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Patriot Private Citizen Inclusion Gate







Patriot Private Citizen Inclusion Gate

Multi-factor inclusion eligibility test for Patriot University accountability profiles, with special heightened protection for private citizens. Prevents inclusion solely on the basis of protected speech, political affiliation, rally attendance, or political association. Defines the Non-Speech Anchor Test, subject classification framework, and the mandatory Basis for Inclusion disclosure block for every profile. Composes with accountability-profile-verification (which handles evidentiary standards after eligibility is confirmed) and patriot-sanity-check (which runs last). Use before creating any new accountability profile, when auditing whether an existing profile should be retained, or when determining whether a named individual qualifies for inclusion.

When to Use This Skill

Run this skill before creating or retaining any accountability profile where:

  • The subject is not a currently serving or former elected official
  • The subject is not a currently serving or former presidentially appointed or Senate-confirmed official
  • The subject’s primary basis for inclusion appears to be speech, political positions, or attendance at events
  • You are auditing an existing profile to determine whether it meets current inclusion standards
  • The subject is any private individual regardless of political prominence

For sitting or former elected officials and Senate-confirmed appointees, baseline accountability rationale exists and you may proceed directly to accountability-profile-verification. That said, the Basis for Inclusion disclosure block (Section 3 of this skill) is still required for all profiles regardless of subject type.

## Constitutional Foundation

These inclusion standards are grounded in First Amendment protections that apply regardless of whether the speech is offensive, politically extreme, or factually false.

### Protected Speech Cannot Be the Sole Basis for Inclusion

Brandenburg v. Ohio, 395 U.S. 444 (1969) — The government may not punish advocacy of illegal conduct unless it is (1) directed to inciting or producing imminent lawless action AND (2) likely to produce such action. This “incitement test” is the hardest First Amendment standard to meet. Political advocacy — including advocacy for radical positions — is constitutionally protected.

NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982) — Civil liability may not be imposed on individuals for their association with or advocacy of a cause, even when others in the same movement engaged in unlawful conduct. “The practice of collective action to achieve political goals must be protected.” Individual liability requires proof of the individual’s own unlawful conduct, not proximity to others’ unlawful conduct.

Snyder v. Phelps, 562 U.S. 443 (2011) — Speech on matters of public concern — even speech that is deeply offensive, false, or emotionally harmful — is protected when it addresses public issues. The Court held that restricting such speech “would give license to punish the expression of unpopular views.” Civic accountability documentation must not become a vector for silencing unpopular political positions.

Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) — Private individuals who have not voluntarily injected themselves into a controversy are entitled to heightened protection from reputational harm. They need not prove “actual malice” (knowledge of falsity or reckless disregard) to recover for defamation — they need only show negligence. This higher private-citizen protection standard requires that accountability documentation for private citizens be held to a higher evidentiary bar than documentation for public figures.

### What This Means for Accountability Documentation

Expressing support for a political position, candidate, or movement is protected.

Attending a legal rally or protest is protected, even if others at that rally engaged in unlawful conduct.

Posting false political claims on social media is generally protected (unless it constitutes fraud, true threats, or defamation in a specific legal context).

Membership in an organization — even an extremist one — is protected unless the individual knew of and personally directed or materially supported specific unlawful conduct (Healy v. James, Scales v. United States).

Radical, offensive, or authoritarian political views are protected. Documentation platforms may not include individuals solely because their views are objectionable.

Section 1: Subject Classification Gate

Before applying the inclusion test, classify the subject. Classification determines which test applies.

Classification Categories

Category Definition Inclusion Test
Sitting Public Official Currently serving elected official (federal, state, local) or Senate-confirmed appointee in office Baseline rationale exists; proceed to evidence standards in accountability-profile-verification
Former Public Official Previously served in a qualifying elected or Senate-confirmed role Baseline rationale exists for conduct during that role; proceed to evidence standards
Voluntary Public Figure Voluntarily and publicly assumed a prominent role in the subject controversy (organized events, gave media interviews, made public claims of leadership) Intermediate threshold; conduct-based anchor required but lower bar than private citizen
Limited-Purpose Public Figure Voluntarily thrust into a specific public controversy by their own public actions, but not a general public figure Intermediate threshold; see Non-Speech Anchor Test
Private Citizen Has not voluntarily assumed a public role; known primarily through their private associations, speech, or attendance Highest threshold; must pass Non-Speech Anchor Test with documented Tier 1/2 evidence

Classification decision rule: When in doubt, classify at the more protective level. A person who attended a rally and made posts about it is a private citizen unless there is documented evidence of a specific public-facing leadership or coordination role they voluntarily assumed.


Section 2: The Non-Speech Anchor Test (Private Citizens and Limited-Purpose Public Figures)

A private citizen or limited-purpose public figure may be included in the accountability knowledgebase only if they independently satisfy at least ONE of the following five Anchor Criteria, documented with Tier 1 (Documented) or Tier 2 (Credibly Reported) evidence as defined in patriot-accountability-profile-standards.mdc.

Anchor A: Criminal Conviction or Formal Charge

The subject has been:

  • Criminally convicted of a crime related to the subject matter of the profile, OR
  • Indicted or formally charged by a grand jury or government prosecutor for conduct related to the subject matter

Evidence required: Court record — case name, court, docket number, charge(s), date of charge or conviction. CourtListener or PACER link preferred.

Critical limit: If the underlying criminal charge is itself based primarily on protected speech (e.g., a charge that is being challenged on First Amendment grounds and has not yet been adjudicated), note this uncertainty and do not treat the charge as establishing the conduct as unlawful.

Qualifying examples: Criminal conviction for obstruction, seditious conspiracy, assault, or destruction of property related to January 6. Conviction for election fraud, voter registration fraud, or official misconduct.

Non-qualifying: A charge that was dismissed, a charge under appeal with credible constitutional challenge, or a civil action (civil suits, even if successful, are a weaker form of this anchor — document carefully and separately).


Anchor B: Documented Organizational Leadership or Command

The subject held a documented leadership, command, coordinating, or operational role in an organization that:

  • Was indicted, convicted, or officially designated as a criminal enterprise, extremist organization, or terrorist organization, OR
  • Committed documented, organized acts that directly harmed democratic processes, elections, or constitutional rights (based on court records, congressional findings, or multi-outlet journalism)

What qualifies as “leadership”: Founder, officer, director, chapter president or leader, operational coordinator, financial controller, or comparable documented role that placed the individual in authority over the organization or its harmful operations.

What does NOT qualify: General membership, attendance at meetings, following the organization on social media, expressing support for the organization’s stated goals, or being listed on a membership roll without a documented leadership function.

Evidence required: Corporate registration records, organizational bylaws, court filings identifying the subject’s role, congressional testimony, or at minimum multi-outlet journalism that specifically names the subject’s leadership function.


Anchor C: Documented Significant Financial Enablement

The subject provided documented, significant, targeted financial support that materially enabled specific harmful conduct that itself meets accountability standards.

What qualifies: Direct financial transfers to fund a specific operation documented in court filings; major donations specifically solicited for and applied to the harmful conduct; financial facilitation documented in official records.

What does NOT qualify: Ordinary political campaign donations to a candidate; membership fees to a legal organization; donations to a general fund not specifically earmarked for the harmful conduct.

Evidence required: FEC filings, bank records introduced in court proceedings, financial investigative journalism from Tier 1 outlets (ProPublica, NYT, WaPo) with documentation.


Anchor D: Voluntary Public Figure — Self-Injection into Controversy

The subject voluntarily and publicly thrust themselves into the specific controversy at a level that makes their individual conduct a matter of legitimate public concern, satisfying the Gertz limited-purpose public figure standard.

Qualifying indicators:

  • Held or participated in press conferences specifically about their role in the controversy
  • Gave media interviews describing their personal role in organizing, planning, or executing related conduct
  • Published public-facing written materials, manifestos, or social media threads asserting a leadership or coordination function
  • Filed official documents (court filings, regulatory submissions) placing themselves at the center of the controversy
  • Organized and publicly promoted events specifically connected to the harmful conduct

What does NOT qualify as self-injection:

  • Attending events organized by others
  • Posting political opinions or memes on social media
  • Signing a publicly available petition
  • Being photographed at a public location
  • Having a public social media presence about politics generally

Evidence required: Documentation of the specific voluntary public act — the interview, the published statement, the event invitation, the official filing.


Anchor E: Use of Official Non-Elected Position

The subject held a non-elected official position (election official, law enforcement officer, judicial officer, government contractor, or other official capacity) and there is documented evidence they used that official capacity to advance the harmful conduct.

Qualifying examples: County clerk who refused to certify vote counts based on false claims; election official who submitted or promoted a false slate of electors; law enforcement officer who facilitated access to restricted areas during January 6; government contractor who used official access to advance harmful operations.

Evidence required: Official records, court findings, congressional testimony, or Tier 2 journalism specifically documenting the official role and the specific conduct.


Section 2B: The Speech Taint Analysis

After confirming an anchor criterion is met, run the Speech Taint Analysis:

The Strip Test

Step 1: Mentally or literally remove all speech-based evidence from the profile — social media posts, rally speeches, interviews, written statements, public advocacy.

Step 2: Review what remains. Does the remaining non-speech evidence independently justify inclusion under the anchor criterion?

  • YES → The non-speech anchor stands on its own. Proceed to profile creation/retention. Speech may be documented in the profile for factual context but must be labeled (see Section 3).
  • NO → The anchor is not independently sufficient. The profile should be removed or reclassified as “network mapping only” with no individual accountability findings.
  • BORDERLINE → Treat as NO. Err toward the subject’s rights. Document the non-speech anchor more thoroughly before proceeding, or remove.

Proportionality Limits for Private Citizens

Even when an anchor is satisfied, private citizen profiles carry these hard limits:

Dimension Rule
Priority rating Cannot exceed P1 unless there is a criminal conviction. Criminal conviction of a private citizen may justify P1; P0 is reserved for sitting or former officials with documented constitutional violations.
Characterization language Must be strictly descriptive of documented non-speech actions. No rhetorical language.
Scope Profile scope must be limited to the documented anchor conduct and its direct context. Do not expand to general background or political history unrelated to the anchor.
Associations Document only direct organizational relationships with cited evidence. Do not document ideological proximity or general movement association.
Images Do not include personal photographs, home addresses, or workplace information not already on the public record related to the anchor conduct.

Section 3: The Basis for Inclusion Disclosure Block

Every accountability profile — regardless of subject type — must include a Basis for Inclusion block. This block is placed immediately after the profile header/overview section and before the Documented Actions section.

The block serves three purposes:

  1. Editorial transparency — why did this subject meet the inclusion standard?
  2. Legal defensibility — documenting the non-speech basis protects against harassment claims
  3. User trust — the platform’s accountability principles are visible and verifiable

Format: Public Officials and Former Officials


---

> **Basis for Inclusion**
> 
> **Subject classification:** Public Official — [Elected / Presidentially Appointed / Confirmed by Senate]
> **Role at time of documented conduct:** [Title, Agency/Chamber, dates]
> 
> This profile documents conduct in an official public capacity. Public officials are subject to accountability review for actions taken in their official roles. This profile does not document private conduct unrelated to official duties.
> 
> **Protected speech note:** Statements and public positions documented in this profile are included as factual context. Expressions of political opinion, even where contested or factually disputed, are protected speech and are not independently the basis for inclusion in this profile. Where speech is documented, it is to provide context for documented actions or to record the official's own statements about documented conduct.

Format: Voluntary Public Figures (Media Personalities, Prominent Organizers)


---

> **Basis for Inclusion**
> 
> **Subject classification:** Voluntary Public Figure — [Media Personality / Public Organizer / Public Advocate]
> **Basis for public figure status:** [One-sentence description of how the subject voluntarily assumed a public role in the relevant controversy]
> 
> This profile documents conduct specifically related to [subject matter]. Inclusion is based on the subject's voluntary public role and documented non-speech conduct, not on political positions or speech alone.
> 
> **Protected speech note:** Statements, commentary, and advocacy documented in this profile are protected speech under the First Amendment. Where opinion journalism, commentary, or public advocacy is documented, it is included as factual context — the record of what this public figure said in their public role — and does not independently constitute a basis for accountability findings. Accountability findings in this profile rest on documented non-journalistic conduct, organizational relationships, or financial relationships where cited.

Format: Private Citizens (Required for All Five Anchor Types)


---

> **Basis for Inclusion**
> 
> **Subject classification:** Private Citizen
> 
> **Non-Speech Anchor met:** Anchor [A / B / C / D / E] — [One sentence describing the specific qualifying conduct and the supporting evidence]
> 
> **Evidence basis:** [Cite the specific Tier 1 or Tier 2 source(s) that establish the anchor criterion — court record, organizational filing, congressional record, or multi-outlet journalism]
> 
> **What is NOT the basis for inclusion:** This individual's political positions, expressed opinions, social media activity, rally attendance, political affiliation, and support for political candidates or movements are NOT the basis for inclusion in this profile. Protected speech — including radical or extreme speech — does not independently justify accountability documentation under Patriot University's editorial standards.
> 
> **Protected speech documented in this profile:** [Choose one:]
> [A] "Statements and speech documented in this profile are included for factual and historical context only. They are protected under the First Amendment and do not independently form the basis for inclusion."
> [B] "This profile documents actions only. No speech or statements are included."
> [C] "The following statements documented in this profile may cross from protected speech into legally actionable territory: [specific statements, with citation to legal finding]. All other speech documented in the profile remains protected under the First Amendment."

Section 4: Applying This Skill to Existing Profiles

Audit Workflow for Existing Private Citizen Profiles

When auditing an existing profile for a non-official subject:

  1. Classify the subject per Section 1. If previously classified as a public official but their official role is minor or unclear, re-evaluate.
  1. Test each anchor per Section 2. For each documented action in the profile, ask: “Is this speech or is this a concrete non-speech act?”
  1. Run the Strip Test per Section 2B. Does the profile survive without its speech-based content?
  1. Determine disposition:
  • Retain and update: Non-speech anchor confirmed; add/update the Basis for Inclusion block; ensure profile is limited to anchor-scope content
  • Reclassify to network mapping: Anchor is borderline; strip negative characterizations; document only the factual connection without accountability conclusions
  • Remove: No non-speech anchor exists; inclusion was based solely on speech, affiliation, or attendance
  1. Add the Basis for Inclusion block per Section 3, selecting the appropriate format for the subject classification.
  1. Run accountability-profile-verification followed by patriot-sanity-check.

Priority Flags for Immediate Audit

Flag the following profile types for immediate review using this skill:

  • Any private citizen profile whose primary listed evidence is social media posts, rally attendance, or organizational membership without documented leadership
  • Any profile where the only source was One6Project and no independent Tier 1/2 source has been added
  • Any profile where the documented conduct is exclusively characterized as “supported,” “promoted,” or “advocated” without a documented non-speech act
  • Any profile where the subject’s role is described as a media figure without documented non-journalistic conduct

Section 5: Examples — Applying the Test

Example 1: January 6 Participant (Private Citizen)

Scenario: A private citizen attended the January 6 rally, posted supportive content on social media, and was photographed in the Capitol building.

Classification: Private citizen (no elected or official role)

Anchor A test: Were they criminally charged? If yes, Anchor A is met. Profile may proceed documenting the conviction/charge. If no charges were filed, continue testing.

Anchor D test: Did they voluntarily assume a public role? Posting on social media and being present at a public event does not constitute self-injection under Gertz. If they gave press interviews taking credit for organizing the event, Anchor D may be met.

Strip test: Remove all speech and social media evidence. Is there documented non-speech conduct? Physical presence in a restricted area, if proven in court, is non-speech conduct. But if the only documentation is photographs and social media posts, the strip test fails.

Disposition: If charged/convicted, include under Anchor A with court record. If not charged and no documented organizational leadership, remove the profile.


Example 2: Proud Boys Chapter Leader (Private Citizen)

Scenario: A private citizen served as a regional chapter leader of the Proud Boys and coordinated logistics for January 6 operations.

Classification: Private citizen in a leadership role

Anchor B test: Did they hold a documented leadership role in an organization with documented harmful conduct? Yes — chapter leader (documented leadership) in an organization indicted under RICO for seditious conspiracy (Anchor B met).

Strip test: Remove speech (recruitment rhetoric, social media). Does documented organizational role + coordination evidence survive? Yes — organizational records and court filings establish the role independently of speech.

Disposition: Include. Profile scope limited to organizational role and documented coordination conduct. Speech documented for factual context only, labeled as protected speech in the Basis for Inclusion block.


Example 3: Fox News Correspondent (Voluntary Public Figure)

Scenario: A Fox News correspondent reported on January 6, expressed support for claims that the election was stolen, and hosted guests who promoted false claims.

Classification: Voluntary public figure (media personality)

Anchor considerations: Opinion journalism and political commentary are protected speech. The correspondent’s reporting, hosting, and commentary do not independently trigger accountability review. However, if there is documented evidence of (a) direct coordination with political actors to advance a narrative knowing it was false, (b) financial relationships creating undisclosed conflicts, or (c) conduct outside journalistic privilege — those non-speech acts may justify inclusion.

Strip test: If only journalism and commentary remains, the strip test fails. If non-journalistic conduct (e.g., documented financial relationship, direct coordination documented in court records) remains, the anchor may be met.

Disposition: Include only if non-journalistic conduct is independently documented. Profile scope limited to non-journalistic conduct. All journalism/commentary labeled as protected speech.


Section 6: Composition with Other Skills and Rules

Reference Relationship
patriot-accountability-profile-standards.mdc The governing rule; this skill implements Section 8 (Legal Exposure Guardrails) and adds to Section 5 (Speech Is Not a Crime)
accountability-profile-verification Runs after this skill confirms eligibility; handles evidence standards, citation format, and profile quality
patriot-sanity-check Runs last; validates output of both skills
first-amendment-legal-expert Deep constitutional analysis for borderline speech cases
fact-checking Source credibility verification for anchor evidence
public-records-research-specialist Court records, PACER, FOIA for establishing anchor criteria

Skill Chain for New Private Citizen Profiles


1. patriot-private-citizen-inclusion-gate  ← THIS SKILL (eligibility + disclosure block)
2. accountability-profile-verification      ← Evidence standards and citations
3. patriot-sanity-check                    ← Final quality and credibility audit

Quick Reference — The Five Anchors

Anchor What Qualifies Evidence Required
A: Criminal Charge/Conviction Criminal conviction, indictment, or formal charge related to the subject matter Court record: case name, court, docket, charge, date
B: Organizational Leadership Documented founder/officer/director/chapter leader/coordinator role in an organization with documented harmful conduct Corporate records, court filings, congressional testimony, multi-outlet journalism
C: Financial Enablement Documented significant, targeted financial support that materially enabled specific harmful conduct FEC filings, court records, financial investigative journalism
D: Voluntary Public Figure Voluntarily and publicly assumed a leadership/coordination role via press conferences, media interviews, or public organizing — not merely attending or posting Documentation of the specific voluntary public act
E: Official Non-Elected Role Used an official non-elected capacity (election official, law enforcement, government contractor) to advance the harmful conduct Official records, court findings, congressional testimony

The Non-Qualifying List — Protected Speech and Association

The following, standing alone, are never sufficient for inclusion regardless of how extreme, offensive, or harmful they appear:

  • Expressing support for a political candidate, movement, or ideology
  • Attending a legal rally, protest, or political event
  • Posting on social media about political topics
  • Signing a petition or letter
  • Donating to a legal political campaign or organization
  • Membership in an organization without documented leadership or knowing material support for unlawful conduct
  • Holding, expressing, or promoting extreme, radical, offensive, or false political views
  • Being photographed with or associated with individuals who later engaged in unlawful conduct
  • Being listed in an external taxonomy or database (One6Project, SPLC, ADL, or similar) without independent documented conduct

Last Updated: May 19, 2026
Canonical location: ~/.codex/skills/patriot-private-citizen-inclusion-gate/SKILL.md
Composes with: accountability-profile-verification, patriot-sanity-check, first-amendment-legal-expert
Governing rule: patriot-accountability-profile-standards.mdc

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