Archives for category: Freedom of Speech

Julian Vasquez Heilig is a scholar of equity. Until recently, he was provost at Western Michigan Hniversity. He stepped back to his role as a scholar, and he now speaks his mind freely and forcefully.

He wrote on his blog “Cloaking Inequity” about the choice facing the leaders of higher education: either stand up for academic freedom or hide in fear. His post is about “The White Flag of Cowardice.”

Trump signed an Executive Order threatening to cut off federal funding from schools that “indoctrinate” students on issues related to race and gender. The order is titled “Ending Radical Indoctrination in K-12 Schooling.”

Let’s start by acknowledging that this order is in direct violation of a law that was passed in 1970 to prevent the federal government from imposing any curriculum on the nation’s schools. This provision has been repeatedly renewed. Neither party wanted the other to impose its views on the schools, which is what Trump seeks to do.

The law says:

“No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, [or] administration…of any educational institution…or over the selection of library resources, textbooks, or other printed or published instructional materials.” P.L. 103-33, General Education Provisions Act, Section 432.

What Trump ordered is illegal.

Trump is expressing the views of far-right extremist groups, like “Moms for Liberty,” who hate public schools for teaching honest accurate history about racism. They want teachers to say that there was racism long, long ago, but not any more. They vehemently oppose any discussion of systemic racism (they call such discussion “critical race theory,” which of course must never be mentioned).

Any discussion of the reality of racism is forbidden by this order.

Even more threatening to the extremists is what they call “radical gender ideology.” That would be any discussion that acknowledges that LGBT+ people exist. They believe that just talking about the existence of such people–widespread on television, movies, and the Internet–makes children turn gay or even transgender.

Trump’s executive order threatens to withhold federal funding from any school where yea gets “indoctrinate” their students to consider the existence of systemic racism or sexuality.

It is Trump’s hope that with the actions he take, non- binary people–that is, LGTB+–will cease to exist.

Trump’s friend Elon Musk posted yesterday a graphic showing that in the distant past, there were two genders; in the recent past there were “73 genders.” Starting in 2025, his post said, there will be only two genders. Musk is the father of a transgender daughter, who was originally named Xavier. With his gleeful tweet, he seems to be trying to erase his daughter.

This is the story of the takeover of a city and a political party and a state by the farthest right fringe of the Idaho Republican Party. These extremists want to defund education. They want to control everything, not just education.

The article focuses on one community college that they targeted, North Idaho College, which may lose its accreditation, not because of academic or financial problems but because its board is in chaos.

The extremists target all public education. They think education is indoctrination. They think it’s dangerous, even vocational and technical education.

Here are a few illustrative paragraphs:

The charter violations that kicked off this accreditation scandal four years ago never had anything to do with academics. The two-year community college offers a solid education and features the top nursing program in the state. Their finances are stable too. No, NIC might go under because the Board of Trustees has existed in a state of toxicity, chaos, and dysfunction ever since the far right gained a board majority four years ago.

It is difficult to overstate how catastrophic disaccreditation would be for the people of North Idaho. With a price tag 65 percent lower on average than four-year state institutions, community colleges place higher education within reach of the least advantaged Americans; over a third of their students make less than $20,000 per year. At NIC, 57 percent of students
receive financial aid. Local businesses depend on the college for employee training on everything from office software to forklift operation. High school students can enroll in dual credit programs, which let students get a head start on their first year of college and allow homeschoolers to obtain official transcripts….

How could this happen? The problem goes far beyond a three-person majority on the trustee board of a small community college. NIC and many other institutions are in danger because, over the last decade and a half, a core group of extremists has slowly taken over the Idaho Republican Party in the same way that a parasitic wasp slowly takes over its host. This required no astroturfing or Koch-fueled cash infusions, just a regular, everyday indifference to hyperlocal politics. The tactic is underway elsewhere, but Idaho got a head start. This crisis is what happens when insurgency bears fruit….

The consequences of that agenda go far beyond NIC’s accreditation crisis. Idaho’s abortion laws are among the strictest in the country; citing difficulty recruiting doctors given the risk of criminalization, two hospitals have already closed their labor and delivery departments, leaving many rural Idahoans hours from maternal care. Armed militia members have shown up in the children’s section of libraries looking for pornography, and libraries are limiting service due to legislation that holds librarians criminally liable for books deemed inappropriate. Idaho’s primary and secondary schools are literally falling apart; it spends less per student than any other state and ranks 43rd in education quality.

This “parasitic wasp” is at work in other red states.

A group of professors in Florida filed a federal lawsuit against the 2023 state law banning teaching about diversity, equity, and inclusion, claiming that it restricts freedom of speech.

The law was enacted as part of Governor Ron DeSantis’s war on “woke,” meaning any teaching about or practice related to DEI.

The Orlando Sentinel reported:

TALLAHASSEE — A group of Florida university professors on Thursday filed a federal lawsuit challenging a 2023 state law and related regulations that prevent colleges from spending money on diversity, equity and inclusion initiatives, saying the restrictions are “punishing educators and students for expressing differing and disfavored viewpoints.”


The lawsuit, filed by the American Civil Liberties Union of Florida and Gibson, Dunn & Crutcher LLP on behalf of six professors, alleges that the restrictions violate educators’ and students’ speech rights and is chilling expression in public universities. It targets the 2023 law (SB 266) and rules passed last year by the state university system’s Board of Governors.


“Continuing its effort to police the marketplace of ideas, the Florida Legislature again passed vague, viewpoint-discriminatory legislation that broadly restricts academic freedom and imposes the state’s favored viewpoints on public higher education, punishing educators and students for expressing differing and disfavored viewpoints,” the lawsuit said.


The restrictions ban funding for programs or campus activities that advocate for diversity, equity, or inclusion or that engage in “political or social activism.”

One of the rules defines DEI as “any program, campus activity, or policy that classifies individuals on the basis of race, color, sex, national origin, gender identity, or sexual orientation and promotes differential or preferential treatment of individuals on the basis of such classification.” Colleges and universities risk losing funding if they violate the restrictions.
The lawsuit alleged that the regulations’ definitions are “ambiguous, inconsistent, and far too broad to provide any real guidance other than indicating the Legislature’s and the BOG’s (Board of Governors’) intent to disfavor certain speech.”


The restrictions “have left instructors and students fearful for the future of not only education, but also free thought and democracy in Florida,” the professors’ lawyers wrote.
The rules have “stripped hundreds of university courses” from being designated as “general education” courses, according to the lawsuit. Universities also have denied scholarship and research money to faculty and students who have received it in the past.

Sherrilyn Ifill is a law professor who holds an endowed chair at Howard University. She is a former president and director-counsel of the NAACP Legal Defense Fund.

In this post, she offers sage advice about how to recharge your batteries and re-engage in the struggle for a better society. She wrote this piece soon after the 2024 election. It’s good advice.

….But ours is a subtle strength
Potent with centuries of yearning,

Of being kegged and shut away
In dark forgotten places.
We shall endure
To steal your senses
In that lonely twilight
Of your winter’s grief.


-Pauli Murray, To the Oppressors (1939)            

The truth is that things are going to get very bad. America has gone over the cliff’s edge. How hard we land in the ravine below remains to be seen. But we are one week in, and things are already quite dire. Trump’s first round of cabinet nominees, and his insistence that his picks be installed without a vote of Congress is a defining moment. It demonstrates that there will be no bottom with this Administration.

Donald Trump and his coterie of supporters are firmly in control of the most powerful and wealthy country in the world. And because they are in charge of this country – which perhaps undeservedly,  has stood as an example throughout much of the world as a symbol of freedom, equality, ethics, the rule of law and democracy – other countries will fall in our wake.

I am saying this now because I have always tried to be honest in my writings and analysis about this country. I say all of this because I have been able over the years to encourage my clients, my colleagues, my staff, my family and community to believe that we can fight and win. I have infected other people with my unshakeable optimism about what we can accomplish to transform this country.

I am going to keep fighting. It’s what I do. But I do not want to lead you astray. Because I do think that many of us – especially those of us in communities likely to be targeted by this Administration – need to see this moment as one in which we are focused on surviving this difficult time. I have faced the fact that we will not be able to move much forward in the next few years. In fact, I expect things to become so dire over the next two years, that we will scarcely recognize the country we live in. I expect that fear and cruelty will become part of our daily diet. We will hear the frightening sound of silence, as those who speak out most boldly against the excesses of the incoming administration, against its policies, against Musk and against Russia, find themselves at cross-purposes with a vindictive and cruel administration with almost unimaginable power to control communications, law, and the sense of reality itself.

Perhaps it won’t be that bad. But we are here in some measure, because far too many failed to imagine that the worst could happen. I have written already about “the nadir,” and I believe we must face it.

And so, our goal now must be first and foremost to survive this dark period with as much of our values, dignity, integrity, work, financial stability and physical and mental health intact as possible. We must also work to protect our families and communities, and to hold in place our most trusted and needed institutions, a modicum of the rule of law, our constitutional commitment to equality and to free expression.
As I have said in earlier pieces, this is “planting time.” Planting is work. That work must be aimed at building ideas, theories, paradigms, institutions, skills, practices, and alliances that we can seed now for a future harvest – a fulsome and lush democracy that will reflect the very best of us.

We are not “watching the Trump show” this time. We’ve seen it already. We can dip in every now and then, but we must not become paralyzed watching the train wreck. We will, of course, push back against injustice, and defend our rights and citizenship when necessary in the courts. We will demand that congressional representatives, our Governors and our Mayors, act to protect our democratic rights. Even when we know they will not stand up for what is right, we must not be silent. We must not make it easy for them to be cowards or to take our rights. We must still call, write and email our representatives and show up at town halls and meetings. Remember that those who have fought for us over these past years are tired too. Let them see us in these spaces and hear from us.

But our primary work must be first and foremost to work in our communities – both physical and ideological. To build them up and to share time and ideas with those committed to democracy and justice. We each need a curriculum of local service.

We also need a personal curriculum that will allow us to contribute to the building of the future we dream of for ourselves and our families. That means that our core work must be to commit during this time to do less watching, and more learning and more growing. We need to become better citizens for the democracy we want. That means we must dedicate time to expanding our thinking and our knowledge, and to building up our democratic imagination. That means our work is to imagine, to ally, to experiment, restore, befriend, study, read, write, serve, and create. Every one of us. Even as chaos swirls around us.

I encourage you to show your children and grandchildren real things – nature, animals, how things are built, how to cook from scratch. Teach them cursive writing, so that they have a signature all their own. Take them to live concerts and theater. Go on field trips. Infuse their lives with memories of things that are true and concrete.

If you teach, use primary documents in your teaching, take your students to historic sites, listen to audio of oral arguments and speeches so that they will feel confident in their understanding of history, and know that history was made by human beings not machines.

If you litigate, do it with the expectation that you will win. And act like it. Show out. Be excellent and remain confident. Those who can still feel shame – whether those at your opponents table or those on the bench – will feel it when you hold the standard high. And your clients will never forget it.

If you organize, never stop. Plant those seeds deep in our communities.

If you hold office. Hold it. Do not give up your power. Use your voice. Master every rule. Make a record. I repeat. Make a record–so that the truth might be known.

To protect ourselves and our loved ones, there are also pragmatic things we must do. I’ve thought of a few:

  • Save some cash. And keep enough in the house for gas and food for a week.
  • Let yourself imagine what you would do if you lost your job in terms of finding new employment, paying rent/mortgage for several months, and start building what you need to be able to meet that moment if it comes.
  • Get needed vaccinations in case new HHS policies result in changes or delays in their development or availability. Stock up on COVID tests, and get the most recent COVID booster. Purchase Plan B if it’s available in your area.
  • Think about tightening security on your electronic devices. Be more thoughtful about social media, and even return to making phone calls and writing letters in some instances. I know it’s old school, but actually memorize the phone numbers of at least two loved ones.
  • Gird yourself spiritually, through your faith or other meditative practices, as we are all likely to hear or confront many disturbing and ugly interactions. Experience art, go on walks, dance, play Spades, Dominoes, Scrabble. We need resilience.
  • Walk away when you need to walk away. Challenge when you need to. Try to always have back up.
  • Take the bystander training offered by groups https://righttobe.org/ so that when you see outrages committed against members of your community or against strangers, you will have practice in how you might intervene or respond.
  • Get an online subscription to a news service from another country so that you have a reliable sense of what’s going on in the world, and how this country is being perceived.  
  • Are your taxes paid, or more importantly, filed?
  • Is your passport up-to-date?
  • If you have money to give – then give to your local library, the food pantry, homelessness services. But also give to cultural institutions. Get a library card and a membership to a museum. Give to organizations working to hold back the worst that this administration may dish out – the NAACP Legal Defense Fund, the ACLU, the National Women’s Law Center, and so many others.
  • I am going to write more in this space. I hope you’ll subscribe and even pay a nominal fee to sustain the writing. I’m right here, going through this with all of you. And for me there is beauty in our shared walk. Let’s do this together.

Jennifer Rubin posted her first editorial as editor-in-chief of The Contrarian.

The Contrarian will be a central hub for unvarnished, unbowed, and uncompromising reported opinion and analysis that exists in opposition to the authoritarian threat. Our pre-election warnings that Donald Trump posed an unprecedented threat to our democracy were often treated as alarmist. However, the election of an openly authoritarian figure who traffics in conspiracies, lies, unconstitutional schemes and un-American notions, has moved the United States to an inflection point. The future of our democracy, and what Lincoln called “the last best hope of earth” hangs in the balance. And yet corporate and billionaire media and too many in the political establishment persist in downplaying the threat and seeking to accommodate Trump and his radical agenda. We refuse to follow the herd.

Unlike most corporate or billionaire media, The Contrarian will not offer Trump the benefit of the doubt. We will not normalize him. We will not engage in false equivalence. We will not excuse enablers in the media, government or business. We will not infantilize his supporters nor treat them as victims; we will confront them with the consequences of their presidential pick.

Trump is no ordinary politician and will be no ordinary president so the response must be extraordinary. His insane pronouncements—be it a premature and utterly false declaration that the New Orleans terrorist had just come over the border or a threat to annex the Panama Canal and Greenland—cannot be ignored or treated as hyperbole. They reveal a warped mind and dangerous agenda that would take America down the road of other authoritarian states such as Viktor Orbán’s Hungary.

We will not be distracted by shiny objects or phony scandals. Instead, we will call out Trump and his fellow bad actors’ dangerous, unconstitutional and immoral actions and vile rhetoric. We will put them in the context of American history and international authoritarian movements. We will call on a range of experts from psychology, sociology, political science, international relations and other fields to inform the discussion and analysis.

We do not call Trump a dictator—yet. That is because a conscientious pro-democracy movement determined to expose, denounce and counteract Trump’s authoritarian impulses has time to act, to preserve our pluralistic democracy. The Contrarian seeks to be in the vanguard of that effort. To that end, we will summon the opponents of authoritarianism from all walks of life—the media, the arts, government, academia, business, sports, culture, labor and civil society—to join a grand coalition, a national front for freedom, decency, democracy, justice, self-determination, and diversity.

The urgency of the task before us cannot be overstated. We have already entered the era of oligarchy—rule by a narrow clique of powerful men (almost exclusively men). We have little doubt that billionaires will dominate the Trump regime, shape policy, engage in massive self-dealing, and seek to quash dissent and competition in government and the private sector. As believers in free markets subject to reasonable regulation and economic opportunity for all, we recognize this is a threat not only to our democracy but to our dynamic, vibrant economy that remains the envy of the world.

Although the task before us is deadly serious, we emphatically believe that joy, humor, and most of all community are essential to preserving a free people. We will offer all three. We also realize the danger of preaching to the choir and failing to reach outside our bubble. We will offer a platform that includes multi-generational, fresh voices from whatever venue or field who can contribute to our endeavor. We are building a community of passionate defenders of democracy who are fed up with equivocation, timidity, and resignation.

We could not be more excited to begin this journey. Our irreverence, candor and refusal to pull punches may offend establishment politicians, campaign insiders, and complicit media. We hope so. Throughout all our work, we pledge to live up to our credo: Not Owned by Anybody.

Jennifer Rubin explains why she gave up her column at The Washington Post, previously one of the most prestigious positions in American journalism. Billionaire Jeff Bezos, one of the richest men in the world, with assets exceeding $200 billion, has bent his knee to kiss the ring of Trump. To stay in Trump’s good graces, he has censored the editorial board, even an editorial cartoonist. The Post is hemorrhaging great journalists. Bezos bought one of the nation’s greatest newspapers and is destroying it.

She writes today:

Corporate and billionaire owners of major media outlets have betrayed their audiences’ loyalty and sabotaged journalism’s sacred mission — defending, protecting and advancing democracy.

The Washington Post’s billionaire owner and enlisted management are among the offenders. They have undercut the values central to The Post’s mission and that of all journalism: integrity, courage, and independence. I cannot justify remaining at The Post. Jeff Bezos and his fellow billionaires accommodate and enable the most acute threat to American democracy—Donald Trump—at a time when a vibrant free press is more essential than ever to our democracy’s survival and capacity to thrive.

I therefore have resigned from The Post, effective today. In doing so, I join a throng of veteran journalists so distressed over The Post’s management they felt compelled to resign.

The decay and compromised principles of corporate and billionaire-owned media underscore the urgent need for alternatives. Americans are eager for innovative and independent journalism that offers lively, unflinching coverage free from cant, conflicts of interest and moral equivocation.

Which is why I am so thrilled to simultaneously announce this new outlet, The Contrarian: Not Owned by Anybody. The Contrarian will offer daily columns, weekly features, podcasts and social media from me and fellow pro-democracy contrarians, many of whom have decamped from corporate media, others who were never a part of it. I am launching this endeavor with my cofounder, Norm Eisen. Founding contributors will include Joyce Vance, Andy Borowitz, Laurence Tribe, Katie Phang, George Conway, Olivia Julianna, Harry Litman (who recently resigned from the LA Times for reasons similar to mine for leaving the Post), and Asha Rangappa, among many other brilliant voices. We will provide fearless and distinctive reported opinion and cultural commentary without phony balance, euphemisms or gamified political punditry.

The need for upstart outlets has never been more acute. The contradiction between, on the one hand, the journalistic obligation to hold the powerful accountable and, on the other, the financial interests of billionaire moguls and corporate conglomerates could not be starker.

The Post’s own headline last month warned: “Trump signals plans to use all levers of power against the media; Press freedom advocates say they fear that the second Trump administration will ramp up pressure on journalists, in keeping with the president-elect’s combative rhetoric.” And yet The Post’s owner quashed a presidential endorsement for Trump’s opponent, forked over $1M for Trump’s inauguration through Amazon, and publicly lauded Trump’s agenda.

None of us could imagine Katharine Graham sending LBJ or Nixon a $1M check. It would have been, as it is now, a fundamental betrayal of a great American newspaper. Defense of the First Amendment is incompatible with funding or cheerleading for the very person who seeks to “drastically undermine the institutions tasked with reporting on his coming administration.”

The Post’s downfall is hardly unique. ABC, Mark Zuckerberg’s Meta and corporate-owned cable TV networks (which have scrambled to enlist Trump-friendly voices) are catering to powerful interests, and have profound corporate conflicts. Instead of guarding their independence, they join financial leaders, politicians and other public figures currying favor with Trump and his orbit.

Through classic anticipatory obedience—a dangerous but all too familiar pattern—they normalize the authoritarian menace. If Trump has taken “attacks on the press to an entirely new level, softening the ground for an erosion of robust press freedom,” as The Post reported, it is because he finds insufficient resistance. Instead, owners whose outlets he targets quite literally rewarded him.

In closing, I want to reiterate that I have been honored to work for over fourteen years alongside the finest writers and editors in journalism. Above all, I was blessed to work for The Post under the Graham Family ownership and Fred Hiatt’s leadership of the editorial section. My admiration for their collective integrity, dedication to craft, courage, patriotism, and decency is boundless. But when new leaders sully the reputation of institutions entrusted to them and the fate of democracy is in the balance, we all must reevaluate our careers and our obligations to the world’s most essential nation.

History calls us all.

I treasure the readers who have stuck with me over the years. I invite them and all those interested in defeating authoritarianism as well as writers and content creators to join this exciting new venture in defense of democracy. Forward!

Peter Greene writes about the contradiction at the heart of Trump’s education goals. On the one hand, Trump says he will eliminate the Department of Education and turn federal funding over to the states, to use as they wish. At the same time, he says that he will punish schools if they persist in teaching liberal ideas that Trump dislikes, like diversity, equity and inclusion, or if they are insufficiently patriotic.

How will he punish schools if the federal funding has been relinquished to the states?

Greene writes:

It has been on the conservative To Do list for decades, and the incoming administration keeps insisting that this time it’s really going to happen. But will it? Over the weekend, Trump’s Ten Principles for Education video from Agenda 47 was circulating on line as a new “announcement” or “confirmation” of his education policy, despite the fact that the video was posted in September of 2023.

The list of goals may or may not be current, but it underlines a basic contradiction at the heart of Trump’s education plans. The various goals can be boiled down to two overall objectives:

1) To end all federal involvement and oversight of local schools.

2) To exert tight federal control over local schools

Trump has promised that schools will not teach “political indoctrination,” that they will teach students to “love their country,” that there will be school prayer, that students will “have access to” project-based learning, and that schools will expel students who harm teachers or other students. 

He has also proposed stripping money from colleges and universities that indoctrinate students and using the money to set up a free of charge “world class education” system.

Above all, he has promised that he “will be closing up” the Department of Education. Of course, he said that in 2016 with control of both houses of Congress and it did not happen.

Are there obstacles? The Department of Education distributes over $18 billion to help support schools that educate high-poverty populations, providing benefits like extra staff to supplement reading instruction. The Project 2025 plan is to turn this into a block grant to be given to the states to use as they wish, then zeroed out. Every state in the country would feel that pinch; states that decide to use the money for some other purpose entirely, such as funding school vouchers, will feel the pinch much sooner. The department also handles over $15 billion in Individuals with Disabilities Education Act (IDEA) funding, which helps cover the costs of special education; Project 2025 also calls for turning it into an unregulated block grant to states with no strings attached, meaning that parents would have to lobby their state government for special ed funding.

Cuts and repurposing of these funds will be felt immediately in classrooms across the country, particularly those that serve poor students and students with special needs. That kind of readily felt, easily understood impact is likely to fuel pushback in Congress, and it’s Congress that has the actual power to eliminate the department.

Beyond the resistance to changing major funding for states and the challenge of trying to move the trillion-plus-dollar funding system for higher education, the Trump administration would also face the question of how to exert control over school districts without a federal lever to push.

Previous administrations have used Title I funding as leverage to coax compliance from school districts. In 2013, Obama’s education secretary Arne Duncan threatened to withhold Title I funds if a California failed to adopt an “acceptable” standardized testing program. In 2020, Trump himself threatened to cut off funding to schools that did not re-open their buildings. And on the campaign trail this year, Trump vowed that he would defund schools that require vaccines. That will be hard to do if the federal government has given all control of funds to the states.

The Department of Education has limited power, but the temptation to use it seems hard to resist. Nobody wanted the department gone more than Trump’s education secretary Betsy DeVos, who was notably reluctant to use any power of her office. But by 2018, frustrated with Congressional inaction on the Higher Education Act, DeVos announced a plan to impose regulations on her own. In 2020, she imitated Duncan by requiring states to compete for relief money by implementing some of her preferred policies.

Too many folks on the Trump team have ideas about policies they want to enforce on American schools, and without a Department of Education that has control of a major funding stream, they’d have little hope of achieving their goals. Perhaps those who dream of dismantling the department will prevail, but they will still have to get past Congress. No matter how things fall out, some of Team Trump’s goals for education will not be realized.

Happy Thanksgivjng to you and your family and your friends!

For many of us who had hoped to elect Kamala Harris as President, this is not the best of Thanksgivings.

But we must be thankful for our blessings, count them, and rededicate ourselves to improving our society and the lives of others.

Never forget: We are not going back!

We want a better world, not the fictional world of the past. We want progress, not regress.

I am thankful for all those who dedicate their lives to progress, opportunity, kindness, compassion, justice, education, enlightenment, and equity.

I am thankful for our nation’s teachers. They have devoted themselves to building a better world, one student at a time. They have not been thanked enough.

I am thankful for my family.

I am thankful for health.

Be thankful. Be kind. Be strong. Be good to yourself.

Last week, the House of Representatives passed a dangerous bill–HR 9495– that would allow the Treasury Department to shut down nonprofit organizations that it believes are funding terrorism. Initially, it had strong bipartisan support, but after Trump won the election, most Democrats turned against the bill, realizing that Trump could use it to silence his critics. In a recent vote, 15 Democrats voted for it.

Trump could use this authority to shut down the ACLU or any other organization that criticizes him.

Please contact your Senators and urge them to oppose this horrible bill!

The Intercept wrote about it:

A BILL THAT would give President-elect Donald Trump broad powers to target his political foes has passed a major hurdle toward becoming law.

The House of Representatives on Thursday passed the Stop Terror-Financing and Tax Penalties on American Hostages Act in a 219-184 vote largely along party lines, with 15 Democrats joining the Republican majority.

The bill, also known as H.R. 9495, would empower the Treasury secretary to unilaterally designate any nonprofit as a “terrorist supporting organization” and revoke its tax-exempt status, effectively killing the group. Critics say the proposal would give presidential administrations a tool to crack down on organizations for political ends

The provision previously enjoyed bipartisan backing but steadily lost Democratic support in the aftermath of Trump’s election earlier this month. On Thursday, a stream of Democrats stood up to argue against the bill in a heated debate with its Republican supporters.

“Authoritarianism is not born overnight — it creeps in,” Rep. Lloyd Doggett, D-Texas, said Thursday on the House floor. “A tyrant tightens his grip not just by seizing power, but when he demands new powers and when those who can stop him willingly cede and bend to his will….”

A previous bill with the provision was initially introduced in November 2023, in the early days of Israel’s U.S.-funded devastation of Gaza, with the ostensible goal of blocking U.S.-based nonprofits from supporting terrorist groups like Hamas. Rep. Claudia Tenney, R-N.Y., and other supporters of the bill touted it as a tool to crack down on pro-Palestine groups they claim exploit tax laws to bolster Hamas and fuel antisemitism…

It is already illegal for nonprofits or anyone else in the U.S. to provide material support to terrorist groups, and the federal government has means to enforce it, including prosecution and sanctions. Tenney’s bill, however, would sidestep due process. 

The bill includes some guardrails to ensure due process, but much of the language is vague on specifics, and critics fear that even if a group were to successfully appeal their designation, few nonprofit organizations would survive the legal costs and the black mark on their reputation.

Democratic Flips

While a previous version of the bill enjoyed broad bipartisan support and passed 382-11 in a House vote in April, many Democrats have withdrawn their support, citing a fear that the incoming Trump administration could weaponize the bill.

“The road to fascism is paved with a million little votes that slowly erode our democracy and make it easier to go after anyone who disagrees with the government,” said Rep. Jim McGovern, D-Mass., on the House floor Tuesday. “Donald Trump says you’re a terrorist, so you’re a terrorist. My friends on the other side of the aisle know it’s nuts, even if they don’t want to admit it.”

The GOP majority in the House made an initial attempt to pass the bill last week under a suspension of the rules, a parliamentary procedure that requires a two-thirds supermajority to pass. That effort foundered on November 12, when 144 Democrats and one Republican came out against the bill, just barely meeting the threshold to block it

Despite a majority of Democrats coming out against it in last week’s vote, the bill still received the support of 52 Democrats on November 12. On Thursday, that number dwindled to 15, as Democrats flipped in opposition, including Reps. Angie Craig, D-Minn., and Gabe Vasquez, D-N.M., both of whom cited Trump’s increasingly unhinged cabinet selections in their statements prior to the vote.