Trump’s Second Term: A Contradiction on Free Speech
President Donald Trump, in his recent joint address to Congress, claimed to have "brought free speech back to America." However, First Amendment advocates argue that freedom of speech has never been under greater attack than during his second term. The Trump administration has taken several steps that many believe undermine the principles of free speech. These actions include threatening Democratic members of Congress with investigations for criticizing conservatives, withdrawing federal grants that include language the administration opposes, sanctioning law firms that represent Trump’s political opponents, and arresting student protest organizers whom Trump has labeled as "anti-Semitic, anti-American." According to Will Creeley, legal director of the Foundation for Individual Rights and Expression, a nonpartisan First Amendment group, "Your right to say something depends on what the administration thinks of it, which is no free speech at all."
Targeting Student Activists and Universities
One of the most notable examples of the administration’s actions is the arrest of Mahmoud Khalil, a Columbia University graduate student and legal permanent resident who helped lead pro-Palestinian protests. Trump took credit for Khalil’s arrest by immigration agents, claiming it was part of a broader effort to combat what he describes as "pro-terrorist, anti-Semitic, anti-American activity." Khalil’s lawyers argue that the government is targeting him for his activism and to "discriminate against particular viewpoints." Secretary of State Marco Rubio defended the administration’s actions, stating that the policy is not about free speech but about enforcing immigration laws. He emphasized that "no one has a right to a student visa. No one has a right to a green card," and added that the administration will revoke the visas or green cards of supporters of Hamas, a group designated as a terrorist organization by the U.S.
Crackdown on Academic Freedom
The Trump administration has also pressured universities to clamp down on anti-Israel activism among students and faculty. Trump has threatened to take action against any college that supports protests he deems "illegal." Additionally, he issued an order forbidding federal funding of diversity, equity, and inclusion (DEI) initiatives, leading to a freeze on federal grants as the administration reviews them for forbidden words such as "gender." This has resulted in the withdrawal of funding for research projects unrelated to DEI but containing prohibited terms, such as studies on crop diversity or infant mortality differences in urban and rural areas. Todd Wolfson, president of the American Association of University Professors, criticized the move, stating, "Nobody really wants Big Brother telling you what you can research."
Republicans and the First Amendment
Ironically, Republicans have long positioned themselves as defenders of the First Amendment, complaining about perceived infringements such as conservative speakers being canceled at "woke" colleges and social media companies censoring conservative viewpoints. However, under Trump’s leadership, the party has taken actions that many argue violate the very principles they once championed. Last year, Trump signed an executive order shortly after taking office, prohibiting federal interference with Americans’ free speech rights. Yet, his administration has also pledged to take actions that may oppose some of the First Amendment’s fundamental protections, such as deporting foreign students who protest Israel or outlawing flag-burning, which the Supreme Court has ruled is protected free speech. Creeley noted that he had hoped Trump would address some First Amendment issues but instead, the situation has worsened. "I cannot recall anything like this," he said. "This is the most serious of threats I can recall."
Silencing the Media and Legal Opposition
The Trump administration has also targeted the media and legal firms in an effort to chill dissent. Trump has sued several media outlets for unfavorable coverage, and his appointees at the Federal Communications Commission (FCC) have pressured media companies. The FCC is investigating other media firms with which Trump has feuded, and the administration has barred The Associated Press from the White House press pool for refusing to use Trump’s preferred name for the Gulf of Mexico. The AP is suing to restore its access on First Amendment grounds. Additionally, the administration has stripped security clearances from lawyers at firms linked to Democrats or the previous administration, including Perkins Coie, a firm that investigated Trump’s campaign ties to Russia during his first term. Jameel Jaffer, director of the Knight First Amendment Institute at Columbia, stated that these attacks on law firms have intimidated some high-profile attorneys from taking on cases that challenge the administration. "When the government shuts down that kind of speech," Jaffer said, "it’s shutting down democracy."
Targeting Members of Congress
The Trump administration has even gone after members of Congress, further escalating its efforts to silence opposition. Trump appointed Ed Martin, a defense attorney who represented some of those charged in the Jan. 6, 2021, attack on the U.S. Capitol, as acting U.S. attorney in the District of Columbia. Martin sent warning letters to Democratic lawmakers, including Senate Minority Leader Chuck Schumer and Rep. Robert Garcia of California, suggesting that their public statements could be interpreted as threats. Rep. Garcia responded defiantly on Musk’s X platform, writing, "Members of Congress must have the right to forcefully oppose the Trump Administration. I will not be silenced." This brazen attempt to intimidate elected officials highlights the administration’s disregard for democratic norms and its willingness to use its power to suppress dissent. As the administration continues its aggressive campaign to chill free speech, advocates and citizens alike are sounding the alarm about the dangers to democracy itself.
