The popularity of left-wing streamer Hasan Piker surfaced the issue most recently. He was detained and interrogated by U.S. Customs and Border Protection (CBP) officers at Chicago’s O’Hare Airport. The incident has ignited discussions about the rights of citizens, particularly regarding their interactions with law enforcement at borders and airports. While born a native-born U.S. citizen, Piker was asked difficult questions regarding his ideological views. This utterly dystopian state of affairs should alarm all civil libertarians in our hyper-partisan era.
Piker’s detention comes at an extraordinarily sensitive moment for critics of the U.S. government. It may be most important for those who have spoken out against USFP, especially as it relates to Israel and the broader Middle East. As a young, outspoken and prominent critic of these policies, Piker is an anomaly in many ways. His radical views will likely cause government persecution under the authoritarian line of the last Trump administration.
Piker is no stranger to the typical “security culture” moves. Over the past several decades, many leftist activists have bought into these tactics themselves. He emphasized that he understood the importance of protecting personal data in these types of meetings. Looking back on the incident, he said, “I might have done better if I’d asked, ‘Am I being detained?’ right away. This practical piece of advice mirrors legal advice that people should always stand up for their rights during police encounters.
During the questioning, Piker made it clear that he would not have permitted CBP agents to search his phone or laptop. So he turned to his followers on social media. Out of concern for his community, he went on Twitter to give advice about how to disable FaceID on their phones before interacting with law enforcement. His advice furthers an emerging trend among activists – beware of the digital pan-opticon.
After his detention, Piker made clear that when it comes to First Amendment-protected areas, such as political and religious beliefs, these questions are unacceptable. He thinks these types of questions shouldn’t require answers from the public. His position rings true for a lot of civil libertarians and defenders of the right to remain silent in the face of an encounter like this.
Piker has learned what he has, by doing and going through challenges. He fervently urges his readers NOT to do what he did in those circumstances. His remarks illustrate an insight into the complicated and often treacherous landscape that is navigating law enforcement. They further draw out the chilling effects that come from interacting with local law enforcement.
The National Lawyers Guild is a powerful source of civil rights education and activism. Since Piker’s detention, their “know your rights” video became hugely popular on social media. The video now stands as an educational tool for everyone, especially those facing scrutiny from police, border patrol, and airport security at CBP checkpoints.
Critics have emerged, including Mike Masnick, who accused Piker of providing “a masterclass in what not to do when detained by CBP.” That’s an important reminder, and I think it illustrates the spectrum of views on the best approach to take in scenarios like these. Ría Thompson-Washington is a legal educator and social justice activist. She stressed that knowing your rights goes beyond just knowing them – standing up together is the collective responsibility of citizens in solidarity with one another.
“People need to remember that your best defense is being in solidarity with people and movements that are making systemic change,” – Ría Thompson-Washington
Thompson-Washington stressed the necessity of silence during any police engagement. He unceremoniously declared, “There’s one thing that hasn’t changed over 50 years… [Y]ou know what it is? Shut the fuck up. This wish expresses a growing trend among activist circles calling for mutual pacts not to work with the police.
Piker’s experience shined a bright light on the need for an important discussion on what constitutional rights Americans still hold at our borders and airports. As citizens begin to see the full extent of their rights, they’re igniting major debates. These conversations will continue to build — virtually and in person.