We are in a very dark place as the Trump administration targets the First Amendment

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My ethics and diversity class on Wednesday was devoted to a brief overview of First Amendment law. The class comprises nine graduate students and advanced undergrads, and they have shown throughout the semester that they are engaged and compassionate young people.

I began with a video in the news. You’ve probably seen it. It shows black-clad, masked thugs, apparently with ICE, approaching a young woman on a sidewalk at Tufts University, hauling her off to a van and driving her away. Her name is Rumeysa Ozturk, and she’s a Ph.D. student and a Turkish citizen who’s in the U.S. on a student visa.

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It’s the latest shocking image in a series of shocking images we’ve been subjected to recently as the Trump administration — my friend Adam Gaffin of Universal Hub has simply taken to calling it “the regime” — tracks down international students who have been involved in some form of pro-Palestinian activism and targets them for deportation.

The only activity I have seen attributed to Ozturk that might have led to her being targeted is an op-ed she helped write calling on the university to recognize Israel’s actions in Gaza as “genocide” and to divest from Israel. You may agree or disagree; I mostly disagree, though I am appalled by the brutal manner in which Israel’s Netanyahu government has pursued its war against the terrorists of Oct. 7, 2023. But the First Amendment gives Ozturk an absolute right to speak and write freely, regardless of whether she’s a citizen.

According to accounts in The Tufts Daily student newspaper and Cambridge Day, thousands of protesters gathered in Somerville Wednesday night to show their support for Ozturk.

Cambridge Day reporter Jodi Hilton quoted Asli Memisoglu, a native of Turkey who graduated from Tufts in 1987, as saying: “One thing I’ve always cherished was the sanctity of free speech, but that’s threatened now.”

In The Tufts Daily, Emily Isaac, a Somerville resident, said: “People are always going to fight back. Everyone likes to say what they would have done during a historical atrocity, or during times of fascism, and I think it’s important to recognize the signs of when it’s happening.”

I wish I could say that Isaac was overstating matters.

Since Trump began his second term on Jan. 21, authoritarianism has descended upon us swiftly and mercilessly. Universities, law firms and public media organizations have all been targeted, and the people who are running them don’t know whether they should fight, surrender or find some sort of middle ground. Immigrants are whisked off to hellish prisons in El Salvador on the flimsiest of pretexes. Our country is quickly becoming unrecognizable.

On Threads last night, I saw a comment from someone who is definitely not a Trumper that, well, this is what people voted for. My response: Democracy without protection for individual rights is just another word for dictatorship.

We are in very bad shape, and the courts can only do so much.

Trump extorts a major law firm — then lies to make the deal sound even worse

Illustration via Pixabay

To make the humiliation complete, Donald Trump has apparently lied about the agreement he reached with Brad Karp, chair of the law firm Paul Weiss, in order to cast the terms of surrender as being even worse than they actually were.

According to a four-byline article in The New York Times (gift link), Trump’s claim that Paul Weiss had agreed to end its diversity, equity and inclusion program appears to be false. So, too, is Trump’s assertion that the firm had admitted to “wrongdoing” on the part of former Paul Weiss lawyer Mark Pomerantz, who had worked for the prosecution in Trump’s hush-money trial — you know, the one in which Trump was found guilty of 34 felonies, a verdict that still stands.

The Times reports:

The copy of the agreement that Mr. Karp shared with Paul Weiss differed in some ways from Mr. Trump’s characterization of the deal in a post on his social media platform, Truth Social.

Although Mr. Trump said the law firm had specifically agreed to not follow any diversity, equity and inclusion policies in its hiring practices, there is no reference to D.E.I. in the agreement that Mr. Karp shared. Mr. Trump has mounted an aggressive campaign against diversity initiatives in the federal government, labeling it as a form of workplace discrimination.

There also was no mention of Mr. Pomerantz, the former Paul Weiss partner, in the copy of the agreement circulated by Mr. Karp. Five people briefed on the matter said Mr. Karp said he did not criticize Mr. Pomerantz with the president, in spite of Mr. Trump’s assertion to the contrary.

In a statement issued on Thursday evening, Mr. Pomerantz denied he had done anything wrong.

Karp deserves no sympathy. It was bad enough that he was willing to cut a deal with the extortionist-in-chief rather than stand strong. It’s just interesting that Trump would succeed in this corrupt scheme and then decide that it wasn’t enough. He couldn’t resist the urge to pile on false details that made Karp and his firm look even worse.

A libel verdict against Greenpeace may destroy the organization — and weaken the First Amendment

Standing Rock protest in St. Paul, Minn. Photo (cc) 2016 by Fibonacci Blue.

Earlier this week, a North Dakota jury delivered a verdict on behalf of a large energy company that may destroy the environmental organization Greenpeace — and that could inflict significant damage on the First Amendment as well.

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According to reporters Jeff Brady and Alejandra Borunda of NPR, the jury ruled in favor of Energy Transfer, which built the Dakota Access oil pipeline, and which accused Greenpeace in a civil suit of libel, trespassing and other offenses. The jury awarded Energy Transfer $660 million, which Greenpeace officials have said could force the organization to cease operations.

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Trump whacks the Voice of America; plus, tariffs kill a newspaper, and the Globe Spotlights New Bedford

William Harlan Hale delivering the first Voice of America Broadcast on Jan. 1, 1942. Photo via Wikipedia.

When a coup takes place in other countries, we sometimes learn that news programming is taken off the air and replaced with patriotic music. I don’t know what kind of music has been playing on Voice of America since Saturday morning. What I do know is that dictators like Viktor Orbán, Vladimir Putin and Xi Jinping found it pleasing to their ears.

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There is a danger at moments like this to breeze past stories such as the virtual shutdown of Voice of America because we knew it was coming anyway, and because there are more immediate matters with which to grapple, including illegal arrests and deportations. But the Trump White House’s shutdown of Voice of America, though not surprising, is nevertheless a moment worth paying careful attention to as the authoritarian regime headed by Donald Trump tightens its grip.

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The Khalil arrest shows why we must protect ‘freedom for the thought that we hate’

The 1915 International Congress of Women in The Hague. Rosika Schwimmer is fourth from left. Photo via Wikipedia.

What is the First Amendment for? Quite simply, it is for protecting our right to express views that are unpopular or even offensive. There’s more to it than that, of course, and it’s not unlimited. But it surely is there to act as a shield for Mahmoud Khalil, a Palestinian activist who Donald Trump’s jackbooted thugs have arrested and who the administration is now trying to deport to — well, somewhere.

Khalil was involved pro-Palestinian activism at Columbia University last spring. As Philip Marcelo of The Associated Press reports, “The White House … claimed Khalil organized protests where pro-Hamas propaganda was distributed.” But Khalil also holds a green card, making him a permanent resident of the United States. Moreover, the First Amendment extends to anyone in the U.S., citizen or non-citizen, legal resident or undocumented immigrant.

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Nearly a century ago, Oliver Wendell Holmes Jr. had a few things to say about another non-U.S. citizen with unpopular views. Rosika Schwimmer was a Hungarian immigrant, feminist and pacifist who sought to become a U.S. citizen. She was turned down because she refused to take the oath of citizenship, believing that it obliged her to take up arms if ordered to do so — notwithstanding the reality that, as a woman, she would have been exempt from military service.

Her case ended up before the Supreme Court, which, in 1929, on a 6-3 vote, overturned an appeals court ruling in her favor. Justice Holmes wrote an eloquent dissent that is still invoked as a defense of the First Amendment’s true meaning. He said in part:

Some of her answers might excite popular prejudice, but, if there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought — not free thought for those who agree with us, but freedom for the thought that we hate. I think that we should adhere to that principle with regard to admission into, as well as to life within, this country.

“Freedom for the thought that we hate” is a concise and compelling explanation of why the First Amendment matters, and it’s a phrase that we’ve all heard over and over again. Anthony Lewis even made it the title of one of his books.

And it’s why Trump is acting illegally and unconstitutionally in holding Mahmoud Khalil for deportation. Khalil has not been charged with a crime. He has not been accused of providing material assistance to Hamas. Rather, he is being singled out for his political views. And let’s be honest — Trump is doing this in a deliberate attempt to rekindle left-wing activism on behalf of the Palestinians in order to harm Democrats, universities and anyone else who stands in the way of his authoritarian project.

New York Times columnist Michelle Goldberg has called Khalil’s arrest the most significant threat to free speech since the Red Scare of the 1940s and ’50s. “If someone legally in the United States can be grabbed from his home for engaging in constitutionally protected political activity, we are in a drastically different country from the one we inhabited before Trump’s inauguration,” she wrote. And indeed, Trump has boasted that more arrests will follow.

Schwimmer, at least, was allowed to remain in the U.S. as a non-citizen. She eventually moved to New York City and died in 1948. Khalil’s fate has yet to be determined.

From Ruth Marcus’ resignation to Karoline Leavitt’s praise, another embarrassing week for the WashPost

Ruth Marcus. 2017 public domain photo by the U.S. Department of Agriculture.

I don’t necessarily feel obliged to chronicle every rung that The Washington Post hits on the way down to wherever it ultimately lands. But there were three developments this week that I thought were worth taking note of as we ponder owner Jeff Bezos’ strange, dispiriting journey into MAGA-land.

1. Another resignation. Ruth Marcus resigned from the opinion section following publisher Will Lewis’ cancellation of a column she wrote criticizing Bezos’ edict that the section will henceforth be devoted to “personal liberties and free markets.”

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Marcus, a moderate who is a former deputy editor of the section, is a lifer, unflashy and unpretentious. In a way, for such a core member of the Post to decide she’d had enough is even more disturbing than it is to lose someone with more of a following who can easily slide over to The New York Times, The Atlantic or Substack.

Writing in The New Yorker, she confirms something I suspected — that she’d already pretty much decided to resign and wrote her column with an eye toward leaving in a blaze of glory. She includes the text of the column, and, as she notes, it is mild and restrained. She knew it would likely be killed, but she says she wrote it with an eye toward having it appear in the Post.

She also tells us that Bezos, despite compiling a stellar record of strength and independence from the time he bought the Post until a little more than a year ago, nevertheless gave off some warning signals along the way. Even as he was publicly standing up to Donald Trump during Trump’s first term, he was also pushing the opinion section to find a few good things to say about him. Not a big deal at the time, but ominous in retrospect.

“I wish we could return to the newspaper of a not so distant past,” Marcus writes. “But that is not to be, and here is the unavoidable truth: The Washington Post I joined, the one I came to love, is not The Washington Post I left.”

2. Titanic, deck chairs, etc. Even as Bezos transforms the Post into a laughingstock (not the news section, I should point out, though few readers draw that distinction), Lewis and executive editor Matt Murray continue to make plans that they hope will connect with readers more effectively than the current product. I wish I could think of a more original metaphor than rearranging the deck chairs of the Titanic, but that’s what comes to mind.

Axios media reporter Sara Fischer writes that the paper will divide its national desk in two. One part of it will focus on non-political national reporting, and the other will be devoted exclusively to politics and government. The Post has struggled for years to appeal to readers whose primary interest is something other than politics, and that has a lot to do with its circulation slide and mounting losses following Joe Biden’s victory in 2020.

By contrast, the Times continues to grow and prosper, largely on the strength of its lifestyle brands. The Post is stuck not just with a politics-centric audience, but with an audience that it’s alienated through Bezos’ high-handed moves, starting with his cancellation of a Kamala Harris endorsement just before the election.

“I want to make sure there are a few areas that are equally staffed and strong to make sure we’re always putting a strong foot forward and that we’re not just the politics paper, even though that’s important to who we are,” Murray told Fischer.

Frankly, I doubt it will work. What might work is an idea that Lewis floated some months back to publish local newsletters for an extra subscription fee that would serve the chronically undercovered metro Washington area. But now you have to wonder how well that would be received with The Washington Post brand on it.

3. Uncomfortable praise. Bezos must have been so proud Tuesday when White House press secretary Karoline Leavitt went out of her way to praise the Post.

“It appears that the mainstream media, including the Post, is finally learning that having disdain for more than half of the country who supports this president does not help you sell newspapers,” Leavitt was quoted as saying. “It’s not a very good business model.”

As media reporter Oliver Darcy noted, it’s not likely that Leavitt had the newsroom restructing in mind. “Instead,” he wrote, “one imagines she was probably applauding Bezos’ push to shift the opinion section to the right.”

Yes, one imagines. What an embarrassment.

A couple of weekend reads from the Times that stand out from the daily Trump din

Illustration based on a photo (cc) 2016 by Gage Skidmore

Today I’m using my gift links to share two important stories from The New York Times. Amid the torrent of news about Donald Trump, I think these two articles rise above the din and underscore the menace he represents both to our democracy and to world peace.

People on both sides of the aisle who would normally be part of the public dialogue about the big issues of the day say they are intimidated by the prospect of online attacks from Mr. Trump and Elon Musk, concerned about harm to their companies and frightened for the safety of their families. Politicians fear banishment by a party remade in Mr. Trump’s image and the prospect of primary opponents financed by Mr. Musk, the president’s all-powerful partner and the world’s richest man.

“When you see important societal actors — be it university presidents, media outlets, C.E.O.s, mayors, governors — changing their behavior in order to avoid the wrath of the government, that’s a sign that we’ve crossed the line into some form of authoritarianism,” said Steven Levitsky, a professor of government at Harvard and the co-author of the influential 2018 book “How Democracies Die.”

He [Trump] told Mr. Trudeau [Justin Trudeau, the prime minister of Canada] that he did not believe that the treaty that demarcates the border between the two countries was valid and that he wants to revise the boundary. He offered no further explanation.

The border treaty Mr. Trump referred to was established in 1908 and finalized the international boundary between Canada, then a British dominion, and the United States.

Mr. Trump also mentioned revisiting the sharing of lakes and rivers between the two nations, which is regulated by a number of treaties, a topic he’s expressed interest about in the past.

Canadian officials took Mr. Trump’s comments seriously, not least because he had already publicly said he wanted to bring Canada to its knees. In a news conference on Jan. 7, before being inaugurated, Mr. Trump, responding to a question by a New York Times reporter about whether he was planning to use military force to annex Canada, said he planned to use “economic force.”

Is he still talking? Making sense of Trump’s nonsense address to Congress

My evening began at church with a Shrove Tuesday pancake supper. From there, it was all downhill.

The early moments of Donald Trump’s endless address to Congress (is he still talking?) made me think about Joe Biden’s final State of the Union address last March. It was, perhaps, Biden’s last really good public moment. Seated behind him, Kamala Harris was thoroughly enjoying herself while Mike Johnson looked glum.

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Now we are in the midst of chaos, all of it self-inflicted by Trump and his prime minister, Elon Musk. Authoritarianism, Three Stooges-style (who is the third Stooge?), is on the rise.

I don’t really have a coherent take on Tuesday night’s ugly proceedings, but here are a few thoughts. I’m curious to know what you thought, too.

Continue reading “Is he still talking? Making sense of Trump’s nonsense address to Congress”

After the ambush of Zelenskyy, some smart commentary — and an exceedingly dumb take

I share the shock and revulsion of every decent person over Donald Trump and JD Vance’s shameful attack Friday on Ukrainian President Volodymyr Zelenskyy. We are sliding into authoritarianism, and Trump has made it eminently clear that his role model is Russia’s homicidal dictator, Vladimir Putin.

There are any number of places you can go for analysis that’s sharper and better-informed than mine, but I do what to share a few tidbits I’ve gleaned in my reading over the past day.

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Among the more interesting questions is whether this happened spontaneously or if Trump and Vance ambushed Zelenskyy. Tom Nichols of The Atlantic argues for the latter (gift link). His evidence: the very fact that Vance spoke up, which was not something he would normally be expected to do and was almost certainly scripted in advance. Nichols writes:

Vance’s presence at the White House also suggests that the meeting was a setup. Vance is usually an invisible backbencher in this administration, with few duties other than some occasional trolling of Trump’s critics. (The actual business of furthering Trump’s policies is apparently now Elon Musk’s job.) This time, however, he was brought in to troll not other Americans, but a foreign leader. Marco Rubio — in theory, America’s top diplomat — was also there, but he sat glumly and silently while Vance pontificated like an obnoxious graduate student.

Also of note is that New York Times political reporter Peter Baker is speaking truth to power. Baker often gets criticized for showing Trump too much deference and normalizing his sociopathic behavior. On Wednesday, though, Baker compared Trump’s treatment of the media to Putin’s during his early days of establishing his authority. Baker was covering Moscow at that time, and he said Trump’s banishment of The Associated Press over the news agency’s refusal to call the Gulf of Mexico the “Gulf of America” was reminiscent of Putin’s efforts to mold  “a collection of compliant reporters who knew to toe the line or else they would pay a price.”

Baker added we’re still a long way from Trump ordering that anti-regime journalists be poisoned. But it was a harsh characterization of Trump from someone who usually likes to keep his options open. I’d say there’s no going back.

And indeed, Baker brought the truth with him again on Friday, writing this as a riposte to Trump’s invocation of “the Russia hoax” in his meeting with Zelenskyy. Baker says:

In fact, the investigation by the special counsel Robert S. Mueller III was no hoax and concluded definitively that Mr. Putin ordered an intelligence operation to tilt the election eight years ago to Mr. Trump. Although Mr. Mueller said in his final report in 2019 that “the evidence was not sufficient to support criminal charges,” he made clear that Mr. Trump’s campaign benefited from Russian assistance.

Baker could have gone one step further and pointed out that Mueller may well have charged Trump with criminal acts were it not for guidance from the Justice Department that a sitting president is exempt. Still, good for Baker for reminding everyone that the 2016 Trump campaign was awash in Russian influence.

Finally, Washington Post columnist Marc A. Thiessen, an enthusiastic Trumper, wrote an embarrassing column (gift link if you’re interested) on Thursday headlined “Trump just dealt Russia a devastating blow,” with the subhead “A deal for Ukraine’s minerals could effectively end the war.” That deal, of course, was what Zelenskyy had supposedly come to the White House to sign, only to be sandbagged by Trump and Vance.

So how did Thiessen react? Naturally, he took to Twitter and blasted Zelenskyy, writing:

There was no ambush. Z was set up for success. All he had to do was not get into a public fight and sign the minerals deal. Not hard. A lot of work went into making a successful moment possible and he blew it and then refused to apologize.

Thiessen has been at the Post for years, so you can’t blame this on Jeff Bezos’ edict that the Post’s opinion section is going full MAGA. But this is the sort of garbage you can expect will be rewarded, while the future of liberal columnists like Dana Milbank, Ruth Marcus and Jonathan Capehart is left very much in doubt.

Jeff Bezos blows up The Washington Post’s opinion section, embracing all MAGA, all the time

Jeff Bezos. Illustration (cc) 2017 by thierry ehrmann.

I was hoping that Jeff Bezos had gotten it out of his system. After his disastrous decision to cancel The Washington Post’s planned endorsement of Kamala Harris, which cost the paper some 250,000 subscriptions, and his subsequent sucking up to Donald Trump, the billionaire had been quiet recently.

The news section’s coverage of the calamitous Trump White House has been excellent, and the Post’s deputy managing editor, Mike Semel, has said that subscriber conversions “are strong and growing at a near-record pace,” according to media reporter Oliver Darcy.

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But it was too good to be true. New York Times media reporter Benjamin Mullin reports (gift link) that opinion editor David Shipley is quitting after Bezos issued an edict calling for the section to go full MAGA. No longer will the Post offer a heterodox opinion section of liberals, moderates and conservatives. Rather, it will be more like The Wall Street Journal’s ultraconservative opinion section, only (I’ll predict) not as smart. Mullin writes:

“I am of America and for America, and proud to be so,” Mr. Bezos said, in an email to The Post’s employees on Wednesday. “Our country did not get here by being typical. And a big part of America’s success has been freedom in the economic realm and everywhere else. Freedom is ethical — it minimizes coercion — and practical; it drives creativity, invention and prosperity.”

In his note, Mr. Bezos said that he asked Mr. Shipley whether he wanted to stay at The Post, and Mr. Shipley declined.

“I suggested to him that if the answer wasn’t ‘hell yes,’ then it had to be ‘no,’” Mr. Bezos wrote.

You can read the full text of Bezos’ message on Mullin’s Bluesky feed.

Shipley had to endure the embarrassment of the Harris non-endorsement and then took one for the team when he killed an Ann Telnaes cartoon mocking Bezos and other corporate titans as they groveled at Trump’s feet. Shipley’s reasoning at the time — that there had already been enough of such opinionating — was disingenuous, and Telnaes, a Pulitzer Prize winner, quit. But Shipley is standing tall today.

I have to assume this will set off a mass exodus from the Post’s opinion section. Good thing that Jonathan Capehart survived the purge at MSNBC that claimed Joy Reid.

A few random observations:

• Bezos says, “We are going to be writing every day in support and defense of two pillars: personal liberties and free markets. We’ll cover other topics too of course, but viewpoints opposing those pillars will be left to be published by others.” Hmmm … personal liberties and free markets? If Bezos is serious, then that would mean the new Post opinion section will be deeply anti-Trump: opposed to tariffs and in favor of reproductive and LGBTQ rights. But of course that’s not what he means. He’s adopting the up-is-down rhetoric of the MAGA movement.

• Bezos explicitly rejects the idea of a heterodox opinion section, arguing that it’s not necessary because “the internet does that job.” For years, the Post’s opinion section has been center-right, with a few liberals and a few Trumpers. Now The New York Times stands alone of the three major national papers in offering something close to the full spectrum. It’s kind of the mirror image of what the Post had been up until now — that is, the Times has been center-left, with a few conservatives but no Trump supporters.

• Does Bezos want the Post’s news pages to continue as tough, fair, independent truth-seekers with no interference from the owner? That’s how it works at the Journal, whose news pages continue to kick butt despite the right-wing opinion section and despite Murdoch ownership. Bezos was a very good steward of the Post from the time he bought it in 2013 until about a year ago, when he hired Fleet Street veteran and former Murdoch executive Will Lewis as publisher and kept him on even as questions about Lewis’ ethics mounted. I’m hoping for the best from the Post’s news section, but I’m bracing for the worst.