Law and Disorder August 25, 2025

The First Amendment Heavily Tested Under Trump Administration

The First Amendment is being tested in many arenas not only in response to various Executive Orders which Donald Trump has issued in his second term, but also in state legislatures which are experimenting with how far the government can go in restricting freedom of speech.

In Free Speech Coalition v. Paxton, the US Supreme Court upheld a Texas law requiring age verification for access to Internet porn sites. In 2024, Mississippi enacted House Bill 1126 after a Mississippi teen became the victim of sextortion on Instagram and died by suicide. That law requires young people to obtain their parents’ consent before they can create social-media accounts. On August 13, the US Supreme Court issued a brief unsigned order allowing that law to go forward despite a lower court injunction.
Meanwhile, South Park is savagely ridiculing Donald Trump, CBS capitulated when Trump sued them over a 60 Minutes segment, and a conservative federal appeals court struck down an injunction for an on-campus drag show. There’s a lot going on when it comes to free speech.

Guest – Robert Corn Revere has been a First Amendment litigator for more than four decades. He is Chief Counsel for the Foundation for Individual Rights and Expression or FIRE. He is the author of The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma, which explores how free expression became a part of America’s identity. FIRE filed an amicus brief in support of Net Choice in one of the cases we’re discussing today.

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Chambers v. Florida and the Criminal Justice Revolution

In 1933, four young Black farm workers in Pompano, Florida, were arrested for the murder of a white shopkeeper. With no lawyers and no meaningful due process, for a week they were held, beaten, threatened with lynching, and ultimately forced to sign confessions. Their convictions and death sentences seemed almost certain in the Jim Crow South. But 7 years later, the U.S. Supreme Court reversed those verdicts in a unanimous ruling, declaring that confessions obtained under psychological coercion rendered them involuntary and violated the 14th Amendment.

In Chambers v. Florida and the Criminal Justice Revolution, author Richard Brust vividly revisits this often-overlooked case. Chambers opened the door to the Warren Court’s criminal procedure revolution, laying the foundation for decisions such as Miranda v. Arizona. The book also highlights the lawyers and communities behind the case. Jacksonville attorney Simuel McGill, one of Florida’s few Black lawyers, kept the appeals alive until the case reached Washington.

Guest – Richard Brust is a journalist and historian whose work focuses on law, politics, and American history. He was a longtime editor for the American Bar Association’s ABA Journal and has written extensively about the courts and the evolution of U.S. legal culture.

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Law and Disorder July 21, 2025

Stephen Rohde: Checks, Balances And Separation Of Powers

This half-hour, we continue our ongoing effort to understand in real time, the upheavals taking place within our US government, as well as the blitz of attacks on the rule of law – and that includes attacks on judges, lawyers, academics, students, and virtually anyone else who is critical of the Trump Administration’s policies and actions.

Today, we’ll be particularly focused on recent Supreme Court decisions that have paved the way for Trump to dismantle the Department of Education and numerous government agencies. The decisions also Limit the public’s ability to challenge government overreach and have led to swift deportations to countries in which detainees have no prior connection. We’ll also follow-up on the critically important case on First Amendment and academic freedom, American Association of University Professors v, Rubio, which is in trial right now in Boston.

Guest – Stephen Rohde is a legal scholar, writer, lecturer and political activist, who practiced civil rights and civil liberties law for over 50 years. He’s past chair of the ACLU Foundation of Southern California and past national chair of Bend the Arc, a Jewish Partnership for Justice. He’s also a co-founder and chair of Interfaith Communities United for Justice and Peace, and a Special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council. He hosts the podcast, Speaking Freely.

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The MAGA Ideology and the Trump Regime

As V.I. Lenin observed, “There are times in history when nothing happens for decades and other times when decades happen within days” He should know. He was the leader of the Russian revolution which overthrew the feudal Tsar and changed the history of the 20th century. We are living in a time when history is unfolding very rapidly. Trump and his coterie of the upper 1/10 of 1 percent aligned with the mostly lower middle class MAGA movement have taken huge steps upending and overturning the kind of democracy, however, limited by race and class, that we have lived with since gaining independence from England 250 years ago.

We are experiencing the transition to a new absolutist executive. Trump and the ideologues who have shaped his MAGA movement is a president who acts on the premise that whatever he does is lawful. He claimed full power to close down departments like the Department of Education, impound congressionally authorized spending, deport people without due process, while ignoring the courts. This is what he calls “a unitary executive.”

The classic definition of fascism is that it is one of the political forms that capitalism may assume in its monopoly imperial phase. It has a material foundation in a tenuous alliance between sectors of the extremely rich monopoly capitalists and a mobilized lower middle class. The key to fascist rule is the privatization of large parts of the government on behalf of the monopoly class. This ideology now in ensconced in the White House.

The right wing is opposed to environmental governance, they don’t believe in climate change. They are against open borders, universal healthcare and green energy. Those who advocate for these beneficial movements are called “cultural Marxists.” They refer in a derogatory way to all contemporary progressive political causes. They call it woke. They use the term as it means to belittle all social justice struggles against racism and inequality, Its most common usage is as a racist dog whistle.

These fascists want to secure their rule by getting control of the entire cultural apparatus of society, a process that the Nazis, the German fascists of their time,called “bringing it into line.” The current attack on universities is the most recent example.

Guest – John Bellamy Foster is professor emeritus of sociology at the University of Oregon. He is a prominent scholar on ecology and the author of many books, including Trump in the White House: Tragedy and Farce. Professor Foster is the editor of the venerable socialist magazine “Monthly Review“ and the author of the article The MAGA Ideology and the Trump Regime in its recent May 2025 issue.

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Law and Disorder July 7, 2025

Young Voters Support Openly Socialist Mayoral Candidate Zohran Mandani 

In a spectacular primary victory with national implications, the 33-year-old charismatic socialist Zohran Mamdani won the Democratic primary race in New York City on June 24. He most assuredly will win the general election and become the next mayor of New York City in the fall. With broad support, especially amongst younger people, Mamdani came from way behind to win in a landslide over former 67-year-old former New York State governor Andrew Cuomo. Cuomo had name recognition and the support of the Democratic Party establishment. His campaign was well funded to the tune of $25 million donated by superpacs and billionaires. This included a last-minute $5 million infusion by billionaire Michael Bloomberg.

Cuomo was supported by most of the trade union bureaucracy, conservative Black leader Jim Clyburn of South Carolina, who is credited with getting Bernie Sanders defeated, and the charlatan Al Sharpton. Mamdani’s popularity skyrocketed when New Yorkers became aware of him and his platform. His campaign recruited 40,000 volunteers who knocked on 1,500,000 doors. 20,000 people contributed small amounts to his effort.

While Cuomo campaigned on fear supporting a policeman on every subway car Mamdani took a radically different approach. His campaign was anchored in the idea that New York should become an affordable city for the working and Middle class people who live there. He advocated a rent freeze; free, fast, buses; free childcare, and city run grocery stores in neighborhoods who need them. He stood up for Palestinians.

The core of Mamdani’s campaign workers resided in the Democratic Socialist of America. He was endorsed by Bernie Sanders, AOC, and Ilhan Omar. Mamdani is the Muslim son of South Asian immigrants. His father is a professor at Columbia University and his mother is a film director. Mamdani himself had served for four years as a State Assembly man from Astoria, Queens. He was born in Uganda and grew up on the west side of Manhattan. He had been active supporting taxi cab drivers who were financially ruined by the intrusion of Uber and Lyft into their businesses. Several committed suicide. Mamdami led a hunger strike and a successful effort to get financial help for them.

Guest – John Tarleton is a co-founder and editor in chief of the Indypendent, a free monthly newspaper and website publishing in New York City since 2000. He’s the cohost of the independent NewsHour on WBAI in New York City.

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Trump v Casa : Presidential Immunity

On June 27, the last day of the Supreme Court’s official term, the 6-member ultra-conservative majority issued one of the most dangerous decisions in its history, which the 3 dissenting judges called “shameful” and a “grave attack on our system of law.”

In three lawsuits consolidated as Trump v, CASA Inc, 22 state attorneys general, several pregnant women who are not American citizens, and a variety of civil rights organizations challenged Donald Trump’s Executive Order banning birthright citizenship.  That’s the principle enshrined in the Fourteenth Amendment to the Constitution that all babies born in the United States are American citizens regardless of the citizenship or immigration status of their mothers.   But the June 27 decision didn’t reach the merits of that challenge.

Instead, it dealt with the scope of the injunctions which three different US District Courts in Maryland, Washington, and Mass issued enjoining Trump’s EO.   All of those district courts found that to grant complete relief to the plaintiffs, it was necessary to issue “universal injunctions” which not only restrained Trump from implementing his EO against the specific plaintiffs named in those lawsuits but also restrained Trump from implementing it nationwide. Three different federal appellate court denied Trump’s request to stay those universal injunctions, but last week the conservative majority on the Supreme Court gave Trump a green light to proceed within 30 days against any mother who was not one of the named plaintiffs.

Guest – Stephen Rohde believes that Trump v CASA is a monumental decision that dangerously builds on last year’s disastrous decision in Trump v US, in which the same 6-member conservative majority invented absolute presidential criminal immunity. Steve practiced civil rights and civil liberties law for almost 50 years, and is a prolific author of two books and scores of articles and book reviews on constitutional law and history. He is former President of the ACLU of Southern California and is Special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council. He is also host of the new podcast Speaking Freely produced by Ms Studios which is available on Spotify, I Heart Radio and other streaming platforms.

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Law and Disorder June 30, 2025

Dangerous Threshold: Long Range Implications Of Bombing Iran’s Nuclear Facilities

In a dangerous escalation of U.S. foreign policy, Donald Trump announced on June 22 that the U.S. had bombed 13 Iranian nuclear facilities in support of Israel. The Israeli-Iranian conflict has already left hundreds dead—including scores of civilians—and now risks igniting a wider regional, if not global, war.

While Trump claimed to broker a ceasefire, Israeli missiles struck Iranian targets just hours later. Iran denied any retaliation but was quickly blamed for alleged missile fire—charges used to justify further Israeli attacks. Trump publicly rebuked both nations, saying he’s “not happy with Israel,” even as White House officials praised his supposed diplomatic intervention. With the region in crisis, global powers maneuvering, and questions mounting over legality and legitimacy, we examine the broader implications for peace, international law, and U.S. democracy. BreakthroughNews

Guest – Brian Becker, national coordinator of the ANSWER Coalition and a longtime critic of U.S. imperialism and military intervention. A leader of the Party for Socialism and Liberation, he’s also a leading voice in the movement to end the occupation of Palestine.

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Cyber Citizens: Saving Democracy with Digital Literacy

Cyber Citizens: Saving Democracy with Digital Literacy is a new book by our own co-host Heidi Boghosian. Heidi explains how the erosion of civics education combined with widespread digital illiteracy, leaves Americans vulnerable to manipulation—by Big Tech, foreign adversaries, extremist movements, and even our own government. She argues that we’re not just under-informed—we’re being actively rewired by the very systems we depend on daily.

Yet people are fighting back and taking cyber citizenship seriously. They include librarians teaching patrons to use Tor, activists leveraging open-source tools, educators using justice-themed games to teach critical thinking, and whistleblowers risking everything to expose abuses by governments and tech giants. Heidi’s earlier books include Spying on Democracy and I Have Nothing to Hide, and her writing has appeared in outlets like the LA Times, the Philadelphia Inquirer, and the ABA Human Rights Journal. She’s on the Advisory Board of the Georgetown Center on Privacy and Technology and the Media Freedom Foundation.

Guest – Heidi Boghosian is executive director of the A.J. Muste Foundation for Peace and Justice, a charitable organization providing support to activist organizations. Before that she was executive director of the National Lawyers Guild. Her book ““I Have Nothing to Hide”: And 20 Other Myths About Surveillance and Privacy was published in 2021 (Beacon Press). She received her JD from Temple Law School where she was editor-in-chief of the Temple Political & Civil Rights Law Review. She has an MS from Boston University’s College of Communication and a BA from Brown University.

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Law and Disorder June 23, 2025

Law Firms Targeted By Trump Administration

Trump and the MAGA movement behind him have taken huge steps to upend and overturn the kind of democracy, however limited by race and class, that we have lived with since our independence from England some 250 years ago. In order to secure their rule, these fascists, like those in the Hitler movement 90 years ago, attempted to get control of the various apparatuses of our society. They aimed at the major media, the universities, the states like California, the scientific establishment, the medical profession, the cultural apparatus, the top brass in the military, and the big law firms.

Hitler’s fascist party in Germany called this effort “bringing it into line”. What we are going to examine today is Trump’s efforts to dominate the major law firms in America. He has succeeded in dominating some, but not all, of these law firms, which are known as “big law.“ The resistance has been impressive and a tribute to the spirit of fairness in the American legal tradition.

What did Trump do? He told the big law firms that he would sign an executive order banning them from federal buildings, including the courthouses where they practiced. Further, he would take away their security clearances and he would cancel any contracts they had with the federal government. This was calculated to break these firms and they knew it. A target was the venerable firm of Paul Weiss, established in 1875, which was active in the civil rights movement in the 50s. It helped to win the landmark desegregation victory in “Brown vs the Board of Education.” Paul Weiss initially tried to resist. It asked other firms for help. But to no avail.

The other firms refused and instead began to pick off their clients. Faced with financial ruin Paul Weiss gave in and agreed to donate millions of dollars in free legal work to projects of Trump‘s choice. So did other famous firms. Collectively, these firms agreed to furnish Trump with over $1 billion in pro bono assistance to Trump and his projects, like defending cops in cases of police abuse and murder, as in the George Floyd case.

Guest – Los Angeles attorney John Burton was the president of the Board of Directors of the National Police Accountability Project, an organization representing more than 600 police misconduct, lawyers and other professionals throughout the United States. He established his law firm in 1984. Mr. Burton has covered the story for the World Socialist Website. As he has written, the battle Trump started is not over. Four judges have ruled against him. 24 friend of the court amicus briefs have been filed. 1000 law firms have come on board.

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Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens

Among the tsunami of Trump‘s executive orders is EO number 14288. Trump signed it on April 25, 2025. It is ominous. The order is titled Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens.

It orders review and likely cancellation of police/citizen consent decrees like the one the movement in Minneapolis won against the Minneapolis Police Department after they murdered George Floyd several years ago. It militarizes law-enforcement by distributing military assets to local police forces and encouraging coordination between the Department of Defense and Federal-local law-enforcement. One of its core objectives is to establish pro bono representation by some of the biggest law firms in America to help shield offending police from suits against them for abuse of local citizens. Trump previously secured agreements with these firms to provide over $1 billion with a representation for free to entities that he designates.

Guest – Russ Bellant has researched rightist, fascist, and the Nazi forces in the United States for over 50 years. He has published articles in many magazines and has written three books based on his research. They include Old Nazis, The New Right and the Republican Party and The Religious Right In Michigan Politics. Email: RussBellant (at) gmail.com (reply that you want to be on the email list)

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Law and Disorder May 12, 2025

A New Nuclear Non-Proliferation Agreement Amid Tension

In 2015 the United States and Iran negotiated an agreement designed to allow Iran to develop peaceful uses of nuclear energy, but not nuclear weapons. That agreement was terminated in 2018 during Trump’s first administration, and sanctions on Iran were re-imposed, sanctions that have proven to be very damaging to Iran’s financial well-being. Now, Trump has said his new administration is prepared to enter into a new nuclear non-proliferation agreement with Iran. But at the recent conclusion of what was the third round of U.S.-Iran negotiations on the issue, negotiations that appear to have gathered momentum, Israel’s Netanyahu has demanded that even Iran’s nuclear program for peaceful uses be dismantled, something Iran has steadfastly refused to consider.

Will Israel be successful in opposing Iran’s development of a nuclear program even if it is limited to peaceful uses? If Iran will not agree to give up its peaceful uses of nuclear energy, is a war between Israel and Iran inevitable? Meanwhile, the back-and-forth attacks by Israel on Iran and Iran on Israel continue. Just last week the Houthis, an Iran proxy, dropped a missile near Israel’s Ben Gurion Airport. All of this raises the question, “Would the Trump Administration join Israel if it waged war on Iran, perhaps including its nuclear facilities and how would other Middle Eastern nations respond if war did break out between Israel and Iran and, perhaps, with the United States fighting alongside Israel?”

Guest – Richard Becker is the Western Regional Coordinator of the ANSWER—Act Now to Stop War and End Racism—Coalition, and the author of Palestine, Israel the U.S. Empire and of the book The Myth of Democracy and the Rule of the Banks.

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Entrenching Authoritarianism: Expanding the Terrorism Framework and the Infrastructure of Surveillance to Repress Expression and Stifle Dissent

Recently, the Center For Constitutional Rights along with a group of four human rights organizations together with legal clinics published a new report urging the United Nations to denounce the accelerated disintegration of democracy in the US. The report focuses on the US government’s increasing criminalization and repression of free speech, dissent, and protest under the guise of “national security.” The report was then submitted to the United Nations Human Rights Council, which is scheduled to formally review the United States compliance with its human rights obligations in November. The link to the report is above.

Guest – Attorney Nadia Ben-Youssef, the Advocacy Director at the Center for Constitutional Rights is quoted saying “Our hope is that the report sounds the alarm for the international community to act with greater urgency to challenge this administration and its belligerent efforts to dismantle constitutional protections and international law.” She directs all advocacy around issues related to the promotion of civil and human rights. Together with the legal, advocacy, and communication teams, Nadia identifies opportunities for the Center for Constitutional Rights to make strategic cultural and political interventions that shift public narrative and policy on our issues.