Archives for category: Freedom of Speech

Jennifer Rubin was one of the best columnists at The Washington Post. She left soon after Jeff Bezos began meddling into the views of the editorial pages. Rubin was hired by the Post originally to be the newspaper’s conservative voice. But after Trump was elected in 2016, her political views changed. Trump turned her into a keen-eyed liberal.

Rubin launched a wildly successful Substack blog called The Contrarian, which offers essays and conversations by her and other journalists and scholars.

She wrote yesterday about Trump’s open campaign for the Nobel Peace Prize and how the Nobel Committee may have trolled Trump by the language of this year’s awards.

Trump currently is enjoying well-deserved plaudits for bringing about a ceasefire in Gaza and the release of all Israeli hostages.

Trouble lies ahead, however, because under the agreement, Hamas is supposed to disarm and withdraw from governing Gaza. However, Hamas shows no willingness to give up their authority or their weapons. They were videotaped murdering their Palestinian rivals in public. When asked about these public executions, Trump said that Hamas was merely punishing some “very bad gangs.”

Trump very likely brokered a peace deal with two strategies: 1) his personal economic ties to Arab potentates; 2) his threat to Hamas to let Netanyahu do whatever he wanted in Gaza unless they signed the deal.

Rubin wrote in The Contrarian about the implicit messages that the Nobel committee sent to Trump in their awards.

The Nobel Prize Committee announced its annual awards over the last week or so. Aside from the number of winners based at U.S. universities (which have been until now the crown jewel of our education and scientific communities), something else caught my attention: Are the Nobel Prize judges…trolling Donald Trump?

I have no doubt the awards—the culmination of a long and rigorous process—are apolitical and entirely well deserved. However, what the committee said about the prizes and how the winners’ work were described certainly highlight Trump’s ignorance and malevolence. If you are going to shine a light on brilliance and excellence, Trump is going to be left in the dark—and others will notice.

Nobel Committee chair Jørgen Watne Frydnes was explicitly asked about Trump’s clamoring for the Peace Prize. “In the long history of the Nobel Peace Prize, I think this committee has seen many types of campaign, media attention,” Frydnes said. In other words, they are used to getting nagged. He continued: “This committee sits in a room filled with the portraits of all laureates and that room is filled with both courage and integrity. So, we base only our decision on the work and the will of Alfred Nobel.” Hmm. Sounds like Trump fared poorly in comparison to all those men and women esteemed for courage and integrity.

The explanation of the award itself seemed even more pointed. “The Norwegian Nobel Committee has decided to award the Nobel Peace Prize for 2025 to Maria Corina Machado,” the committee explained. “She is receiving the Nobel Peace Prize for her tireless work promoting democratic rights for the people of Venezuela and for her struggle to achieve a just and peaceful transition from dictatorship to democracy.” [Emphasis added here and below.] Democracy surely was front and center (with a notable reminder that it exists in conflict with dictatorship). In fact, democracy was mentioned in more detail and with greater fervor than peace itself.

The statement about Machado read: “As the leader of the democracy movement in Venezuela….” She was credited with leading the opposition demanding “free elections and representative government.” The committee explained:

This is precisely what lies at the heart of democracy: our shared willingness to defend the principles of popular rule, even though we disagree. At a time when democracy is under threat, it is more important than ever to defend this common ground.

The regime she opposed is described in language you would (or will, on Saturday) hear at a No King’s Day rally: “a brutal, authoritarian state,” where the few at the top enrich themselves, where “violent machinery of the state is directed against the country’s own citizens,” battling an opposition “systematically suppressed by means of election rigging, legal prosecution and imprisonment.”

And in case anyone had missed the point:

Democracy is a precondition for lasting peace. However, we live in a world where democracy is in retreat, where more and more authoritarian regimes are challenging norms and resorting to violence. The Venezuelan regime’s rigid hold on power and its repression of the population are not unique in the world. We see the same trends globally: rule of law abused by those in control, free media silenced, critics imprisoned, and societies pushed towards authoritarian rule and militarization. In 2024, more elections were held than ever before, but fewer and fewer are free and fair.

Maybe this was not intended to poke Trump in the eye—and the statement is accurate without any consideration of him—but condemnation of his tactics and outlook are the inevitable result of an award that elevates democracy, the rule of law, fair elections, and a free media. Since Trump antagonizes all those things, the award winners’ opponents sound an awful lot like Trump.

Trump prosecutes his perceived enemies, sets the American military against Americans, blows ships out of the water and murders those on board without due process, bullies the media, and seeks to rig elections. In other words, he embodies all the things Maria Corina Machado and other deserving winners fight against. So long as he continues doing all those things (i.e. so long as he remains Trump), he will continue bearing a disturbing resemblance to the other authoritarians around the globe—and will therefor never receive the award he has so openly whined about deserving. (Buckle up, however. Speaker of the House and go-to sycophant Mike Johnson, instead of working to find a compromise and assist in re-opening our government, is reportedly devoting his time and efforts to getting Trump his prize in 2026. Good luck with that.)

Trump, his lackeys, and his cultish cheering section seem not to understand that “peace” is not simply the absence of war. Conquest also achieves the end of some wars. But that is not what we are after. Peace, rather, requires renunciation of violence in favor of democratic and humanistic values. Only then do you have a lasting peace during which human beings can flourish.

The Peace Prize was not the only award that sounded like an anti-Trump recitation. Consider one of the three Nobel Prize winners for economics: Phillipe Aghion, a French economist and ½ of the winning team with Peter Howitt of Brown University. The Guardian reported:

[He] warned that “dark clouds” were gathering amid increasing barriers to trade and openness fueled by Donald Trump’s trade wars. He also said innovation in green industries, and blocking the rise of giant tech monopolies would be vital to stronger growth in future.

“I’m not welcoming the protectionist wave in the US, and that’s not good for world growth and innovation,” he said.

To be clear, I don’t think he and the other winners received their awards because they sound like a rebuttal to Trump. Rather, Trump is so invariably, deeply, and consistently wrong on economics that anyone recognized for merit invariably will contradict his irrational, ignorant views.

In all likelihood, Nobel folks did not set out to troll Trump. But if you are going to celebrate peace—real peace, and the democracy it depends upon—alongside the keys to economic growth (free trade, scientific discovery, dynamic and free societies), then you are going to find yourself sounding like the retort to MAGA authoritarian, know-nothingism.

This year’s Nobel prize committee wound up illustrating the degree to which Trump is inimical to peace, progress, and prosperity. The committee should earn a prize for that.

Our reader Christine Langhoff discovered an excellent analysis of the “compact” that the Trump administration has offered to several universities. A “compact” usually refers to an equitable agreement between two parties. The Trump “compact” is a harsh threat: sign or die.

Christine writes:

Here’s UCLA Law professor Joseph Fishkin on the so-called compact the administration want universities to accept.

Any lawyer—really, any careful reader—who makes it through even the first paragraph of the document can see that this is incorrect. The “compact” is quite explicit: Universities that do not sign on to this thing thereby “elect[] to forego federal benefits.” What benefits? Well, that same first paragraph lists quite a few specific “benefits”: “(i) access to student loans, grant programs, and federal contracts; (ii) funding for research directly or indirectly; (iii) approval of student and other visas in connection with university matriculation and instruction; and (iv) preferential treatment under the tax code,” which means 501(c)(3) status. This compact is a “reward” in exactly the same sense that it is “rewarding” to purchase protection from the Mafia. The compact is an open, explicit threat.

It nonetheless does represent a tactical shift on the part of the Trump Administration. The Trump team’s goal has not changed. They want an unprecedented—and flagrantly unconstitutional—degree of government oversight and control over American universities. So far they are having some trouble obtaining it. Their initial strategy, to roll up the sector from the top, starting with Harvard, through bespoke negotiated dealmaking with individual schools, has turned out to be slower going—and I suspect, simply more labor-intensive—than I am guessing they expected. (I use the rollup metaphor to evoke how a monopolist takes over a sector by buying out one firm after another, gaining more leverage over holdouts as they go. So far it has not worked.) Meanwhile, federal district courts have dealt a series of significant blows to the government’s ability to, for example, arbitrarily withdraw federal scientific research grants. So the administration is pivoting to a new tactic, which seems to be to roll up the higher ed sector from what you might call the upper middle. Instead of starting at the very top with the high-stakes confrontation with Harvard and working their way down, the new tactical approach is to start with whichever prestigious schools seem likeliest—for various reasons—to be amenable to the government’s overtures. It is no accident that many of the schools May Mailman’s team first approached about this “compact” have interim presidents, who are inherently weak, sometimes because a prior president was successfully forced out through political agitation by the right.

https://balkin.blogspot.com/2025/10/the-art-of-replacing-law-with-deal.html

Curtis Yarvin is the guru for a number of major political figures on the right, including Vice President Vance and tech billionaire Peter Thiel. He is hostile to democracy and holds racist views. Yarvin’s anti-democratic views demonstrate how extremist key members of the Republican Party have become.

Yale is demonstrating its commitment to free speech.

The Yale Daily News reported:

A far-right political blogger who has espoused anti-democratic views is set to debate at Yale on Tuesday and Wednesday.

Curtis Yarvin — who has sparked controversy for advocating for a form of American monarchy and for his writings on race, slavery and apartheid — is set to participate in two debates this week, one hosted by the Yale Political Union and the other by the Yale Federalist Society. 

“A smart critic like Yarvin can force people to sharpen the case for their views, especially when those views have gotten sloppy over time,” Garett Jones, a professor at George Mason University who will debate Yarvin Wednesday on “for-profit governance” at the Federalist Society’s event, wrote to the News. “And the case for democracy has certainly gotten sloppy over time. Democracy’s defenders, which I count myself among, need to do a better job.” 

At the YPU debate Tuesday evening, Yarvin will argue for the resolution “end the democratic experiment” against Jed Rubenfeld, a professor at Yale Law School. 

Jones wrote that he believes the debate will be a helpful way to draw out distinctions between his position, which he describes as “10% less democracy” in reference to the title of his published book, and Yarvin’s, which he calls “100% less democracy.”

Neither Rubenfeld nor YPU President Brennan Columbia-Walsh ’26 responded to the News’ request for comment. 

Both debate topics land on familiar turf for Yarvin, who has consistently expressed anti-democratic beliefs. Yarvin, who is also known by his pen name Mencius Moldbug, has written about his distrust of the federal bureaucracy and his desire to institute a program called RAGE — retire all government employees

Ilani Nurick LAW ’27 and Elizabeth Bailey LAW ’27, co-presidents of the Yale Law Democrats, criticized the Yale Federalist Society for sponsoring the event. Yarvin could not be reached for comment.

“We all believe strongly in free speech, but what is the Federalist Society hoping to learn from someone who thinks white people are genetically predisposed to be smarter than other races?” Nurick and Bailey wrote in a joint statement to the News. “Yale Law students are smart enough to know that for-profit governance is not the solution to the problems facing our country without hearing from Curtis Yarvin on the subject.”

Yarvin asserts that American democracy is a failed experiment and that America should instead run like a company with a chief executive officer, which The New York Times characterized as “his friendlier term for a dictator.” 

In Yarvin’s view, the U.S. government should be run by a CEO-esque figure. In his 2008 articletitled “An Open Letter to Open-Minded Progressives,” Yarvin proposed the “liquidation of democracy, the Constitution and the rule of law, and the transfer of absolute power” to that CEO-esque figure. 

Yarvin’s 2008 article furthered that this process would end the press, dismantle universities and transform the nation’s capital into a “heavily armed” version of a “corporation.” 

Additionally, Yarvin has sought to downplay the outcome of the American Civil War. The Times noted that he has previously written, “It is very difficult to argue that the War of Succession made anyone’s life more pleasant, including that of freed slaves.”

Nikole Hannah-Jones has had her share of controversy. Born in Iowa to a mixed-race couple, she attended desegregated public schools, graduated from Notre Dame and received a masters in journalism from the University of North Carolina. In her career as an investigative journalist, she covered education, civil rights, and healthcare. She worked at newspapers in North Carolina and Oregon, then for ProPublica. In 2015, she joined the staff of The New York Times.

In 2019, The Times published The 1619 Project, a group of essays that Hannah-Jones assembled, to commemorate the arrival of the first Blacks to the land that would later become the USA. In the lead essay, which Hannah-Jones wrote, she maintained that the arrival of that ship bringing enslaved Blacks marked the true origin of the nation. She recast the history of the U.S. from a Black perspective. Some historians criticized aspects of her thesis, others defended it.

The 1619 Project was widely celebrated and widely condemned, even banned. Trump responded by creating a 1776 Commission, whose purpose was to celebrate US history patriotically (that is, to leave out the shameful parts).

Hannah-Jones won the Pulitzer Prize for The 1619 Project in 2020.

In 2021, the UNC-Chapel Hill’s Hussman School of Journalism and Media announced that Hannah-Jones would join the Hussman faculty as Knight Chair in Race and Investigative Journalism. The faculty and administration urged the UNC Board to give her tenure, as was customary with previous holders of the chair. However, the Board of the university refused to take action on this tenure recommendation. After a public uproar, the board of trustees offered her tenure, but Hannah-Jones rejected the offer, choosing instead to accept the offer of a chair at Howard University.

She wrote in the New York Times about the mainstreaming of Charlie Kirk’s bigoted views after his tragic assassination. This is an except from her excellent commentary.

Last year, The Washington Examiner, a conservative news outlet, published a column calling the organization Kirk co-founded, Turning Point USA, “one of the most destructive forces in Republican politics.” It said that “a healthy conservative movement cannot tolerate conspiracy theorists being presented as serious political figures” and called the organization’s leadership “toxic.” But the period since Kirk’s death has revealed a deeply unsettling cultural shift. Eight months into President Trump’s second term, it is clear that Kirk’s ideas are no longer considered on the extremist periphery but are embraced by Republican leadership.

The mainstreaming of Charlie Kirk demonstrates that espousing open and explicit bigotry no longer relegates one to the fringe of political discourse.

When Representative Jasmine Crockett, Democrat of Texas, bemoaned that only two of the 58 Democrats who refused to sign the resolution honoring Kirk were white, Laura Loomer responded on X by railing against “ghetto Black bitches who hate America serving in Congress.” Loomer is not merely some right-wing provocateur. She has the ear of the president of the United States and understood that such an explicitly racist comment in 2025 America would bring no political consequence.

And while Trump has surrounded himself with people who have said racist things and maintained ties to white and Christian nationalists, the number of Democrats and esteemed American institutions that have engaged in the mainstreaming of Charlie Kirk demonstrates that espousing open and explicit bigotry no longer relegates one to the fringe of political discourse, a phenomenon we have not witnessed since the civil rights era.

In some parts of polite society, it now holds that if many of Kirk’s views were repugnant, his willingness to calmly argue about them and his insistence that people hash out their disagreements through discourse at a time of such division made him a free-speech advocate, and an exemplar of how we should engage politically across difference. But for those who were directly targeted by Kirk’s rhetoric, this thinking seems to place the civility of Kirk’s style of argument over the incivility of what he argued. Through gossamer tributes, Kirk’s cruel condemnation of transgender people and his racist throwback views about Black Americans were no longer anathema but instead are being treated as just another political view to be respectfully debated — like a position on tax rates or health care policy.

Using Kirk’s knack for vigorous argument to excuse the re-emergence of unabashed bigotry in mainstream politics feels both frightening and perilous. 

As the Trump administration wages the broadest attack on civil rights in a century, and the shared societal values of multiculturalism and tolerance recede, using Kirk’s knack for vigorous argument to excuse the re-emergence of unabashed bigotry in mainstream politics feels both frightening and perilous. Kirk certainly produced viral moments by showing up on college campuses and inviting students a decade his junior to “prove” him wrong about a range of controversial topics such as Black crime rates and the pitfalls of feminism. But his rise to fame was predicated on the organization for which he served as executive director, Turning Point USA, and its Professor Watchlist. The website invited college students not to engage in robust discussions with others with different ideologies, but to report professors who “advance leftist propaganda in the classroom.”

The site includes photos of professors, along with often highly misleading summaries of the thought crimes that landed them on the list. It provides the telephone numbers of the universities that employ them for students and parents to register their complaints. While the site claims the organization supports free speech, many professors have recounted enduring campaigns of harassment after being put on the list. (I was placed on it in 2021 because of my work on the 1619 Project, after it was announced that I would be a professor at Howard University.)

A couple of years ago, Angel Jones, now a professor at a university in Maryland whose work focuses on educational inequality, joined the hundreds of professors across the country who found themselves on the list.

Jones landed on it under the tag “racial ideology” when she published an article citing research about how distressing it is for Black people to go to work after witnessing news coverage of police killings. She told me someone had sent her a picture of a house thought to be hers, but it turned out to belong to another Angel Jones. Someone else had threatened to hang her from a tree and burn her alive. The scholar changed her classroom and removed her name plate from her office door. The university where she was working at the time installed a safety alarm button under her desk.

“I would cry. I was very fearful. I was anxious,” Jones told me. “I was afraid to go to class sometimes. I was just scared all of the time.

“I love teaching — it makes my heart go pitter patter — so to be in a space where I am afraid of my students, like that rocks me in a way I can’t even articulate,” she added.

When Jones learned of Kirk’s killing, she remembers that there was a sense of disbelief shared by many Americans who were shocked by the gruesome video. But soon, that disbelief was replaced by another feeling. In the immediate hours after his death, she watched as pundits and politicians eulogized Kirk as that rare example of someone who practiced a willingness to hear opposing ideas because he saw it as the salve for political violence. After all she’d gone through, and the stories she’d heard of other professors similarly harassed, the tributes pouring in for Kirk both infuriated and saddened her.

The next day, Jones went to the class she taught on misinformation and disinformation and showed her students a short Instagram video she had made in response. In the video, she says that while she does not celebrate Kirk’s death, she also refuses to mourn him. “I cannot have empathy for him losing his life when he put mine at risk and the lives of so many other educators just because we dared to advocate for social justice,” she says in the video, “because we dared to do our jobs.”

After she showed the video, a white male student in her class asked Jones if she thought her lack of empathy for Kirk might radicalize students. After a short, tense exchange, the student took his backpack and left. Jones said it had made her nervous. There’s a Turning Point USA chapter on her campus, and Kirk’s followers and even some politicians had been posting about revenge on social media. Jones switched her classes to virtual for the week.

The past few weeks have filled Ash Lazarus Orr with a similar sense of foreboding. Orr has been at the forefront of resisting efforts to target transgender Americans, including as a plaintiff in a federal lawsuit brought by the A.C.L.U. against a Trump administration policy that would prevent transgender people from having their chosen gender on their passports.

While Orr was never named by Kirk, they say Kirk’s rhetoric helped fuel an environment that makes transgender Americans vulnerable to violence and that has paved the way for the removal of their civil rights; in February, Iowa became the first state in the country to take away legal civil rights protections for transgender residents.

“I firmly believe that no one should be killed for their beliefs, no matter how harmful those beliefs might be,” Orr told me. “But we are watching our rights being stripped away. We are having our friends’ lives cut short, and then we are told to stay quiet while those responsible are celebrated.”

In just a few short years, Orr has watched as the momentum toward recognizing the full humanity and rights of transgender people has collapsed. Orr recently left their home state of West Virginia, finding it no longer safe after being threatened and assaulted.

Kirk’s rhetoric of “Christian white nationalism, anti-transgender, quote anti-woke culture-war framing, this isn’t on the edge anymore,” Orr told me. “It has moved into what many consider the center of Republican identity.” They said they were deeply concerned about how few people seemed willing to point out the consequences of this shift: “Who is actually fighting for us?”

Robin D.G. Kelley, a historian at U.C.L.A. whose scholarship on racial injustice also landed him on the Professor Watchlist, is struck by how rapidly our society has changed since Trump took office a second time.

Kelley pointed to the fact that Trump was widely condemned during his first term when he called the white supremacists who rallied in Charlottesville, Va., “very fine people.” Now, Democrats and political centrists were lining up to honor a man who promoted the same Great Replacement Theory that served as the rallying cry for that march. At a time when the president of the United States is using his power to go after diversity efforts and engaging in a mass deportation project, some progressives are arguing that people of color, immigrants and members of other marginalized groups who felt dehumanized by Kirk’s commentary, podcasts and debates have to find a way to locate common ground with his followers.

“There has been an extreme shift,” Kelley told me. “This treatment is authorizing the idea that white supremacy and racism is not just a conservative idea, but a legitimate one.”

A reader who uses the name Quickwrit parses the Constitutionnand finds that Trump is doing today exactly what King George did to the colonists.

Quickwrit writes:

WHAT TRUMP IS DOING TODAY is the very same thing that our Declaration of Independence lists as the violations of liberty that triggered our Declaration of Independence. Take a look:

The King used armed forces to control American cities and towns, without first asking permission from the legislatures; quoting the Declaration, it says: “He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.” Just like King Trump sending armed National Guard units into our cities today.

The King replaced local police with his armed forces. The Declaration says: “He has affected to render the Military independent of and superior to the Civil Power.

The King’s armed forces were protected from killing civilians: “For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States.” People die today in ICE custody, and nothing happens.

The King ignores civil courts: “He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.”

“He has made Judges dependent on his Will alone for the tenure of their offices.”

“He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people.”

“He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained.” Today, not only do governors of Red States do nothing without Trump’s approval, neither does Congress.

The Declaration also says that we also declare our independence from the King for his:

“cutting off our Trade with all parts of the world’ (just like Trump’s tariffs);

“depriving us in many cases of the benefit of Trial by Jury” and “transporting us beyond Seas to be tried for pretended offences” (just like Trump deporting people without trial to be imprisoned in foreign nations).

The Declaration says Americans are breaking away because the King has opposed immigration that is vital to America’s economic growth, by “obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither.” Already in 1740, laws had been passed to grant “natural born” citizenship status to immigrants who lived there for seven consecutive years.

The King has also been “redistricting” Americans out of their right to representation: “He has refused to pass Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.” Just like the redistricting going on today.

Americans today truly need to read the history of our Revolution and what went into and is actually in our Declaration of Independence and our Constitution. Read the ACTUAL WRITINGS of our Founding Fathers, not just listen to or read the “analyses” of political talking heads on today’s TV and social media.

That kind of reading takes time, and too few Americans today are willing to spend the time.

Disney announced that it was bringing back the Jimmy Kimmel show, starting tomorrow.

He was suspended for saying that the killer of Charlie Kirk was a MAGA adherent. He was wrong. No one knows the motive of Tyler Robinson, who had not been identified or arrested when Kimmel spoke.

If everyone who made a mistake was suspended from the screen, not many people would be left. The news could be announced by robots using AI. Comedians would disappear.

Disney released this statement:

“Last Wednesday, we made the decision to suspend production on the show to avoid further inflaming a tense situation at an emotional moment for our country,” the Walt Disney Company, ABC’s parent company, said in a statement.

“It is a decision we made because we felt some of the comments were ill-timed and thus insensitive,” the statement said. “We have spent the last days having thoughtful conversations with Jimmy, and after those conversations, we reached the decision to return the show on Tuesday.”

The outcry against Kimmel’s suspension was so loud that Disney backed down. His removal was seen as a test of the guarantee of free speech in the First Amendment to the Constitution.

Public protest mattered!!

Now what about the teachers, members of the military, and others who have been suspended or fired for not saying the “right” words about the murder of Charlie Kirk? The suppression of speech has been widespread and over-the-top, based on political passions and prejudice.

In a bipartisan vote, Congress passed a resolution to honor Charlie Kirk on October 14 as a National Day of Remembrance for him.

At a time when Republicans are canonizing Charlie Kirk, it’s useful to remember what he stood for, what he believed, what he advocated.

Here are some video clips of Charlie Kirk in his own words:

The Guardian.

Ta-Nehisi Coates, himself a controversial figure among some whites for his frank writings about racism, wrote an article in Vanity Fair about Charlie’s oft-expressed views.

Charlie was an unrepentant white supremacist. He was a male chauvinist who believed that a woman’s place was in the home, raising children and deferring to the authority of her husband. He was a proud and unrepentant bigot. He should not have been murdered. Political violence is poison to a democracy, which should rely on persuasion, not repression, censorship, or violence.

Coates reminds us that if Charlie’s views prevailed, we would abandon the rights of everyone who was not a straight white Christian male. That’s a majority of us.

Coates wrote:

Before he was killed last week, Charlie Kirk left a helpful compendium of words—ones that would greatly aid those who sought to understand his legacy and import. It is somewhat difficult to match these words with the manner in which Kirk is presently being memorialized in mainstream discourse. New York Times columnist Ezra Klein dubbed Kirk “one of the era’s most effective practitioners of persuasion” and a man who “was practicing politics in exactly the right way.” California governor Gavin Newsom hailed Kirk’s “passion and commitment to debate,” advising us to continue Kirk’s work by engaging “with each other, across ideology, through spirited discourse.” Atlantic writer Sally Jenkinssaluted Kirk, claiming he “argued with civility” and asserting that his death was “a significant loss for those who believe engagement can help bridge disagreements.”

The mentions of “debate” and “engagement” are references to Kirk’s campus tours, during which he visited various colleges to take on whoever come may. That this aspect of Kirk’s work would be so attractive to writers and politicians is understandable. There is, after all, a pervasive worry, among the political class, that college students, ensconced in their own bubbles, could use a bit of shock therapy from a man unconcerned with preferred pronouns, trigger warnings, and the humanity of Palestinians. But it also shows how the political class’s obsession with universities blinds it to everything else. And the everything-else of Kirk’s politics amounted to little more than a loathing of those whose mere existence provoked his ire.

It is not just, for instance, that Kirk held disagreeable views—that he was pro-life, that he believed in public executions, or that he rejected the separation of church and state. It’s that Kirk reveled in open bigotry. Indeed, claims of Kirk’s “civility” are tough to square with his penchant for demeaning members of the LGBTQ+ community as “freaks” and referring to trans peoplewith the slur “tranny.” Faced with the prospect of a Kamala Harris presidency, Kirk told his audience that the threat had to be averted because Harris wanted to “kidnap your child via the trans agenda.” Garden-variety transphobia is sadly unremarkable. But Kirk was a master of folding seemingly discordant bigotries into each other, as when he defined “the American way of life” as marriage, home ownership, and child-rearing free of “the lesbian, gay, transgender garbage in their school,” adding that he did not want kids to “have to hear the Muslim call to prayer five times a day.” The American way of life was “Christendom,” Kirk claimed, and Islam—“the sword the left is using to slit the throat of America”—was antithetical to that. Large “dedicated” Islamic areas were “a threat to America,” Kirk asserted, and New York mayoral candidate Zohran Mamdani was a “Mohammedan,” with Kirk supposing that anyone trying to see “Mohammedism take over the West” would love to have New York—a “prior Anglo center”—“under Mohammedan rule.”

Kirk habitually railed against “Black crime,” claiming that “prowling Blacks go around for fun to go target white people.” He repeated the rape accusations against Yusef Salaam, a member of the exonerated Central Park Five who is now a New York City councilman, calling him a “disgusting pig” who had gotten away with “gang rape.” Whatever distaste Kirk held for Blacks was multiplied when he turned to those from Haiti. Haiti was, by Kirk’s lights, a country “infested with demonic voodoo,” whose migrants were “raping your women and hunting you down at night.” These Haitians, as well as undocumented immigrants from other countries, were “having a field day,” per Kirk, and “coming for your daughter next.” The only hope was Donald Trump, who had to prevail, lest Haitians “become your masters.”

The point of this so-called mastery was as familiar as it was conspiratorial—“great replacement.” There was an “anti-white agenda,” Kirk howled. One that sought to “make the country more like the Third World.” The southern border was “the dumping ground of the planet,” he claimed, and a magnet for “the rapists, the thugs, the murderers, fighting-age males.” “They’re coming from across the world, from China, from Russia, from Middle Eastern countries,” he said, “and they’re coming in and they’re coming in and they’re coming in and they’re coming in…”

You can probably imagine where this line of thinking eventually went.

“Jewish donors,” Kirk claimed, were “the number one funding mechanism of radical open-border, neoliberal, quasi-Marxist policies, cultural institutions, and nonprofits.” Indeed, “the philosophical foundation of anti-whiteness has been largely financed by Jewish donors in the country.”

Kirk’s bigotry was not personal, but extended to the institution he founded, Turning Point USA. Crystal Clanton, the group’s former national field director, once texted a fellow Turning Point employee, “I HATE BLACK PEOPLE. Like fuck them all … I hate blacks. End of story.” One of the group’s advisers, Rip McIntosh, once published a newsletter featuring an essay from a pseudonymous writer that said Blacks had “become socially incompatible with other races” and that Black culture was an “un-fixable and crime-ridden mess.” In 2022, after three Black football players were killed at another collegeMeg Miller, president of Turning Point’s chapter at the University of Missouri, joked (“joked”) in a social media message, “If they would have killed 4 more n-ggers we would have had the whole week off.”

Kirk subscribed to some of the most disreputable and harmful beliefs that this country has ever known. But it is still chilling to think that those beliefs would be silenced by a gunshot. The tragedy is personal—Kirk was robbed of his life, and his children and family will forever live with the knowledge that a visual record of that robbery is just an internet search away. And the tragedy is national. Political violence ends conversation and invites war; its rejection is paramount to a functioning democracy and a free society. “Political violence is a virus,” Klein noted. This assertion is true. It is also at odds with Kirk’s own words. It’s not that Kirk merely, as Klein put it, “defended the Second Amendment”—it’s that Kirk endorsed hurting people to advance his preferred policy outcomes…

Mere weeks before his death, Kirk reveled in Trump’s deployment of federal troops to DC. “Shock and awe. Force,” he wrote. “We’re taking our country back from these cockroaches.” And in 2023, Kirk told his audience that then president Joe Biden was a “corrupt tyrant” who should be “put in prison and/or given the death penalty for his crimes against America.”

What are we to make of a man who called for the execution of the American president, and then was executed himself? What are we to make of an NFL that, on one hand, encourages us to “End Racism,” and, on the other, urges us to commemorate an unreconstructed white supremacist? And what of the writers, the thinkers, and the pundits who cannot separate the great crime of Kirk’s death from the malignancy of his public life? Can they truly be so ignorant to the words of a man they have so rushed to memorialize? I don’t know. But the most telling detail in Klein’s column was that, for all his praise, there was not a single word in the piece from Kirk himself.

Heather Cox Richardson gives us some hopeful signs and auguries in her latest column. She is so very good at synthesizing the events that matter. No wonder she has 2.6 million subscribers. Wow!

She writes:

Today U.S. District Judge Steven Merryday threw out the $15 billion lawsuit President Donald J. Trump filed on September 15 against the New York Times for defamation. The judge, who was appointed by President George H.W. Bush, called the complaint “decidedly improper and impermissible” and took Trump’s lawyers to task for using a legal complaint as a public forum for abusive language.

Noting that the two defamation counts followed eighty pages of praise for Trump and allegations against the “hopelessly compromised and tarnished ‘Gray Lady,'”—an old nickname for the New York Times—he set a forty-page limit on any amended complaint.

The administration’s pressure on ABC to fire comedian Jimmy Kimmel is very unpopular, as G. Elliott Morris of Strength in Numbers notes, with people polled by YouGov on September 18 seeing it as an attack on free speech.

That unpopularity showed today when podcaster and senator Ted Cruz (R-TX) celebrated Kimmel’s firing but called the threat of Federal Communications Commission Chairman Brendan Carr to retaliate against ABC “unbelievably dangerous.” Cruz called Carr’s threats “right out of a mafioso coming into a bar going, ‘nice bar you have here. It’d be a shame if something happened to it.’”

He explained: “I think it is unbelievably dangerous for government to put itself in the position of saying, ‘We’re going to decide what speech we like and what we don’t, and we’re going to threaten to take you off air if we don’t like what you’re saying.’”

Democratic political strategist Simon Rosenberg noted that three new polls out this week show Trump’s approval rating dropping and commented that voters don’t like “[t]his dictator sh*t.” AP-NORC observed that Republicans are growing pessimistic about the direction of the country. While the share of all American adults who say the country is off track has increased 13 percentage points since June, from 62% to 75%, the biggest change has been among Republicans. In June, 29% of Republicans were concerned about the direction of the country; now that number is 51%.

Most American adults think Trump has gone too far with his tariffs, his use of presidential power, and sending troops into U.S. cities.

Democratic lawmakers this week have reflected the growing opposition to Trump and his administration. Today in The Contrarian, Illinois governor J.B. Pritzker wrote that Trump’s attacks on Chicago aren’t really about stopping crime. Instead, Trump is creating chaos and destabilizing the country in order to erode our democratic institutions and cement his power.

Pritzker warned that Trump “has become increasingly brazen and deranged in his rhetoric and his actions” and that the things he “is doing and saying are un-American.” In contrast, Pritzker held up as a model “our collective Midwestern values of hard work, kindness, honesty and caring for our neighbors,” and urged people to “be loud—for America.”

Yesterday Senator Adam Schiff (D-CA) spoke at the Center for American Progress. He, too, outlined the administration’s attacks on the rule of law and blamed “billionaires padding their stock portfolios and buying up politicians,” “self-interested CEOs cynically dialing up the outrage and disinformation on their social media platforms,” and “politicians who saw more value in stoking grievance than solving problems” for creating the conditions that ushered Trump into the presidency.

Schiff called for restoring American democracy through legislation, litigation, and mobilization. He noted that Democrats have just introduced a package of reforms to put into law the norms Trump has violated. Democrats have also introduced a constitutional amendment to overturn the Supreme Court’s 2010 Citizens United vs. Federal Election Commission decision permitting unlimited corporate money to flow into elections. While this legislation almost certainly won’t pass in a Republican-dominated Congress, he noted, it would force a debate.

He also noted that Democrats are conducting oversight, demanding accountability for wrongdoing and attacks on the rule of law, and are creating a record. Their victories, he noted, have been “modest,” but they have, for example, managed to force the administration to rehire employees at the National Weather Service and succeeded in preserving U.S. Department of Agriculture field offices in California.

Litigation has been more successful, Schiff said. Since January, plaintiffs have brought more than 400 suits against the administration, and courts have halted the administration’s policies in more than 100 of them. Wrongly fired civil servants have been reinstated, funding has been restored to the Centers for Disease Control and Prevention, deportation flights have been grounded, Trump’s tariffs have been struck down.

“Ultimately, though,” Schiff said, “the most powerful check on Trump’s authoritarianism is not Congress. It is not the courts. It is the American people.”

And that was the rallying cry of Representative Jason Crow (D-CO) in Congress yesterday.

Crow, who entered Congress in 2019, is a former Army Ranger who completed three tours of duty in Iraq and Afghanistan. He was with the 82nd Airborne Division and the 75th Ranger Regiment.

In his speech, Crow warned that Trump is tearing down the walls of our democracy and called out “some of our most elite and powerful individuals and institutions” for “failing to defend our democracy.” He noted that “[s]ome of our nation’s most powerful law firms have bent the knee. Some of our finest universities are buckling. Some of the most powerful CEOs have capitulated. And some of the largest media companies are simply surrendering.”

“If those with power and influence want to sell off our rights and freedoms to enrich themselves, then Americans should make it clear that cowardice and greed will fail them,” he said.

“We will not shop at your stores. We will not tune into your TV and radio stations. We will not send our kids and our money to your universities, or use your services if you are going to enable our slide to authoritarianism.”

Crow contrasted those elite failures with “the courage we’ve seen from everyday citizens”:

Coach Youman Wilder, who stood up to ICE agents when they started interrogating kids on a baseball diamond in Harlem. A schoolteacher in Twisp, Washington, who joins protests against cuts to Medicaid and SNAP every Saturday because, she says, “Democracy only works if we work it.” Massive demonstrations across the nation in April. Parents in Washington, D.C., patrolling schoolyards to protect the rights of students and other parents as ICE agents are raiding and the National Guard is on the streets. Journalists around the country “reporting the truth, despite threats to them and their family.”

“There is courage everywhere we look,” Crow said. “We have not yet lost our power.

“He continued: “Now is the time…for us to stand with all those defending democracy.

“Defending free speech.

“Defending freedom of religion.

“Defending due process.

“Defending the rule of law.

“Defending the right of schoolchildren to learn without fear of being shot.

“Defending government of the people, by the people, and for the people.”

“As a young paratrooper, leading an infantry platoon in the invasion of Iraq,” he said, he was responsible for young men: “Black, White, Asian, Hispanic. From the North, from the South, East, and West. From farms and from cities. Rich and poor.

“When I think of America, I still think of those young paratroopers. How we came together, despite our differences, we served together, we fought together, we found great strength in one another.

“That is America.”

“There’s a tradition in the paratroopers,” he said, “that the leader of the unit jumps out of the plane first and then the others follow.”

He concluded: “I’m ready to jump.”

To read the footnotes, open the link. You may have to subscribe. Help her reach three million subscribers.

Please watch.

It’s brilliant.

And very funny!!

And don’t miss his opening comments, where he defines his “core values”: Free speech.

Oliver Darcy, media journalist, wrote in his blog Status about the events leading ABC to indefinitely cancel Jimmy Kimmel’s late night show. If you care about the state of our democracy, it’s a scary story. Who will be silenced next?

The concept of free speech, enshrined in the First Amendment to the Constitution, is in jeopardy. The Trump administration celebrates every triumph in their ongoing campaign to censor speech that they don’t like. They have made clear that they would like to stifle all criticism and dissent.

Trump issued an executive order on his first day in office, January 20, 2025, ordering the protection of free speech and an end to federal government censorship. The order was titled “Restoring Freedom Of Speech And Ending Federal Censorship.” Hahaha. The joke’s on us.

The point of guaranteeing freedom of speech is not to protect uncontroversial speech. Such speech needs no protection. It’s to protect speech that offends someone, speech that is unpopular, speech that is despised by the powerful.

Please join me and write to the chairman of Disney, which owns ABC: Robert.Iger@Disney.com

Darcy writes:

Inside ABC, emergency meetings were convened after the FCC chair’s Jimmy Kimmel threat, with the late-night host ready to respond on-air—but Disney brass ultimately decided to bench the marquee talent instead.

On Wednesday, Federal Communications Commission Chairman Brendan Carr dropped in via webcam for an appearance on far-right personality Benny Johnson’s program. That the FCC chairman would sit down with Johnson at all was remarkable in itself. Johnson has built his brand trafficking in MAGA memes, misinformation, and cultural outrage; not typically the type of programming a government official would want to lend their credibility to. In any case, it wasn’t the venue alone that raised eyebrows. It was what Carr said once the program started taping. 

Speaking to Johnson’s audience, Carr lashed out at ABC late-night host Jimmy Kimmel over a remark the comedian made during his Monday monologue. Kimmel had said, “We hit some new lows over the weekend with the MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them, and doing everything they can to score political points from it.” The day after Kimmel’s comment, authorities released the suspected killer’s messages, which showed he held disdain for the “hate” Kirk espoused. Notably, Kimmel never stated that the suspect was on the right, but that is how many interpreted the remarks. 

Indeed, Carr took significant issue with the comment, first dismissing Kimmel as “frankly talentless” on Johnson’s show. He then went further, delivering a naked threat aimed at Disney, ABC’s parent company: “This is a very, very serious issue right now for Disney,” he said. “We can do this the easy way or the hard way. These companies can find ways to take action on Kimmel or there is going to be additional work for the FCC ahead.” It was an extraordinary moment: a sitting FCC chairman openly pressuring a network to silence one of its marquee talents. 

Carr’s appearance set off an immediate cascade of events inside ABC. According to people familiar with the matter, the network held a series of emergency meetings to discuss how to respond. Kimmel wanted to address the situation on his program Wednesday night. In fact, I’m told that he had even written a script about how he could respond to the controversy—but ultimately Disney brass wasn’t comfortable with it. Amid the meetings, Nexstar, the largest owner of local television stations in the country, decided it would decline to air “Jimmy Kimmel Live!” for the “foreseeable future.” Ultimately, Disney boss Bob Iger and Disney Entertainment chief Dana Walden, among others, made the decision to pull the program from the network while it determined next steps.

ABC then issued a seven-word statement: “‘Jimmy Kimmel Live!’ will be preempted indefinitely,” a spokesperson said, declining to elaborate on the shock decision. For an acclaimed late-night show long considered a staple of the network’s entertainment offerings, the sudden removal was stunning, even though I’m told the hope is that Kimmel will eventually return.

Donald Trump was also quick to celebrate the announcement, writing on his social platform: “Great News for America: The ratings challenged Jimmy Kimmel Show is CANCELLED. Congratulations to ABC for finally having the courage to do what had to be done. Kimmel has ZERO talent, and worse ratings than even Colbert, if that’s possible.” The emboldened Trump also sent a clear message to Comcast and NBCUniversalbrass: “That leaves Jimmy and Seth, two total losers, on Fake News NBC. Their ratings are also horrible. Do it NBC!!!”

Carr, of course, was also delighted by the outcome. Reached by Status via text on Wednesday evening, he responded to a request for comment with a smiling emoji: “😀.” When pressed for words rather than symbols, Carr shot back that Status “has plenty of room for emojis.” He also singled out Nexstar on social media for praise, commending the company for “doing the right thing” by refusing to carry Kimmel’s program. The reaction would normally be considered inappropriate gloating from a regulator whose remarks had, in the span of hours, helped trigger the cancellation of one of network television’s best-known shows.

Nevertheless, the implications are seismic. Iger blinked, capitulating to political pressure from the Trump administration. The move sent shockwaves through the entertainment industry, where executives and talent agents privately expressed alarm about what it signaled for creatives moving forward. “Clients are texting me scared,” one prominent agent told me in the hours after the announcement, describing a climate of growing unease and concern over what could be next. “This one is really bad,” another media executive texted me, adding that it “feels like an inflection point.” Anna Gomez, the lone Democratic commissioner at the FCC, noted that the Trump administration “is increasingly using the weight of government power to suppress lawful expression.”

Of course, lurking beneath the surface are transactional calculations. Nexstar is working to merge with TEGNA, in a deal that requires FCC approval. Meanwhile, Disney’s decision comes as the company is working to complete a high-stakes deal with the NFL, one that is crucial to the future of ESPN. Securing those rights requires federal regulatory approval, and the company can hardly afford to pick a fight with Trump’s Washingtonwhile the deal hangs in the balance. By sidelining Kimmel, Iger may have protected Disney’s larger business interests. But the cost is a frightening message to the creative community and a major blow to free expression.

To a degree, what we’re also seeing is media executives reckoning with the reality that in 2025, with the country so polarized and in various information silos, there is no way to please everyone. Iger’s decision has sparked fierce backlash from the left and moderates, who are rightly outraged by Disney’s capitulation, even as Trump’s supporters cheer the move as a victory. Once upon a time, companies like Disney prided themselves on speaking to the whole country. That is no longer possible.

It goes without saying, but the Kimmel episode represents yet another example of a major media corporation bending the knee to Trump—and it comes at a time that the president appears more emboldened to target speech he dislikes. Earlier this week, Attorney General Pam Bondi bluntly threatened that the administration would “absolutely target” those engaging in what she described as “hate speech,” in the wake of Kirk’s killing. She quickly attempted to walk it back, but Trump himself then threatened ABC directly, singling out journalist Jonathan Karl as a possible target.

The irony, of course, can’t be missed. For years, Republicans cast themselves as the party of free speech, railing against what they derided as “cancel culture” from the left. Yet what we are witnessing now is a full-scale cancel campaign led from the right, with the force of federal government power behind it. The same voices that once claimed to defend open expression are now actively weaponizing regulatory threats to silence critics.

And Kimmel is hardly the only casualty. Paramount abruptly canceled Stephen Colbert’s program earlier this year, citing financial concerns, but the decision—coming against one of Trump’s sharpest critics—was obviously related to his politics. Now Disney has benched Kimmel. The result is a media landscape where critics of the president are vanishing from broadcast television one by one, not because audiences have turned away, but because executives fear government retribution. The message is chilling: in Trump’s America, even the most powerful media companies will silence their own talent if it keeps them in the administration’s good graces. It is a remarkable, and deeply alarming, moment for free speech.

The right-wing Sinclair Broadcast Group, the owner of dozens of ABC affiliates, issued a press release calling on Jimmy Kimmel to make a “direct apology” and donate to Charlie Kirk’s family and Turning Point USA. It also plans to air a “special in remembrance” of Kirk on Friday in the “Jimmy Kimmel Live!” time slot. [BusinessWire]

The Writers Guild of America issued this statement:

WGA Statement on ABC’s Decision to

Pull Jimmy Kimmel Live!

The right to speak our minds and to disagree with each other – to disturb, even – is at the very heart of what it means to be a free people. It is not to be denied. Not by violence, not by the abuse of governmental power, nor by acts of corporate cowardice.

As a Guild, we stand united in opposition to anyone who uses their power and influence to silence the voices of writers, or anyone who speaks in dissent. If free speech applied only to ideas we like, we needn’t have bothered to write it into the Constitution. What we have signed on to – painful as it may be at times – is the freeing agreement to disagree.

Shame on those in government who forget this founding truth. As for our employers, our words have made you rich.

Silencing us impoverishes the whole world.

The WGA stands with Jimmy Kimmel and his writers.