In an unexpected ruling handed down today by Circuit Court Judge Allan Sharrett, the judge dismissed the government’s case against Brandon Raub, the Marine who was arrested by local police and FBI agents, detained in a psychiatric ward and forced to undergo psychological evaluations based solely on the controversial nature of lines from song lyrics, political messages and virtual card games which he posted to his private Facebook page. Judge Sharrett dismissed the petition for involuntary commitment on the grounds that the petition “is so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.” Raub is expected to be released immediately.

“This is a great victory for the First Amendment and the rule of law,” said John W. Whitehead, president of The Rutherford Institute. “Brandon Raub was arrested with no warning, targeted for doing nothing more than speaking out against the government, detained against his will, and isolated from his family, friends and attorneys. These are the kinds of things that take place in totalitarian societies. Today, at least, Judge Allan Sharrett proved that justice can still prevail in America.”

Brandon Raub, a former Marine who has served tours in Iraq and Afghanistan, was detained by FBI agents and police officers at his home in Chesterfield County based upon the nature of content posted to his Facebook page in recent months. Like many Facebook users, Raub uses his Facebook page to post song lyrics and air his political opinions, as well as engage in virtual online games with other users. On Thursday, August 16, 2012, police and FBI agents arrived at Raub’s home, asking to speak with him about his Facebook posts. They did not provide Raub with a search warrant. Raub was cooperative and agreed to speak with them. Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials then handcuffed Raub and transported him first to the police headquarters, then to John Randolph Medical Center, where he was held against his will due to alleged concerns that his Facebook posts were “terrorist in nature.” Outraged onlookers filmed the arrest and posted the footage to YouTube.

In a hearing before Special Justice Walter Douglas Stokes on August 20, government officials again pointed to Raub’s Facebook posts as the sole reason for their concern and for his continued incarceration. Ignoring Raub’s explanations about the fact that the FB posts were being read out of context and his attorney’s First Amendment defense, Stokes sentenced the former Marine to up to 30 days’ further confinement in a psychiatric ward and signed a court order for Raub’s involuntary admission to the Veterans Hospital in Salem. In coming to Raub’s defense, attorneys for The Rutherford Institute challenged the actions of Chesterfield County, Va. as procedurally improper, legally unjustified, and in violation of Raub’s First Amendment rights. Institute attorneys appeared before the Circuit Court on August 23 to request that Raub be transferred back to John Randolph Medical Center while Institute attorneys attempted to secure his release. However, Judge Allan Sharrett declared the government’s case to be lacking in factual allegations and ordered Raub immediately released.

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A former Marine involuntarily detained for psychiatric evaluation for posting strident anti-government messages on Facebook has received an outpouring of support from people who say authorities are trampling on his First Amendment rights.

Brandon J. Raub, 26, has been in custody since FBI, Secret Service agents and police in Virginia’s Chesterfield County questioned him Thursday evening about what they said were ominous posts talking about a coming revolution. In one message earlier this month according to authorities, Raub wrote: “Sharpen my axe; I’m here to sever heads.”

Police — acting under a state law that allows emergency, temporary psychiatric commitments upon the recommendation of a mental health professional — took Raub to the John Randolph Medical Center in Hopewell. He was not charged with any crime.

A Virginia-based civil liberties group, The Rutherford Institute, dispatched one of its attorneys to the hospital to represent Raub at a hearing Monday. A judge ordered Raub detained for another month, Rutherford executive director John Whitehead said.

“For government officials to not only arrest Brandon Raub for doing nothing more than exercising his First Amendment rights but to actually force him to undergo psychological evaluations and detain him against his will goes against every constitutional principle this country was founded upon,” Whitehead said.

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