Archives for category: Freedom of Speech

Joyce Vance is a former federal prosecutor for North Alabama. She writes an important blog called Civil Discourse, where she usually explains court decisions and legal issues. Today she turns to education.

Today I’m recovering from the graduation tour, one in Boulder and one in Boston in the last two weeks, and getting back into the groove of writing as I continue to work on my book (which I hope you’ll preorder if you haven’t already). The graduations came at a good moment. 

Watching my kids graduate, one from college and one with a master’s in science, was an emotional experience—the culmination of their years of hard work, sacrifice, and growth, all captured in a single walk across the stage. They, like their friends, my law students, and amazing students across the county, now enter society as adults. Even beyond the individual stories of hardships overcome and perseverance, witnessing these rites of passage makes me feel profoundly hopeful. The intelligence and commitment of the students—many of whom are already tackling big problems and imagining new, bold solutions—gives me a level of confidence about what comes next for our country. In a time when it’s easy to get discouraged, their commitment and idealism stands as a powerful reminder that they are ready to take on the mess we have left them. 

The kids are alright, even though they shouldn’t have to be. Talking with them makes me think they will find a way, even if it’s unfair to ask it of them and despite the fact that their path will be more difficult than it should be. Courage is contagious, and they seem to have caught it. Their educations have prepared them for the future we all find ourselves in now.

As students across the country prepared to graduate this year, Trump released his so-called “skinny budget.” If that’s how they want to frame it, then education has been put on a starvation diet—at least the kind of education that develops independent thinkers who thrive in an environment where questions are asked and answered. Trump pitches the budget as “gut[ting] a weaponized deep state while providing historic increases for defense and border security.” Defense spending would increase by 13% under his proposal.

The plan for education is titled, “Streamline K-12 Education Funding and Promote Parental Choice.”Among its provisions, the announcement focuses on the following items:

  • “The Budget continues the process of shutting down the Department of Education.” 
  • “The Budget also invests $500 million, a $60 million increase, to expand the number of high-quality charter schools, that have a proven track record of improving students’ academic achievement and giving parents more choice in the education of their children.”

As we discussed in March, none of this is a surprise. Trump is implementing the Project 2025 plan. In December of 2024, I wrote about how essential it is to dumb down the electorate if you’re someone like Donald Trump and you want to succeed. A rich discussion in our forums followed. At the time I wrote, “Voters who lack the backbone of a solid education in civics can be manipulated. That takes us to Trump’s plans for the Department of Education.” But it’s really true for the entirety of democracy.

Explaining the expanded funding for charter schools, a newly written section of the Department of Education website reads more like political propaganda than education information: “The U.S. Department of Education announced today that it has reigned [Ed: Note the word “”reigned” is misspelled] in the federal government’s influence over state Charter School Program (CSP) grant awards. The Department removed a requirement set by the Biden Administration that the U.S. Secretary of Education review information on how states approve select entities’ (e.g., private colleges and universities) authorization of charter schools in states where they are already lawful authorizers. This action returns educational authority to the states, reduces burdensome red tape, and expands school choice options for students and families.”

There are already 37 lawsuits related to Trump’s changes to education. Uncertainty is no way to educate America’s children. Cutting funding for research because you want to score political points about DEI or climate change is no way to ensure we nurture future scientists and other thinkers and doers…

I am reminded again of George Orwell’s words: “The most effective way to destroy people is to deny and obliterate their own understanding of their history.” The historians among us, and those who delve into history, will play a key role in getting us through this. Our love and understanding of history can help us stay grounded, understanding who we are, who we don’t want to become, and why the rule of law matters so damn much to all of it….

Thanks for being here with me and for supporting Civil Discourse by reading and subscribing. Your paid subscriptions make it possible for me to devote the time and resources necessary to do this work, and I am deeply grateful for them.

We’re in this together,

Joyce

In case you wondered, I now call DOGE something else. I call it DOGS, although truthfully that’s not fair to dogs. Dogs are wonderful creatures; In my experience, dogs give you unconditional loyalty and love. These DOGS are loyal to one man, Elon Musk. They are shredding the federal government, destroying the careers and lives of tens of thousands of professional civil servants. They have gathered our personal data. They are embedded in high-level positions across the government. They should all be fired and sent back to Elon Musk.

But the bigger risk to our democracy is Russell Vought, Director of the Office of Management and Budget, one of the most powerful positions in the federal government. He is a self-proclaimed Christian nationalist. He is working in opposition to the Founding Fathers, who made clear their intention to keep religion out of government.

Democracy Docket reports on Vought:

Though Elon Musk is leaving the White House, DOGE isn’t going anywhere.

It appears that Russell Vought — Trump’s budget hawk and one of the chief architects of the Heritage Foundation’s Project 2025 — is stepping in to become DOGE’s new power broker.

With Vought, a self-described Christian nationalist, at the helm, the slash-and-burn effort against the federal government may be on the cusp of an even darker turn.

In many ways, Vought is what Musk is not. After working at public policy organizations for nearly two decades, he has a far better understanding of how the government works — and how its weaknesses can be exploited. Despite advising Trump for almost 10 years, he’s also kept a fairly low profile, rarely giving interviews or speaking in public. 

And Vought appears to be motivated first and foremost by creating a Christian nation controlled by an overtly Christian government. 

Last year, Vought told undercover journalists with the Centre for Climate Reporting that he wants “to make sure that we can say we are a Christian nation.”

“And my viewpoint is mostly that I would probably be Christian nation-ism,” Vought said. “That’s pretty close to Christian nationalism because I also believe in nationalism.”

To achieve that, Vought said in the interview he seeks to replace the non-partisan and merit-based federal civil service with a bureaucracy in which employment hinges on allegiance to Trump. He said he also seeks to impound congressionally approved funding, help coordinate mass deportations and find ways to let Trump use the military to put down protesters.

As former Trump adviser Steve Bannon recently told The Atlantic, “Russ has got a vision. He’s not an anarchist. He’s a true believer.”

Federal agencies, in particular the Office of Personnel Management (OPM), have already implemented numerous policies that Vought drafted to achieve those goals.

Earlier this year, OPM proposed new regulations that would formally revive Schedule F, a key tool developed by Vought to gut the federal government and replace career public servants with partisan ideologues.

In another move championed by Vought, the personnel office last week also announced a s0-called “Merit Hiring Plan” that would, if implemented, ask prospective hires for the thousands of DOGE-induced vacancies across the federal government to write short essays explaining their levels of patriotism and support for the president’s policies.

“How would you help advance the President’s Executive Orders and policy priorities in this role? Identify one or two relevant Executive Orders or policy initiatives that are significant to you, and explain how you would help implement them if hired,” reads one of the essay prompts.

Vought, too, has recently taken steps to impound funds. 

This week, the White House sent Congress proposed spending cuts — also called a rescission package — that’s been backed by Vought in order to formalize cuts made by DOGE. The $9.4 billion package targets funding for NPR, PBS, the U.S. Agency for International Development and other foreign aid spending.

The rescission process allows a president to avoid spending money on discretionary programs, and since rescission bills only require simple majority approval in the House and Senate, there’s a chance some of the proposed cuts will become law. If they do, they will be the first presidentially proposed rescissions accepted by Congress since 1999. 

If Congress doesn’t pass the package, the 1974 Impoundment Control Act, which restricts when and how the president can delay or withhold federal funds, requires Trump to release the funds — that’s assuming that the administration follows the law. 

The same day the White House sent Congress the package, Vought threatened that if lawmakers don’t pass the rescissions, the executive branch would find ways to override Congress’ constitutional authority to allocate funding.

“We are dusting off muscle memory that existed for 200 years before President Nixon in the 1970s and Congress acted to try to take away the president’s ability to spend less,” Vought said.

When asked by CNN whether he was attempting to tee up a legal fight to challenge the Impoundment Control Act as unconstitutional, Vought implied he was.

“We’re certainly not taking impoundment off of the table. We’re not in love with the law,” Vought said.

Rosa DeLauro (D-Connecticut) is one of the most effective members of Congress. She is pro-labor and pro-public schools.

Watch as she rips into Russ Vought, director of the powerful Office of Management and Budget and primary author of Project 2025.

Prescient

Thomas Edsall writes a regular feature for The New York Times. In this stunning article, he recounts the views of numerous scholars about what Trump has done since his Inauguration.

This is a gift article, meaning you can open the link and finish reading the article, which is usually behind a paywall.

Edsall writes:

One thing stands out amid all the chaos, corruption and disorder: the wanton destructiveness of the Trump presidency.

The targets of President Trump’s assaults include the law, higher education, medical research, ethical standards, America’s foreign alliances, free speech, the civil service, religion, the media and much more.

J. Michael Luttig, a former federal appeals court judge appointed by President George H.W. Bush, succinctly described his own view of the Trump presidency, writing by email that there had never

been a U.S. president who I consider even to have been destructive, let alone a president who has intentionally and deliberately set out to destroy literally every institution in America, up to and including American democracy and the rule of law. I even believe he is destroying the American presidency, though I would not say that is intentional and deliberate.

Some of the damage Trump has inflicted can be repaired by future administrations, but repairing relations with American allies, the restoration of lost government expertise and a return to productive research may take years, even with a new and determined president and Congress.

Let’s look at just one target of the administration’s vendetta, medical research. Trump’s attacks include cancellation of thousands of grants, cuts in the share of grants going to universities and hospitals and proposed cuts of 40 percent or more in the budgets of the National Institutes of Health, the Centers for Disease Control and Prevention and the National Science Foundation.

“This is going to completely kneecap biomedical research in this country,” Jennifer Zeitzer, the deputy executive director at the Federation of American Societies for Experimental Biology, told Science magazine. Georges Benjamin, the executive director of the American Public Health Association, warned that cuts will “totally destroy the nation’s public health infrastructure.”

I asked scholars of the presidency to evaluate the scope of Trump’s wreckage. “The gutting of expertise and experience going on right now under the blatantly false pretext of eliminating fraud and waste,” Sean Wilentz, a professor of history at Princeton, wrote by email, “is catastrophic and may never be completely repaired.”

I asked Wilentz whether Trump was unique in terms of his destructiveness or if there were presidential precedents. Wilentz replied:

There is no precedent, not even close, unless you consider Jefferson Davis an American president. Even to raise the question, with all due respect, is to minimize the crisis we’re in and the scope of Trump et al.’s. intentions.

Another question: Was Trump re-elected to promote an agenda of wreaking havoc, or is he pursuing an elitist right-wing program created by conservative ideologues who saw in Trump’s election the opportunity to pursue their goals?

Wilentz’s reply:

Trump’s closest allies intended chaos wrought by destruction which helps advance the elite reactionary programs. Chaos allows Trump to expand his governing by emergency powers, which could well include the imposition of martial law, if he so chose.

I asked Andrew Rudalevige, a political scientist at Bowdoin, how permanent the mayhem Trump has inflicted may prove to be. “Not to be flip,” Rudalevige replied by email, “but for children abroad denied food or lifesaving medicine because of arbitrary aid cuts, the answer is already distressingly permanent.”

From a broader perspective, Rudalevige wrote:

The damage caused to governmental expertise and simple competence could be long lasting. Firing probationary workers en masse may reduce the government employment head count, slightly, but it also purged those most likely to bring the freshest view and most up-to-date skills to government service, while souring them on that service. And norms of nonpoliticization in government service have taken a huge hit.

I sent the question I posed to Wilentz to other scholars of the presidency. It produced a wide variety of answers. Here is Rudalevige’s:

The comp that comes to mind is Andrew Johnson. It’s hardly guaranteed that Reconstruction after the Civil War would have succeeded even under Lincoln’s leadership. But Johnson took action after action designed to prevent racial reconciliation and economic opportunity, from vetoing key legislation to refusing to prevent mob violence against Blacks to pardoning former members of the Confederacy hierarchy. He affirmatively made government work worse and to prevent it from treating its citizens equally.

Another question: How much is Trump’s second-term agenda the invention of conservative elites, and how much is it a response to the demands of Trump’s MAGA supporters?

“Trump is not at all an unwitting victim,” Rudalevige wrote, “but those around him with wider and more systemic goals have more authority and are better organized in pursuit of those goals than they were in the first term.”

In this context, Rudalevige continued, the Heritage Foundation’s Project 2025

was not just a campaign manifesto but a bulwark against the inconsistency and individualism its authors thought had undermined the effectiveness of Trump’s first term. It was an insurance policy to secure the administrative state for conservative thought and yoke it to a cause beyond Trump or even Trumpism.

The alliance with Trump was a marriage of convenience — and the Trump legacy when it comes to staffing the White House and executive branch is a somewhat ironic one, as an unwitting vehicle for an agenda that goes far beyond the personalization of the presidency.

In the past, when presidential power has expanded, Rudalevige argued,

it has been in response to crisis: the Civil War, World War I, the Depression and World War II, 9/11. But no similar objective crisis faced us. So one had to be declared — via proclamations of “invasion” and the like — or even created. In the ensuing crisis more power may be delegated by Congress. But the analogue is something like an arsonist who rushes to put out the fire he started.

One widely shared view among those I queried is that Trump has severely damaged America’s relations with traditional allies everywhere.

Mara Rudman, a professor at the University of Virginia’s Miller Center, wrote in an email:

The most lasting impact of this term will be felt in the damage done to the reputation of the United States as a safe harbor where the rule of law is king and where the Constitution is as sacred a national document as any country has developed.

Through his utter disregard for the law, Trump has shown both how precious and how fragile are the rules that undergird our institutions, our economic and national security and the foundation for our democracy.

To finish this excellent article, please open the link.

The American Academy of Arts and Sciences is the most distinguished scholarly organization in the nation. It is dedicated to the advancement of the arts and sciences. It is decidedly nonpartisan. I was elected to membership many years ago. AAAS rarely issues a statement. Its board did so in April because of unprecedented attacks on higher education, scholarly independence, and the rule of law.

A statement from the Board of Directors of the American Academy of Arts & Sciences. 
Approved April 2025. 

Since its founding in 1780, the AmericanAcademy of Arts and Sciences has sought “to cultivate every art and science which may tend to advance the interest, honor, dignity, and happiness of a free, independent, and virtuouspeople.” We do this by celebrating excellence in every field of human endeavor and by supporting the unfettered pursuit of knowledge and its application to the common good.

The Academy fosters nonpartisan, deliberative discourse on pressing issues facing our communities in the United States and the world.Our founders were also the founders of our nation. From them, we inherit a deep commitment to the practice of democratic self-governance. Our constitutional democracy has been imperfect, but almost 250 years since its inception, it remains an inspiration to peoplenear and far. Ours is a great nation because ofour system of checks and balances, separation of powers, individual rights, and an independent judiciary — as the Academy’s founder JohnAdams put it, “a government of laws, not of men.” And we are a great nation because we haveinvested in the arts and sciences while protecting the freedom that enables them to flourish.

These values are under serious threat today.Every president of the United States has the prerogative to set new priorities and agendas; nopublic or private institution is above criticism or calls for reform; and no reasoned arguments, from the left or the right, should be silenced. But current developments, in their pace, scale, and hostility toward institutions dedicated to knowledge and the pursuit of truth, have little precedent in our modern history.

We oppose reckless funding cuts and restrictions that imperil the research enterprise of our universities, hospitals, and laboratories, which contribute enormously to our prosperity, health, and national security. We condemn efforts to censor our scholarly and cultural institutions, to curtail freedom of the press, and to purge inquiry or ideas that challenge prevailing policies. We vigorously support the independence of the judiciary and the legal profession, and opposeactions and threats intended to erode thatindependence and, in turn, the rule of law.

In this time of challenge, we cherish theseprinciples and stand resilient against efforts to undermine them. The Academy will continue to urge public support for the arts and sciences, and also work to safeguard the conditions of freedom necessary for novel discoveries, creative expression, and truth-seeking in all its forms. We join a rising chorus of organizations and individuals determined to invigorate the democratic ideals of our republic and its constitutional values, and prevent our nation from sliding toward autocracy. 

In the coming months and years, the Academy will rededicate itself to studying, building, and amplifying the practices of constitutional democracy in their local and national forms, with particular focus on its pillars of freedom of expression and the rule of law. We call on all citizens to help fortify a civic culture unwavering in its commitment to our founding principles.

The New York Times reported that a cartoon about Trump by Art Spiegelmaan was removed by the executive producer of the PBS show “American Masters.”

Trump has proposed defunding both PBS and NPR.

The Times wrote:

The executive producer of the Emmy Award-winning “American Masters” series insisted on removing a scene critical of President Trump from a documentary about the comic artist Art Spiegelman two weeks before it was set to air nationwide on public television stations.

The filmmakers say it is another example of public media organizations bowing to pressure as the Trump administration tries to defund the sector, while the programmers say their decision was a matter of taste.

Alicia Sams, a producer of “Art Spiegelman: Disaster Is My Muse,” said in an interview that approximately two weeks before the movie’s April 15 airdate, she received a call from Michael Kantor, the executive producer of “American Masters,” informing her that roughly 90 seconds featuring a cartoon critical of Trump would need to be excised from the film. The series is produced by the WNET Group, the parent company of several New York public television channels.

Stephen Segaller, the vice president of programming for WNET, confirmed in an interview that the station had informed the filmmakers that it needed to make the change. Segaller said WNET felt the scatological imagery in the comic, which Spiegelman drew shortly after the 2016 election — it portrays what appears to be fly-infested feces on Trump’s head — was a “breach of taste” that might prove unpalatable to some of the hundreds of stations that air the series. 

Note that the four panels are divided by a swastika.

Art Spiegelman drew a graphic novel called Maus, which received the Pulitzer Prize in 1992. The book is about his parents’ experiences during the Holocaust.

Maus has been banned by many libraries.

William Kristol was a leading figure in the conservative movement. His father Irving Kristol was renowned as the godfather of neoconservatism. Bill was the editor of the Weekly Standard for many years. But because he is a principled conservative, he loathes what Trump is doing to our nation. He writes at The Bulwark, my favorite Never-Trump blog.

What’s happening is not normal, he writes:

If the Trump administration’s sudden assault on thousands of foreign students legally studying at Harvard seems unprecedented, it’s because it is. If the abrupt abrogation of temporary protected status for hundreds of thousands of Venezuelans legally living and working in the United States seems unprecedented, it’s because it is. If the sudden arrests and deportations of law-abiding immigrants checking in as ordered at government offices seems unprecedented, it’s because it is. If the deportations of other immigrants without anything like due process and basically in defiance of court orders to prisons in third countries seems unprecedented, it’s because it is.

And if it all seems utterly stupid and terribly cruel and amazingly damaging to this country, it’s because it is.

But it turns out nativism is one hell of a drug. The Trump administration has ingested it in a big way, and it’s driving its dealers and users in the administration into a fanatical frenzy of destructive activity. And the Republican party and much of Conservatism Inc.—and too much of the country as a whole—is just watching it happen.

The United States has many problems. No one seriously thinks that Harvard’s certification to participate in the Student and Exchange Visitor Program is one of them. And the Department of Homeland Security’s announcement of the action against Harvard makes clear this isn’t just about Harvard: “Let this serve as a warning to all universities and academic institutions across the country.” Are our other institutions of higher education suffering from their ability to attract and enroll students from abroad, if they chose to do so? Are the rest of us?

No. And to the degree there are some discrete problems, nothing justifies this kind of action against Harvard. As Andrea Flores, a former DHS official, told the New York Times, “D.H.S. has never tried to reshape the student body of a university by revoking access to its vetting systems, and it is unique to target one institution over hundreds that it certifies every year.”

Similarly, what’s the justification for the Trump administration’s unprecedented sudden and early abrogation of temporary protected status for 350,000 Venezuelans who fled tyranny and are now living peacefully and working productively in this country? There is no broad unhappiness at their presence, no serious case that they are causing more harm than doing good. Nor for that matter is there a real argument that the presence of 20,000 Haitians living and working in Springfield, Ohio, is a problem that required first lies to denigrate them and now attempts to deport them.

And this week, the nominee to head U.S. Citizenship and Immigration Services said the Trump administration intends to end the well-established Optional Practical Training Program, which is the single largest channel for highly skilled immigrants to stay and work in the United States after finishing their education here. A study by a leading immigration scholar, Michael Clemens of George Mason University, finds that slashing that program would cause permanent losses to U.S. innovation, productivity, economic growth, and even job opportunities for native workers.

But here we are, with an administration where fantasy trumps reality, ideology trumps evidence, and demagoguery trumps decency. As the economist Dani Rodrik puts it, “Three things made the US a rich and powerful nation: the rule of law, its science & innovation system, and openness to foreign talent. Remarkable how Trump has taken a sledgehammer to all three. No enemy of this country could do more.”

Foreigners studying and working here are not damaging the United States. A virulently nativist administration is what’s damaging the United States. It’s doing so in ways from which it will be difficult to recover. Just as important, it’s doing so in ways that will be a permanent stain on this nation’s history.

The Trump administration upped the stakes in its vindictive campaign against Harvard University. It has canceled Harvard’s enrollment of international students.

Harvard refused to cave to the Trump administration’s demands to monitor its curriculum and its admissions and hiring policies. In response, the administration has suspended billions of federal dollars for medical and scientific research.

The New York Times reported:

The Trump administration on Thursday halted Harvard University’s ability to enroll international students, taking aim at a crucial funding source for the nation’s oldest and wealthiest college in a major escalation in the administration’s efforts to pressure the elite school to fall in line with the president’s agenda.

The administration notified Harvard about the decision after a back-and-forth in recent days over the legality of a sprawling records request as part of the Department of Homeland Security’s investigation, according to three people with knowledge of the negotiations. The people spoke on the condition of anonymity because they were not authorized to discuss the matter publicly.

The latest move is likely to prompt a second legal challenge from Harvard, according to one person familiar with the school’s thinking who insisted on anonymity to discuss private deliberations. The university sued the administration last month over the government’s attempt to impose changes to its curriculum, admissions policies and hiring practices.

“I am writing to inform you that effective immediately, Harvard University’s Student and Exchange Visitor Program certification is revoked,” according to a letter sent to the university by Kristi Noem, the homeland security secretary. A copy of the letter was obtained by The New York Times.

About 6,800 international students attended Harvard this year, or roughly 27 percent of the student body, according to university enrollment data. That is up from 19.7 percent in 2010.

The move is likely to have a significant effect on the university’s bottom line…

In a news release confirming the administration’s action, the Department of Homeland Security sent a stark message to Harvard’s international students: “This means Harvard can no longer enroll foreign students, and existing foreign students must transfer or lose their legal status.”

This message came from a Cabinet member who was asked in a hearing to define “habeas corpus,” and she said it meant that the President can deport anyone he wants to.

This action is a demonstration of Presidential tyranny. It should be swiftly reversed by the courts.

The superstar Bruce Springsteen was giving a concert in Manchester, England, and he stopped to talk about what was happening in the country he loves.

Watch it here.

He was about to sing “My City in Ruins.”

Watching is better but if you prefer to read:

There’s some very weird, strange and dangerous shit going on out there right now. In America, they are persecuting people for using their right to free speech and voicing their dissent. This is happening now.

In America, the richest men are taking satisfaction in abandoning the world’s poorest children to sickness and death. This is happening now.

In my country, they’re taking sadistic pleasure in the pain they inflict on loyal American workers.

They’re rolling back historic civil rights legislation that has led to a more just and plural society.

They are abandoning our great allies and siding with dictators against those struggling for their freedom. They are defunding American universities that won’t bow down to their ideological demands.

They are removing residents off American streets and, without due process of law, are deporting them to foreign detention centers and prisons. This is all happening now.

A majority of our elected representatives have failed to protect the American people from the abuses of an unfit president and a rogue government. They have no concern or idea for what it means to be deeply American.

The America l’ve sung to you about for 50 years is real and regardless of its faults is a great country with a great people. So we’ll survive this moment. Now, I have hope, because I believe in the truth of what the great American writer James Baldwin said. He said, “In this world, there isn’t as much humanity as one would like, but there’s enough.” Let’s pray.

President Trump was very angry when he heard that the very popular Bruce Springsteen spoke out in dissent about the darkness across our land.

Trump posted this:

Was that last sentence a warning? What a petty, thin-skinned, vengeful man he is.