First Amendment threats and defenses have, for much of the past 100 years, largely focused on protecting individual speech — the rights of any one of us to express ourselves without interference or punishment by the government.

Not to be too glib but, oh, those were the days! This glee is due, in no small part, to the degree that individual speech and press rights triumphed in that era. But looking into this new year, that situation — and those victories — may be more nostalgia than norm. There is increasing danger to our core freedoms from what I’ll call “systemic” challenges, which often appear focused on other issues, but which carry a First Amendment impact, if not wallop.

The increasing public and commercial use of drones raise issues of noise, public safety and congestion in the airways — but also questions about what on-board cameras see and record that go far beyond earlier “peeping Tom” worries.

Consider a new network of drones constantly crisscrossing the skies over your hometown, constantly sending video of the passing scene to the insatiable maw of computer storage. Combine that record with facial recognition software, vehicle tracking devices and surveillance cameras that can ID license plates from miles away and it’s but a small step to government discovery of who we meet, where and when, with resulting impact on the right of assembly or association.

We’ve known for some time there’s a running joke, in national security and spy circles in this country and elsewhere, that we’re now doing most of the surveillance work they used to do simply by living our lives on social media. Add the abilities of artificial intelligence to collect, collate and match social media and online data about any one of us and the kind of “anonymous” speech that produced the Federalist Papers is ever more nonexistent.

Put another way, George Orwell’s draconian “Big Brother” presence was predicated on government installing a device in every home — and life — to observe each of us. In 2019, we’re the ones installing the devices. Not just at home, but 24/7 in pockets and purses through smart phones, watches and the like.

In 2018, in two decisions involving GPS and cell phones, the U.S. Supreme Court pushed back on this new technological threat.

Chief Justice John Roberts said that cell phone location information is a “near perfect” tool for government surveillance, analogous to an electronic monitoring ankle bracelet. “The time-stamped data provides an intimate window into a person’s life, revealing not only his particular movements, but through them his ‘familial, political, professional, religious and sexual associations,'” Roberts wrote.

Try being a reporter, under such involuntary transparency in the future, attempting to meet secretly with a source about government corruption or official misconduct or a botched criminal investigation or an undisclosed, invasive national security policy. Good luck.

Let’s round up this Pandora’s box assembly of threats with a look at the 2020 election cycle. Not only will legitimate reports by a free press be mixed in with mis- and disinformation, a new technological threat challenges the adage that “seeing in believing.”

What’s included in “involuntary synthetic imagery” (a mouthful of a title) is the sinister possibility of videos that take real situations and seamlessly “paste” faces of politicians and others onto actual participants. Imagine misleading or embarrassing video that’s nearly impossible for most to distinguish from the real thing. Tragically, such fakery already has invaded our lives thanks to what’s known as “deepfake” porn.

How do we square such “deepfake” videos with First Amendment law, which — with the exceptions when such fake video clearly is being used for extortion or blackmail — would tend to side with free expression and with those who create such works? When would satire cross the line into defamation or intentional infliction of emotional distress — two traditional, but often expensive, time-consuming legal tools available to those who claim injury from such fakery?

And what of news consumers, already besieged by fakery on social media, claims of bias in news reporting by various outlets old and new, photo and video edits that distort, who already have a deep distrust of much of what they see, hear and read?

Despite all this, not the entire look into 2019 is glum. News consumers have more tools to identify misleading items. The fact-checking industry can be paired with “trust” projects and background programs — such as (self-promotion alert!) the Freedom Forum Institute’s “Newstrition” tool.

More of us than ever appear concerned about our First Amendment rights than at any time in the past 25 years. Let’s keep that concern and attention going and growing in the new year.

Gene Policinski is president and chief operating officer of the Freedom Forum Institute. He can be reached at [email protected], or follow him on Twitter at @genefac.

At the close of my term as your Governor, I would like Kansans to know of my sincere gratitude for the time I have had to serve the people of this great state. I have always felt called to service, and the opportunity to do so as your governor has been one of the most fulfilling experiences of my life. It has been an honor to meet Kansans across our state and see the good they are doing.

On my first day in office, Caroline from Salina gave me some advice that I used during my time in office and that will continue to shape my mindset moving forward. She told me “There’s a reason they make the rearview mirror in a car small, and the windshield big. We are looking forward not backwards.”

As your Governor it has been my goal to move our state forward. During my first month in office I signed executive orders creating new policies about harassment in the workplace and transparency in government. It is my hope that these policies will continue to set the standard for many years to come. I’m also proud of what we have accomplished with the economy. Unemployment is at record lows, we have more people working than ever before, and job creation is on the rise. Truly Kansas has a brighter future because of the hard work done by so many over the past year, and we can’t go back.

In my inaugural address, I asked the people of Kansas to take up the call to serve; to look outside themselves and find ways to help their neighbors and their communities. In the past year as your Governor and the seven years before that as Lt. Governor, I have seen this happening in every corner of our state. The brightest example of this spirit of service is exhibited in our young people. It’s inspiring to see them excited to make a difference in their communities. They are our future, and they love to serve.



As I leave office, it is my hope that we will all find ways to do a little more good in the world around us. Search out opportunities to serve your fellow man and make the world, our country, and the state of Kansas a better place. I myself plan on continuing to serve my patients, the public, and my fellow Kansans. I’ve often said that Kansas is the true heart of America; you all are the reason that statement rings true. I love this state and the people who call it home. May God continue to bless you, and may God continue to bless the great state of Kansas.

Friends,

As we enter the weekend, the government will be going on its 21st day of being shut down. I want to express what I am finding in D.C. that is continually frustrating.

Too often, when we talk about the immigration issue, we are led to believe that we must choose between a binary option of either border security or compassionate immigration reform.

This is an opportune moment to quit kicking the can down the road and actually work together to couple border security priorities with long term immigration fixes. We have a chance to make historic changes and improvements to the course of our nation.

Kansans know that we can have both and that’s what I’m fighting for in Washington.

Securing our borders

We have tens of thousands of immigrants arriving at our entryways every month, and as a result, thousands of drugs, criminals, and violence spilling into our country. The crisis on our southern border is real, and we must stop refuting the facts and do our most sacred duty, protect our nation. Without secure borders, we cannot ensure our nation’s safety.

In his address to the nation this week the President stressed the urgent humanitarian crisis at our southern border. I challenge those that deny this crisis to go and see the stress on our borders first hand. I did, and it was eye-opening.

Just last year alone, there were a total of 1.7 million pounds of narcotics seized by customs and border patrol. In the same year, 17,000 adults attempted to enter our southern border with existing criminal records, and we are now averaging 60,000 illegal and inadmissible aliens a month on our Southern Border.

According to DHS and numerous border patrol agents, illegal trafficking has dropped more than 90 percent in places that walls and barriers exist. Walls work, and the $5.7 Billion that the President is asking for is an investment that will pay off for decades.

This week I addressed the House floor to stress the urgency that we supply the President with the adequate funds for border security and in doing so re-open our government.

5 yr.-old raising awareness for Hydrocephalus

This week Caleb Wiggs from Leoti, Kansas celebrated his fifth birthday.

Caleb is grateful for many things this milestone, but perhaps one thing that many 5-year-olds overlook, he is grateful for his life. At the age of five, this condition has caused him to undergo three life-saving brain surgeries.

Caleb has been selected as one of the 2019 National Ambassador for Hydrocephalus Awareness for the Pediatric Hydrocephalus Foundation. As an ambassador, he will educate people across the country on this disease that so desperately needs medical advancements and treatment solutions. He will also participate in the 2019 Hydrocephalus Issues & Action Conference in Washington this August where he will meet with my fellow lawmakers.

Hydrocephalus can develop at the time of birth or later. As an obstetrician, I understand the severity of this condition from having to prepare new mothers for the challenges ahead and ensuring the best care for these newborns. Sadly, one to two of every 1,000 babies are born with hydrocephalus but there is hope. Robust medical research partnered with patient advocates like Caleb can bring new advancements to the finish line.

Caleb, your bravery and voice will have an impact on thousands of lives, including the many families fighting this condition.

National Law Enforcement Appreciation Day

This week we celebrated National Law Enforcement Appreciation Day. In honor of this, we thanked our officers that serve our communities and sacrifice so much.

I also honored my father, who was the Chief of Police and Fire Chief in El Dorado, Kansas for nearly 25 years. As the Chief he loved protecting and serving others, often getting calls on the holidays and weekends. Still, to this very day, my father always aims to help others. He is reliable, trustworthy, and an all-around leader in his community.

As a young boy, I couldn’t quite grasp the risks and dangers that he faced at his job day to day. He always seemed so calm, cool and collected. But his fellow officers would often tell me stories about his leadership and bravery while helping people at some of the most dangerous crime scenes and fires.

I want to express my sincerest gratitude to our officers for everything that they do to keep our communities safe. Thank you!

Welcome, Mike!

Kansas Governor-Elect Laura Kelly announced this week the appointment of Mike Beam to head the Kansas Department of Agriculture.

I have had the pleasure of working with Mike in his role with the Kansas Livestock Association and as the Executive Director of the Ranchland Trust of Kansas.

Mike has been a tireless advocate for Kansas agriculture and the preservation of our state’s native resources and grasslands. As I continue my work in Washington D.C. on behalf of farmers and ranchers, I look forward to working with Mike and his staff at the KDA to ensure our state’s most valuable industry has the support it needs to continue to grow.

POTUS Nominates Kansan to NTSB

This week, President Trump nominated Kansan, Michael Graham to join the National Transportation Safety Board. This is exciting news for Kansas and the Navy veteran who began his career as a Naval Aviator flying A-7’s and F/A-18’s. Graham has been at Textron Aviation, Inc., a company based in Wichita, for more than 20 years, and currently serves as their Director of Flight Operations Safety, Security and Standardization.

If confirmed by the U.S. Senate, Graham would complete a five-year term. Graham has been a tireless advocate for aviation across Kansas. He chairs the Air Charter Safety Foundation heads the National Business Aviation Association Safety Committee Single-Pilot Safety Working Group. Graham is also a member of the General Aviation Information Analysis Team of the Aviation Safety Information Analysis & Sharing (ASIAS) program.

With his leadership and experience, I could not think of anyone better for the role. It will be great to have a Kansans serving the Administration in this capacity!

Dr. Roger Marshall, R-Great Bend, is the First District Kansas Congressman.