The Trump Administration is engaged in a concerted campaign against Americans’ First Amendment free speech rights. Free speech is a core democratic value, directly related to human dignity, to human progress, and to the full exercise of citizenship. It is not without reason that free speech is ensconced at the beginning of the Bill of Rights. It is also worth noting that the Constitution might well not have been ratified had there not been an understanding that a bill of rights would be added. James Madison, sometimes called “the Father of the Constitution,” was a committed advocate of the bill of rights and the drafter of the amendments. When Trump and company attack free speech, they are assaulting one of the most fundamental principles of a free people.

The rapidity and sweeping nature of the attack is stunning. There is not enough space here even to touch on all of its dimensions. The catalyst, of course, is the assassination of Charlie Kirk, whose death has magically transubstantiated many on the Right who prided themselves on so-called free speech absolutism (often very shallow in form) into sudden advocates for the elimination of “hate speech” (which has long been constitutionally protected speech) . . . about Charlie Kirk. The breadth of speech that they sweep into that category is staggering — all truth be damned. And the consequences are devastating. Here is an article in The Chronicle of Higher Education that catalogs employees and students at universities and colleges who have been disciplined or suspended.  And that is just higher education.

The highest-profile case is, of course, ABC’s rapid suspension of Jimmy Kimmel, following threats by the chair of the Federal Communications Commission, Brendan Carr. Barb and I have joined the boycott and cancelled our Disney/ABC subscriptions (fortunately, we finished Andor just in time). And this is what we sent to ABC:

I am beyond disgusted that ABC has bowed to pressure from the Trump Administration and pulled Jimmy Kimmel’s show, following a statement he made on his show about the alleged shooter of Charlie Kirk and the MAGA reaction to it.  My wife and I have cancelled our subscriptions until Jimmie Kimmel is restored to the air.

FCC Chair Brendan Carr accused Kimmel of “lying,” said that you should remove him, and said it could be done “the easy way or the hard way.”

(1) Mr. Kimmel’s statement was wholly within the bounds of legitimate public discourse, even if a part of it later turned out to be incorrect based on new information.  In any case, it clearly qualifies as protected speech under the First Amendment. If the government had acted directly against Kimmel for his comments, it would be a crystal clear violation of his Constitutional rights. DO NOT DO THE GOVERNMENT’S DIRTY WORK FOR IT! That was a common tactic during the McCarthy Era: non-governmental organizations persecuting speech and speakers based on government pressure. YOU ARE HELPING DRAG US INTO A NEW MCCARTHYISM.

(2) The government DID threaten Disney/ABC directly when Carr made his threat about “doing it the easy way or the hard way.” If he acted on that threat, it would surely violate the First Amendment. Uttering the threat is in itself suspect: it is an act that chills discourse. STAND UP FOR YOUR CONSTITUTIONAL RIGHTS AND THE PRINCIPLES OF FREE SPEECH, WHICH ARE AT THE HEART OF YOUR INDUSTRY AND WHICH ARE ESSENTIAL TO A DEMOCRACY.

(3) Carr accused Kimmel of “lying.” What ABC appears to be indicating is that the FCC Chair and his boss, President Trump, are the arbiters of both truth and people’s intention.  IN THAT CASE, YOU HAVE ABDICATED YOUR PUBLIC TRUST. 

(4) Public figures and institutions have demonstrated that when you stand up to the Trump Administration, you win: Governor Pritzker, Harvard University, the AP, numerous federal employees, etc. JOIN THE RANKS OF THE COURAGEOUS, NOT THE COWARDS.

(5) Trump is on a tear to destroy the First Amendment and turn federal powers against his enemies. UNLESS YOU CHANGE COURSE, YOU WILL GO DOWN IN HISTORY AS AMONG THE COLLABORATORS WHO ENDED DEMOCRACY.

Please act quickly. Much more than your salaries and assets are at stake. Your Hulu/Fubo merger approval will mean nothing in a tyranny.

Michael Tomasky in The New Republic explains why this situation is so important. And here is AOC on the floor of the House today, speaking against a resolution to “honor the life and legacy of Charlie Kirk.” And, a good analysis of the first-amendment issues here.

We are in dark times indeed, but people are still working to speak truth to power.