Free speech under attack in the US
CHICAGO—Donald Trump and the MAGA right wasted little time in capitalising on the gruesome 10 September murder of right-wing activist Charlie Kirk. Before authorities in Utah, where Kirk was killed, had even located a suspect, Trump and the MAGAverse were blaming Kirk’s death on an amorphous “left”. Within days, leading right-wingers—not just MAGA “influencers” but Trump officials up to the vice president—were calling for repression against the left.
Vice President Vance led the charge, encouraging right-wingers to monitor social media and to report to employers anyone who made light of Kirk’s killing. Because so few people really made light of Kirk’s murder, the dragnet changed to sweep in people who were insufficiently deferential to MAGA’s desire to turn Kirk into a martyr. The Washington Post fired award-winning journalist Karen Attiah when she simply criticised Kirk’s legacy by quoting him in his own words.
The government-orchestrated attack on free speech reached a crescendo when Trumpite Federal Communications Commission chair Brendan Carr suggested that the broadcast network ABC, a subsidiary of the Disney Co., could save itself from regulatory problems by removing late-night comedian Jimmy Kimmel’s show from the air. ABC dutifully complied, announcing the “indefinite” suspension of Kimmel’s program on 18 September.
Kimmel’s offence, according to Carr and the MAGA right, was to imply that Kirk’s killer was “one of theirs”. Subsequent information—revealed after Kimmel’s monologue—cast doubt on that assertion. But no matter. Carr had achieved his purpose. It put media corporations on notice that the government would be policing their speech—in direct violation of the letter of the law that created the FCC in 1934. The ever oafish Trump then said he’d like other networks to fire their late-night comedians, for whom the president provides an endless supply of comedic material.
What MAGA didn’t anticipate was the pushback the Kimmel cancellation received. Most Democrats and even a few Republicans criticised Carr’s move. Boycotts and cancellations of Disney streaming service subscriptions increased. The unions representing writers, actors and musicians who worked on Kimmel’s show mounted protests. More than 400 well-known actors and performers issued a statement condemning ABC, and New York mayoral candidate Zohran Mamdani pulled out of an ABC-sponsored event in protest.
Within a few days, Disney reversed itself and announced that Kimmel’s show would return to the air. Now, two networks of local ABC affiliates, Nexstar and Sinclair, have also backed down. But we shouldn’t think that the battle for free speech is won.
First, the government pressuring private entities to censor speech it doesn’t like has been the Trump administration’s modus operandi since it returned to office in January. It has cut billions in research grants to universities, leading many to discipline students or faculty who had protested Israel’s war in Gaza, or to scrap university programs that met with administration disapproval. It announced it would deny security clearances to law firms considering representing clients suing the administration. Trump filed frivolous lawsuits against CBS’s and ABC’s news operations—which he certainly would have lost if they had gone to trial—leading their parent companies to make multimillion-dollar settlements.
Second, the success of a wealthy, well-known and nonpolitical entertainer like Kimmel can obscure the larger attack on free speech and the left that MAGA will continue to prosecute. More than 100 people have been fired or disciplined for comments made after the Kirk killing. That includes Dr Tom Alter, a tenured professor at Texas State University, fired after a troll with fascist and antisemitic sympathies reported to Alter’s employer that the professor had spoken at a socialist conference.
Trump issued an executive order declaring “antifa” (short for “antifascist”) a domestic terrorist organisation. Although no provision in US law permits Trump to do this, his action is a signal to federal law enforcement. Federal agencies like the FBI could conduct investigations, infiltration of organisations and arrests of people on the left—which, in Trump world, means just about anyone who opposes the administration’s policies. Given that “antifa” is not an organisation nor even a coherent ideology, the vagueness of the target is a weapon in the hands of law enforcement.
Another way that the administration will attack liberal and activist organisations is by weaponising the tax code. US tax law provides educational, charitable, religious and social organisations an exemption from paying federal taxes if they do not engage in partisan politics or electioneering. The administration has also supported legislation that would allow the Treasury secretary to designate any organisation as “terror-supporting” without any proof or due process. The feds can revoke tax-exempt status and compel organisations to pay millions in fines. Merely the threat of those penalties could lead organisations such as immigrant rights groups, which are mounting opposition to Trump’s deportation regime, to curtail their activities.
One final, but by no means less important, aftershock of the Trump administration’s actions and rhetoric since Kirk’s murder is the licence it gives to right-wing elements to wreak violence on their opponents. Trump’s and Vance’s claims that “the left” is a uniquely violent force in US politics is the exact opposite of the truth, according to the libertarian Cato Institute—hardly a friend to the left. The “permission structure” that Trump, Vance and others in the administration are creating will make right-wing violence like the 2017 murder of antifascist protester Heather Heyer in Charlottesville, Virginia, the 2018 massacre at the Tree of Life synagogue in Pittsburgh or Kyle Rittenhouse’s 2020 vigilante murders of Black Lives Matter activists more likely, not less.
Developments since Kirk’s death should clarify some points amid the noise and social media vitriol. They have exposed the lie that conservatives and the far right are somehow champions of “free speech” against a censorious left “cancel culture”. When billionaires like X’s Elon Musk and Fox’s Rupert Murdoch own massive communications platforms from which they spread conservative and far-right ideology into the body politic, it’s hard to take the claim seriously. With few exceptions, the right’s pretensions to “free speech” were always phoney and mostly raised when others used their free speech to criticise the right’s bigotry.
But observing that the right’s free speech rhetoric is disingenuous shouldn’t let mainstream liberals off the hook. The attacks on university activists protesting the war in Gaza didn’t begin with Trump. They started under the Biden administration, with the support of the White House and most Democrats. And the liberal MSNBC network fired commentator Matthew Dowd for comments he made on live TV only a few minutes after Kirk’s killing.
In contrast, championing free speech has always been central to the left. From the abolitionist press in the pre-Civil War era to the Industrial Workers of the World’s free speech fights in the early 1900s to opposition to McCarthyism in the 1950s to the Free Speech Movement at the University of California in 1964, the best part of the left and workers’ movement has always defended free speech.
Free speech and freedom of organisation and assembly are crucial for defending and extending other rights. The first nine months of the Trump administration have demonstrated that elite institutions like universities and the corporate media are willing to “bend the knee” to an increasingly authoritarian government if they think their profits, endowments or investments will be served. On the other hand, ordinary people, organised to push back on the Trump administration’s predations, have shown a far greater willingness to defend our rights.
The actions of thousands of ordinary people across the country have impeded the administration’s efforts to kidnap our immigrant neighbours off the street. And ordinary people sitting on grand juries in Los Angeles and Washington, DC, have refused federal prosecutors’ attempts to criminally indict people arrested for protesting immigration authorities or the administration’s military deployments. The real defenders of democracy in the US are much more likely to be found at street demonstrations or at “know your rights” trainings than in the halls of Congress, the courts or corporate boardrooms.
