Tag: speech

  • Don’t let Texas criminalize free political speech in the name of AI regulation

    Don’t let Texas criminalize free political speech in the name of AI regulation

    This essay was originally published by the Austin American-Statesman on May 2, 2025.


    Texans aren’t exactly shy about speaking their minds — whether it’s at city hall, in the town square, or all over social media. But a slate of bills now moving through the Texas Legislature threatens to make that proud tradition a criminal offense.

    In the name of regulating artificial intelligence, lawmakers are proposing bills that could turn political memes, commentary and satire into crimes.

    Senate Bills 893 and 228, and House Bills 366 and 556, might be attempting to protect election integrity, but these bills actually impose sweeping restrictions that could silence ordinary Texans just trying to express their opinions.

    Take SB 893 and its companion HB 2795. These would make it a crime to create and share AI-generated images, audio recordings, or videos if done with the intent to “deceive” and “influence the result of an election.” The bill offers a limited safeguard: If you want to share any images covered by the bill, you must edit them to add a government-mandated warning label.

    But the bills never define what counts as “deceptive,” handing prosecutors a blank check to decide what speech crosses the line. That’s a recipe for selective enforcement and criminalizing unpopular opinions. And SB 893 has already passed the Senate.

    Vague laws and open-ended definitions shouldn’t dictate what Texans can say, how they can say it, or which tools they’re allowed to use.

    HB 366, which just passed the House, goes even further. It would require a disclaimer on any political ad that contains “altered media,” even when the content isn’t misleading. With the provisions applying to anyone spending at least $100 on political advertising, which is easily the amount a person could spend to boost a social media post or to print some flyers, a private citizen could be subject to the law.

    Once this threshold is met, an AI-generated meme, a five-second clip on social media, or a goofy Photoshop that gives the opponent a giant cartoon head would all suddenly need a legal warning label. No exceptions for satire, parody or commentary are included. If it didn’t happen in real life, you’re legally obligated to slap a disclaimer on it.

    HB 556 and SB 228 take a similarly broad approach, treating all generative AI as suspect and criminalizing creative political expression.

    These proposals aren’t just overkill, they’re unconstitutional. Courts have long held that parody, satire and even sharp political attacks are protected speech. Requiring Texans to add disclaimers to their opinions simply because they used modern tools to express them is not transparency. It’s compelled speech.

    Besides, Texas already has laws on the books to address defamation, fraud and election interference. What these bills do is expand government control over how Texans express themselves while turning political expression into a legal minefield.

    Fighting deception at the ballot box shouldn’t mean criminalizing creativity or chilling free speech online. Texans shouldn’t need a lawyer to know whether they can post a meme they made on social media or make a joke about a candidate.

    Political life in Texas has been known to be colorful, rowdy and fiercely independent — and that’s how it should stay. Vague laws and open-ended definitions shouldn’t dictate what Texans can say, how they can say it, or which tools they’re allowed to use.

    The Texas Legislature should scrap these overbroad AI bills and defend the Lone Star state’s real legacy: fearless, unapologetic free speech.

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  • For the rich, free speech — for others, a SLAPP in the face

    For the rich, free speech — for others, a SLAPP in the face

    This article was originally published in The Gilmer Mirror on April 21, 2025.


    Fourteen years ago, the legislature passed vital protections for freedom of speech in the Texas Citizens Participation Act. This week, they’re looking to gut it.

    The TCPA addresses the common problem of strategic lawsuits against public participation, or SLAPPs. These are frivolous lawsuits brought by the wealthy or powerful against private citizens to stop them from exercising their free speech rights.

    For example, say your loved one is in an assisted living facility, and you think the facility is neglecting their care. You file a complaint with state regulators and then post honest, negative reviews of the facility online so that other people can make an informed choice about sending their family members there.

    Then the facility sues you, claiming that you defamed them. Even though the case is frivolous, and your criticism is protected by the First Amendment, you have a tough choice: stop talking about the facility or hire an attorney to defend you. You don’t want to be silenced, but you don’t want to go through a lengthy, expensive, and exhausting legal battle.

    This was the choice facing Carol Hemphill when she was sued for criticizing the facility housing her brother, who needed daily care after a traumatic brain injury.

    Thankfully, the TCPA helps people like Hemphill. It allows SLAPP victims to get cases dismissed quickly, without racking up huge legal bills. It also helps the victims get lawyers to stand up to the bullies trying to silence them through the courts.

    First, the TCPA lets a victim immediately move to dismiss the case if they can show the claim is meritless and targets their speech on issues important to the community. Then, if the court denies the motion to dismiss, there’s another layer of protection. The law automatically pauses any further court proceedings while the victim appeals the ruling, so that the case doesn’t turn into a sprawling legal battle before the court of appeals gets the chance to toss it out.

    When a victim successfully gets the case dismissed, the TCPA also requires the other side to pay their legal bills. This helps ensure SLAPP victims can afford legal representation to fight the case, and it deters people from filing SLAPPs in the first place. Plus, it’s just basic fairness: if someone deliberately brings a frivolous SLAPP against you, they should reimburse you for the costs of getting it dismissed.

    These protections ensure that everyone, not just those with money, can afford to fight for their rights. They helped Hemphill get her case dismissed and her legal bills paid. They helped Ken Martin, an independent local journalist, who was sued by a politician for reporting factual information about him. And they helped Dante Flores-Demarchi, who was sued by a wealthy school board member for publicly raising concerns about corruption.

    In addition to protecting individual victims, the TCPA protects a culture of open political discourse. In 2023, John Seago, the president of Texas Right to Life, testified against amending the TCPA because of its importance to individuals and organizations that work on important political issues. He testified that he, his organization, and other Texans had been hit with 19 different lawsuits simply for speaking about abortion after passage of the Texas Heartbeat Act, which banned most abortions in the state. “We turned to the TCPA since we were being targeted simply for our activism,” he said last year.

    Despite this enormous success, the legislature is currently considering bills to tear chunks out of the TCPA.

    This week, a House committee is going to vote on HB 2988, from Rep. Mano DeAyala, R-Houston, which would end the requirement for people who file SLAPPs to pay the other side’s legal bills when the case is dismissed. This would make it harder for SLAPP victims to get lawyers to defend their free speech rights, and invite more suits aimed at silencing people — a fundamental encroachment of constitutional rights.

    In the coming weeks, we expect other committees to take up SB 336/HB 2459. The bills, authored by Sen. Bryan Hughes, R-Mineola, and Rep. Jeff Leach, R-Plano, would remove the TCPA’s automatic pause while a victim appeals their motion to dismiss the SLAPP.

    The only people who benefit from weakening these parts of the TCPA are those with deep pockets who want to abuse the courts to silence their opponents. For those people, these bills are a gift.

    For Texans like Hemphill, who just want to speak their mind without being hauled into court, they’re a slap in the face.

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  • A New McCarthyism: How one Dane views free speech in America

    A New McCarthyism: How one Dane views free speech in America

    This article was originally published in The Dispatch on April 24, 2025.


    Two years ago, I moved to the United States to found a think tank devoted to defending global free expression. What better place to launch than America, which is, according to the law professor and First Amendment expert Lee Bollinger, “the most speech protective of any nation on Earth, now or throughout history”?

    Despite being Danish, I’ve always found America’s civil-libertarian free speech tradition more appealing than the Old World’s model, with its vague terms and conditions. For much of my career, I’ve been evangelizing a First Amendment approach to free speech to skeptical Europeans and doubtful Americans, who are often tempted by laws banning “hate speech,” “extremism,” and “disinformation.” That appreciation for the First Amendment is something I share with many foreigners — Germans, Iranians, Russians — who now call America home. For some of us, that tradition has become a kind of secular article of faith — the realization of which not only offers a sense of identity, but also a rite of passage into American ideals. Indeed, many of us noncitizens nodded in agreement in February when Vice President J.D. Vance said that European speech restrictions are “shocking to American ears.”

    But the very ideal that so many of us noncitizens cherish as America’s “first freedom” is now being curtailed. The administration is invoking a clause of the Immigration Nationality Act of 1952 that allows the secretary of state unfettered discretion to deport aliens, including anyone he believes “would have potentially serious adverse foreign policy consequences for the United States.” This new scheme has begun with the detaining of foreign students — including visa and green card holders — for allegedly antisemitic speech.

    Combating anti-Semitism is an important and legitimate government interest, and both Americans and noncitizens are safer when bigotry is confronted. But for six decades America has prohibited censorship and relied on counterspeech as the main bulwark against hatred, not least because leading Jewish and black civil rights groups have long recognized the danger of giving the government power over speech. Had the administration focused on noncitizens engaged in illegal or seriously disruptive conduct targeting Jewish students — which clearly occurred on some campuses after the October 7 terrorist Hamas attacks — few could have objected.  

    But it’s now clear that the government is targeting noncitizens for ideas and speech protected by the First Amendment. The most worrying example (so far) is a Turkish student at Tufts University, apparently targeted for co-authoring a student op-ed calling for, among other things, Tufts to divest from companies with ties to Israel. One report estimates that nearly 300 students from universities across the country have had their visas revoked so far.

    George Mason University calls cops on student for article criticizing Trump

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    After a GMU student wrote a provocative essay asking when violence against tyranny is justified, the university promptly forgot its own revolutionary roots — and called the cops.


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    Instead of correcting this overreach, the government has doubled down. U.S. Citizenship and Immigration Services recently announced that it would begin screening the social media posts of aliens “whose posts indicate support for antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity.” Shortly after, the X account of USCIS posted about a “robust social media vetting program” and warned: “EVERYONE should be on notice. If you’re a guest in our country — act like it.” And four days later, White House homeland security adviser Stephen Miller promised to deport “anyone who preaches hate for America.” What that means is anybody’s guess — and seems to depend entirely on subjective assessments.

    This has created a wave of self-censorship among the millions of noncitizens who live, study, and work in the U.S. Conversations among expats now center on how many have stopped posting political content  or canceled travel abroad, fearing they won’t be let back in. Noncitizens in think tanks and public policy roles I have spoken to are using burner phones and keeping immigration lawyers on speed dial. Universities are advising foreign students and faculty not to publicly criticize the U.S. government or officials. Students are complying, even going so far as to ask to have their bylines removed from articles, refraining from peaceful protests and scrubbing their social media accounts. Even more surreal: People, including me, are receiving constant pleas from friends and family to come home, fearing what might happen if we stay. After all, this is America, not Russia.

    As a green card holder, I understand why so many foreign students, faculty members, and other legal residents who live in and love this country might prefer to stay silent—after all, they came here for a reason, whether to study, work, or start a life with loved ones. But silence would be a betrayal of the very values that brought many of us here in the first place. In fact, I can think of few things more un-American than having to self-censor out of fear of being targeted by the government.

    I came to America for its freedom, not just to enjoy it, but to defend it — even if that puts me at risk.

    This isn’t the first time America has targeted foreign dissenters. In 1798, President John Adams signed the Alien Act, giving himself sweeping power to deport any noncitizen from a friendly nation deemed “dangerous to the peace and safety of the United States,” or merely “suspected” of treason or “secret machinations against the government.” In response, James Madison warned the law’s vague language “can never be mistaken for legal rules or certain definitions” and “subvert[ed] the general principles of free government.” Thomas Jefferson called it “a most detestable thing … worthy of the 8th or 9th century.” Their concerns were vindicated when Americans handed Adams’ Federalists a catastrophic defeat in the 1800 election, and the Alien Act expired under Jefferson.

    During the Red Scares of the 20th century, waves of government paranoia led to the surveillance, detention, and deportation of “subversive” noncitizens. McCarthyism has been roundly criticized in the decades since, and few have likely imagined that a McCarthy-era statute would not only survive but be revived and aggressively expanded in the 21st century.

    Credit: 1949 Herblock Cartoons, © The Herb Block Foundation.

    The late British-American journalist Christopher Hitchens is a more recent testament to the long tolerance of America toward foreign dissent. Before becoming a U.S. citizen in 2007, Hitchens spent decades as a legal resident—and as one of America’s most acerbic public intellectuals. He accused Ronald Reagan of being “a liar and trickster,” called Israel America’s “chosen surrogate” for “dirty work” and “terrorism,” lambasted Bill Clinton as “almost psychopathically deceitful,” and accused the George W. Bush administration of torture and illegal surveillance. If a student can be deported for writing a campus op-ed critical of Israel, any of Hitchens’ views could have been used to justify deporting him.

    Those applauding the recent crackdowns should remember how quickly the target can change. An overzealous administration focused on countering “Islamophobia” rather than antisemitism might have barred Ayaan Hirsi Ali or Salman Rushdie before they became citizens. The next might decide Douglas Murray crosses the line.

    Surely Secretary of State Marco Rubio knows this. In a recent interview, he warned that if Americans are denied entry to or face consequences in Europe for their online speech, it would undermine “one of the pillars of our shared values”—freedom of expression. Yet his own department now targets foreign nationals in the U.S. for the same online speech he was ostensibly protecting.

    Had America been known for deporting, rather than welcoming, dissent, I would never have made it my home. That might not have been much of a loss. But consider this: 35 percent of U.S.-affiliated academic Nobel laureates are immigrants, and nearly half of all American unicorn startups have founders born outside the country. How many of these brilliant minds would have chosen the United States if they risked exile for crossing the speech red lines of the moment?

    As a European who owes my freedom in life thus far to the America that fought Nazism and defeated communism, I feel a responsibility to speak out when this country strays from its founding ideals. I came to America for its freedom, not just to enjoy it, but to defend it — even if that puts me at risk.


    Jacob Mchangama is the executive director of The Future of Free Speech, a research professor at Vanderbilt University and a senior fellow at the Foundation for Individual Rights and Expression. He is the author of Free Speech: A History From Socrates to Social Media.

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  • The OfS’s fine on Sussex is a blow against free speech, not for it

    The OfS’s fine on Sussex is a blow against free speech, not for it

    • Peter Scott is Emeritus Professor of Higher Education Studies at UCL and was Vice-Chancellor of Kingston University between 1998 and 2010.

    Freedom of speech and academic freedom are difficult enough to define and police. The task has become more difficult because they have got caught up in the two most toxic issues of the moment – Palestinian rights and anti-Zionism (seen as shading into anti-semitism) on the one hand and support for the Israeli Government on the other; and women’s and trans rights and transphobia. Never has it been more true that hard cases make bad law.

    This seems to have been lost on the Office for Students with its recent decision on the Kathleen Stock case, whose gender-critical views had led to protests and demonstrations by trans activists, to fine the University of Sussex more than £500,000 (with the threat that fines could be even higher for universities which, in the eyes of the OfS, fail to protect free speech and academic freedom in a similar way). Unsurprisingly, that decision is being challenged by Sussex on a number of grounds, including the OfS’s refusal to meet the University’s representatives face-to-face before reaching it, a curious decision in the light of normal proceedings in legal and quasi-legal cases. Remember the lawyers’ old Latin tag audi alteram partem.

    The Stock case was one of three recent high-profile free speech cases. The two others were the case of David Miller, the University of Bristol professor who won an employment tribunal case after his dismissal by the University for his anti-Zionist views and that of Jo Phoenix, the Open University (OU) professor who won a similar case for constructive dismissal following the University’s failure to support her when attacked for her gender critical views.

    The same two toxic issues were in play in all three cases. It is difficult to see how, from the OfS’s perspective, Bristol and the OU were not as much in breach as Sussex of the OfS’s regulatory condition E1 for failing to uphold the relevant public interest governance principles (ensuring staff have the freedom ‘to question and test received wisdom’ and ‘to put forward new ideas and unpopular opinions’ without placing themselves in jeopardy). Two separate employment tribunals found that this is exactly what happened to Professors Miller and Phoenix, although in the first case through gritted teeth. Constructive dismissal and dismissal certainly count as being placed ‘in jeopardy’.

    The OfS opened its investigation into ‘free speech matters’ at Sussex under the general powers it had under its regulatory framework. The fine was assessed within the same framework. The Higher Education (Freedom of Speech) Act, which has given the OfS extra powers to investigate individual complaints, had not yet been passed. In any case, the incoming Labour Government chose last year not to implement some key provisions in that Act. So, when it launched the Sussex enquiry, the OfS did not yet have the power to investigate individual cases. Officially, it did not do so in the case of Kathleen Stock, although it appears she was interviewed as part of the investigation.

    So it remains a mystery why the OfS decided not to investigate the Miller and Phoenix cases which, on the face of it, raised the same issues and, as a result, should have led to the same concern – and similar fines? Surely not because of the political and media firestorm that the Stock case set off. Instead, the OU was allowed to ‘mark its own homework’ by setting up the Dandridge review, which failed to placate Professor Phoenix. Bristol publicly expressed its ‘disappointment’ at the tribunal’s findings, so no regrets and no acknowledgement that free speech had been an issue. The involvement of employment tribunals was no bar to an OfS investigation. Any differences between the three cases cannot explain why Sussex was picked out, because the OfS did not carry out investigations into the other two cases and so could not be aware of any differences.

    The OfS report is a curious document. It is largely context-free, in the sense that Professor Stock’s case is so briefly sketched that anyone unfamiliar with the case would find it difficult to understand what had happened. The formal reason for this context-lite brevity is that the OfS was not investigating what had happened to Professor Stock. Officially there was no Stock case. But a more substantial reason surely is that this absence of context was necessary in the light of its claim, in the words of the Director for Freedom of Speech and Academic Freedom, Professor Arif Ahmed, that ‘The OfS will continue to focus on a protection and promotion of lawful speech – irrespective of the views expressed. We will continue to be impartial and viewpoint neutral in our regulation and decisions’.

    In truth, free speech and academic freedom, even within the law, can never be absolute. This is explicit in section 43 of the Education (No. 2) Act of 1986 which states that universities ‘must take such steps as are reasonably practical to ensure that freedom of speech within the law is secured’. ’As are reasonably practical’ is an essential phrase, to which I will return. There will always be views which it is lawful to express but nevertheless are highly objectionable in the eyes of many people, and especially of those who feel they are threatened.

    Nor can they really be ‘viewpoint neutral’. The two toxic issues under discussion demonstrate this clearly. The expression of anti-Israeli and anti-Zionist views, because it is sometimes in danger of shading into anti-Semitism, is treated as beyond the pale. Gender-critical views, in contrast, despite the fact that they may be perceived to be transphobic, are firmly within it. The former, therefore, deserve to be banned and universities that tolerate their expression stigmatised or punished; the latter to be protected and universities that do not do so punished – as Sussex has been with its hefty fine. To be clear, I am not expressing an opinion about these viewpoints, just highlighting how they are treated differently.

    Why? Both Jewish and trans people, rightly or wrongly, feel threatened by what for them are hostile views. That is not sufficient in itself to override freedom of speech or academic freedom which, remember, are expected to be ‘unpopular’. This difference in treatment can only be explained with reference to history and politics. But, if the definition, and protection, of free speech and academic freedom are essentially political, the ‘viewpoint neutrality’ espoused by the OfS is an illusion. Its own decision to investigate Sussex was clearly partisan. The 2023 Act, which gave the OfS the mandate to investigate individual complaints, arose in a particular political context. It reflected the belief that conservative viewpoints were unwelcome in universities and therefore needed to be protected. Protecting liberal views was never the game.

    If free speech and academic freedom are context-specific, two questions arise. The first is practical. If that context is to be assessed and common sense applied – or, in the phrase in the 1986 Act, steps ‘as are reasonably practical’ defined – who is best placed to do that? In short, who is competent to make these complex decisions in which competing, and passionate, differences must be balanced? The effective choice is between officials in a State agency who are likely to have limited experience at the sharp end of university management, and vice-chancellors, their senior colleagues and university communities at large who know the people and personalities and real-world contexts. Free speech cases will not always be straightforward. They may contain multiple strands – breakdowns in professional relationships, complaints by students (ostensibly sovereign ‘customers’), even underperformance.

    The second question is one of principle, and much more important. In a liberal democracy that aspires to be an open society, should the State, or State agencies, ever be allowed to decide these delicate issues, particularly with regard to academic freedom, in the process invading and inevitably reducing the autonomy of universities? Of course, authoritarian and totalitarian States routinely behave in this way. They have no interest in academic freedom. But in a democracy, a foundational principle of academic freedom is surely that it is not defined or policed by the political authorities.

    The only conceivable justification for State intervention in a free society is that, if universities do not protect freedom of speech, they must be made to do so, as the partially implemented 2023 Act prescribes. There are two answers to this.

    • First, during the modern era, the practice has always been to trust universities to protect academic freedom because they understand it best. When I was a member of the board of the former Higher Education Funding Council for England two decades ago, no one would have suggested that HEFCE should have the power to fine universities for failing to uphold free speech. What is truly chilling is the erosion of institutional autonomy, with remarkably little protest or pushback. It is interesting how the political right, while believing passionately in a small State in the context of public services, economic regulation and taxation, believes equally passionately in a very strong State in the context of ideological surveillance.
    • Second, is there really a problem here – or, more accurately, a new problem? There is little evidence that universities have become less trustworthy in terms of protecting academic freedom. Of course, there have always been issues with ‘viewpoint diversity’ (in the phrase used by the US Government to justify its assault on Harvard – I’m coming on to Trump next…). In Economics departments dominated by econometricians behavioural economists are not always welcome. Some education departments may have ‘coloniality’ on the brain. Even peer review or the Research Excellence Framework may have ‘chilling effects’ in certain circumstances. But overall universities have always known, better than politicians, that intellectual creativity and productivity depend on a variety and diversity of ideas and of people.  

    … which brings me finally to Trump and Harvard. In a crooked sense, we should be grateful to President Trump for his brutish honesty. No serious attempt to disguise partisanship beneath a cloak of dispassionately protecting all free speech and academic freedom, just the driving desire to punish America’s greatest universities for refusing to toe the MAGA line in an extraordinary spasm of national self-harm. Harvard has been asked, and bravely refused, to allow the US Government to carry out ‘audits’ of departments suspected of being ‘woke’, to influence admissions, to vet academic appointments, to have access to lists of students, especially international students, who have taken part in demonstrations against Israel’s actions in Gaza, and outlaw all policies designed to promote diversity, equity and inclusion.

    The US example is important for two reasons, however little the OfS may appreciate being bracketed with Trump. First, the political focus on free speech, in the current form of the ‘war on woke’, has all the marks of being ‘made in America’, ideology borrowing rather than truly home-grown. Now we have been shown the future, and it stinks. Do we really want to go there? Second, the same politically partisan focus has actually made it more difficult to have a measured debate about free speech and academic freedom which, very sadly, is badly needed in a world from which reason, trust and mutual respect appear to have fled – and online abuse, fake news and AI have arrived. The OfS report on Sussex, and its disproportionate fine, are – in effect – a blow against rather than a blow in favour of free speech in higher education.

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  • Key Takeaways From Higher Ed Free Speech Conference

    Key Takeaways From Higher Ed Free Speech Conference

    The University of California National Center for Free Speech and Civic Engagement held its annual virtual #SpeechMatters conference Thursday amid a speech environment that is vastly different and far more fraught than anyone could have imagined even a few months ago. The Trump administration is simultaneously punishing colleges for their failure to clamp down on pro-Palestinian protesters and detaining international students, in some cases for participating in those same protests.

    In her opening remarks, Michelle Deutchman, the center’s executive director, acknowledged as much: “Today we gather at a critical moment for higher education across the nation,” she said. “The role of colleges and universities in our democracy is being questioned. Trust in institutions is shifting. The impact of a historic national election and a year of campus protests continues to unfold.”

    The conference, which featured four panels and 15 speakers with expertise in free speech and higher education, covered not only campus speech but also the broader questions of trust in universities and the knowledge they produce. Here are five key takeaways from the event.

    1. College administrators can’t prevent the chilling effect President Trump’s actions are having on campuses.

    In one session, Deutchman asked Howard Gillman, chancellor at the University of California, Irvine, for 12 years, and Erwin Chemerinsky, dean of the UC Berkeley School of Law, how students can exercise their right to free speech despite the Trump administration’s crackdown on institutions and students alike for purported antisemitic speech.

    Gillman and Chemerinsky found a consensus—one that contradicts the widely held belief that universities should always be forums for political discussion: As long as Trump appears to be punishing individuals for constitutionally protected speech, now may not be the time to encourage students to speak out.

    “When you have an administration that has not yet been constrained by the courts sufficiently, it does create an environment where people might know they have, in theory, legal protections for the activities they engage in, but just because your activity may be protected doesn’t meant that you are not going to be put in a very complicated situation if the government does move forward,” Gillman said. “I don’t want to overstate the amount of reassurance that you can give. A chilling environment is a chilling environment.”

    Chemerinsky said it wasn’t tenable to assure students that he could protect them from the federal government. One student had asked him if the law school could prevent Immigration and Customs Enforcement officers from coming onto campus and detaining students, and Chemerinsky said he had to tell the student that wouldn’t be possible. (In February, Trump rolled back protections that stopped immigration enforcement actions from taking place in certain locations, including on college campuses.)

    “There’s a limit to what we can do to protect students. I don’t want to ever have students have the illusion that we can do more than we can,” he said.

    1. Rebuilding trust in higher ed requires a fundamental shift in culture.

    When discussing the lack of trust in higher education, Steven Mintz, a history professor at the University of Texas at Austin and a columnist for Inside Higher Ed, said the distrust exists not just between the government and colleges, or administrators and faculty, but at all levels of higher education. Students erode trust with faculty when they don’t put effort into their courses, he said. Faculty who care more about their own research and success than their students and institutions likewise fail to build trust with their students and peers. And administrators earn the faculty’s distrust by leaving them out of key decision-making processes.

    It’s all a result of Americans’ shifting view of higher education from a public good to a private one, he argued, with students as the consumers and administrators as the CEOs.

    “It is absolutely imperative that we rebuild trust within our campuses,” he said. “It’s not a matter of policy tweaks; it’s a matter of a fundamental cultural shift.”

    He noted that in his own classes at UT Austin, he has made an effort to help students undertake real-world projects, like building an educational webpage for a local museum. Such efforts position the student not as a consumer, but as a “partner and collaborator and creator of knowledge,” he said. And it shows communities that college instills in its students important skills—and isn’t always just an amorphous ivory tower.

    1. Fast turnover of college leaders is contributing to the lack of public trust.

    In the same panel about trust, multiple speakers touched on the fact that administrative turnover can be a major impediment to trust-building on campus.

    University presidents last, on average, just over five years on the job, which means that most students see at least one presidential turnover in their college career. Each new president must rebuild trust not only with the constituents on their own campus, but also with alumni, government officials, the local community and beyond.

    Short tenures also make it difficult for students and employees to buy in to key university initiatives, considering it’s not uncommon for a new president to scrap the previous administration’s projects in favor of new priorities.

    “Trust is about relationships … and you don’t build trust overnight. You build trust through listening. You build trust through showing up. You build trust through showing proof points. That’s how it happens. So, you can’t build trust when you’re a president that’s been there three months,” said Bobbie Laur, president of Campus Compact, a nonprofit focused on civic and community engagement in higher education. “Some of what we’re facing is the reality of the short tenure of leaders without the necessary support structures to support leaders right now.”

    Saanvi Arora, a UC Berkeley student and the executive director of the Youth Power Project, a nonprofit that encourages young people to participate in public policy, agreed, noting that she has met numerous college students who have no idea what their institution’s president looks like.

    “That’s a huge problem, if you’re not meeting with students directly, showing up to spaces where it really matters for students to see you there,” she said. “It really makes a difference and moves the needle.”

    1. Universities need to do more to stanch the spread of misinformation.

    Misinformation is pervasive in the current vitriolic political environment, according to a panel of experts, but so is anger and skepticism toward the very researchers who aim to better understand the phenomenon.

    Simone Chambers, chair of political science at UC Irvine, pointed out that research shows misinformation is more likely to circulate in right-wing communities. But that research is then called partisan, sometimes even by politicians themselves; mis- and disinformation experts who studied incorrect information ahead of the 2020 election earned intense ire from congressional Republicans, who accused them of censoring free speech and subpoenaed data about what was being marked as inaccurate information.

    That’s compounded by the perennial problem of most, if not all, academic research: Few people see it. Michael Wagner, who leads the Center for Communication and Civic Renewal at the University of Wisconsin at Madison, said that universities could make a greater effort to get the work of misinformation researchers into the public’s hands.

    Universities must do “a more aggressive job of promoting the work, even when it highlights partisan asymmetries, even when it highlights other kinds of things that might leave universities open to attack from those who don’t like the fact that universities exist,” said Wagner, who noted that his center has been subpoenaed by Congress. “[That] is something they need to do a better job of, to help the researchers who are trying to do this stuff get their work out there to folks so that they can engage with it and decide how they want to incorporate that information into how they live their lives.”

    1. More college leaders should stand up for higher education.

    Colleges have been capitulating to the Trump administration in everything from rolling back diversity, equity and inclusion programs to, in Columbia’s case, at least, agreeing to a list of the administration’s demands in the hopes of having its federal funding unfrozen.

    But a small number of college presidents—including Wesleyan University’s Michael Roth and Princeton University’s Christopher Eisgruber, who were both cited by panelists at the conference—have spoken forcefully against the Trump administration’s attacks on political speech, DEI and free scientific inquiry. In an op-ed in Slate about the arrest of Mahmoud Khalil, a Columbia University alumnus and pro-Palestinian activist who was detained a month ago by immigration officials, Roth wrote, “University presidents must speak out against this attempt to control the political culture of our campuses from the White House. Just as we should decry antisemitism and other forms of discrimination, we should insist that students and faculty have the right to make their voices heard about the issues of the day. Neutrality here is a betrayal of our academic mission.”

    Kristen Shahverdian, program director of campus free speech at PEN America, a free expression nonprofit, said she is glad she doesn’t have to be a part of any internal conversations about how a university under fire by the Trump administration will react. Still, she said, she wishes more higher education leaders would emulate Roth and Eisgruber and that the higher education sector as a whole could come together as a united front.

    “There’s probably multiple reasons why they’re able to speak out and others maybe can’t,” she said. “[But] we really need to push back, to hold on to the values of higher education, which include freedom of expression and academic freedom.”

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  • Is there a global free speech recession?

    Is there a global free speech recession?

    We travel from America to Europe, Russia, China, and
    more places to answer the question: Is there a global free speech
    recession?

    Guests:


    Sarah McLaughlin
    : FIRE senior scholar, global
    expression


    James Kirchick
    : FIRE senior fellow

    Jacob
    Mchangama
    : FIRE senior fellow

    Timestamps:

    00:00 Intro

    03:52 Free speech global surveys

    07:49 Freedom of expression deteriorating

    11:43 Misinformation and disinformation

    18:05 Russian state-sponsored media

    24:55 Europe’s Digital Services Act

    29:26 Chinese censorship

    34:33 Radio Free Europe

    54:57 Mohammad cartoons

    01:04:14 Outro


    Read the transcript here.

    Enjoy listening to the podcast? Donate to FIRE today and
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    more. If you became a FIRE Member
    through a donation to FIRE at thefire.org and would like access to
    Substack’s paid subscriber podcast feed, please email
    sotospeak@thefire.org.

    Show notes:

    Authoritarians in the academy: How the
    internationalization of higher education and borderless censorship
    threaten free speech
    Sarah McLaughlin (2025)

    – “The
    First Amendment created gay America
    ” So to Speak (2022)

    – “Secret city: The hidden history of gay
    Washington
    ” James Kirchick (2022)

    – “Who
    in the world supports free speech?
    ” The Future of Free
    Speech (2025)

    – “V-DEM
    democracy report 2025: 25 years of autocratization — democracy
    trumped?
    ” V-Dem Institute (2025)

    Global
    risks report 2024
    World Economic Forum (2025)

    – “Gay reporter kicked
    off Kremlin network after protesting anti-gay law

    Washington Free Beacon (2013)


    Free speech: A history from Socrates to social media
    (paperback)
    Jacob Mchangama (2025)


    Europe’s Digital Services Act (DSA)
    (2022)


    Careless people: A cautionary tale of power, greed, and lost
    idealism
    Sarah Wynn-Williams (2025)

    – “The
    Voice of America falls silent
    ” The New York Times
    (2025)


    Text of Havel’s speech to Congress
    The Washington Post
    (1990)


    Voice of America wins in court, for now, as judge blocks Trump
    administration from firing staff
    AP News (2025)

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  • Most Students Say Colleges Promote Free Speech

    Most Students Say Colleges Promote Free Speech

    While freedom of speech remains a hot-button issue in higher ed, most undergraduates feel like they’re free to speak their minds on campus, according to a new report by the Lumina Foundation and Gallup.

    The report, released Tuesday, found that roughly three-quarters of students earning bachelor’s degrees believe their college does an “excellent” or “good” job of fostering free speech, including 73 percent of Republicans and 75 percent of Democrats. More than two-thirds of students of all races, genders and major political parties report feeling like they belong on campus, and at least three-quarters say they feel respected by faculty members.

    But some topics are more easily discussed than others. Most students feel like they can freely discuss race (66 percent), gender and sexual orientation (67 percent), and religion (62 percent). Discussing the Israel-Hamas war appears to be more fraught. Half of students report that pro-Israel views are welcome on campus, while 57 percent say the same of pro-Palestinian views. Students are also divided on how campuses have handled protests—a little over half, 54 percent, described their campus as doing an “excellent” or “good” job responding to protests and other disruptions.

    The report also showed that students are more likely to believe liberal views are welcome on campus than conservative views, 67 percent and 53 percent respectively. But most Democratic (78 percent), Republican (69 percent) and Independent students (73 percent) individually report that they can discuss their views openly on campus.

    “At a time when public discourse often questions whether free speech is still alive on college campuses, students are telling us a more hopeful story,” Courtney Brown, Lumina’s vice president of impact and planning, said in a news release. “It’s a powerful reminder that, despite the national narrative of polarization, many campuses are doing what higher education is meant to do: foster open dialogue, encourage learning and create a sense of belonging.”

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  • Free speech in an age of fear: The new system loyalty oaths – First Amendment News 464

    Free speech in an age of fear: The new system loyalty oaths – First Amendment News 464

    “Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.” — Benjamin Franklin

    If you look beneath the veneer of it all, what surfaces from the chaos of the last eight weeks is a demand for unyielding loyalty to a man and his personal and political whims. 

    His demands, followed in fear, are cravenly honored by political figures, media corporations, university presidents, law firms, Justice Department lawyers, and all others who surrender on bended knee to an authoritarian figure who holds the title of the 47th president of the United States. 

    Few stand up to him; many kowtow to him. Silence and sycophancy surround him. Meanwhile, his agency hitman exercises power with unconstitutional zeal. 

    When persuasion fails, when logic departs, when toleration ceases to be tolerated, and when the very pillars of freedom of expression are battered with ruinous consistency, then the promise of the First Amendment is breached with abandon — this while so many fiddle. 

    Given what has gone on in the first quarter of 2025 alone, this much is true: We are witnessing frontal attacks on freedom, especially our First Amendment freedoms (e.g., FANs 463462461, and 460). 

    Government by executive order is his calling card — his “trump” card. Shakedowns are his tactic. “Administrative error” is the justification given by his confederates for egregious due process violations. 

    No matter how personal, punitive, or partisan, this power (often unconstitutional in principle and authoritarian in practice) has become this administration’s default position. His will is effected by his lieutenants, implemented by his attorney general, executed by his DOGE goons, fulfilled by his FBI director and other cabinet officials, orchestrated by his deputy of policy, and defended by his press secretary. 

    In such ways, as professor Timothy Zick’s “Executive Watch” posts have revealed and will continue to reveal, the First Amendment is also under siege.

    Fear is the engine that drives so much of this aggrandizement of power, and the submission to it. As in the McCarthy era, robotic loyalty fuels that engine. What we are seeing in Washington is a new era in compelled allegiance. Executive order “negotiations” are premised on mandatory loyalty.

    To get a sense of the nature of this problem, simply consider some of what Thomas I. Emerson (a revered civil liberties and free speech scholar) wrote 55 years ago in his seminal “The System of Freedom of Expression.” When liberty is contingent on one’s “beliefs, opinions, or associations,” there is a “grossly inhibiting effect upon the free exercise of expression.” 

    The inevitable result, Emerson added, is to silence “the more conscientious and invite the less scrupulous to pass. ‘Self-executing’ by its nature, it places the burden upon the person…to interpret [the loyalty oaths’] purpose, recall all past events in his life, and decide what current or future [orders might affect him] at his peril.” The net effect is to leave citizens “at the continuing mercy” of the government. 

    Put bluntly: “It is inherently demeaning to a free people.” (emphasis added) 

    It is that fear, born of direct or veiled demands for loyalty, that has seized power in the control rooms of our government. Time and again, day in and day out, yet another executive order, followed by servile enforcement, abridges our First Amendment freedoms. When will it end? When will enough men and women of courage join together and say “enough”? One answer was tendered in 1776 in a work titled “The American Crisis.” To quote its author, Thomas Paine:

    These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman.

    Related 

    To preserve America’s tradition as a home for fearless writing, the Foundation for Individual Rights and Expression and Substack are partnering to support writers residing lawfully in this country targeted by the government for the content of their writing — those who, as Hitchens once put it, “committed no crime except that of thought in writing.”

    If you fit this category, whether or not you publish on Substack, we urge you to get in touch immediately at thefire.org/alarm or pages.substack.com/defender.


    Coming Soon

    A Question and Answer interview with Janie Nitze, co-author with Justice Neil Gorsuch of “Over Ruled: The Human Toll of Too Much Law.”

    See “An open invitation to Justice Neil Gorsuch and Janie Nitze to reply to their new book’s critics,” FAN 444 (Oct. 23)


    Voice of America court victory in journalists’ firing case

    The Voice of America can’t be silenced just yet. A federal judge on March 28 halted the Trump administration’s efforts to dismantle the eight-decade-old U.S. government-funded international news service, calling the move a “classic case of arbitrary and capricious decision making.”

    Judge James Paul Oetken blocked the U.S. Agency for Global Media, which runs Voice of America, from firing more than 1,200 journalists, engineers and other staff that it sidelined two weeks ago in the wake of President Donald Trump’s ordering its funding slashed.

    Seth Stern on DOGE and related free speech issues

    First Amendment Watch spoke with director of advocacy at Freedom of the Press Foundation, Seth Stern, about the First Amendment issues baked into the online exchange. Stern described Martin’s letter as intentionally ambiguous, argued that confusion over DOGE as a quasi-government agency brings its transparency responsibilities into question, and described the free speech issues that may arise from Musk’s roles as a social media platform owner and advisor to the president.

    Yale Law School ‘Free Speech in Crisis’ conference

    Agenda

    Friday, March 28

    9:15 a.m. | Welcome/Opening Remarks 

    • Organizers: Jack Balkin, Genevieve Lakier, Mikey McGovern

    9:30 a.m. | Panel 1: Media Environment 

    • Chair: Paul Starr, Princeton University
    • Yochai Benkler, Harvard Law School
    • Mary Anne Franks, George Washington University School of Law
    • Eugene Volokh, Hoover Institution

    11:15 a.m. | Panel 2: Polarization 

    • Chair: Robert Post, Yale Law School
    • Nicole Hemmer, Vanderbilt University
    • Liliana Mason, SNF Agora Institute, Johns Hopkins University
    • Ganesh Sitaraman, Vanderbilt Law School

    2:15 p.m. | Panel 3: Political Marketplace 

    • Chair: Rick Hasen, University of California, Los Angeles School of Law
    • Rick Pildes, NYU Law School
    • Bradley A. Smith, Capital University Law School
    • Ann Southworth, University of California, Irvine School of Law

    4:00 p.m. | Panel 4: Workplace 

    • Chair: Amanda Shanor, University of Pennsylvania
    • Helen Norton, University of Colorado School of Law
    • Benjamin Sachs, Harvard Law School
    • Liz Sepper, University of Texas Law School

    Saturday, March 29

    9:30 a.m. | Panel 5: Knowledge Production 

    • Chair: Amy Kapczynski, Yale Law School
    • E.J. Fagan, University of Illinois Chicago
    • Vicki Jackson, Harvard Law School
    • Naomi Oreskes, Harvard

    11:15 a.m. | Panel 6: Campus Politics 

    Chair: Genevieve Lakier, University of Chicago Law School

    • Judith Butler, University of California, Berkeley
    • Athena Mutua, University at Buffalo School of Law
    • Keith Whittington, Yale Law School

    1:00 p.m. | Wrap-Up Conversation 

    • Organizers: Jack Balkin, Genevieve Lakier, Mikey McGover

    Forthcoming book on free speech and incitement 

    Cover of the book "Free Speech and Incitement in the Twenty-First Century" by Eric Kasper and JoAnne Sweeny

    Free Speech and Incitement in the Twenty-First Century explores the line between free speech and incitement, which is a form of expression not protected by the First Amendment. Incitement occurs when a person intentionally provokes their audience to engage in illegal or violent action that is likely to, or will, occur imminently. 

    This doctrine evolved from World War I through the Cold War and the civil rights movement era, culminating in a test announced by the U.S. Supreme Court in Brandenburg v. Ohio (1969). Since the 1970s, this doctrine has remained largely unchanged by the Supreme Court and, as such, has received relatively little academic or media attention. 

    Since the late 2010s, however, violence at political rallies, armed protests around Confederate statues, social unrest associated with demonstrations against police, and an attack on the U.S. Capitol have led to new incitement cases in the lower courts and an opportunity to examine how incitement is defined and applied. Authors from different perspectives in Free Speech and Incitement in the Twenty-First Century help the reader understand the difference between free speech and incitement.

    ‘So to Speak’ podcast on Columbia University, DEI, and law firms

    We explore how censorship is impacting institutions — from universities to law firms to the Maine House of Representatives.


    More in the news

    2024-2025 SCOTUS term: Free expression and related cases

    Cases decided 

    • Villarreal v. Alaniz (Petition granted. Judgment vacated and case remanded for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam))
    • Murphy v. Schmitt (“The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam).”)
    • TikTok Inc. and ByteDance Ltd v. Garland (The challenged provisions of the Protecting Americans from Foreign Adversary Controlled Applications Act do not violate petitioners’ First Amendment rights.)

    Review granted

    Pending petitions 

    Petitions denied

    Free speech related

    Thompson v. United States (Decided: 3-21-25/ 9-0 with special concurrences by Alito and Jackson) (Interpretation of 18 U. S. C. §1014 re “false statements”)

    Last scheduled FAN

    FAN 463: ‘We simply could not practice law . . . if we were still subject to the executive order’

    This article is part of First Amendment News, an editorially independent publication edited by Ronald K. L. Collins and hosted by FIRE as part of our mission to educate the public about First Amendment issues. The opinions expressed are those of the article’s author(s) and may not reflect the opinions of FIRE or Mr. Collins.

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  • Free speech and the University of Sussex 

    Free speech and the University of Sussex 

    • Naimat Zafary is a PhD researcher at the University of Sussex and a former Afghan Chevening Scholar.

    There are times, as a scholar from another country, that events in your adopted home catch you off guard. The fears of those around you are so far removed from your own experience that you are baffled by them. Sometimes, this simply demands that you learn more about the society and culture around you or chalk up different perspectives to the rich experience of a global education. 

    At other times, though, there is a desire to share with your colleagues your own thoughts about an issue, especially when you think others are at risk of undervaluing the freedoms and advantages they have. This week was one of those times. 

    First a bit about me. I came to this country at a moment of deep crisis. An Afghan accepted for a prestigious Chevening Scholarship, I had been excited by the opportunity to study at the top university in the world for international development and to gain knowledge that I could put to use in my home country. 

    But even as I packed my cases, the unimaginable happened. The US withdrew its forces and the Taliban entered Kabul. As fearful Cheveners worried whether they would or would not be granted a place on the last flights from the chaotic airport, I gathered my family. I was permitted a small rucksack as I turned my back on my family home and car, my library where local children had studied, and gathered my loved ones for the two-day journey through hell to the airport perimeter fence. When a British soldier finally recognised us and saw my name on the list, he lifted us over the wall and to safety. I kissed his shoulder and wept. 

    From there, we sat on the floor of a military cargo ship and flew to an asylum hotel in London, safe at last from the Taliban, who would see us as a threat for our academic links to the UK and deep commitment to education for all, including women and girls. And so, it was I travelled by train for my first class at my academic home and inspiration, University of Sussex. 

    What I found in Sussex could not have contrasted more profoundly with what I left behind. Sussex has been ranked 1st in the world for Development Studies for seven consecutive years in the QS World University Rankings. And here was a global community of men and women dedicated to the highest standards of education and using academic rigour and debate to acquire knowledge which would benefit not only the immediate community of Brighton but the wider world. 

    My wife Saima and my daughters were also inspired by the women leaders who surrounded me. While former female colleagues and family members in Afghanistan were being barred from education and being driven behind burqas and closed doors, their voices silent, I was at an institution led by a courageous and principled woman committed to supporting diverse perspectives from across the world. I expressed my views in the classroom, at conferences and seminars, and in print without fear of brutal consequences. Sussex has given a platform to voiceless Afghan girls, whereas, in Afghanistan, asking a question about girls’ education is banned; Sussex made sure to value our voices and let us speak with wider audiences.

    This was truly free speech. I was gifted the ability to challenge the accepted norms of government and aid agencies, and in turn, my own ideas were challenged daily by my fellow students, my supervisor, my community. I learned and grew to appreciate the diversity of thought and background which typified the world I had entered. 

    So how do I respond to the idea that a place that has been to me and many hundreds of Chevening scholars from across the globe has been such a haven for free enquiry and open expression has been fined for a breach of free speech? 

    I understand that the issues and debate that led to this circumstance predate the leadership of the institution I have entered. I appreciate that there are deeply held views and profound concerns at play and that the ability to speak without fear of harassment or intimidation is core to educational exchange. 

    But I also know that the commonly held stereotype of my institution in some parts of the media is very wide of the mark. Those who have, like me, known the cost of true tyranny understand that places like Sussex are the very antithesis of that and an antidote to it. And so, I offer my voice and support to the university and community that not only welcomed me but encouraged me to challenge and be challenged in the pursuit of truth and global justice. It is a proud tradition and we undervalue it at our cost. 

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