News and Notes: Trump’s War on Free Speech
By George Francis Kane
I try to stay abreast of news stories that touch on issues of the separation of church and state. This year I think that these stories have been more frequent and significant than ever before, but I think that none has been more reported or consequential than the assassination of Christian nationalist Charlie Kirk by Tyler Robinson on September 10.
Immediately after the incident, elected officials from both parties scurried to every news outlet to denounce political violence and call for taming political rhetoric to cool down the climate of hatred. I only knew of Charlie Kirk as a Christian nationalist provocateur who has an avid following in right wing college circles, but he was instantly transformed into a free speech hero, and canonized by the MAGA faction into the patron saint of political dialogue. Hope that the shooting could lead to any national reconciliation was shattered that night, however, when President Trump chimed in from the Oval Office. He characterized political hatred as the exclusive product of demonization of Republicans by the left. He vowed to bring to justice not only those who perpetrate violence against political figures, but to the organizations that stoke their rage. Instantly, all the Republicans in Congress fell into line, and insisted that the left was the sole source of this villainy.
In the United States, political speech is constitutionally protected, with exceptions provided such as inciting violence and encouraging crimes. These exceptions are rare in the verbal battles of the major parties and their supporters, but Trump considers any criticism of his policies and supporters to be criminal hate speech. He does not want political rhetoric to be calmed; but only to silence critics with threats of legal suppression.
Trump promised executive actions which were announced a few days later. First, he signed an executive order designating antifa as a domestic terrorist organization. This designation is meaningless, however. Antifa has no members, officers or events. Moreover, U.S. law empowers the president to designate only foreign terrorist organizations, not domestic ones. I presume that Trump intends to use this executive order to apply the term to anyone who participates in a demonstration where violence occurs, or who criticizes him or his administration or the MAGA movement, for creating a climate of hate that may precipitate violence. This provides a glimpse into how he intends to criminalize political opposition as a threat to the nation. As “enemy combatants” dissidents could be captured by the army and tried by a military court, where their civil rights as citizens would be ignored. We cannot be sure what Trump intends, or what the courts will allow. The link between the groups in the alleged terrorist network and violence is quite tenuous; the political assassins so far have been lone wolves, with no apparent connection to any groups that promote revolution.
[Trump] directs federal agencies to investigate ‘anti-Christianity’
A few days later Trump signed a presidential memorandum directing federal agencies to investigate liberal groups suspected of funding and organizing “political violence.” Of particular concern to groups that advocate for the separation of church and state, this memo directs federal agencies to investigate ‘anti-Christianity’ for “animating this violent conduct,” and instructs the IRS to investigate funding sources. Trump named liberal donors and foundations, such as George Soros and his Open Society Foundations, as suspects for promoting violence.
Trump will not succeed in quieting democratic candidates in the mid-term elections, but he may scare off liberal organizations and donors. He has shown that he can cow some media, legal firms that have represented Democrats, and wealthy ideological opponents such as universities, which hold their financial interests more dearly than their political values.
The Supreme Court has repeatedly upheld Trump’s usurpations of authority. If they give him the green light to stifle liberal groups during next year’s elections, MAGA success may be in the bag. That may be the death knell not just for freedom of speech, but for the very concept of constitutionally protected rights and liberties.
