“We’re All Individuals!”: “Living Persons” in the Bubble of their Own “Sovereign Nation“ Speak Out

Inter-ethnic relations, National politics, Politics, Popular Culture, Public health,, Society & Culture

Who’d have thought that it’d take a pandemic to bring to light just how many cynics and crazies are out there? Before COVID-19 we only had the climate change deniers and the occasion conspiracy peddler to cope with. Since the virus first descended, coronavirus deniers have been coming out of the woodwork, a contagion not confined to the USA.

Human rights or human life?  
Recently, a new phenomena has popped up on social media and TV screens – from the “Republic of Covididiocy”. Provocateurs have taken to filming themselves confronting police and retail shop personnel during  lockdown – provocatively refusing to wear masks, not giving their personal details and declaring loudly that their human rights were being transgressed. The extreme position adopted by these protesters connects them to conspiratorial views held by fringe extremists in the US.

Conspiracy heaven

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A universal scofflaw mindset
These individuals are part of a loosely-organised movement of people who call themselves “Sovereign Citizens” (or “Sov-Cits” or just ‘Sovereigns’, for short), whose purpose is to assert some set of existing natural rights which, they purport, places them outside of the jurisdiction of the government and the law. In a climate of pandemic-induced restrictions many of these people may just be (over)reacting to the state’s clampdown on their freedom of movement and activity, a knee-jerk libertarian impulse. However the concept of Sovereign Citizenry long pre-dates the current pandemic as a conspiracy-driven stratagem, with its origins, unsurprisingly, found in America.

The world according to Sovereign Citizens
“The Sovereign Citizens Movement promotes the tantalising fantasy that anyone can declare himself or herself above and beyond the jurisdiction of the government by invoking arcane legal terminology”.
~ Southern Poverty Law Center

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(Source: www.radicalisationresearch.org)

In the 1990s the SCM picked up the earlier Posse Comitatus movement’s baton of unrelenting enmity towards the federal government, portraying themselves as the “true defenders of the Constitution”. Sov-Cit beliefs rest on the same premise as that established by Posse Comitatus. They believe that the US government is illegitimate…it is, they say, a corporation that  has duped ‘natural’ citizens (read “Sovereign Citizens”) into an unlawful contract. Sovereign theorists cite the 14th Amendment in 1868 and FD Roosevelt’s 1933 abandonment of the gold standard as a back-up to the paper currency as historical ‘proof’ of federal deception.

Gurus and methods
The SCM is a loosely organised group of litigants, commentators, tax protesters/deniers and financial scheme promoters…leadership comes from “redemption gurus” who advise Sovereigns to use ‘legal’ phrases to remove themselves from the jurisdiction of government (BBC).

Prison recruitment, outreach and education  Gurus and other Sovereign ‘mentors’ incarcerated for fraud or for not paying taxes have found prison an ideal environment to indoctrinate and recruit new adherents. Imprisoned drug dealers and embezzlers were particularly willing recruits to the cause, jumping at the chance to put Sov-Cit theories into place in the hope of getting out of jail, or to retaliate against the public officials and law enforcement officers who put them there! The pseudo-legal strategy employed by Sov-Cits (again following Posse Comitatus) is based on the ludicrous “Theory of Redemption”—a secret (and mythical) fund of money created for everyone at birth by the US government—which Sov-Cits can supposedly redeem or claim to pay debts [‘Sovereign Citizens Movement Resurging’, Southern Poverty Law Center, Spring Issue 2009, 26-Feb-2009, www.splcenter.org].

“American National”, the preferred nomenclature for Sovereigns  

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Before the advent of the internet training of Sov-Cits took place at seminars held at remote extremist compounds. Now recruits learn via online videos and forums (like You Tube and MySpace) which disseminate SCM doctrine and tactics. Some Sovereign groups sell booklets like “The Prison Packet” which purports to guide inmates towards the realisation of their freedoms. Religious outreach, through the agencies of numerous Christian fundamentalist fringe organisations in the US, is another avenue for recruiting Sov-Cits into the fringe fold (Southern Poverty Law Center).

Paper terrorism
Sovereigns employ what are saturation methods, submitting countless bogus court filings containing hundreds of pages which are virtually indecipherable. The purpose? “To punish, to harass and mislead public officials”. The paper terrorism may take the form of elaborate scams, the generation of fake letters of credit or tax forms, frivolous law suits or other faux legal documents [‘Understanding the sovereign citizen movement: a guide for corrections professionals’, The Free Library, www.thefreelibrary.com/].

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Law-enforcement officers in the Sovereigns’ cross-hairs
Some Sov-Cits are out and out “con artists”, transparently pure 100% charlatan, but as Michael Barkun warns, others are politically-motivated anti-government extremists⧆…and dangerous! In 2010 a Sov-Cit duo, father and son, killed local police officers in West Memphis, Arkansas. A New Hampshire shootout in 1997 resulted in the death of five people including the Sovereign provocateur acting as a “lone wolf”❂.  Cop killing by Sovereigns is not confined to America – in 2016 a Reichsbürger, the German version of the Sov-Cit, shot dead a policeman in that country. The FBI has declared some Sovereign Citizens to be domestic terrorists. Often inmates utilise the Sov-Cit strategies from within the prison system to carry out protracted vendettas against judges, IRS officials, prosecutors and local sheriffs (Southern Poverty Law Center).

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(Source: www.bbc.com/)

The lengths a Sov-Cit will go to

Your dedicated Sovereign is not adverse to creating fake car licence plates or printing his or her own currency and then trying to pass it off as real money. One SCM provocateur in Florida, in acrimonious conflict with his local Bank of America branch, sent it a bogus foreclosure notice and even barricaded the branch during opening hours (SPLC).

Francis: “It is symbolic of our struggle against oppression”
Reg: “Its symbolic of his struggle against reality”
~ Monty Python’s Life of Brian

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Sovereigns don’t believe they need to hold a licence in order to drive (or to fish for that matter). When stopped by police patrols they have been known to deny that they are driving and affirm rather that they are in fact merely travelling⚅ (Dr Kaz Ross, interview, ABC Radio). And travelling, Sovereigns insist, is “a God-given right”. Some Sovereigns go even further than just mouthing the mantra that they are outside of federal jurisdiction, proclaiming to be citizens of other entities, eg, the Montana Freemen, the “Republic of Texas” (The Free Library)✫.

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Anti-government protest in Oregon
(Source: http://m.dk.com)

Endnote: Sovereign Citizens are one of a panoply of Alt-Right, conspiracy-obsessed fringe hate groups in the US which might loosely be subsumed under the umbrella term “patriot movement”. There is a lot of blurring of the lines between SCM, QAon, the Three Percenters, the Boogaloo Bois, the Proud Boys, the Anti-Vaxxer groups and various others of a similarly contrarian ilk. In particular, the Sov-Cits’ emphasis on the duality of US citizenship echoes the philosophy of another group – the Freemen-on-the-Land movement. The latter proclaim that “with special knowledge and careful language, we can circumvent these laws and regulations and live freely as an alternative vision of ourselves under our own ‘natural‘ laws” (a virtual identikit image of the SCM’s credo and tactics) [’What is the ‘sov cit movement?’, BBC News, 05-Aug-2020, www.bbc.com; ’The seriously weird belief of Freeman on the Land”, (Shelley Stocken),  News, 09-Jul-2016, www.news.com.au].

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PostScript: Black separatism
On the surface you might think Sov-Cits would be an exclusively Caucasian phenomena, given its links to White Supremacist outfits like Christian Identity. But there is an African-American separatist subset that adheres to the Sovereign Citizens credo. Given their disproportionate representation in US prisons, Black inmates not surprisingly have been attracted to the SCM ideology. A clique of African-American drug-dealers on trial for murder in the 2000s in Baltimore employed its obstructionist ploys to delay proceedings for years [‘Too Weird for The Wire’, (Kevin Carey), Washington Post, May/June/July 2008].

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✱ the great danger here “is when fringe beliefs and proponents begin to slip into the mainstream”, eg, President Trump’s spruiking of alleged coronavirus cures which are not scientifically proven and possibly harmful, ‘The threads that don’t connect: Covid gives Australian conspiracy theorists a home’, (Michael McGowan), The Guardian, 02-Aug-2020, www.theguardian.com.au]
⊞ a right to hold possession of property owned by another until they discharge the debt (www.lexico.com/)
⧆ Barkun describes them as “a stubbornly resilient sub-culture, a community of the alienated”
❂ many Sovereign groups are thought to be aligned with militia groups
⚅ ‘driving’, they assert, is what a truck driver or a taxi driver does for a living
✫ it’d be stating the obvious to say that Sovereigns have a cockeyed notion of the rule of law, one based on the false premise that an individual can choose which law they consent to, and which they don’t (SPLC)

The COVID-19 Crisis: Are We Creating a Whole Generation of New Scofflaws?

Environmental, Literary & Linguistics, Medical history, Public health,

Scofflaw: (n) as neologisms go, the word scofflaw has an interesting back story. It is a portmanteau word, derived by combining scoff + law. Scofflaw’s origin came about in 1923 when Massachusetts banker Delcevare King offered up a prize of $200 in gold to the American public for the best word which described “the lawless drinker”.. America being knee-deep in the era of Prohibition at the time and King being one of Prohibition’s greatest zealots. The winning entry (in fact ‘entries’, as two separate entrants submitted the same word), came from Henry Irving Dale and Kate L Butler (who herself was a Anti-Saloon Leaguer) who shared the prize. ‘Scofflaw’ beat a field of over 25,000 entries which included ‘boozocrat’ and ‘boozshevik’ (“DELCEVARE KING, BANKER, 89 DEAD; Prohibitionist’s Contest Led to Coining of ‘Scofflaw’ “, New York Times, 22-Mar-1964; “Ken Burns & Lynn Novick: Prohibition”, PBS, broadcast 2011, www.pbs.org). So, it’s original meaning was someone who drinks illegally (earning the opprobrium of prohibitionists like Mr King) or someone who mocks (scoffs) or ridicules anti-drinking laws. Over time scofflaw was extended to mean “a person who flouts the law, especially by failing to comply with a law that is difficult to enforce effectively”…in the US since the 1950s the word has largely been applied to individuals who habitually violate laws of a less serious, non-criminal nature, especially traffic violations (‘Scofflaw’ Wikipedia, http://en.m.wikipedia.org/; www.thefreedictionary.com/).

Prohibition: confiscating barrels of illegal grog in America (Source: Pinterest)

As part of the government mantra directed towards us home-front civilians in the war on coronavirus, we are asked by our leaders, entreated even, to practice safe social distancing. In the early days of the war against the invisible biological enemy we were told to immediately implement social distancing from others at all times. Later this was quantified and codified – 1.5 metres distance outdoors from others, no congregations of people of more than 500, indoors a four to one ratio, no more than 25 people in a room 100 square metres. And yet at the same time—this is where the mixed messaging starts to gain traction—we were told we can keep using public transport to go to work or school or uni or TAFE. So we pile onto crowded buses, trains and LRVs like the George Street ‘Snail’, at peak time. We shop in scarcity-hit supermarkets teeming with increasingly chaotic shoppers, we sit in class rooms and cafés and pubs and restaurants, or line up in the ever-lengthening queues of the recently unemployed outside Centrelink offices – in all instances numerically and spatially infringing the prescribed limits. We should all, even the politicians, shout as one – “I’m a violator!” All of us at some point have been or will be violators – by design or default!

Bondi: defying the coronavirus warnings (Source: AAP)

Scofflaws and recusants of the world unite!And what of those other violators of social distancing in this time of pestilence, the beach-going masses whose capers—from Sydney all the way to Florida—the media have revelled in? The beach-goers at Bondi and other popular summer-time beaches who are either indifferent or wilfully tone-deaf to the authorities’ daily mantra of abstinence or are pleading ignorance of the messages on the grounds of being Generation X, Y, Z, Millennials, Xennials (or whatever term you prefer) and therefore invincible. We can add peripatetic domestic tourists currently roaming around the country to the list of sloth-minded transgressors. Whether the violators are blatantly snubbing their noses at society and authority or are forced by circumstance into breaking the government’s edicts, the trajectory of the crisis suggests that a new generation of scofflaws is in the making. These multitudes, theses new scofflaws or recusants, some with a very deliberate rationale of defiance, will undoubtably continue to breach government warnings and (now) rules on social distancing and contact as the crisis continues⊞, replacing the traditional notion we have of scofflaws – unrepentant recidivists who accumulate unpaid parking fines or debts, ignore summonses or graffiti public or private property.

Given the sheer impossibility of compelling all citizens to maintain social distances in public (considering the scale of the enterprise and the limitations of the enforcement agencies), it will probably come down to the will and commitment of governments and bureaucracies to enforce these rules. The stick is already out…the NSW police minister has announced that individuals breaching the social distancing guidelines will be instantly fined $1,000 or even jailed (this second option however is highly implausible in the present health climate which sees the country’s prisons under fire for crowding too many inmates in together!) (‘Breaking social distancing rules will lead to on-the-spot fines of $1,000’, ABC News, 25-Mar-2020, www.abcnews.com.au). Tough talk but it remains to be seen how thoroughly this threat to act will be prosecuted or how practical it will be to implement. You can also expect the civil libertarians of the community to come out in earnest support of the Covid scofflaws, defending to the last adjective their right to freedom of movement. Watch this space.

Footnote: Of course the opposite could also happen – if recent reports of public reactions to self-isolation are an indication. We may witness a whole lot of people coming out of the woodwork, channeling their inner Oliver Cromwell and dobbing in their scofflaw neighbours to the local constabulary for breaching their two week home quarantine.

Postscript: Tips for occupying some of the 960 minutes a day of stay-at-home time you are awake

The more realistic and level-headed of us who are not still spending our days at the beach (yes there are scofflaws still trying to circumvent the barriers now in place at popular beaches) are hunkering down for the long haul during the pandemic. So if you are looking for some light reading material while in mandatory hibernation for the winter, there’s always that classic allegory of unrelentingly grim reality, Camus’ The Plague, or if you want something more apocalyptically contemporary, try The Road or Station Eleven.

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even more unfathomably bizarre, after the latest round of war cabinet lockdowns, is the circumstance of hairdressers and barbers – they have been allowed to stay open and serve the public, whilst still observing the 1.5 m gap. How that will be expected happen remains a mystery to all except the inner workings of the war cabinet I surmise (robotic arms and 150cm-long scissors may be the answer!)

⊞ the best the government can hope for is to minimise the non-compliance of this cohort so that the numbers of them who are infected and the numbers that they infect are kept as low as possible

certainly a considerably more substantial deterrent than the drop in the ocean £30 Boris has announced he’ll fine scofflaw Britons

incidentally, sales of Camus’ book about a disease-infested 1940s Algerian town have soared during the pandemic (The Economist, April 2020)