Civil Liberties, Civil Rights, Freedom Of Speech, genocide, Human Rights, Violations of U.S. and International Law
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Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance
Civil liberties attorney Cindy Cohn is widely recognized as one of the leading voices on digital freedom in the United States. As she prepares to step down as executive director of the Electronic Frontier Foundation, or EFF, she leaves behind a 25-year legacy at the forefront of the fight for online rights. Over the years, she has helped shape some of the most important debates around encryption, government surveillance, and freedom on the internet.
Cohn first rose to national prominence in the 1990s as lead counsel for the EFF and PhD student Daniel Bernstein in Bernstein v. Department of Justice. That was the landmark case establishing that computer code is protected speech under the First Amendment. During the height of the so-called “crypto wars,” that decision helped free encryption from government control and shaped the security of the modern internet.
As legal director, and then as executive director, at EFF, Cindy has led major legal challenges to NSA mass surveillance. She as defended independent security researchers, fought government overreach justified in the name of national security, and pushed back against expanding corporate data collection. A central voice at the intersection of law and technology she has shaped debates over encryption, privacy, online speech, and civil liberties in the digital age. Her new book, Privacy’s Defender, published by MIT Press, reflects on those battles and what comes next.
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Furious Minds: The Making of the MAGA New Right
By all that is right and just, we will be rid of Donald J. Trump as President of the United States on January 20, 2029. But we will not be rid of the tremendous damage he is causing to our country. And we will not be rid of the cruel, populist, racist, White Christian, patriarchal, and nationalist MAGA New Right ideology that now dominates the Republican Party. Even after Trump decamps to Mar-a-Largo, MAGA will continue to pose an existential threat to our constitutional democracy.
We need to fully understand that there is an extensive, well-financed ideological structure made up of think tanks, publications, university institutes, and PhDs, that provide an intellectual patina to this dangerous movement. Unless the pro-democracy resistance exposes and dismantles the MAGA New Right, it will find replacements for Trump and will continue to wreck havoc, destroying the lives of people in the United States and around the world.
Guest – Laura K. Field is the author of the revealing new book Furious Minds: The Making of the MAGA New Right. Field holds a PhD in government from the University of Texas at Austin, and has written for The New Republic, Politico, and The Bulwark. Field’s exposure of the ideological foundations of the MAGA New Right is based on copious research and her own experiences while she was embedded in that movement. She says she is grateful she “extracted” herself from that world as she saw how untethered the mostly privileged male purveyors of MAGA’s dangerous tenets are from the everyday struggles of real people. She realized how dedicated they are to eliminating the hard-fought advances our pluralistic society has won based on the values of equality, compassion, and justice.
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Civil Liberties, Civil Rights, Freedom Of Speech, Human Rights, police accountability
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250th anniversary of the Declaration of Independence Signing
2026 is the 250th anniversary of signing of the Declaration of Independence and the founding of the United States of America. Festivities and events are being organized all over the country all year long. Here at Law and Disorder, we intend to invite guests throughout 2026 who can help us explore the Founding of our country in a way that is truthful, authentic, and comprehensive.
But like so much else in these dangerous times, President Donald Trump is ruining this rare opportunity to celebrate the enduring values of pluralism, justice, and equality on which this country was founded.
Instead, Trump is enlisting the entire federal government and billions of public and private dollars into converting this national anniversary into an opportunity to whitewash American history, pursuing his obsession to destroy diversity, equity and inclusion; crushing institutions like the Smithsonian Museums, that for 175 years have served as “a welcoming place of knowledge and discovery for all Americans;” and imposing his reactionary vision of White Christian nationalism.
Seeing how Trump is already exploiting the 250th anniversary of the Founding by peddling his distorted version of American history, our very own co-host Steve Rohde has been investigating what Trump is doing and how the rest of us need to redouble our efforts to immerse ourselves and the American people in an accurate and comprehensive account of our history.
Guest – Stephen Rohde is a writer, lecturer and political activist. For almost 50 years, he practiced civil rights, civil liberties, and intellectual property law. He is a past chair of the ACLU Foundation of Southern California and past National Chair of Bend the Arc, a Jewish Partnership for Justice. He is a founder and current chair of Interfaith Communities United for Justice and Peace; member of the Board of Directors of Death Penalty Focus, and a member of the Black Jewish Justice Alliance. He is the Special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council. Mr. Rohde is the author of the books American Words of Freedom: The Words That Define Our Nation and Freedom of Assembly and numerous articles and book reviews on civil liberties and constitutional history. He is a co-host of Law and Disorder Radio and Podcast. His new podcast Speaking Freely: Exploring the First Amendment with Stephen Rohde is available on Spotify. Rohde’s articles and book reviews can be found at Muck Rack | For journalists and public relations.
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Protesters Converge in Minneapolis Amid Tragic Aftermath
On a sub-zero afternoon on January 23, thousands gathered in Minneapolis to demand an end to ICE deportations and to confront the human cost of immigration enforcement. Many called openly for the abolition of ICE. Faculty, students, union members, and community organizers stood shoulder to shoulder in the freezing cold—bundled beyond recognition, passing out signs and hand warmers, chanting “ICE OUT” as Prince played over loudspeakers. It was a show of collective resolve: people braving the cold to insist on dignity, safety, and solidarity.
What made the day especially striking was how far people traveled to be there. Faculty drove hours across Minnesota; others flew in from across the country. Among them was Sandor John, a faculty leader from the Professional Staff Congress at CUNY, who came with students to stand alongside Minnesota educators and labor organizers. A small button reading “Education Not Deportation” captured the deeper message: this was not only about immigration policy, but about who belongs and whose labor is valued.
The conversation unfolded in the shadow of tragedy. The march occurred just one day before Minneapolis became the scene of another fatal encounter between federal immigration agents and a resident—37-year-old ICU nurse Alex Pretti, who was shot and killed by federal agents during an enforcement action. His death, and that of Renee Good, underscored that immigration enforcement is not an abstract policy debate. It’s a system with deadly consequences for people, including Black Americans, in the community.
Guest – Sandor John joins us today to describe what he saw on the ground in Minneapolis. Sandor is on the faculty at the City University of New York’s Hunter College. He’s a member of the Professional Staff Congress (PSC) faculty/staff union there and of the PSC’s Immigrant Solidarity Working Group.
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Academic Freedom, Censorship, Civil Liberties, Civil Rights, Freedom Of Speech, Human Rights, Immigration
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Federal Funding Capitulation: Northwestern Joins Columbia and Brown University
The day after Thanksgiving last year, in an deserved win for Donald Trump and a sad loss for higher education, Northwestern University joined Columbia and Brown universities by capitulating to Trump’s yearlong campaign to bribe American colleges and universities into paying ransom to restore millions of dollars of federal research grants he had illegally suspended on the pretext that the universities had failed to adequately monitor antisemitism on their campuses. Northwestern agreed to pay the Trump administration $75 million and entered into a three-year settlement agreement containing a host of provisions seriously impairing Northwestern’s educational independence and academic freedom.
Within days of the settlement, two law professors from Northwestern’s own law school, Heidi Kitrosser and Paul Gowder, went public alleging that the agreement was illegal and unconstitutional. They wrote: “Our analysis lays bare that the government’s extortion of Northwestern –unlawfully freezing funds to force the university to make a ‘deal’ – has nothing to do with actual legal violations at Northwestern (which, if they existed, could and should have been addressed through established legal channels), and everything to do with a campaign to encroach on the autonomy of Northwestern and other institutions of higher education, and to impose on them the Trump Administration’s reactionary political agenda.”
Guest – Heidi Kitrosser is the William W. Gurley Professor of Law at Northwestern Pritzker School of Law. She is an expert on the constitutional law, government secrecy and free speech law. Her book, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, was awarded the 2014 IIT Chicago-Kent College of Law / Roy C. Palmer Civil Liberties Prize. She is a 2017 recipient of a Guggenheim Fellowship. Prof Kitrosser has been involved in drafting several amicus briefs in recent years challenging threats to free speech, academic freedom, and government accountability. She is also a founding steering committee member of the Free Expression Legal Network. FELN is a network of law school clinics, academics, and practitioners (including nonprofits) across the country that seeks to promote and protect free speech, free press, and the flow of information.
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Prairieland Case Labeled First Prosecution of Antifa
On July 4, a small group of people gathered in front of the Prairieland Detention Center in Alvarado, Texas. They were protesting in solidarity with immigrants and ICE detainees, using noise and fireworks—ordinary tools on Independence Day. Police later claimed that an Alvarado officer was involved in an exchange of gunfire after arriving near the protest, sustaining minor injuries. Six months later, authorities have still not produced hospital records substantiating those claims.
Despite that, a federal grand jury in Fort Worth indicted nine people in connection with the July protest/ Seven others were charged separately. Charges include rioting, use of weapons and explosives, obstruction, providing material support to terrorists, and attempted murder of an Alvarado police officer and unarmed correctional officers.
The Trump administration has publicly framed the Prairieland case as the first prosecution of “Antifa.” On September 25, the White House issued a directive ordering federal law enforcement to prioritize so-called Antifa-linked activity as domestic terrorism. Kash Patel has echoed that framing, publicly labeling the defendants “Antifa-aligned anarchist violent extremists.”
Guest – Dario Sanchez, one of the defendants. A computer science teacher, Dario is caretaking for his injured partner since 2024. He was arrested at a pre-dawn raid on their home with no resistance. https://prairielanddefendants.com/
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Censorship, Civil Liberties, Criminalizing Dissent, Economics, Freedom Of Speech, Gaza, genocide, Human Rights, U.S. Militarism, Violations of U.S. and International Law
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From The Flag To The Cross: Fascism American Style
From The Flag To The Cross: Fascism American Style is the title of a recently published anthology edited by Zachary Sklar and our own Michael Smith. Co-host Jim Lafferty wrote the introduction. The book draws from seven key interviews with prominent socialist thinkers in the United States and Canada. They include Margaret Kimberly, Henry Giroux, Dianne Feeley and Bill Mullen. Bill will also be joining Michael and Jim in the guest seat. He’s Professor Emeritus of American Studies at Purdue University and author of We Charge Genocide! American Fascism and the Rule of Law.
Chris Hedges who is also included in this book, writes “when fascism comes to America, it will be mass of recitations of the pledge of allegiance, the Christian cross and the flag.” We’ll explore these frayed boundaries of Christian fascism, capitalism, and the assaults on free speech and censorship while highlighting the strategies of community based actions.
Guest – Michael Steven Smith is the author, editor, and co-editor of many books, mostly recently Imagine: Living In A Socialist U.S.A. and “The Emerging Police State,” by William M. Kunstler. He has testified before committees of the United States Congress and the United Nations on human rights issues. Mr. Smith lives and had practiced law in New York City with his wife Debby, where on behalf of seriously injured persons he sues insurance companies and occasionally the New York City Police Department.
Guest – Jim Lafferty is the Executive Director Emeritus of the National Lawyers Guild in Los Angeles and the host of The Lawyers Guild Show on Pacifica Radio’s Los Angeles station, KPFK. Jim has been a national leader in the peace and social justice movement for 60-years. He served as a national Coordinator of the National Peace Action Coalition, the group that organized the largest protests against the U.S. war in Vietnam, and in leadership positions in other peace coalitions opposing various imperialist U.S. wars. In the early 1960’s he was the national Director of the National Lawyers Guild during its historic work in the South. In the mid-1960’s until the 1980’s, Jim was in the private practice of law in Detroit, Michigan, where he specialized in Selective Service law, employment discrimination law, and civil rights law. He serves on the governing board of the A.C.L.U. of Southern California, is a member of the steering committee of the national Julian Assange Defense Committee, and a Fellow at the Institute for the Humanities at the University of Southern California.
Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and We Charge Genocide: American Ashes and the Rule of Law. He’s a contributor to the just published Law And Disorder book From the Flag to the Cross: Fascism American Style.
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Civil Rights, Criminalizing Dissent, Freedom Of Speech, Human Rights, Racist Police Violence, worker's rights
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We’re Coming for You and Your Whole Rotten System
Tens of thousands of socialists, union members, and working people fought alongside Kshama Sawant and her city council office to win historic victories, like the $15 an hour minimum wage, Amazon tax on businesses, renter rights and more. Long before AOC and Bernie Sanders became household names, Kshama won elections as a socialist to the office of city council in Seattle in 2013.
Twelve years ago the demand for $15 an hour was dismissed as utopian by the Democrats in Seattle and the corporate media. They won and moreover, they won an escalation clause. Seattle workers are now getting over $20 an hour, the highest in the country.
In 2020, her office won the historic Amazon tax which funds affordable housing and other needs to the tune of $214 million a year by taxing the city’s, wealthiest corporations. Sawant launched the people’s budget campaign, organizing hundreds of activists every year and winning millions of dollars in funding for affordable housing, renters needs, including defense against evictions, and social services.
They won a law after the Roe versus Wade decision making abortion free in Seattle for all those who need it. They won a resolution making Seattle the largest city to pass the strongest cease-fire resolution condemning Israel’s genocide against the Palestinian people. Why is KShama and the forces around her been able to defeat big business interests, the right wing, and the Democratic Party establishment again and again whereas Bernie Sanders and the Squad have not?
Guest – Jonathan Rosenblum, the author of the recently published book We’re Coming for You and your Whole Rotten System to answer this question. Mr. Rosenblum worked on the Sawant’s staff at the Seattle City Council office throughout the decade of 2010s. He’s a journalist, labor organizer, and a member of the National Writers Union.
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Netflix Documentary and Innocence Project Help Exonerate Falsely Imprisoned Killers
The black political leader, Malcolm X was assassinated 50 years ago in the Audubon ballroom in Harlem, in the City of New York. Assassination is a political murder. The story that we were all to believe was that Malcolm X, as a member and leader of Elijah Muhammad’s nation of Islam, developed differences with Elijah Mohammad. That he left the nation of Islam. And that he was later killed by members of the NY and Newark chapters, who came across the Hudson River and shot him while he spoke out at the ballroom.
But as we have learned recently, that story is not the full truth. The truth started coming out when Netflix did a six-part documentary on the assassination. This was followed up by the work of the Innocence Project, who along with help from the Manhattan district attorney’s office got two of the falsely imprisoned supposed killers exonerated.
We have learned of the FBI’s intelligence program called Cointelpro. One of its aims was to neutralize any future black leaders. Malcolm X‘s daughters have retained a team of civil rights attorneys who are suing the New York Police Department and the FBI over their possible involvement in the assassination of Malcolm X, and it’s cover-up.
Guest – Flint Taylor of the Peoples Law Office. Taylor is a nationally recognized civil rights attorney. He represented the family of Fred Hampton demonstrating that the Chicago Police Department and the FBI were responsible for the assassination of the young Black Panther leader. He’s written the book “The Killing Machine: Racism and Police Violence in Chicago”. He is one of the editors of the “Police Misconduct Law Reporter. He’s the author of The Torture Machine: Racism And Police Violence In Chicago.
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Civil Liberties, Civil Rights, Criminalizing Dissent, Freedom Of Speech, Gaza, genocide, Human Rights, Prison Industry
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From The Flag To The Cross: Fascism American Style: Live Event
From The Flag To The Cross: Fascism American Style is the title of a newly published book edited by Zachary Sklar and our own Michael Smith. The book draws from seven key interviews with prominent socialist thinkers in the United States and Canada. They include Margaret Kimberly, Henry Giroux, Dianne Feeley and Bill Mullen. Last month publishers OR books held a live book launch event taking place at Live On Avenue C in the East Village. Speakers included economist Rick Wolff, New York-based writer Margaret Kimberly and economist Kshama Sawant.
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What Is Pretrial Justice?
On any given day, roughly 7,000 people are held in New York City jails—mostly at Rikers Island—awaiting trial. Many are there not because they’ve been convicted of a crime, but because they can’t afford bail or have been remanded to custody. Critics argue that New York’s approach to pretrial detention is both unjust and unsustainable and that meaningful reform is long overdue. Detaining people before they’ve been found guilty turns the presumption of innocence upside down.
This system hits Black and Latino New Yorkers hardest. Lower average incomes and heavier policing in their neighborhoods make them far more likely to be jailed pretrial. Beyond the human toll, pretrial detention drives up expenses for staffing, security, medical care, and administration—all paid by taxpayers. And the social costs ripple outward. Lock-up before trial separates families, jeopardizes jobs, housing, and pressures individuals into pleading guilty simply to go home.
Recently, the Pretrial Justice Institute joined forces with NYU’s Center on Race, Inequality, and the Law, and the Bronx Defenders to convene directly impacted people, public defenders, advocates, and service providers to reimagine a more just system. Their report, A City Without Cages: Creating Pretrial Safety and Liberty in NYC, outlines what that future could look like.
Guest – Guisela Marroquín, Executive Director of the Pretrial Justice Institute in New York. There, she leads cross-sector efforts to advance racial equity and transform pretrial systems. Before that, she was Senior Director of Programs at the New York Women’s Foundation.
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