During the Covid pandemic, nations realized they needed to work together to keep their people safe. That’s where the World Health Organization comes in.
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Tag: Stop
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Decoder Replay: Bacteria doesn’t stop at the border
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When Will We Stop Moving to the Riskiest Regions? (PBS Terra)
Higher Education Inquirer : Climate Change: When Will We Stop Moving to the Riskiest Regions? (PBS Terra)
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Trump’s stated promise: ‘Stop all government censorship’ and his free speech Executive Order — First Amendment News 454
Unprecedented.
Let’s begin with President Donald Trump’s second inaugural address (Jan. 20), if only to contrast it with last week’s condemnation of his lawsuit against J. Ann Selzer, the Des Moines Register, and its parent company Gannett (see also FAN 451, 449 and 436).
Ready? Here it goes:
After years and years of illegal and unconstitutional federal efforts to restrict free expression, I will also sign an executive order to immediately stop all government censorship and bring back free speech to America.
Never again will the immense power of the state be weaponized to persecute political opponents, something I know something about. We will not allow that to happen. It will not happen again. Under my leadership, we will restore fair, equal, and impartial justice under the constitutional rule of law.
Never again! It will not happen again! Stop all government censorship!
And there’s more: When it comes to free speech, all views will be treated with “impartial justice.” Against that promissory note, let us turn to his unprecedented executive order as discussed below.
Executive Order: Jan. 20, 2025
By the authority vested in me as President by the Constitution and the laws of the United States of America, and section 301 of title 3, United States Code, it is hereby ordered as follows:
What follows is a brief description of the Executive Order along with some preliminary comments.
Section 1. Purpose
This section opens with an attack on the Biden administration’s alleged “trampl[ing of] free speech rights” when it comes to “online platforms.” Such abridgments, it is asserted, were done in the name of combating “misinformation,” “disinformation,” and “malinformation” in order to advance the Biden administration’s “preferred narrative.”
Note at the outset that this section is primarily addressed to reversing the Biden administration’s apparent censorship of online expression. Even so, there is a generalized statement: “Government censorship of speech is intolerable in a free society.”
Keep that in mind when it comes to what is set out in Section 4 below.
Section 2. Policy
This section focuses on four commitments: (i) securing free speech rights of all “American[s]”; (ii) mandating that “no [federal] agent engages in or facilitates” abridgments of free speech; (iii) ensuring that no “taxpayer resources” are used to abridge free speech; and (iv) identify and correct any past federal abridgments of free speech.
Unlike Section 1, the explicit focus of this section is not confined to any free speech abridgments committed by the previous administration. The focus is on securing free speech rights of “citizens.” Hence, the policy is directed to an affirmative obligation of the Executive branch to protect free speech rights. The operative action words are “secur[ing],” “ensur[ing],” and “identify[ing].”
Thus, there is a duty to ensure that no federal officers are used or taxpayer dollars expended in violation of the Speech Clause of the First Amendment. Also, unlike Section 1, much of Section 2 applies to all free speech rights and not those confined to social media. There is also a promise to investigate for any and all existing abridgments of free speech committed by “past misconduct by the Federal Government.”
Section 3. Ending Censorship of Protected Speech
Like Section 1, this section focuses on the actions of the past administration (i.e., abridgments committed “over the past four years”). This section, unlike section 2, explicitly applies to federal departments and agencies, though it also applies to federal officers, agents and employees. Such agencies and departments must comply with the requirements of Section 2.
The second portion of this section deals with the investigative powers of the attorney general working “in consultation with the heads of executive departments and agencies.” Again, this investigation is confined to wrongs committed by the past administration. Following such investigations, a “report” shall be submitted to the President suggesting “remedial actions.”
Much of this section seems repetitive of what is set out in Section 2, save for the references to federal departments and agencies and the need for investigation followed by a report to the President. Note that under Section 3, remedial action is suggested, whereas under Section 4, per this Executive Order, remedial action against the United States and its officers is prohibited.
Section 4. General Provisions
In order to appreciate the import of this clause, it is best to quote the final provision (sub-section (c) it in its entirety (with emphasis added):
This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The opening provisions of this Section refer to authorizations of grants of executive power. The Order is to be implemented consistent with the “applicable law and subject to the availability of appropriations.”
Importantly, While the First Amendment is a prohibition against the federal government and all its officers, this Executive Order:
- applies to free speech wrongs committed during “the last 4 years” or “past misconduct by the Federal Government” or abridgments occurring “over the last 4 years,” though there is a passing mention of securing the free speech rights of all “American[s].”
- Yet even as against such past alleged free speech wrongs, the sole remedy is by way of corrective action taken by the Executive Branch.
- If such corrective action, or any other actions taken by Executive officials in pursuance of this Executive Order, themselves abridge First Amendment rights, there is no independent remedy secured by the Order.
Related
- Alex Abdo, “A Free Speech View on the ‘Free Speech’ Executive Order,” Just Security (Jan. 21)
- Eugene Volokh, “TikTok’s Tech Partners Face Massive Legal Risks by Relying on Trump’s Promises Not to Enforce the Ban Law,” The Volokh Conspiracy (Jan. 21)
- Josh Blackman, “President Trump’s TikTok Executive Order,” The Volokh Conspiracy (Jan. 21)
- “Trump Issues Executive Order to Suspend U.S. TikTok Ban. But Can It Stick?” First Amendment Watch (Jan. 21)
- “Trump Order Aims to Dismantle What He Calls Government ‘Censorship’ of U.S. Citizens,” First Amendment Watch (Jan. 21)
- “Legal Scholar Samantha Barbas on Press Freedom Under Trump,” First Amendment Watch (Jan. 15)
- Nikki McCann Ramirez, “Trump Says We ‘Gotta’ Restrict the First Amendment,” Rolling Stone (Aug. 26)
- George Freeman, “Beware the Attacks on the First Amendment by a Trump Presidency,” Media Law Resource Center (August 2024)
- “How Trump’s Proposed Radical Expansion of Executive Power Will Impact Our Freedoms,” ACLU (July 11)
FIRE weighs in with its own free speech recommendations to the President
Below are the four general categories of recommendations made (see link above for specifics):
- Support the Respecting the First Amendment on Campus Act
- Address the abuse of campus anti-harassment policies
- Rein in government jawboning
- Protect First Amendment rights when it comes to AI
“As president, Trump inherits the privilege and the obligation to defend the First Amendment rights of all Americans, regardless of their viewpoint — and FIRE stands ready to help in that effort.”
Justice Ketanji Brown Jackson in free expression mode at the Inauguration?
Justice Ketanji Brown Jackson at the inauguration of Donald Trump on Jan. 20, 2024. (Imagn Images) According to Christopher Webb, such “a distinctive collar adorned with cowrie shells . . . are believed to offer protection from evil in African traditions.” (See also, Josh Blackman, “Justice Jackson Did Not Wear a Dissent Collar To The Inauguration. She Apparently Wore a Talisman To Ward Off Evil,” The Volokh Conspiracy (Jan. 21))
Excerpts from Virginia Court of Appeals decision in Patel v. CNN, Inc.
Kash Patel, seen here at the 2023 Conservative Political Action Conference, is President Donald Trump’s nominee to head the FBI. (Consolidated News Photos / Shutterstock.com) An excerpt from today’s Virginia Court of Appeals decision in Patel v. CNN, Inc., decided by Judge Rosemarie Annunziata, joined by Judge Vernida Chaney (the opinions weigh in at over 12,000 words, so I only excerpt some key passages).
Abortion picketing case lingers on docket
The cert. petition in the abortion picketing case, with Paul Clement as lead counsel, has been on the Court’s docket since July 16 of last year. It has been distributed for conferences seven times, the last being Jan. 21. In his petition, Mr. Clement (joined by Erin Murphy) explicitly called on the Court to “overrule Hill v. Colorado.” (See FAN 433, July 31, 2024))
Paul Clements and Erin Murphy 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
Last scheduled FAN
FAN 453: “‘The lawsuit is the punishment’: Reflections on Trump v. Selzer”
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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FIRE to University of Texas at Dallas: Stop censoring the student press
The University of Texas at Dallas has a troubling history of trying to silence students. Now those students are fighting back.
Today, the editors of The Retrograde published their first print edition, marking a triumphant return for journalism on campus in the face of administrative efforts to quash student press.
Headlines above the fold of the first issue of The Retrograde, a new independent student newspaper at UT Dallas. Why call the newspaper The Retrograde? Because it’s replacing the former student newspaper, The Mercury, which ran into trouble when it covered the pro-Palestinian encampments on campus and shed light on UT Dallas’s use of state troopers (the same force that broke up UT Austin’s encampment just one week prior) and other efforts to quash even peaceful protest. As student journalists reported, their relationship with the administration subsequently deteriorated. University officials demoted the newspaper’s advisor and even removed copies of the paper from newsstands. At the center of this interference were Lydia Lum, director of student media, and Jenni Huffenberger, senior director of marketing and student media, whose titles reflect the university’s resistance to editorial freedom.
The conflict between the paper and the administration came to a head when Lum called for a meeting of the Student Media Oversight Board, a university body which has the power to remove student leaders, accusing The Mercury’s editor-in-chief, Gregorio Olivares Gutierrez, of violating student media bylaws by having another form of employment, exceeding printing costs, and “bypassing advisor involvement.” Yet rather than follow those same bylaws, which offer detailed instructions for removing a student editor, Lum told board members from other student media outlets not to attend the meeting. A short-handed board then voted to oust Gutierrez. Adding insult to injury, Huffenberger unilaterally denied Gutierrez’s appeal, again ignoring the bylaws, which require the full board to consider any termination appeals.
The student journalists of The Retrograde have shown incredible spirit. With your help, we can ensure their efforts — and the rights of all student journalists — are respected.
In response, The Mercury’s staff went on strike, demanding Gutierrez’s reinstatement. To help in that effort, FIRE and the Student Press Law Center joined forces to pen a Nov. 12, 2024 letter calling for UT Dallas to honor the rights of the student journalists. We also asked them to pay the students the money they earned for the time they worked prior to the strike.
UT Dallas refused to listen. Instead of embracing freedom of the press, the administration doubled down on censorship, ignoring both the students’ and our calls for justice.
FIRE took out a full page ad in support of The Retrograde at UT Dallas. In our letter, we argued that the university’s firing of Gutierrez was in retaliation for The Mercury’s unflattering coverage of the way administrators had handled the encampments. This is not even the first time UT Dallas has chosen censorship as the “best solution;” look no further than in late 2023 when they removed the “Spirit Rocks” students used to express themselves. Unfortunately, the university ignored both the students’ exhortations and FIRE’s demands, leaving UT Dallas without its newspaper.
But FIRE’s Student Press Freedom Initiative is here to make sure censorship never gets the last word.
Students established The Retrograde, a fully independent newspaper. Without university resources, they have had to crowdfund and source their own equipment, working spaces, a new website, and everything else necessary to provide quality student-led journalism to the UT Dallas community. They succeeded, and FIRE is proud to support their efforts, placing a full-page ad in this week’s inaugural issue of The Retrograde.
The fight for press freedom at UT Dallas is far from over — but we need your help to make a difference.
Demand accountability from UT Dallas. The student journalists of The Retrograde have shown incredible spirit. With your help, we can ensure their efforts — and the rights of all student journalists — are respected.
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How To Stop Multitasking And Get More Done
Time Blocking: How To Stop Multitasking And Get More Done
