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lite.cnn.com - on gopher - inofficial | |
ARTICLE VIEW: | |
Trump and his allies are suddenly downplaying the First Amendment | |
Analysis by Aaron Blake, CNN | |
Updated: | |
1:58 PM EDT, Fri September 19, 2025 | |
Source: CNN | |
When Elon Musk took control of Twitter in 2022, he famously declared | |
himself a “.” He reinstated accounts that had been banned for . If | |
it wasn’t illegal, he signaled, it was fair game. | |
Musk expressed a very different view this week. | |
“The path forward is not to mimic the ACLU of the mid 90’s,” | |
White House adviser Stephen Miller (formerly Twitter), referring to the | |
epitomic free-speech-absolutist organization. “It is to take all | |
necessary and rational steps to save Western Civilization.” | |
Musk responded with one word: “.” | |
In other words: Free speech absolutism? Not so much anymore. We’ve | |
got a civilization to preserve. | |
Musk is hardly alone in this sentiment. As and his administration have | |
on the political left in the wake of last week, a growing number of | |
allies have suddenly expressed a narrower view of Americans’ free | |
speech rights. | |
Yes, they say, they support the First Amendment. But they also suggest | |
the times call for a new approach – one that’s often at odds with | |
their former rhetoric. | |
The other case in point is Republican Sen. Cynthia Lummis of Wyoming. | |
In an , Lummis was remarkably blunt about her own sudden recalculation. | |
“Under normal times, in normal circumstances, I tend to think that | |
the First Amendment should always be sort of the ultimate right,” she | |
said, “and that there should be almost no checks and balances on | |
it.” | |
Then she added: “I don’t feel that way anymore.” | |
The Wyoming senator suggested a crackdown on people saying “insane | |
things” and connected it to political violence like Kirk’s | |
assassination. | |
Just two years ago, Lummis introduced the “,” which would have | |
barred the government from directing online platforms to censor | |
constitutionally protected speech. “If we let the Biden | |
administration restrict our freedom of speech,” she said at the time, | |
“there is no telling what other sacred freedoms they will come for | |
next.” | |
Lummis said out loud what plenty of others have suggested. High-profile | |
Trump allies have also downplayed the importance of protecting free | |
speech rights at this moment, suggesting drastic times call for drastic | |
measures. | |
Attorney General Pam Bondi , in comments she later tried to clarify, | |
that the government would prosecute people for hate speech – this | |
despite the Supreme Court having affirmed over and over again that hate | |
speech is protected. | |
“There’s free speech, and then there’s hate speech – and | |
there’s no place, especially now, especially after what happened to | |
Charlie, in our society,” Bondi said on a podcast. | |
She later claimed she didn’t mean to refer to hate speech broadly, | |
but to speech that’s inciting violence. | |
On Fox News on Thursday, former Trump White House press secretary | |
Kayleigh McEnany said amid clear pressure from the Trump administration | |
“has nothing to do with the First Amendment.” | |
“For all the concern about ‘The First Amendment! The First | |
Amendment!’ I mean, they are apoplectic, Jesse,” McEnany . “What | |
about all the amendments that Charlie Kirk lost? Because Charlie Kirk | |
has no amendments right now. None.” | |
And perhaps most strikingly, Trump suggested Thursday that Kirk himself | |
might suddenly reevaluate his views on free speech if he were alive | |
today. | |
“Charlie said that there was no such thing as hate speech,” Fox | |
host Martha MacCallum told the president in an interview. She was | |
citing a 2024 Kirk quote in which he said hate speech “” and is | |
protected by the First Amendment. | |
“Yes,” Trump said, before adding: “He might not be saying that | |
now.” | |
Trump later complained that free speech has come to mean “you’re, | |
like, able to do anything.” | |
This exchange is particularly remarkable. Kirk’s past comments about | |
free speech are a problem for Trump’s new crackdown. Kirk , if there | |
ever was one. Many, including some on the right, have argued that what | |
Bondi was saying on Monday and what Trump is trying to do are anathema | |
to Kirk’s views – and it’s all being justified in his name. | |
And the fact that Trump now feels the need to explain away Kirk’s | |
comments on hate speech suggests he’s headed in a decidedly un-Kirk | |
direction on the issue of free speech. | |
That’s a shift from where he and his allies had been, even earlier in | |
this term. On Trump’s first day in office, he signed ostensibly aimed | |
at taking the government out of the speech-policing business. | |
“Government censorship of speech is intolerable in a free society,” | |
it said. Miller, likewise, in 2022 the “cornerstone of democratic | |
self-government” and equated censorship to fascism. | |
Not all Republicans are toeing the new line, though. Sen. Ted Cruz of | |
Texas on Friday became the strongest GOP critic yet of Federal | |
Communications Commission Chairman Brendan Carr’s role in pressuring | |
ABC to suspend Kimmel. | |
Cruz called it “dangerous as hell” and “right out of | |
‘Goodfellas,’” going on to argue Democrats would use that | |
precedent against conservatives when back in power. | |
“They will silence us,” Cruz added. “They will use this power, | |
and they will use it ruthlessly.” | |
The increasing question is whether the American people are going to | |
tolerate this sudden downplaying of First Amendment concerns. | |
It could be a tough sell, including on the right. | |
A for the New York Times opinion section showed just 30% of Americans | |
said there is sometimes a need to shut down free speech if it’s | |
“anti-democratic, bigoted or simply untrue.” Just 26% of | |
Republicans took this view. | |
A last year showed Americans said 59%-41% that free speech should be | |
unfettered – that it shouldn’t be restricted by content, speaker or | |
subject. And the right was much more likely to take that view; 70% of | |
Republicans and 77% of MAGA Republicans agreed there should be no such | |
restrictions. | |
Gauging views on speech is difficult, because “free speech | |
absolutism” is rarely truly absolute. Most everyone agrees that | |
things like inciting violence aren’t protected. | |
But the Trump administration is clearly targeting speech that comes up | |
well shy of that standard. Kimmel’s purported offense was saying | |
something that made it sound like Kirk’s assassin was MAGA. And Trump | |
is talking about stripping the licenses of broadcasters for being too | |
critical of him. | |
So they’ve set about trying to convince their supporters that the | |
times are extraordinary enough for truly extraordinary measures – | |
like disowning their own high-minded views from the very recent past. | |
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