Archives for category: Freedom of Speech

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.

Have you heard of Horst Wessel? He was a 22-year-old member of the Nazi paramilitary who was assassinated in 1930 by two Comminists. After his death, his name became a propaganda prop for the Nazi party. Lyrics that Wessel had written were turned into the Nazi anthem and called “The Horst Wessel Song.”

I thought of Wessel when I saw how the Trump administration is turning Charlie Kirk into a symbol of leftwing, liberal perfidy that must and will be punished.

Charlie had extremist views about race, immigration, and gender, but he was no Nazi.

I discovered that I was not the only person who was struck by the parallel between Wessel and Kirk, not in what they did, but in how their legacy was used by powerful men. Benjamin Cohen and Hannah Feuer wrote in the Forward, an independent Jewish journal, about the comparison. They interviewed Daniel Siemens, a historian who wrote a book about Wessel. Siemens insisted that the two men should not be compared because Wessel engaged in violence and Kirk did not.

Cohen and Feuer conclude:

The rush to invoke Horst Wessel’s name reflects two realities. On the right, there’s a dangerous willingness among some extremists to valorize Nazi symbols. On the left, a fear that Kirk’s death will be used to erode civil liberties.

It is time to worry about the erosion of civil liberties.

Today, JD Vance became host of “The Charlie Kirk Show.” Among his guests was Stephen Miller, Trump’s Deputy Chief of Staff and Chief ideologue. Miller is known for his hatred of immigrants.

The New York Times just reported that they discussed their plans to crack down on liberal groups, whom they hold responsible for the murder of Charlie Kirk. They believe this even though no evidence has emerged tying the alleged assassin Tyler Robinson to any group, right or left. No one can say whether Tyler moved to the left or to the right of Kirk. The Utah governor said Tyler had a “leftist ideology,” but Kirk had lately been feuding with far-right white nationalist Nick Fuentes, who accused Charlie of being too moderate, a sell-out.

Without any evidence, Vance and his colleagues are forging ahead on the assumption that liberal groups indoctrinated and funded Tyler Robinson.

Katie Rogers and Zolan Kanno Youngs wrote in today’s Times:

Trump administration officials on Monday responded to the activist Charlie Kirk’s assassination by threatening to bring the weight of the federal government down on what they alleged was a left-wing network that funds and incites violence, seizing on the killing to make broad and unsubstantiated claims about their political opponents.

Investigators were still working to identify a motive in Mr. Kirk’s killing, but the Republican governor of Utah, Spencer Cox, has said that the suspect had a “leftist ideology” and that he acted alone.

The White House and President Trump’s allies suggested that he was part of a coordinated movement that was fomenting violence against conservatives — without presenting evidence that such a network existed. America has seen a wave of violence across the political spectrum, targeting Democrats and Republicans.

On Monday, two senior administration officials, who spoke anonymously to describe the internal planning, said that cabinet secretaries and federal department heads were working to identify organizations that funded or supported violence against conservatives. The goal, they said, was to categorize left-wing activity that led to violence as domestic terrorism, an escalation that critics said could lay the groundwork for crushing anti-conservative dissent more broadly.

Open the link to finish reading.

I wonder which groups will be targeted. The ACLU? Marc Elias’s “Democracy Docket”? Bloggers like those at The Contrarian, The Bulwark, Rick Wilson, Paul Krugman, Joyce Vance, Heather Cox Richardson, Mary Trump, Norman Eisen of Citizens for Responsibility and Ethics in Washington (CREW), and dozens of others. Will they try again to shut down Act Blue, which many Democrats use as their primary fundraising platform?

Hang on to your hat. Our political system is in for some difficult, challenging times.

People who did not express genuine grief at the murder of Charlie Kirk are in serious trouble. Some have been fired or suspended. Some have been harassed for their views. Before anyone attacks me for acknowledging this phenomenon, let me point out that I did deplore his murder while making clear that I share none of his views.

Reuters reported on the efforts to ferret out and punish those who did not react to Charlie’s assassination in the correct manner.

At least 15 people have been fired or suspended from their jobs after discussing the killing online, according to a Reuters tally based on interviews, public statements and local press reports. The total includes journalists, academic workers and teachers. On Friday, a junior Nasdaq employee was fired over her posts related to Kirk.

Others have been subjected to torrents of online abuse or seen their offices flooded with calls demanding they be fired, part of a surge in right-wing rage that has followed the killing.

Some Republicans want to go further still and have proposed deporting Kirk’s critics from the United States, suing them into penury or banning them from social media for life.

“Prepare to have your whole future professional aspirations ruined if you are sick enough to celebrate his death,” said conspiracy theorist Laura Loomer, a prominent ally of President Donald Trump and one of several far-right figures who are organizing digital campaigns on X, the social media site, to ferret out and publicly shame Kirk’s critics.

CNN reported that there is a coordinated campaign to punish those who speak ill of Charlie on social media.

Indeed there is. It’s called “Expose Charlie’s Murderers” on Twitter, and it invites everyone to report the names and screenshots of anyone who posted sentiments critical of Charlie or comments applauding his murder.

The website opens with this message:

Charlie Kirk was murdered.

Is an employee or a student of yours supporting political violence online?

Look them up on this website.

Send information on anyone celebrating Charlie’s death.

Follow us on X/Twitter: @forcharliekirk1

ATTENTION:
This website will soon be converted into a searchable database of over 30,000 submissions, filterable by general location and job industry. This is a permanent and continuously-updating archive of Radical activists calling for violence.

This is the largest firing operation in history.

Since his admirers on all ends of the political spectrum have expressed admiration for his commitment to discussion, debate, and dissent, it is ironic that not only his friends but government officials like Pete Hegseth are searching social media for people they can punish for saying “the wrong thing” (e.g. criticizing Charlie’s views or not mourning his death).

Charlie, a high school graduate, was contemptuous of higher education, which he believed was controlled by leftwing, anti-American ideologues. On Twitter, before his killer was identified, several of Charlie’s admirers speculated that the murderer had been indoctrinated by Marxists and Communist professors at college. Such comments led to snarky responses about the political leanings of the faculty teaching electrical technology (how to be an electrician) at Dixie Technical College in Utah.

Freedom of speech is a basic right, guaranteed in the First Amendment. Even abhorrent views are protected speech; it’s the abhorrent views that need protection, not those that offend no one.

Jamelle Bouie is one of the best, most interesting opinion writers for The New York Times. As a subscriber to that newspaper, I signed up for Bouie’s newsletter, which is where these thoughts of his appeared.

Jamelle Bouie writes:

Virtually every person of note in American politics has, rightfully, condemned the horrific killing of Charlie Kirk and expressed their deep concerns about the growing incidence of political violence in the United States. Wherever we stand politically, we all agree that he should still be alive.

There has been less agreement about Kirk’s life and work. Death tends to soften our tendency to judge. And sudden, violent death — especially one as gruesome and shocking as this one — can push us toward hagiography, especially in the immediate wake of the killing.

So it goes for Kirk.

“Charlie inspired millions,” President Trump said in an Oval Office speech on Wednesday. “He championed his ideas with courage, logic, humor and grace.”

“The best way to honor Charlie’s memory,” Gov. Gavin Newsom of California declared, “is to continue his work: engage with each other, across ideology, through spirited discourse.”

Kirk’s approach, wrote the editors of Politico’s Playbook, “was to persuade, to use charm and charisma and provocation and the power of argument to convince people of the righteousness of his cause.”

There is no doubt that Kirk was influential, no doubt that he had millions of devoted fans. But it is difficult to square this idealized portrait of Kirk as model citizen with the man as he was.

Kirk’s eulogists have praised him for his commitment to discourse, dialogue and good-faith discussion. Few if any of them have seen fit to mention the fact that Kirk’s first act on the national stage was to create a McCarthyite watchlist of college and university professors, lecturers and academics. Kirk urged visitors to the website to report those who “discriminate against conservative students and advance leftist propaganda in the classroom.”

The list, which still exists, is a catalog of speech acts in and outside the classroom. The surest way to find yourself on the watchlist as an academic is to disagree, publicly, with conservative ideology, or even acknowledge ideas and concepts that are verboten among the far right. And the obvious intent of the list is made clear at the end of each entry, where Kirk and his allies urge readers to contact the schools and institutions in question. Targets of the watchlist attest to harassment and threats of violence.

The Professor Watchlist is a straightforward intimidation campaign, and you can draw a line directly from Kirk’s work attacking academics to the Trump administration’s all-out war on American higher education, an assault on the right to speak freely and dissent.

To speak of Kirk as a champion of reasoned discussion is also to ignore his frequent calls for the state suppression of his political opponents.

“‘Investigate first, define the crimes later’ should be the order of the day,” Kirk declared in an editorial demanding the legal intimidation of anyone associated with the political left. “And for even the most minor of offenses, the rule should be: no charity, no goodwill, no mercy.”

Speaking last year in support of Trump’s plan for mass deportation, Kirk warned that the incoming president would not tolerate dissent or resistance. “Playtime is over. And if a Democrat gets in our way, well, then Matt Gaetz very well might go arrest you,” he said.

It is also important to mention that Kirk was a powerful voice in support of Trump’s effort to “stop the steal” after the 2020 presidential election. His organization, Turning Point USA, went as far as to bus participants to Washington for the rally that devolved into the Jan. 6 riot attack on the Capitol.

And then there is Kirk’s vision for America, which wasn’t one of peace and pluralism but white nationalism and the denigration of Americans deemed unworthy of and unfit for equal citizenship.

On his podcast, Kirk called on authorities to create a “citizen force” on the border to protect “white demographics” from “the invasion of the country.” He embraced the rhetoric of white pride and warned of “a great replacement” of rural white Americans.

“The great replacement strategy, which is well underway every single day in our southern border, is a strategy to replace white rural America with something different,” he said last year. “You believe in God, country, family, faith, and freedom, and they won’t stop until you and your children and your children’s children are eliminated.”

Kirk also targeted Black Americans for contempt. “Prowling Blacks go around for fun to go target white people — that’s a fact,” he said in 2023. Kirk was preoccupied with the idea of “Black crime,” and on the last episode of his show before he was killed, he devoted a segment to “the ever-increasing amount of Black crime,” telling his audience, falsely, that “one in 22 Black men will be a murderer in their lifetime” and that “by age of 23, half of all Black males have been arrested and not enough of them have been arrested.”

Kirk told his listeners that Justice Ketanji Brown Jackson of the Supreme Court “is what your country looks like on critical race theory,” that former Vice President Kamala Harris was “the jive speaking spokesperson of equity,” and that the Rev. Dr. Martin Luther King Jr. “was awful.”

“I have a very, very radical view on this, but I can defend it, and I’ve thought about it,” Kirk said at a 2023 event. “We made a huge mistake when we passed the Civil Rights Act in the 1960s.”

This is just a snippet of Kirk’s rhetoric and his advocacy. He also believed that there was no place for transgender people in American society — “We must ban trans-affirming care — the entire country,” he said in 2024 — and has denounced L.G.B.T. identities as a “social contagion.”

It is sometimes considered gauche, in the world of American political commentary, to give words the weight of their meaning. As this thinking goes, there might be real belief, somewhere, in the provocations of our pundits, but much of it is just performance, and it doesn’t seem fair to condemn someone for the skill of putting on a good show.

But Kirk was not just putting on a show. He was a dedicated proponent of a specific political program. He was a champion for an authoritarian politics that backed the repression of opponents and made light of violence against them. And you can see Kirk’s influence everywhere in the Trump administration, from its efforts to strip legal recognition from transgender Americans to its anti-diversity purge of the federal government.

We can mourn Kirk. We can send prayers to his friends and family. We can take stock of the gravity of this event. We can — and should — do all of this and more without pretending he was something, as a public figure, that he was not.

I am reposting this news because the earlier version did not have a link. I added additional information about the decision and the Judge.

This decision blocks all efforts to ban diversity, equity, and inclusion programs in the state of Mississippi. If ever there was a state that needs DEI to heal from the burden of a racist history, it’s Mississippi.

The Mississippi Free Press reported that Federal District Judge Henry Wingate blocked the implementation of the state’s ban on diversity, equity, and inclusion programs in public schools.

Mississippi’s ban on diversity, equity and inclusion programs in public schools remains blocked after a federal judge granted the plaintiffs’ request for a preliminary injunction in an Aug. 18 decision.

The U.S. District Court for the Southern District of Mississippi also denied the defendants’ requests to dismiss the case, calling the defendants’ points “moot.”

“This Court generally agrees with Plaintiffs’ view of the challenged portions of (House Bill 1193).

It is unconstitutionally vague, fails to treat speech in a viewpoint-neutral manner, and carries with it serious risks of terrible consequences with respect to the chilling of expression and academic freedom,” U.S. District Court Judge Henry Wingate wrote in the Court’s decision.

The law, which the Mississippi Legislature approved and Gov. Tate Reeves signed in April, prohibits Mississippi public schools and institutions of higher learning from teaching, creating or promoting diversity, equity and inclusion programs. The Republican-backed law also bans schools from requiring diversity statements or training during hiring, admission and employment processes in educational institutions.

Public institutions are also not allowed to teach or “endorse divisive concepts or concepts promoting transgender ideology, gender-neutral pronouns, deconstruction of heteronormativity, gender theory (or) sexual privilege,” the law says.

H.B. 1193 would prohibit public schools from requiring diversity statements or training in hiring, admission and employment processes at educational institutions.

Preliminary injunctions are dependent upon four qualities: “a substantial likelihood of success on the merits; the irreparable injury to the movants if the injunction is denied; whether the threatened injury outweighs any damage that the injunction might cause the defendant; and the public interest.”

Wingate Highlights Threat to Academic Freedom

Judge Wingate also granted the plaintiffs’ request to add class action claims to the lawsuit, meaning the injunction will apply to teachers, professors and students across the state. The plaintiffs’ lawyers sought the addition after a U.S. Supreme Court ruling in June limited the ability of federal judges to grant sweeping injunctions.

Judge Wingate was born in Jackson, Mississippi. He graduated from Grinnell College in Iowa and received his law degree from Yale Law School. He was appointed as a federal district judge by President Ronald Reagan.

Justice Henry Wingate

This is one of Rachel Maddow’s best clips. She says that we worried about what Trump might do if he won re-election. Wonder no more. It is happening. He is a full-fledged authoritarian, intent on smashing the Constitution and our rights. what can we do? She has some ideas.

John Merrow was the education correspondent for PBS for many years. Now, in retirement, he continues to write and help us think through the existential moments in which we live.

He writes:

More than five million demonstrators in about 2000 communities stepped forward to declare their opposition to Donald Trump, on June 14th. “No Kings Day” was also Trump’s 79th birthday, Flag Day, and the anniversary of the creation of the American army.

So now we know what many of us are against, but the central question remains unanswered: What do we stand FOR? What do we believe in?

Just as FDR called for Four Freedoms, the Democratic party needs to articulate its First Principles.  I suggest three: “The Public Good,” “Individual Rights,” and “Rebuilding America after Trump.” 

 THE PUBLIC GOOD: Democrats must take our nation’s motto, E pluribus unum, seriously, and they must vigorously support the common good.  That means supporting public libraries, public parks, public schools, public transportation, public health, public safety, public broadcasting, and public spaces–almost anything that has the word ‘public’ in it.

INDIVIDUAL RIGHTS: Because the fundamental rights that are guaranteed in our Constitution are often subject to interpretation, debate, and even violent disagreement, Democrats must be clear.  Free speech, freedom of worship, habeas corpus, and other fundamental rights are not up for debate, and nor is a woman’s right to control her own body.  

Health care is a right, and Democrats must make that a reality.  

Conflict is inevitable–think vaccination requirements–and Democrats should come down on the side of the public good.  

Because Americans have a right to safety, Democrats should endorse strong gun control measures that ban assault weapons that have only one purpose–mass killing. 

REBUILDING AMERICA AFTER TRUMP:  The Trump regime was and continues to be a disaster for a majority of Americans and for our standing across the world, but it’s not enough to condemn his greed and narcissism, even if he goes to prison.  Let’s first acknowledge that Trump tapped into serious resentment among millions of Americans, which further divided our already divided country.  

The challenge is to work to bring us together, to make ‘one out of many’ in the always elusive ‘more perfect union.’  The essential first step is to abandon the ‘identity politics’ that Democrats have practiced for too long.  Instead, Democrats must adopt policies that bring us together, beginning with mandatory National Service: 

National Service: Bring back the draft for young men and women to require two years of (paid) National Service, followed by two years of tuition or training credits at an accredited institution.  One may serve in the military, Americorps, the Peace Corps, or other helping organizations.  One may teach or work in distressed communities, or rebuild our national parks, or serve in other approved capacities.  JFK famously said “Ask not what your country can do for you. Ask what you can do for your country.”  Let’s ask BOTH questions.  

Additionally: 1) Urge states to beef up civic education in public schools, teaching real history, asking tough questions.  At the same time, federal education policies should encourage Community schools, because research proves that schools that welcome families are more successful across many measures.

2) Rebuild Our Aging Infrastructure: This is urgent, and it will also create jobs.

3) Adopt fiscal and monetary policies to address our burgeoning national debt. This should include higher taxes on the wealthy, emulating Dwight Eisenhower. 

4) Adopt sensible and realistic immigration policies that welcome newcomers who arrive legally but close our borders to illegal immigration.

5) Rebuilding America also means rebuilding our alliances around the world.  Democrats should support NATO and Ukraine, and rejoin efforts to combat climate change. 

Government Executive pays close attention to the federal workplace; its reporting is especially crucial these days, as Trump attempts to downsize, demoralize, and politicize career civil servants. It reported today that a federal judge in California blocked Trump’s plan to crush federal employee unions. It is not clear how this decision will be affected by the U.S. Supreme Court decision earlier today that federal judges would no longer be able to issue national injunctions. Will the judge’s decision apply only in the 9th Circuit, which includes California and other western states?

Erich Wagner wrote in Government Executive:

A federal judge in California issued a preliminary injunction late Tuesday once again blocking President Trump’s executive order to strip two-thirds of the federal workforce of their right to join and be represented by a union, finding “persuasive evidence” that the measure was implemented in retaliation for speech protected by the First Amendment.

In March, President Trump signed an executive order invoking a rarely used provision of the 1978 Civil Service Reform Act to strip most federal employees of their collective bargaining rights under the auspices of national security. Since then, although agencies have ostensibly refrained from formally repudiating union contracts as they await a green light from courts, they have broadly disregarded the terms of those agreements, withdrawing from ongoing negotiations and grievance proceedings and cancelling the automatic collection of union dues from workers’ paychecks.

In a 29-page decision, U.S. District Judge James Donato, an Obama appointee, found that a coalition of unions led by the American Federation of Government Employees raise a “serious question as to whether their First Amendment rights have been violated.”

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“In the words of a physical therapist who works at a VA medical center and is an executive vice president for the National Veterans Affairs Council of AFGE, ‘From my interactions with other VA employees, I believe many workers will feel pressure to conform to the administration’s political views and be reluctant to raise health and safety concerns or otherwise criticize agency management, for fear of further retaliation,’” Donato wrote. “[This] is persuasive evidence of the chilling effect of the government’s challenged conduct.”

Donato carefully crafted his ruling solely around the unions claims that they were retaliated against for opposing the Trump administration’s workforce policies. Last month, a federal appeals court issued a stay blocking a similar injunction in a legal challenge brought by the National Treasury Employees Union, finding the injuries in that case were still too “speculative” in nature, and impinging on the president’s legal deference on national security issues.

“The court has no intention in this order of second-guessing the president’s national security determinations or calling on the government to prove the determinations were properly made,” he wrote. “As noted, the executive branch is owed deference in such matters. But a claim of national security does not, of course, automatically negate the Constitution, particularly with respect to the First Amendment.”

Attorneys for the Trump administration contended that Donato lacked jurisdiction to hear the case and that the unions should instead pursue their claims before the Federal Labor Relations Authority. But Donato found the argument too circular in nature, describing it in a footnote as a “Heads, I win; tails, you lose” proposition.

“The government says plaintiffs’ claims should still go to the FLRA because plaintiffs allege that ‘Executive order 14,251 is invalid, meaning the agencies and subdivisions identified in the executive order remain subject to [federal labor law],’” Donato wrote. “[This] is an dd suggestion, particularly in light of the government’s insistence that EO 14251 has already excluded a large swath of agencies and subdivisions from Chapter 71 [of Title 5 of the U.S. Code]. The question of the court’s jurisdiction is not answered by the plaintiffs’ or defendants’ beliefs about the merits of the case. It is answered by the plain language of the [statute].”

In a statement Wednesday, AFGE National President Everett Kelley applauded the ruling.

“President Trump revoked our members’ union rights in retaliation for our advocacy on behalf of federal workers and the American people, and we are grateful that Judge Donato saw through his disingenuous ‘national security’ justification and has ordered the immediate restoration of their rights,” he said. “Federal employees have had the right to join a union and bargain collectively for decades, including during President Trump’s first term, and at no time have employees’ union rights caused concern for our nation’s national security.”