Tag: speech

  • Right-Wing Doxing Campaign Endangers Faculty and Free Speech

    Right-Wing Doxing Campaign Endangers Faculty and Free Speech

    Photo illustration by Justin Morrison/Inside Higher Ed | Anna Moneymaker/Getty Images | Nordin Catic/Getty Images/The Cambridge Union | Andrew Harnik/Getty Images

    College faculty and staff members have become popular targets of the right-wing doxing firestorm that ignited in the hours after Charlie Kirk was shot and killed last week during an event at Utah Valley University. As of Thursday afternoon, Inside Higher Ed had identified 37 faculty and staff members who are being harassed online for allegedly critical or insensitive social media posts about Kirk. So far, at least 24 of those employees have been terminated, suspended or put on administrative leave, including employees at Auburn University, Eastern New Mexico University–Roswell and Coastal Carolina University.

    The force and scale of the doxing campaigns—and the speed with which institutions have moved to suspend or terminate their targets—paints a grim picture of free speech rights on public college campuses. Widespread doxing as a political tool to punish universities and academics is not a new phenomenon, but right now it’s particularly virulent, explained Keith Whittington, a professor at Yale Law School and an expert on free speech. “The size of the activity, the pressure campaign and the … short period of time is highly unusual,” he said. “Universities feel like they’re under intense pressure to mollify right-wing activists and try not to draw negative attention from the [Trump] administration.”

    Most of the higher education targets of doxing campaigns have been identified first by users on X, Facebook or other social media sites. Then anonymous accounts broadcast their name, employer, photo and contact information, along with calls for their firing. A group that calls itself the Charlie Kirk Data Foundation has also asked the public to submit via email or online the names, identifying information and screenshots of any person who has criticized Kirk or appeared to celebrate his death. On Sunday, the group claimed to have received more than 63,000 unique names.

    The first call-outs that gained traction were particularly inflammatory. For example, a University of Toronto professor—who has since been placed on leave—posted in a comment on X, “shooting is honestly too good for so many of you fascist cunts.” This type of speech is often “universally condemned,” but it should still be protected by universities committed to First Amendment values, Whittington said. (Or Section 2 of the Canadian Charter of Rights and Freedoms.) Now, doxers are attacking even those who engage in mild criticism of Kirk or his supporters, as well as those who merely quote Kirk’s own views on gun control and other topics in juxtaposition to the news of his death.

    “We do seem to see a pattern in which activists are very quickly moving beyond [more egregious] instances to much more marginal cases, where … we might not think that these particular examples of speech violated any widespread view that it is inappropriate or beyond the pale,” Whittington said.

    A staff member at Wake Forest University in North Carolina was doxed and later terminated after posting on social media the lyrics, “He had it coming, he had it coming” from the Chicago song “Cell Block Tango.” One University of South Carolina professor was targeted by doxers for a critical Facebook comment about a state representative who supported Kirk and was later relieved of teaching duties because of it. A faculty member at East Tennessee State University was put on administrative leave after posting, “You can’t be upset if one of those deaths in [sic] yours #charliekirk” in response to a news headline that quoted Kirk saying, “It’s worth [it] to have a cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment.” Inside Higher Ed has opted not to name employees that haven’t been confirmed by their university in order to prevent further harassment.

    The number of doxing campaigns targeting educators is on the rise. Experts say higher ed employees can stay safe by keeping work and personal accounts separate, using email masks, and removing personal information from data broker sites. For more tips, see our story here.

    So far no higher ed institution has faced as swift and fierce a condemnation from conservatives online as Clemson University, which, in response to the political pressure, has now terminated two faculty members and one staff member over their social media posts about Kirk. An assistant professor at Clemson was among the first to be named and shamed. On Sept. 10, the day Kirk was shot and killed, they posted, “Today was one of the most beautiful days ever. The weather was perfect, sunny with a light breeze. This was such a beautiful day.” Kirk’s supporters interpreted this comment as a celebration of his death. The Clemson professor also reposted jokes about the killing—including “no one mourns the Wicked” and “[N-word] worried about DEI and DIED instead.”

    From there, the doxing machine roared to life. The student group Clemson College Republicans was the first to identify the professor and share their posts, according to U.S. representative Russell Fry, whose Sept. 11 post on X about the professor garnered 1.2 million views. The post was amplified by hundreds of right-wing accounts and other politicians, including U.S. representative Nancy Mace, who has commented on and reposted dozens of similar call-outs. Clemson officials issued a statement on Sept. 12, writing that “the deeply inappropriate remarks made on social media in response to the tragic murder of Charlie Kirk are reprehensible and do not reflect the University values and principles that define our University community.” They made no mention of disciplining the employees involved and noted only that the university will “take appropriate action for speech that constitutes a genuine threat which is not protected by the Constitution.”

    The pressure campaign continued. Two other employees of the public university—a staff member and another professor—were also targeted for their posts about Kirk’s death, and Republican politicians called for their firing, too. Clemson officials issued another statement a day later, stating that an employee had been suspended and reiterating that officials would take action “in cases where speech is not protected under the U.S. Constitution and the First Amendment.”

    The university did not name any employees or say what the suspended employee posted. However, the posts circulating online from the three Clemson employees in question appear to be protected speech, according to the way most First Amendment scholars interpret it.

    Over the weekend, U.S. representative Ralph Norman, the X account for the U.S. House Committee on the Judiciary Republicans and Sen. Lindsey Graham of South Carolina joined in the calls for the employees’ firing, and some politicians called for the State Legislature to defund Clemson. So did President Donald Trump, who reposted a Truth Social post from South Carolina state representative Jordan Pace that said, “Now Clemson faculty is inciting violence against conservatives. It’s time for a special session to end this. Defund Clemson. End Tenure at State colleges.”

    Clemson officials did not respond to Inside Higher Ed’s request for comment. The university’s academic freedom policy for faculty states, “When they speak or write as private persons, faculty shall be free from institutional censorship or disciplinary action, but they shall avoid creating an impression that they are speaking or acting for the University.” The Faculty Handbook doesn’t outline any clear exceptions to this rule but does note that “as professional educators and academic officers, they are aware that the public may judge their profession and their institution by their utterances. Hence, faculty members should endeavor to be accurate, to exercise due restraint, to show respect for the utterances of others, and, when appropriate, to indicate that they are not officially representing Clemson University.”

    On Monday, Clemson announced it had terminated the staff member and removed both faculty members from their teaching duties. By Tuesday, all three employees had been terminated. South Carolina attorney general Alan Wilson told Clemson’s president he had the “full legal authority” to terminate the employees, writing in a statement, “The First Amendment protects freedom of speech, but it does not shield threats, glorification of violence, or behavior that undermines the mission of our state institutions.” This contradicts what experts at the Foundation for Individual Rights and Expression and other free speech experts have said in recent days: that speech, even if it’s poorly timed, tasteless, inappropriate, controversial or a nonspecific endorsement of violence, is protected by the U.S. Constitution.

    While these name-and-shame campaigns constitute a particularly harsh attack on campus speech, they are nothing new. In fact, they’ve increased in frequency since 2023, when many pro-Palestinian academics were targeted, said Heather Steffen, a humanities professor at Georgetown University and director of the American Association of University Professors’ Faculty First Responders group.

    “Faculty who speak about certain issues have been more vulnerable to doxing for a long time,” Steffen said. “So anyone who talks about issues of race or racism, gender and sexuality, or Palestine tends to be more likely to be doxed or somehow otherwise attacked in a politically motivated fashion, as do academics who are faculty of color, or queer faculty, or trans faculty or pro-Palestinian faculty.”

    Ultimately, it’s not about what the employees said, Whittington explained. It’s about the political outcomes.

    “This is primarily about exercising political power and trying to silence and suppress people who disagree with you politically,” he said. “It doesn’t matter that the offense is trivial … What matters is you’re identifying people that you politically disagree with and you have a moment in which you can exercise power over those people. And there are lots of people willing to take advantage of those opportunities.”

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  • Why RICO can’t be used to punish speech

    Why RICO can’t be used to punish speech

    The Racketeer Influenced and Corrupt Organizations Act — better known as RICO — was passed in 1970 to help prosecutors take down the mafia. Since then, it’s been used against terrorist organizations, drug cartels, fraud schemes, and other organized crime. 

    Now new targets are in sight.

    Last week, protesters confronted President Trump at a D.C. restaurant. On Monday, Trump said he asked Attorney General Pam Bondi to look into bringing RICO charges against one of the protesters because she was a “paid agitator.” Then Tuesday night on CNN, Deputy Attorney General Todd Blanche told Kaitlan Collins that RICO investigations could occur. 

    “So is it, again, sheer happenstance that individuals show up at a restaurant where the president is trying to enjoy dinner in Washington, DC, and accost him with vile words and vile anger?” Blanche said. “And meanwhile, he’s simply trying to have dinner. Does it mean it’s just completely random that they showed up? Maybe. But to the extent that it’s part of an organized effort to inflict harm and terror and damage to the United States, there’s potential, potential investigations there.”

    That’s extraordinary and deeply chilling. The deputy attorney general of the United States believes yelling at an elected official, the most powerful man in the world, inflicted “harm and terror” on him as well as the United States government and could be prosecuted as a crime.  Thankfully, the First Amendment does not permit the government to punish individuals for protected speech, even if it is styled as a RICO claim. 

    Here’s why.

    What RICO does — and doesn’t do

    The federal RICO statute allows prosecutors (and even private citizens through civil lawsuits) to criminally charge or sue people who engage in a “pattern of racketeering activity” as part of an ongoing enterprise. The law lists crimes like bribery, extortion, and money laundering as “racketeering acts.” There are also similar laws at the state level. It’s a serious tool, with serious consequences: long prison terms, massive fines, and asset forfeiture.

    But here’s the key: speech is not a crime. RICO does not — and cannot — turn unpopular or provocative expression into racketeering. If there is no underlying crime, then there is no RICO case, and the First Amendment sets strict boundaries for when pure speech is a criminal act

    Even if a protester independently commits a crime, such as trespass or destruction of property, that does not mean his or her organization can be sued under a RICO theory. The same is true even if more than one protestor commits a crime. Without more, the organization simply cannot be liable under RICO. Protestors should not commit crimes, and government officials should not manipulate RICO to chill clearly protected speech.    

    The First Amendment guarantees that most forms of pure speech are not criminal

    The Supreme Court has made clear that the government cannot punish speech just because it’s radical, unpopular, or even advocates for breaking the law in the abstract. In Brandenburg v. Ohio, the Court ruled in 1969 that only speech “directed to inciting or producing imminent lawless action” can be punished. 

    Similarly, in NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982), the Court found that the First Amendment protected civil rights organizers from being held liable for unlawful acts committed by some participants in a broader, lawful protest movement.

    Justice Souter, concurring in National Organization for Women, Inc. v. Scheidler raised the possibility that RICO defendants could raise the First Amendment as a defense in particular cases, cautioning “courts applying RICO to bear in mind the First Amendment interests that could be at stake.”

    These cases underscore the same principle: advocacy and association are protected, except in very limited circumstances, and RICO does not trump the First Amendment.

    The improper use of RICO chills speech

    Even the threat of RICO liability is enough to silence people. 

    Imagine being an activist who wants to call for bold change, but fears that a prosecutor could try to label your group a “criminal enterprise” just for its rhetoric. The risk of crippling lawsuits or prison sentences would drive many people to keep quiet. 

    FIRE is keenly aware of the chilling impact of RICO lawsuits. We’re currently defending historian James Gregory against a civil RICO claim brought by Pennsylvania politician Douglas Mastriano based on Gregory’s good-faith criticism of Mastriano’s academic research. Luckily, FIRE is working to vindicate Gregory’s First Amendment rights free of charge, but other targets of baseless RICO claims must expend thousands in legal fees to defend against such claims. 

    That chilling effect is exactly what the First Amendment is designed to prevent. A healthy democracy requires room for dissent, even if it upsets the status quo. 

    The bottom line

    RICO was built to fight organized crime, not to criminalize protest. When officials try to wield it against activists or advocacy groups, they’re wrong on the law, and they undermine free expression for everyone.

    The Constitution doesn’t protect violence, true threats, or genuine criminal conspiracies. But it does protect organizing, advocacy, and association. Any attempt to twist RICO into a weapon against speech isn’t just unconstitutional. It’s dangerous to the free and open debate that keeps democracy alive.



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  • There’s all kinds of ways to bleep out speech

    There’s all kinds of ways to bleep out speech

    This morning we woke to the news that the ABC television network in the United States had suspended late night talk show host Jimmy Kimmel indefinitely over a statement he made about the accused assassin of right-wing political activist Charlie Kirk. In July, the CBS network announced that it would end The Late Show with Stephen Colbert in May. Colbert has for years mocked and criticized Donald Trump. These two announcements got us thinking about all the different ways governments and those in power try to silence speech.

    The very first amendment to the U.S. Constitution begins with this phrase:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press …

    Because of that amendment, the world has long considered the United States the model for free speech — few countries live up to the standard that the United States has historically set. But across the world now, free speech seems to be endangered. So to put into perspective the many ways censorship can occur and in the many places we see this happening, we decided to offer up an assortment of News Decoder stories on this topic by both our professional correspondents and student authors.

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  • Charlie Kirk’s Death Is a Test for Campus Free Speech

    Charlie Kirk’s Death Is a Test for Campus Free Speech

    With national attention already focused on campus free speech, the assassination of Charlie Kirk at Utah Valley University has intensified a fractious moment for higher education. Voices on the right have blamed colleges for Kirk’s death, calling them “indoctrination camps” and comparing them to “madrassas that radicalize jihadis.”

    Though the suspect is not a student, Kirk’s killing has intersected with concerns that students are increasingly unable or unwilling to engage with dissenting views. Critics have cited the most recent FIRE College Free Speech Rankings survey, which shows that one in three students thinks it’s acceptable to use violence to stop a speaker.

    Colleges did not cause Kirk’s death, but leaders cannot ignore the finding that a third of students support using violence against a speaker. Though most students will never resort to violence, the possibility forces colleges to reassess campus security. UVU’s police chief admitted more than half his force of 15 officers wasn’t able to secure the crowd of 3,000 people at the Kirk event. Security experts noted that stopping a shooting from the top of a building hundreds of feet away requires Secret Service–style sweeps. The incident raises questions about bringing outside speakers to campuses. With so many budget problems in higher ed, who will cover the costs of keeping them safe?

    Yet on the ground at UVU, life on campus looked far different from critics’ portrayals. In the hours after the shooting, the student newspaper, The UVU Review, reported that professors reached out to students to offer resources and reprieves from coursework. Students called everyone in their phone to tell them they were safe. Strangers hugged each other and students offered a ride home to anyone who needed it. They put aside their differences to grieve together. “It feels like life stopped for us,” said one student. “But it kept going for everyone else. I’m ready for life to start again, no matter how changed it’ll be.”

    Given Kirk’s prominence, students across the country will feel like this incident has changed their lives, too. With more than 850 campus chapters, Turning Point USA is an organization where conservative students have found community. And even for students who disagreed with Kirk he inspired them to engage with political issues and debate their ideas.

    But the reactions to Kirk’s death reveal that the ideological fissures on campus have only deepened. At least 15 faculty and staff members have been fired for appearing to condone the shooting on social media, many after online campaigns called for their dismissal. Meanwhile, at a candlelit vigil at the University of North Carolina at Chapel Hill—a campus that has faced its own tragedy—student Walt Wilson told The Daily Tarheel he was mourning Kirk even though he disagreed with him. “Getting killed over debate and fostering free speech, especially in a place like a university where that is supposed to prosper, is a real tragedy and shows an issue of communication and reconciliation,” he said.

    Free speech survives only if protected in practice. This moment will test higher education’s resolve: Will political pressure drive colleges to retreat, or will they recommit to free expression as a path through turmoil?

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  • You can’t fire your way to free speech

    You can’t fire your way to free speech

    Last week’s assassination of Charlie Kirk at Utah Valley University was a horrific reminder that political violence has no place in a free society. In the days since, colleges and universities have faced growing calls to fire faculty and punish students for speech critical of Kirk and justifying the shooting.

    As government actors, public colleges are bound by the Constitution. Whether it is criticism of George Floyd in 2020 or Charlie Kirk today, the First Amendment protects speech, no matter how crude, offensive, or ill-timed some may perceive it to be. 

    Moments like these test our commitment to free expression. When a college caves to outrage, it invites more censorship and sends the message that no speech is safe. Punishing speech some deem offensive only moves the line of what’s “unacceptable” inward, constantly shrinking the already fragile space for debate.

    And yet, across the country, institutions are doing just that. FIRE has already reviewed or intervened in dozens of such cases, but the number continues to grow. For instance:

    • At Clemson University, administrators initially said they would uphold First Amendment protections after public outrage over social media posts by two faculty members and a staffer about Kirk’s assassination. In a September 12 statement, Clemson condemned the speech and, under pressure from lawmakers, falsely claimed the First Amendment does not protect speech that “undermines the dignity of others.” It then suspended one employee on September 13 and terminated them two days later. On September 16, Clemson announced it had also dismissed two faculty members following an investigation into “inappropriate social media content” related to Kirk’s death.
    • At Florida Atlantic University, a tenured professor retweeted criticisms of Kirk’s rhetoric and Kirk’s own quotes. None of her posts condoned or advocated violence, but calls for her removal circulated on social media. FAU placed the professor on administrative leave pending an investigation.
    • At Montana State University–Northern, administrators suspended an associate professor after she posted about Kirk’s assassination on her personal account. She explicitly stated that she did not condone violence, yet administrators still removed her from the classroom.
    • At the University of South Dakota, a professor posted criticism of Kirk, calling him a “hate-spreading Nazi.” The governor shared the post and declared he was “glad” the Board of Regents intended to fire this professor. The university has since placed the professor on leave and issued an intent to dismiss him.
    • At Texas State University, a student mimicked the Kirk assassination during a memorial event hosted by the local TPUSA chapter. Governor Greg Abbott publicly demanded the student’s expulsion, and the university complied, claiming it would not tolerate speech that “mocks, trivializes, or promotes violence.” 

    These are not isolated incidents. Across the country, calls for punishment of protected speech are reaching astonishing levels.

    If you’re a student or faculty member facing discipline, FIRE can help.

    Through our Campus Rights Advocacy program, we field thousands of submissions every year from students and faculty whose rights are under threat, and we intervene directly with administrators to resolve disputes. 

    Our Faculty Legal Defense Fund (FLDF) gives public college faculty legal help when they’re punished for what they say whether in class, scholarship, or public. Faculty can call FLDF’s 24-hour hotline (254-500-FLDF) or submit a case online. If the case qualifies, we connect them with a local attorney from our network — free and fast. 

    And if colleges are looking to make sure their policies on faculty and student speech are in good shape before controversial speech tests them, they can contact our Policy Reform team at [email protected].

    The principle is simple: At public universities, the First Amendment applies. And without free speech and academic freedom, higher education can’t do its job.

    Faculty must be able to speak their minds without risking their jobs. Public universities must resist the current political pressure to censor. FIRE will fight for First Amendment rights, no matter the content of the speech.

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  • Introducing Soapbox 2026: Free speech – still revolutionary!

    Introducing Soapbox 2026: Free speech – still revolutionary!

    Free speech has always been America’s revolutionary idea. Next year, as the nation celebrates its 250th anniversary, FIRE is launching Soapbox 2026 — our bold new conference dedicated to the power of expression, the courage of dissent, and the timeless value of speaking freely. 

    On November 4–6, 2026, in the birthplace of liberty, Philadelphia, join FIRE for three unforgettable days of fearless conversations, sharp debates, and incredible entertainment that you won’t want to miss!

    What is Soapbox?

    Soapbox is more than a conference. It’s a high-energy, content-rich celebration of free speech culture, both on and off campus. Picture this: 

    • High-impact keynotes from some of today’s most fearless thinkers
    • Timely debates and panels tackling the most pressing issues in speech and expression
    • Immersive entertainment and activations that make free speech not just an idea, but an experience
    • And a showstopping gala to cap it all off

    Soapbox will bring together professors, advocates, artists, celebrities, and supporters to talk about free expression and shout it from their own soapbox. 

    Why now? At FIRE, we’ve spent more than 25 years defending free speech in courtrooms, on campuses, and in our culture. We’ve seen first-hand that free expression is the beating heart of American life. Soapbox is the natural next step — an opportunity for free speech advocates to gather together and remind the nation that free speech is still revolutionary and still worth fighting for today. 

    Who’s it for? FIRE is proudly nonpartisan, and Soapbox will unite voices from across the political spectrum. This will be a gathering where hundreds of experts and newcomers alike can connect, learn, and amplify the culture of free speech and expression. 

    Save the Date!

    • Where: Philadelphia, PA

    • When: November 4–6, 2026

    • Who: Professors, advocates, artists, celebrities, thought leaders, supporters, partners who believe in free expression — and you! 

    This is just the beginning. Soapbox is designed to grow into a defining event for free expression — one that echoes far beyond its stage. We’d love for you to be part of the inaugural year. Whether you’re a scholar, a member, an ally, or simply someone who believes speech should always be free, Soapbox is your platform.

    Sign up here to stay up to date on all things Soapbox. If you have any questions or interest in sponsoring the event, please reach out at [email protected].

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  • Pam Bondi says hate speech is not free speech — is she right?

    Pam Bondi says hate speech is not free speech — is she right?

    FIRE staff also take your questions on Charlie Kirk’s
    assassination, President Trump’s lawsuit against The New York
    Times, cancel culture, and more.

    Timestamps:

    00:00 Intro

    01:42 Attorney General Pam Bondi’s comments that “hate speech”
    is distinct from “free speech”

    02:23 Is it OK for the Department of Justice to target people
    for “hate speech”?

    05:42 How have “hate speech” laws played out overseas?

    07:19 President Trump’s response to Pam Bondi’s “hate speech”
    remarks

    08:50 Are “fighting words,” “incitement,” and “true threats”
    free speech?

    11:22 What about doxxing?

    15:15 Is it free speech to celebrate or condone the
    assassination of Charlie Kirk?

    21:52 The termination of k-12 and university faculty in response
    to their commentary on Kirk’s assassination

    28:40 Is there a law that might implicate the Discord users who
    had reason to be aware of malicious intentions the shooter had
    towards Kirk ahead of the assassination?

    30:05 The agency of speakers and those hearing their speech
    under the incitement standard

    31:14 What are the differences between the free speech rights of
    citizens and non-citizens?

    36:20 Does a court filing by President Trump as an individual in
    the New York Times lawsuit open him up to being deposed about a
    wide range of behaviors and actions?

    37:40 What is the Trump’s administration’s legal strategy with
    the New York Times lawsuit?

    39:24 What is FIRE doing about private employees being fired for
    their political commentary?

    46:50 What is Charlie Kirk’s legacy on free speech?

    50:04 What is the difference between the academic protections
    enjoyed by tenured and non-tenured faculty members?

    52:05 Does FIRE trust the Supreme Court to protect free
    speech?

    56:12 How can we prevent capitulation from The New York
    Times?

    59:20 How can ordinary people safely express their opinions on
    social media and promote civil discourse?

    Joining us:

    Ronnie London, general counsel

    Sarah McLaughlin, senior scholar, global expression

    Aaron Terr, director of public advocacy

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  • Pam Bondi says hate speech is not free speech — is she right?

    Pam Bondi says hate speech is not free speech — is she right?

    FIRE staff also take your questions on Charlie Kirk’s
    assassination, President Trump’s lawsuit against The New York
    Times, cancel culture, and more. Timestamps:

    00:00 Intro

    01:42 Attorney General Pam Bondi’s comments that “hate speech”
    is distinct from “free speech”

    02:23 Is it OK for the Department of Justice to target people
    for “hate speech”?

    05:42 How have “hate speech” laws played out overseas?

    07:19 President Trump’s response to Pam Bondi’s “hate speech”
    remarks

    08:50 Are “fighting words,” “incitement,” and “true threats”
    free speech?

    11:22 What about doxxing?

    15:15 Is it free speech to celebrate or condone the
    assassination of Charlie Kirk?

    21:52 The termination of k-12 and university faculty in response
    to their commentary on Kirk’s assassination

    28:40 Is there a law that might implicate the Discord users who
    had reason to be aware of malicious intentions the shooter had
    towards Kirk ahead of the assassination?

    30:05 The agency of speakers and those hearing their speech
    under the incitement standard

    31:14 What are the differences between the free speech rights of
    citizens and non-citizens?

    36:20 Does a court filing by President Trump as an individual in
    the New York Times lawsuit open him up to being deposed about a
    wide range of behaviors and actions?

    37:40 What is the Trump’s administration’s legal strategy with
    the New York Times lawsuit?

    39:24 What is FIRE doing about private employees being fired for
    their political commentary?

    46:50 What is Charlie Kirk’s legacy on free speech?

    50:04 What is the difference between the academic protections
    enjoyed by tenured and non-tenured faculty members?

    52:05 Does FIRE trust the Supreme Court to protect free
    speech?

    56:12 How can we prevent capitulation from The New York
    Times?

    59:20 How can ordinary people safely express their opinions on
    social media and promote civil discourse?

    Joining us:

    • Ronnie London, general counsel

    • Sarah McLaughlin, senior scholar, global expression

    • Aaron Terr, director of public advocacy

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  • Free Speech Out Loud | The Foundation for Individual Rights and Expression

    Free Speech Out Loud | The Foundation for Individual Rights and Expression

    FIRE staff also take your questions on Charlie Kirk’s
    assassination, President Trump’s lawsuit against The New York
    Times, cancel culture, and more. Timestamps: 00:00 Intro 01:42
    Attorney General Pam Bondi’s comments that “hate speech” is
    distinct…

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  • How Gov. Shapiro’s role at Penn puts free speech and institutional autonomy at risk

    How Gov. Shapiro’s role at Penn puts free speech and institutional autonomy at risk

    Nearly two years ago, the Hamas-led October 7 attacks on Israel and Israel’s subsequent invasion of Gaza sparked intense debate and demonstrations on American campuses. 

    Many schools responded by attempting to censor controversial but protected speech in the name of combating antisemitism. But in testimony before Congress on Dec. 5, 2023, University of Pennsylvania’s then-President Liz Magill initially declined to follow suit. She explained that “calling for genocide” does not always violate Penn’s rules. Instead, she correctly labeled this a “context-dependent decision,” recognizing that rhetoric some find deeply offensive can still be protected speech. This assertion was in line with Penn’s longstanding — but often ignored — commitment to tracking the First Amendment in its own policies.

    Unfortunately, Magill quickly backtracked in the face of public criticism, including from Pennsylvania Gov. Josh Shapiro. The governor said publicly that Magill needed to “give a one-word answer” and that her testimony demonstrated a “failure of leadership.”

    As it turns out, the governor’s response was not limited to his public comments. Recent reporting by The Chronicle of Higher Education reveals how Gov. Shapiro’s office enmeshed itself in this controversy and in Penn’s response to antisemitism on campus in the months and semester that followed October 7.

    Seizing on a rarely used provision of the Penn Statutes of the Trustees that establishes the governor as a trustee ex officio, Gov. Shapiro appointed Philadelphia lawyer Robb Fox as his observer to the board of trustees. Gov. Shapiro’s director of external affairs Amanda Warren explained in a then-private email that Fox would be “integrated into all future board meetings, as well as ongoing antisemitism work, on behalf of the Governor.” Fox was previously part of the governor’s transition team in 2022 and serves as his appointee on the board of SEPTA, Philadelphia’s transit authority.

    Per the Chronicle, Fox “quickly immersed himself in Penn’s affairs — arguing technicalities of the board of trustee’s rules, liaising with students, faculty, and administrators, and contributing to Penn’s task force on antisemitism.” He began corresponding with Marc Rowan, who serves as chair of the Penn Wharton School’s board of advisors and was an early critic of both Magill and Bok. And in one early email regarding a proposed statement from the board, Fox said he would tell them “enough with the statements” and that they needed “a vote on board chair [Scott Bok] and president remaining.”

    Days later, Magill and Bok resigned. A member of Penn’s School of Arts and Sciences’ board later thanked Fox for this early engagement, saying the trustees were able to oust Magill and Bok “with the governor’s nudge and with his support.”

    All of this broke with precedent. Historically, Penn did not allow designees to attend board meetings in the governor’s place. The university only broke with this tradition after “many conversations between the Governor, President Magill, Board leadership, and staff.”

    Fox’s influence reportedly expanded in the months that followed. Penn’s then-interim President Larry Jameson intervened to add Fox to the university’s antisemitism task force. One member of the task force told the Chronicle that Fox frequently said he was trying to represent the governor’s position. And when Fox got the impression that the task force was trying to treat him as a mere spectator, he reached out to Warren and declared that he would “not be an observer.”

    Throughout all this, Fox and Warren frequently acted as a team. She connected him with Rowan in the early days of his appointment, and later connected him with the Penn Israel Public Affairs Committee. Fox and Warren were both part of an email exchange with Penn’s new board chair that sought information about the burgeoning encampment. And when Fox considered bypassing the task force on antisemitism and going directly to President Jameson to address an Instagram post by a pro-Palestine student organization, he first emailed Warren to discuss the issue with her.

    Neither Penn nor Gov. Shapiro’s office deny any of this involvement. Indeed, both parties acknowledged their relationship in comments to the Chronicle, with Gov. Shapiro’s spokesperson explaining that they and Fox intervened in order to combat hate and antisemitism.

    State pressure on private universities can be a dangerous backdoor to censorship

    Combating unlawful antisemitic harassment is a noble goal, but when powerful public officials wield their influence to regulate speech at private universities, they’re playing a dangerous game. We saw this play out recently at Columbia University, where university leaders responded to the Trump administration’s unlawful funding freeze (purportedly a response to campus antisemitism) by capitulating to demands that will chill protected speech. 

    Columbia incorporated the International Holocaust Remembrance Association’s overbroad definition of antisemitism, which the Trump administration had earlier demanded, into its own definition. Later, in a settlement agreement it signed to restore government funding, Columbia required students to commit to vague goals like “equality and respect” that leave far too much room for abuse, much like the DEI statementscivility oaths, and other types of compelled speech FIRE has long opposed.

    Gov. Shapiro’s intervention here is not nearly as heavy-handed, but it is still cause for concern. If the Chronicle’s reporting is accurate, then he and his office must act with greater restraint given the state’s influence over Penn, a private institution, and the potential for overreach.

    The Chronicle notes that when President Jameson took office, Penn was working to reclaim $31 million in funding for its veterinary school and $1.8 million designated for the Penn Medicine Division of Infectious Diseases that had been withheld by the Pennsylvania legislature over antisemitism concerns. When faced with the loss of so much funding, many institutions, even those as wealthy as Penn, will be quick to fall in line with the state’s demands.

    This backdoor approach to regulating speech, known as jawboning, is both incredibly powerful and uniquely dangerous. The First Amendment only protects against state censorship, not private regulation of speech, so when the state pressures private institutions into censoring disfavored speech, it blurs the legal line between unconstitutional state action and protected private conduct. The Supreme Court unanimously condemned this practice in NRA v. Vullo, reaffirming its 60-year-old ruling that governments cannot use third parties to censor speech they disfavor. The Court explained that this practice would allow a government official to “do indirectly what she is barred from doing directly.” 

    Jawboning’s chilling effects go beyond the pressured institution itself. For example, Gov. Shapiro’s close involvement at Penn incentivizes campus leaders to over-enforce their anti-discrimination and harassment policies in ways that prohibit or chill what would otherwise be lawful speech. Rather than risk state interference, many institutions will censor first and ask questions later.

    None of this is to say that Penn has a sterling history when it comes to managing speech controversies on its own. In fact, Penn finished second to last in FIRE’s 2023 campus free speech rankings. But the situation is likely to get worse, not better, when the government amplifies the impulse to censor.

    Transparency limitations at private universities amplify the risks of state involvement

    Private universities are not subject to open-records laws like many public universities. At a public university, it is often possible to obtain records that reveal how or why the school changed a speech policy or engaged in censorship. By contrast, at a private university there is no formal way (besides the costly process of litigation) to request records that reveal the basis for such actions, including the extent to which they were the result of state pressure.

    For example, after Penn’s tumultuous 2024 spring semester, the university adopted a vague and overbroad events and demonstrations policy. This policy prohibits “advocat[ing] violence” in all circumstances, even when it doesn’t cross the line into unprotected and unlawful conduct or speech, like incitement or true threats. Moreover, the policy fails to define “advocat[ing] violence.” This leaves students guessing and will lead to administrative abuse and uneven enforcement. Is the common but controversial slogan “from the river to the sea, Palestine will be free” a call for violence in Israel or a call for political change? Calling for U.S. bombing of terrorist groups like ISIS or Al-Qaeda is explicitly advocating violence. Is that prohibited? Under Penn’s new policy, that’s left to administrators to decide. 

    FIRE criticized this policy at the time and expressed concern that it was driven in part by viewpoint discrimination. But at a private university like Penn, there is no public records mechanism for the public to scrutinize how or why the policy was adopted. And although private universities are generally well within their rights to keep these decisions private, this arrangement becomes more troublesome when the state gets involved.

    Private universities have their own free speech rights

    Private universities themselves have free speech rights. A federal district court recently reiterated as much, explaining that the Trump administration violated the First Amendment when it conditioned funding to Harvard on the university “realigning its campus to better reflect a viewpoint favored by the government.” 

    Harvard, like Columbia and many other institutions, has been the target of a federal pressure campaign purportedly aimed at combatting antisemitism. But unlike Columbia, Harvard chose to defend its rights in court. This stand is praiseworthy, and the district court’s decision shows that private institutions stand on solid legal ground when they resist unlawful government pressure. Unfortunately, not every institution will be bold enough, or sufficiently well resourced, to fight the state in court.

    State actors should protect students by enforcing the law, not by censoring protected speech

    Given these dangers, Gov. Shapiro and other government actors seeking to combat discrimination must act through the proper legal channels. In the federal context, this means following the procedures laid out by Title VI and binding federal regulations. In its ruling for Harvard, the district court explained that this process is designed to ensure that recipients of federal funding “are shielded against being labeled with the ‘irreversible stigma’ of ‘discriminator’ until a certain level of agency process has determined that there was misconduct that warranted termination.” In other words, this process is a check on government overreach and all the harms that entails. The same principle applies to states trying to combat discrimination within their borders.

    Enforcing valid anti-discrimination laws is important. But there’s a significant danger when state actors attempt to use the rationale of anti-discrimination to regulate speech at private universities. If left unchecked, this backdoor regulation risks turning private universities into de facto extensions of the state — undermining both academic freedom and the First Amendment itself.

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