of 1965.

Underscoring the intent of the Framers of the Constitution to ensure free and fair elections be carried out justly, judiciously, and uniformly, at the Constitutional Convention of 1787, James Madison wisely proclaimed, “If the power is not immediately derived from the people…we may make a paper confederacy, but that will be all.”

There are on-going legal challenges, court battles, debates, lies and propaganda about the 2020 election and historically, many prior elections. Confidence in free and fair elections is uppermost in the minds of most American citizens. Don’t let anything dissuade you from voting. In less than 100 days, one of the most consequential elections will take place. America’s Future encourages you to cast your vote. As Madison knew almost 250 years ago, the power of your vote is at the heart of democracy and vital to remaining a viable sovereign nation, free from tyranny.   

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Reminders & Updates

REGISTER FOR “BORDER 911”: To address the gravity of the national security issue caused by the invasion of illegals on our southern border, America’s Future Board Chair, General Michael Flynn and our Board Member Lara Logan will speak at “Border 911” on August 27, 2022 in Houston, Texas. The day-long event is sponsored by The America Project, a 501c(4) nonprofit. For further information and to register, please click here.

APPLY: The application review cycle for America’s Future 2023 Scholarship Award For Excellence began August 1. Eligible high school seniors are encouraged to apply for one of five scholarship awards of $1,000 each. Find out more and apply online at Scholarship Program.

MUST SEE: America’s Future urges all Americans to get involved and never quit the fight for freedom. Please watch the video  and heed our Board Chair, General Michael Flynn’s question: “What am I going to do to help my country, to help my family, to help my community?”

RAISE THE FLAG. SAY THE PLEDGE: Because every day is “flag day” in the USA, America’s Future teamed up with Colonial Flag to offer an assortment of discount-priced flags along with a beautifully-designed Pledge of Allegiance insert and a free pocket-size U.S. Constitution signed by our Board Chair, General Michael Flynn. Click here and choose the perfect flag for your home and business today!

AMERICA’S MONDAYS WITH MARY: Tune in every Monday morning at 9 a.m. (ET) to watch our Executive Director Mary O’Neill report out on the comments and insights submitted via our weekly Reader Survey and listen to updates about America’s Future activities and what’s ahead at America’s Mondays With Mary.

STAY CONNECTED: You’ll find America’s Future on your favorite social media platforms. Thank you for remembering to follow us and please share our posts.

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