Archives for category: Censorship

Ruth Ben-Ghiat is a professor at New York University and an authority on fascism and dictatorship. Here, she analyzes the shocking decision by Mike Johnson, the House Spraker, to release the tapes of the January 6 insurrection with the faces of participants blurred so they can’t be identified and prosecuted. If they are releasing tapes of criminal activity, why are they blurring the faces of criminals? To protect them.

She writes:

Authoritarianism revolves around the power to commit crimes with impunity. That is why protecting and promoting criminals and turning violent and corrupt activities into patriotic and necessary actions are always priorities of authoritarian parties and governments. The statement by Speaker of House Mike Johnson (R-LA) that House Republicans will blur footage from the Jan. 6 attack to help participants avoid being brought to justice is symptomatic.

When autocratic forces triumph, the rule of law becomes rule by the lawless. If Donald Trump returns to the White House, this will be the situation in the United States.

The party took a big step forward in the process of normalizing impunity when they made the methods and philosophy of the Jan. 6 attempted coup into party dogma. A 2022 GOP resolution decreed the assault on the Capitol to be “legitimate political discourse.” This rhetorical defense provides an “intellectual” rationale for the overturning of our democracy.

Normalizing impunity also means actively shielding participants in the coup attempt from being brought to justice and discrediting democratic institutions of justice in the eyes of the public. This is what keeper of the MAGA cult Johnson sought to do with his statement. “We have to blur some faces of persons who participated in the events of that day because we don’t want them to be retaliated against and to be charged by the DOJ,” he said.

As with everything Johnson says and does, this declaration was meant for an audience of one. It was a loyalty performance meant to reassure Trump that the GOP will defend those who tried to save him from the awful fate of accepting democratic precedent and leaving office when he was voted out.

Johnson’s statement also sends a strong message to MAGA thugs and fanatics that the Republican party will defend them if they engage in acts of political violence going forward. And it reduces the DOJ’s actions to hold criminals accountable to “retaliation.”

Crime, and the law, have a different meaning for authoritarians and their enablers. In the amoral and transactional world of leaders such as Trump, all means are justified to get to power and stay there. So, actions that might be defined as criminal in a democracy take on a different meaning in an autocracy. Elites and foot soldiers are rewarded for engaging in corruption, lying, and violence.

Creating an environment propitious to such violence is a key element of preparing for and managing autocracy. Spouting dehumanizing and violence-inciting rhetoric is not enough: you have to give people incentives to engage in corrupt and violent acts.

The promise and reality of pardons plays a role here. MAGA loyalist Rep. Paul Gosar (R-AZ) used the idea of a ” blanket pardon” to get people to participate in the insurrection. Trump has deployed this ever since. “If I run, and if I win, we will treat those people from January 6 fairly,” the former president stated at a Jan. 2022 rally. “And if it requires pardons, we will give them pardons, because they are being treated so unfairly.”

As I observed in an earlier Lucid essay, illiberal leaders have long used pardons to corrupt people, discourage dissent in and outside of the party, hide their crimes, and free up the most criminal and unscrupulous elements of society for service to the party and the state.

Benito Mussolini inaugurated this strategy. In 1925, soon after he declared himself dictator, he pardoned all “political criminals,” meaning the Blackshirts whose violence had helped him come to power in 1922 and intimated and killed people ever since. Murderers, specialists in torture, and more were now available to serve in Il Duce’s new militia or take jobs in the party and the state bureaucracy.

Five years after the 1973 coup destroyed Chilean democracy, dictator Augusto Pinochet amnestied all political criminals. Tellingly, the junta pardoned not just “authors” and “accomplices” of crimes, but also “concealers” of those crimes, so that military and security service agents who had committed human rights abuses now had their service records cleansed of incriminating evidence.

In blurring the faces of those who engaged in violent actions on behalf of an autocrat, and stating that they do not want those who assaulted the Capitol to be brought to justice, Johnson and the GOP place themselves in authoritarian tradition. They are releasing the altered footage because they need to consolidate a revisionist narrative about Jan. 6 for campaign purposes.

The DOJ has the unaltered footage, and living in a democracy means evidence of actions that incriminate those who commit violence on behalf of the powerful cannot easily be destroyed. The GOP intends to cleanse the DOJ if they return to power and likely scrub all such evidence. In the meantime, they must settle for blurring the faces of those they want to use for future anti-democratic actions. “We don’t want them…to be charged by the DOJ,” Johnson said. This is why.

If Trump and the GOP have their way, as of 2025 the DOJ would be remade to serve autocratic goals, protecting criminals rather than holding them accountable.

Over the past week, there was a surge of articles about the danger that Donald Trump poses to our democracy. Trump ratcheted up his threats to punish his enemies and to replace the civil service with Trump loyalists. When his admirer Sean Hannity asked him point blank whether he intended to be a dictator—expecting he would say “of course not”—Trump responded he would be a dictator “only on the first day,” when he would command the completion of the border wall with Mexico and “drill, drill, drill.” Trump’s rhetoric no longer sounds like a normal candidate. But he was never a normal candidate.

Some commentators noted that his threats were unprecedented, yet they barely caused a ripple. He said that certain generals who served him yet denounced him deserved to be executed. What would the press have done if Obama had made such a statement? It would have been front-page news for days, not a blip. Trump has normalized threats of violence. His base has come to expect promises of violence from him. He doesn’t disappoint them.

In his first term, he reached out to some who were not in his personal orbit. He won’t make that mistake if there is a next time.

The article that generated the most attention was written by Robert Kagan in The Washington Post, titled “A Trump Dictatorship Is Increasingly Ibrvitable. We Should Stop Pretending.”

Kagan was a noted neoconservative but left the GOP in 2016 because he couldn’t accept Trump. His recent article is 7,500 words. I read it late at night and couldn’t sleep. Kagan’s article laid out the case that Trump will win the nomination; that no elected Republican will stand up to him; that he stands a good chance of being re-elected; and that if he is, he will surround himself with toadies and wreak havoc on our democracy. He predicted, as the title says, that Trump would have no guardrails, no respect for the norms of the Presidency, and no regard for the Constitution.

He said that would use the Justice Department to harass and punish his enemies.

A few quotes from his article:

Let’s stop the wishful thinking and face the stark reality: There is a clear path to dictatorship in the United States, and it is getting shorter every day. In 13 weeks, Donald Trump will have locked up the Republican nomination.

Once Trump sweeps Super Tuesday, he writes, Republicans will fall in line behind him and so will big donors. All of the other GOP candidates except Chris Christie will endorse him.

Meanwhile, Biden will have trouble unifying his party. The news media love to run stories about disenchanted Democratic voters who will stay home. Biden faces challenges from third-party candidates, including Jill Stein, Robert Kennedy Jr., and possibly a No Labels candidate like Joe Manchin.

Trump “enjoys the usual advantage of non-incumbency, namely: the lack of any responsibility. Biden must carry the world’s problems like an albatross around his neck, like any incumbent, but most incumbents can at least claim that their opponent is too inexperienced to be entrusted with these crises. Biden cannot. On Trump’s watch, there was no full-scale invasion of Ukraine, no major attack on Israel, no runaway inflation, no disastrous retreat from Afghanistan. It is hard to make the case for Trump’s unfitness to anyone who does not already believe it.”

Trump enjoys some unusual advantages for a challenger, moreover. Even Ronald Reagan did not have Fox News and the speaker of the House in his pocket. To the degree there are structural advantages in the coming general election, in short, they are on Trump’s side. And that is before we even get to the problem that Biden can do nothing to solve: his age.

Trump also enjoys another advantage. The national mood less than a year before the election is one of bipartisan disgust with the political system in general. Rarely in American history has democracy’s inherent messiness been more striking. In Weimar Germany, Hitler and other agitators benefited from the squabbling of the democratic parties, right and left, the endless fights over the budget, the logjams in the legislature, the fragile and fractious coalitions. German voters increasingly yearned for someone to cut through it all and get something — anything — done. It didn’t matter who was behind the political paralysis, either, whether the intransigence came from the right or the left.

Today, Republicans might be responsible for Washington’s dysfunction, and they might pay a price for it in downballot races. But Trump benefits from dysfunction because he is the one who offers a simple answer: him. In this election, only one candidate is running on the platform of using unprecedented power to get things done, to hell with the rules. And a growing number of Americans claim to want that, in both parties. Trump is running against the system. Biden is the living embodiment of the system. Advantage: Trump…

If Trump does win the election, he will immediately become the most powerful person ever to hold that office. Not only will he wield the awesome powers of the American executive — powers that, as conservatives used to complain, have grown over the decades — but he will do so with the fewest constraints of any president, fewer even than in his own first term.

What limits those powers? The most obvious answer is the institutions of justice — all of which Trump, by his very election, will have defied and revealed as impotent. A court system that could not control Trump as a private individual is not going to control him better when he is president of the United States and appointing his own attorney general and all the other top officials at the Justice Department. Think of the power of a man who gets himself elected president despite indictments, courtroom appearances and perhaps even conviction? Would he even obey a directive of the Supreme Court? Or would he instead ask how many armored divisions the chief justice has?
Will a future Congress stop him? Presidents can accomplish a lot these days without congressional approval, as even Barack Obama showed. The one check Congress has on a rogue president, namely, impeachment and conviction, has already proved all but impossible — even when Trump was out of office and wielded modest institutional power over his party.

Another traditional check on a president is the federal bureaucracy, that vast apparatus of career government officials who execute the laws and carry on the operations of government under every president. They are generally in the business of limiting any president’s options. As Harry S. Truman once put it, “Poor Ike. He’ll say ‘do this’ and ‘do that’ and nothing at all will happen.” That was a problem for Trump is his first term, partly because he had no government team of his own to fill the administration. This time, he will. Those who choose to serve in his second administration will not be taking office with the unstated intention of refusing to carry out his wishes. If the Heritage Foundation has its way, and there is no reason to believe it won’t, many of those career bureaucrats will be gone, replaced by people carefully “vetted” to ensure their loyalty to Trump.

Trump might decide he wants a third term. Who will stop him? The Constitution? The 22nd Amendment? The Congress? Not likely.

Trump as President will pursue those who tried to stop him. He pledged in his Veterans Day speech to “root out the Communists, Marxists, Fascists, and Radical Left Thugs that live like vermin within the confines of our Country, lie, steal, and cheat on Elections, and will do anything possible, whether legally or illegally, to destroy America, and the American Dream.” Note the equation of himself with “America and the American Dream.” It is he they are trying to destroy, he believes, and as president, he will return the favor.

What will that look like? Trump has already named some of those he intends to go after once he is elected: senior officials from his first term such as retired Gen. John F. Kelly, Gen. Mark A. Milley, former attorney general William P. Barr and others who spoke against him after the 2020 election; officials in the FBI and the CIA who investigated him in the Russia probe; Justice Department officials who refused his demands to overturn the 2020 election; members of the Jan. 6 committee; Democratic opponents including Rep. Adam B. Schiff (Calif.); and Republicans who voted for or publicly supported his impeachment and conviction.

But that’s just the start. After all, Trump will not be the only person seeking revenge. His administration will be filled with people with enemies’ lists of their own, a determined cadre of “vetted” officials who will see it as their sole, presidentially authorized mission to “root out” those in the government who cannot be trusted. Many will simply be fired, but others will be subject to career-destroying investigations. The Trump administration will be filled with people who will not need explicit instruction from Trump, any more than Hitler’s local gauleiters needed instruction. In such circumstances, people “work toward the Führer,” which is to say, they anticipate his desires and seek favor through acts they think will make him happy, thereby enhancing their own influence and power in the process.

Prepare for a new McCarthyism as Trump and his MAGA lackeys go after the “anti-American” Democrats whom he calls “”Communists,””Marxists,” “Fascists,” and “vermin.”

How will Americans respond to the first signs of a regime of political persecution? Will they rise up in outrage? Don’t count on it. Those who found no reason to oppose Trump in the primaries and no reason to oppose him in the general are unlikely to experience a sudden awakening when some former Trump-adjacent official such as Milley finds himself under investigation for goodness knows what. They will know only that Justice Department prosecutors, the IRS, the FBI and several congressional committees are looking into it. And who is to say that those being hounded are not in fact tax cheaters, or Chinese spies, or perverts, or whatever they might be accused of? Will the great body of Americans even recognize these accusations as persecution and the first stage of shutting down opposition to Trump across the country?

Kagan says that the odds of a Trump dictatorship are growing by the day. In 2016, it was completely improbable that a man such as trump would win the Republican nomination, and completely unlikely that he would win the Presidency. And it was unthinkable that when he lost in 2020, he would insist that he won in a landslide, and even crazier that his base would believe the Big Lie. Republicans will cower in fear before him; Democrats will protest, maybe take to the streets, but Trump will invoke the Insurrection Act to shut them down.

Who will have the courage to stand up to Trump when the risk is not just losing your political office but arrest, detention, public humiliation, and the loss of your freedom?

Christian and Bridget Ziegler have been leaders of the extreme rightwing in Florida. They are (or were) close to Governor DeSantis and Donald Trump. But when they became ensnared in a sex scandal, they were exposed as rank hypocrites. Christian thus far insists he won’t step down as chairman of the Florida Republican Party. Bridget Ziegler was one of the three co-founders of Moms for Liberty, which led the fight to ban books about homosexuality and to harass transgender students. The website of Moms for Liberty now claims there were only two co-founders; she has been written out of their narrative. She’s a non-person. The editorial board of the Orlando Sentinel says it’s time for both of them to resign. Karma is a bitch.

The deepening troubles of Christian and Bridget Ziegler would be just another local news story if they were two private people. But they are highly public figures who are suddenly in a heap of trouble, and their sex life is in headlines.

He is chairman of the Republican Party of Florida, close to both Gov. Ron DeSantis and former president Donald Trump. She is a nationally known conservative culture warrior, a Sarasota County School Board member and a co-founder of the book-banning Moms for Liberty, which denounces all things LGBTQ. She is also a DeSantis appointee to the Disney World oversight board.

Christian Ziegler is accused, though not formally charged, of raping a woman at her apartment in Sarasota. She told police of a previous three-way sexual encounter with both Zieglers and said she was “mostly in” for Bridget — not him.

Sarasota police and the Florida Trident — the reporting arm of the nonprofit Florida Center for Governmental Accountability — say Bridget Ziegler confirmed the previous threesome. They had recorded Christian Ziegler promising his accuser that there would be another. Text messages showed that the woman had told him not to come to her house without Bridget. He went there anyway and admits to having sex with her, but insists it was consensual.

DeSantis wants Ziegler out, but claims to be powerless to remove him. (To that we say: Since when has that stopped him?) So do other leading Republicans: Sen. Rick Scott, all three Cabinet members and both leaders of the state Legislature. Conspicuously missing from their statements are expressions of concern for the possible rape victim.

The state party vice chairman, Evan Power, has called a closed-door Dec. 17 executive committee meeting in Orlando to “censure or discipline” the chairman after Ziegler refused to call the meeting himself.

Bridget Ziegler remains on the school board, feeding the nationwide mockery over the blatant hypocrisy between her private life and her public preaching. She is also under pressure to resign.

The presumption of innocence

Christian Ziegler is legally innocent unless he’s convicted. There is nothing on the public record that Bridget Ziegler could be charged with, since hypocrisy is not a crime. Neither is a ménage à trois among consenting adults. Her virulent hatred for all things LGBTQ in public while conducting a bisexual tryst in private is damning only in the court of public opinion.

But the Zieglers show contempt for public opinion and for the Republican political machine that enriched them and made them prominent public figures. They should retire discreetly to private life while the criminal investigation proceeds.

Whether she can ever again be a credible member of a school board, or maintain any connection with Moms for Liberty, is in serious doubt. She should resign, too.

Even if she doesn’t, DeSantis clearly holds power over the position he gave her, on the board of the Central Florida Tourism Oversight District. Why hasn’t he yanked that appointment, or demanded that she step down?

“She is nothing but a distraction from before and only getting worse and it will never go away as long as she sits there,” fellow School Board member Tom Edwards told the Sarasota Herald-Tribune.

A pariah to the cause

Some organizations see the hypocrisy in the own ranks.

Moms for Liberty, its credibility further damaged, raced to distance itself from Ziegler and announced that she left its national leadership three years ago, even as she continued to propagate its ideology of intolerance.

She’s also been jettisoned from an organization that “trains conservatives.” Her latest financial disclosure form lists $64,101 in income from the Leadership Institute LLC in Arlington, Va., nearly twice her school board salary of $33,916. Until Wednesday, it listed her as vice president of its School Board Leadership Program. Her name disappeared later that day from the staff list…

Christian Ziegler, meanwhile, regurgitates the standard defense of influential men accused of sexual assault. He claims he’s the victim, if you can believe that.

‘A country to save’

“We have a country to save, and I am not going to let false allegations of a crime put that mission on the bench as I wait for the process to wrap up,” he said.

Like Trump, who supported his election as party chair, and like DeSantis, whose slogan is “Never Back Down,” Ziegler advised a Moms for Liberty national conference to “Never apologize. Ever.” It was a reference to a Moms for Liberty chapter that apologized for using a quote from Adolf Hitler in its newsletter.

As a political strategist, he is ruthless. “Until we get every Democrat out of office and no Democrat considers running for office, we’re going to continue to step on the gas and move forward in Florida,” he said on X, formerly Twitter, last February, when he was elected party chairman.

Until no Democrat dares to run?

Across Florida, teachers are afraid to acknowledge to their students that same-sex relationships exist. Books are being taken off library shelves because they tell the truth about the modern implications of slavery and racism. Works of towering literary merit are being treated like smut because of brief passages describing sexual encounters. Teenaged victims of rape face the possibility that they will be forced to carry their attackers’ babies to term. Transgender Floridians are terrified they’ll lose access to the health care they depend upon.

This is the world the Zieglers helped to make. Now they should live by its narrow, hateful strictures.

I disagree with the editorial. Christian and Bridget committed no crime. He is a bully, but everyone knew that. Let him remain as the face of the state Republican Party. Bridget inveighed against the dangers of gay sex, but she indulged in it herself. She even harassed a member of the Sarasota school board because he is gay. She should remain on the school board and own up to her bisexuality. Maybe contrition will lead her to new views, inspire her to empathy, and enable her to retract her intolerance. We can always hope.

Many states have passed laws that ban the teaching of accurate history. Sometimes these laws ban “divisive concepts,” some ban anything that might cause students to feel uncomfortable, some find other language to warn teachers and textbook publishers to omit the shameful events of the past, especially the racist treatment of people of color.

In Florida, where the state went to great lengths to whitewash the teaching of Black history, one man has devoted himself to telling the truth. That man is Dr. Marvin Dunn. Dr. Dunn was a keynote speaker at the annual conference of the Network for Public Education. In the meanwhile, you can read his book A History of Florida Through Black Eyes.

In response to Dr. Dunn’s moving presentation, a friend of NPE sent me the following article about the Danville Massacre of 1883. We now know that Reconstruction was a period of impressive racial progress. Formerly enslaved people voted, opened small businesses, and asserted their newly won rights.

But the former Confederates found this rebalancing of racial relationships intolerable. The Danville Massacre put an end to a period of reconciliation and installed Jim Crow, cancelling out the gains of Reconstruction.

The author of the article could not remember learning about this important event in the state’s history.

Learning the truth about history doesn’t make children uncomfortable. It makes them informed.

On Twitter (“X”), The Recount reports that the newly elected president of the Central Bucks County school board, Karen Smith, was sworn into office on a stack of banned books, not the Bible.

https://x.com/therecount/status/1732425364675203121?s=42&t=9ko2QEoKmRIlvHb1PdtjSw

The new board swept out a board of rightwing zealots.

In Bucks County, Pennsylvania, voters elected a new school board pledged to reverse the policies of their Moms-for-Liberty style predecessors. That meant ending censorship of library books and ending the ban on gay-friendly displays, among other things. The old school board gave the retiring superintendent a $700,000 going-away gift; the new one is trying to recover the gift.

The Philadelphia Inquirer reported:

The new Democrat-controlled Central Bucks school board moved quickly Monday to roll back some of its GOP-led predecessors’ most controversial actions — from suspending policies restricting library books to authorizing potential legal action into the former superintendent’s $700,000 payout.

What shape the new board’s actions will ultimately take isn’t yet clear. The board’s new solicitor, for instance, said earlier Monday that he needed to learn more about the separation agreement reached between the prior board and now-resigned superintendent Abram Lucabaugh before pursuing a lawsuit.

But the crowd that lined up outside the Central Bucks administrative building to witness the swearing-in of new members Monday was ready to celebrate regardless — cheering new leadership after what numerous speakers described as two years of “chaos,” bookended by highly contentious, big-money elections.

Republicans who cemented their majority in 2021 enacted bans on teacher “advocacy” in classrooms — including the display of Pride flags — and “sexualized content” in library books, and faced a federal complaint alleging the district had discriminated against LGBTQ students.

But Democrats swept the Nov. 7 school board elections — as they did in a number of area districts where culture-war issues had dominated debate.

“Two years ago, I stood in this room a broken woman,” said Silvi Haldepur, a district parent. But “this community banded together and stood up against the hate.”

Keith Willard, a social studies teacher, told the board it was “incredibly difficult” to work for the district when the previous board had “actively marginalized people” and pushed the “belief that staff are indoctrinating kids.”

“What I ask of this board is that you help steer the ship… and return the stewardship to the people that do the real work every day” — teachers and staff, said Willard, who drew a standing ovation.

The room again broke into applause as the board voted to suspend the library and advocacy policies,as well as a policy banning transgender students from participating in sports aligned with their gender identities — a measure the former board passed at its final meeting in the wake of last month’s elections.

Governor DeSantis is teaching the nation that “parental rights” are limited. They are respected only when you agree with his ideology. For example, he hates anything related to gay people. He especially hates drag queens. So, parents do not have the right to take their children to a drag queen show, even if the show has zero sexual content. This is peculiar behavior for a short guy who wears white go-go boots to tour hurricane damage.

DeSantis is cracking down on drag queen performances. How dare parents exercise their “parental rights!”

The Orlando Sentinel reported:

The Orlando Philharmonic has settled with state regulators over its “A Drag Queen Christmas” show, agreeing to pay a $5,000 fine and to not allow children into such performances in the future.

The settlement, reached in August but only publicly announced Wednesday, came even though undercover agents reported that they found nothing lewd about the event.

The Plaza Live, owned by the Philharmonic, could have had its alcohol license revoked in the wake of the complaint filed in February by the Florida Department of Business and Professional Regulation over the Dec. 28 show at the theater.

The agency claimed The Orlando Philharmonic Plaza Foundation, which oversees the Plaza Live, had a responsibility under Florida statutes to make sure no minors were in attendance for the show which allegedly featured “simulated sex acts.”

There was a sign at the entrance warning of potentially unsuitable content for those under the age of 18, according to the complaint.

While undercover agents took photos of three minors at the show, all apparently accompanied by adults, an incident report obtained by the Miami Herald stated that nothing indecent had happened on stage.

The Philharmonic admitted no liability by settling the dispute and agreed not to permit minors into such shows. The Philharmonic and state agency also waived all claims against each other.

A spokesperson for the Philharmonic did not respond to requests for comment on the agreement or whether the event would be held this year. No such show was listed on the calendar on the Plaza Live website on Thursday.

In Miami, the city-owned James L. Knight Center agreed to a similar $5,000 fine for a Drag Queen Christmas event the day before the Orlando show. That settlement did not find any violations of administrative or criminal laws, the Herald reported.

The show toured several Florida cities including Orlando, Miami, Fort Lauderdale and Clearwater in December 2022. The Orlando show drew in large crowds of supporters who backed parents’ rights to take their children where they wish and to protest the conservative movement’s attacks on the LGBTQ community.

The show also drew protesters who claimed it exposed children to “sexually explicit” content and accused organizers of “grooming,” an allegation often baselessly directed at LGBTQ people to suggest a link between them and child abuse.

A later law criminalizing “knowingly” admitting children to “adult” live performances, signed earlier this year by Gov. Ron DeSantis, was temporarily blocked from taking effect in July by a judge who ruled that it targeted drag show performers’ free speech rights. The ongoing suit was brought by Orlando restaurant Hamburger Mary’s.

Publicity photo for the “Drag Queen Christmas Show” at the Broward Center for Performing Arts

I sent a gift of $50 to the Orlando Philharmonic to thank them for defending freedom of expression. If 99 others do the same, we can make up the ridiculous fine they were forced to pay to pander to DeSantis’s homophobia.

https://orlandophil.org/ways-you-can-give/

PEN America has published a state-by-state study of gag orders in education.

Has your state passed gag orders banning books or topics? Check the PEN listing.

PEN wrote:

Over the past three years, state legislators have launched an onslaught of educational gag orders—state legislative and policy efforts to restrict teaching about topics such as race, gender, American history, and LGBTQ+ identities in educational settings.1 PEN America tracks these bills in our Index of Educational Gag Orders.

During the 2023 state legislative sessions, 110 bills that PEN America defines as educational gag orders were introduced, and 10 became law. Four more gag orders were imposed via executive order or state or system regulation: two in Florida, and one each in Arkansas and California. These developments bring the number of educational gag orders that have become law or policy to a total of 40 across 21 states as of November 1, 2023.

While it is difficult to guess the total number of educators affected by these laws and policies, a conservative estimate would put the number at approximately 1.3 million public school teachers and 100,000 public college and university faculty.2 The students who have been directly affected—through canceled classes, censored teachers, and decimated school library collections—likely number in the millions. The chilling effect on public education across the country is certainly much larger.

In this report, we analyze the educational gag orders introduced and passed in the 2023 legislative sessions, as well as the impact of laws passed in 2022 and 2021. We find the following trends:

  • In 2023, educational gag orders changed dramatically in their shape. Their supporters, who remain overwhelmingly politically conservative, have learned from past mistakes and have new and more insidious strategies for silencing America’s educators.
  • Backers of these laws in K–12 schools have shifted their emphasis to bills that restrict speech about LGBTQ+ topics and identities, including numerous copycats of last year’s HB 1557 in Florida, known to critics as the “Don’t Say Gay” law.
  • In higher education, legislators have introduced a new set of bills that attack the traditional support network that underpins academic freedom and free speech,including proposed restrictions on university governance, curricula, faculty tenure, DEI offices and initiatives, and accreditation agencies.
  • New surveys of K–12 and college teachers affected by educational gag orders show for the first time the extensive toll such laws are having on educators.
  • Fortunately, resistance to educational gag orders is rapidly growing. Increasing majorities of Americans have had enough, and organized opposition to educational censorship has increased across the country, with some notable successes.
  • In 2024, legislative efforts to censor educational institutions are likely to continue. Each of the past three legislative sessions has seen greater and more varied proposals to impose prohibitions on the freedom to learn and teach in schools, colleges, and universities. The 2024 general election is likely to contribute to ongoing escalation of this trend.

The school board of Sherman, Texas, was faced with a dilemma. The theater department of the high school had planned for months to put on a production of “Oklahoma,” a standby of American musicals. The cast was selected, the students built a set, the play was scheduled. But when the lead left the cast, the director replaced him with Max Hightower, a transgender student. The district superintendent promptly canceled the production; the set was demolished. But then something amazing happened.

The New York Times reported:

A school district in the conservative town of Sherman, Texas, made national headlines last week when it put a stop to a high school production of the musical “Oklahoma!” after a transgender student was cast in a lead role.

The district’s administrators decided, and communicated to parents, that the school would cast only students “born as females in female roles and students born as males in male roles.” Not only did several transgender and nonbinary students lose their parts, but so, too, did cisgender girls cast in male roles. Publicly, the district saidthe problem was the profane and sexual content of the 1943 musical.

At one point, the theater teacher, who objected to the decision, was escorted out of the school by the principal. The set, a sturdy mock-up of a settler’s house that took students two months to build, was demolished.

But then something even more unusual happened in Sherman, a rural college town that has been rapidly drawn into the expanding orbit of Dallas to its south. The school district reversed course. In a late-night vote on Monday, the school board voted unanimously to restore the original casting. The decision rebuked efforts to bring the fight over transgender participation in student activities into the world of theater, which has long provided a haven for gay, lesbian and transgender students, and it reflected just how deeply the controversy had unsettled the town.

The district’s restriction had been exceptional. Fights have erupted over the kinds of plays students can present, but few if any school districts appear to have attempted to restrict gender roles in theater. And while legislatures across the country, including in Texas, have adopted laws restricting transgender students’ participation in sports, no such legislation has been introduced to restrict theater roles, according to the National Conference of State Legislatures.

The board’s vote came after students and outraged parents began organizing. In recent days, the district’s administrators, seeking a compromise, offered to recast the students in a version of the musical meant for middle schoolers or younger that omitted solos and included roles as cattle and birds. Students balked.

After the vote, the school board announced a special meeting for Friday to open an investigation and to consider taking action against the district superintendent, Tyson Bennett, who oversaw the district’s handling of “Oklahoma!,” including “possible administrative leave.”

Suddenly, improbably, the students had won.

“I’m beyond excited and everyone cried tears of joy,” Max Hightower, the transgender senior whose casting in a lead role triggered the ensuing events, said in a text message on Tuesday. He and other theater students were at a costume shop on Tuesday, a class trip that had been meant as a consolation after the disappointment of losing their production. Instead, it turned into a celebration. “I’m getting new Oklahoma costumes!!” he said.

Before the school board vote Monday night, high schoolers and their parents had gathered at the district’s offices along with theater actors and transgender students from nearby Austin College. Local residents came to talk about decades of past productions at Sherman High School of “Oklahoma!,” which tells the story of an Oklahoma Territory farm girl and her courtship by two rival suitors. Many scoffed at the district’s objections to the musical, which school officials complained included “mature adult themes.”

“‘Oklahoma!’ is generally regarded as one of the safest shows you could possibly pick to perform,” said Kirk Everist, a theater professor at Austin College who was among those who came to speak. “It’s almost a stereotype at this point.”

Every seat in the room was filled, almost entirely with supporters of the production. Some lined the walls while others who were turned away waited outside. Of the 65 people who signed up to speak, only a handful voiced support for the district’s restrictions.

The outpouring came as a shock, even to longtime Sherman residents.

“What you’re seeing today is history,” said Valerie Fox, 41, a local L.G.B.T.Q. advocate and the parent of a queer high schooler. Ms. Fox said she was taken aback by the scene of dozens of transgender people and their supporters holding signs and flags outside the district offices. “This is one of the biggest things we’ve seen in Sherman.”

The town, a short drive from Dallas, has been a place where many conservatives have gone to escape the city. Some were supportive of the superintendent’s initial decision to restrict the musical.

“Adult content doesn’t belong in high school; they’re still kids,” Renée Snow, 62, said earlier on Monday as she sat with her friend on a bench outside the county courthouse. “It’s about education. It’s not about lifestyle.”

Her friend, Lyn Williams, 69, agreed. “It doesn’t seem like anyone is willing to stand up for anything anymore,” she said.

At a local shoe store, no one needed to be reminded of the details of the controversy. One shopper, shaking a pair of insoles, said that she believed that God made people either male or female, and that the issue was a simple as that.

Inside the courthouse, Bruce Dawsey, the top executive for Grayson County, described a rural community coming to terms with its evolution into a place where urban development is altering the landscape. Not far away, more than a half-dozen cranes could be seen towering over a new high-tech facility for Texas Instruments. The high school, with more than 2,200 students, opened on a sprawling new campus in 2021, its grass still uniform, its newly planted trees still struggling to provide shade. With all the growth, the school is already too small.

“The majority is Republican, and it’s conservative Republican,” Mr. Dawsey said. “But not so ultraconservative that it’s not welcoming.”

Still, some in and around Sherman have chafed at the changes. When Beto O’Rourke, a Democratic candidate for governor, campaigned through the county last year, he was met with aggressive protesters who confronted him over gun rights, some carrying assault-style rifles. A few wore T-shirts suggesting opposition to liberal urban governance: “Don’t Dallas My Grayson County.”

But the controversy over “Oklahoma!” came as a surprise. The musical had been selected and approved last school year, casting was completed in August and more than 60 students in the cast and crew — as well as dozens of dancers — had been preparing for months. Performances were scheduled for early December.

Max, 17, had been cast in a minor role. But then, in late October, one of the leads was cut from the production, and Max got the part, the biggest he had ever had. He was elated.

Days later, his father, Phillip Hightower, got a call from the high school principal, who told him that Max could not have the part because, under a new policy, no students could play roles that differed from their sex at birth. “He was not rude or disrespectful, but he was very curt and to the point,” Mr. Hightower recalled.

The district later denied having such a policy. But the principal also left messages for other parents whose children were losing their roles, one of which was shared with The New York Times.

“This is Scott Johnston, principal at Sherman High School,” a man’s voice said on the recording. “Moving forward, the Sherman theater department will cast students born as females in female roles and students born as males in male roles.”

The message diverged from the rules for high school theater competitions in Texas, which allow for students to be cast in roles regardless of gender.

The district did not make Mr. Johnston or the superintendent, Mr. Bennett, available for an interview.

In his previous role as an assistant superintendent, Mr. Bennett had objected to the content of a theater production by Sherman High School, according to the former choir director, Anna Clarkson. She recalled Mr. Bennett asking her to change a lesbian character into a straight character in the school’s production of “Legally Blonde” in 2015, and to cut a song entitled “Gay or European?”

At the school board meeting on Monday, theater students from the high school described how things had become worse for gay and transgender students at school since the production was halted. Slurs. Taunts. Arguments in the halls.

“People are following me around calling me girl-boy,” said Max.

Kayla Brooks and her wife, Liz Banks, arrived at the meeting bracing for a tough night. Their daughter Ellis had lost a part playing a male character, and they had been actively working with other parents to oppose the changes.

“We were both nervous, because we live in Sherman,” said Ms. Banks. Then they saw the large, supportive crowd outside. “We began weeping in the car,” Ms. Brooks said.

The school board sat mostly stone-faced as dozens of people testified in support of the theater students, sharing personal histories. A transgender student at Austin College said he had not before come out publicly. Sherman residents lamented the way the school district’s position had made the town look.

“I just want this town to be what it can be and not be a laughingstock for the entire nation,” one woman, Rebecca Gebhard, told the board.

After nearly three hours, the board went behind closed doors. The crowds left. Few expected a significant decision was imminent.

Then, after 10 p.m., the board took their seats again and introduced a motion for a vote: Since there was no official policy on gender for casting, the original version of the musical should be reinstated. All seven board members voted in favor, including one who had, months before, protested against a gay pride event.

“We want to apologize to our students, parents, our community regarding the circumstances that they’ve had to go through,” the board president, Brad Morgan, said afterward.

Sitting in their living room on Tuesday morning, Ms. Banks and Ms. Brooks recalled how their daughter delivered them the news. “She just said, ‘We won,’” Ms. Brooks said. “She was beaming, smiling ear to ear.” The musical would be performed in January.

The couple decided, for the first time, to hang a pride flag in the window of their home. For now, they felt a little more confident in their neighbors than they had a day before.

Valerie Strauss reviews the local school board elections in several states, where the self-described “Moms for Liberty” were widely rejected. Despite their misleading name, most voters understood that they have an agenda to ban books, demonize teachers, and harass teachers and administrators with demands for censorship. Voters didn’t want more of the same.

Strauss writes:

In 2021, the right-wing “parents rights” Moms for Liberty claimed victory in 33 school board races in a single county in Pennsylvania — Bucks — saying that it had helped turn 8 of 13 school districts there with a majority of members who support their agenda.


Tuesday’s elections were a different story. In Bucks County, and many other districts across the country, voters rejected a majority of candidates aligned with the group’s agenda in what elections experts said could be a backlash to their priorities.
In Pennsylvania, Iowa, Virginia, Minnesota, New Jersey and other states, voters favored candidates who expressed interest in improving traditional public education systems over those who adopted the agenda of Moms for Liberty, which has been at the forefront of efforts to reject coronavirus pandemic health measures in schools, restrict certain books and curriculum and curb the rights of LGBTQ students, and other like-minded groups.

“‘Parental rights’ is an appealing term, but voters have caught on to the reality that it is fueling book bans, anti-LGBT efforts, pressure on teachers not to discuss race and gender, whitewashing history, and so on,” said political analyst Larry Sabato, a politics professor at the University of Virginia and founder and director of the Center for Politics. “Parents may want more input in the schools, but as a group they certainly aren’t as extreme as many in the Moms for Liberty.”


The school board results were part of a broader wave of support for moderate and liberal candidates in local and state elections who campaigned on support for traditional public education. An election analysis conducted by the American Federation of Teachers, the second-largest national teachers’ union, found that in 250 races across the country, candidates in different types of races backed by opponents of traditional public education lost about 80 percent of the time.

I read the many comments that followed Strauss’s article, and to my delight, every comment agreed that Moms for Liberty was phony and its program was to undermine freedom of students to learn and freedom of teachers to teach.

Here are a few:

Moms for Liberty is an antisemitic, racist, homophobic, transphobic, white nationalist, vaccine-ignorant, book-banning, child-endangering hate group. The sooner it lands on the ash heap of Trumpist history, the better.

Moms for Liberty really means Moms for facism and hate.

They overplayed their hand. ‘Tis the demise of so many movements. Plus, oh yeah, they are loud, obnoxious, overbearing, power-hungry, wrong-headed, and anti-American.

Sorry Youngkin..looks like your dragging on public school teachers and setting up Nazi Snitch hotlines to turn them in didn’t turn out to be your key to the WH.

Well, it seems book bans, anti-LGTBQ+ agendas, revisionist history and free speech restrictions on teachers are NOT the wave of the future.

Sod off, Klanned Karenhood. We’ve got your number.

Sounds like voters are catching on to the Minivan Taliban. Not before time.

If you want to raise your own offspring to be ignorant bigots, have at it, ladies. Can’t guarantee they will appreciate you ensuring they will never be able to compete in the real world. Meanwhile, leave the rest of us alone.