Law and Disorder September 29, 2025

The Library Freedom Project

Soon after the attacks of September 11, 2001, when federal agents demanded library circulation records under the USA Patriot Act, librarians became unlikely whistleblowers for democracy. The “Connecticut Four” successfully sued the FBI in 2005 over secret National Security Letters that sought patron data and imposed gag orders. They reminded the nation that a book borrowed in silence should never be grounds for suspicion.

The Library Freedom Project was born in this climate of intrusion. It equips librarians with new skills: teaching prompt literacy so they can critically evaluate generative AI outputs; training them in deepfake and voice-clone detection; and raising awareness about the growing use of AI surveillance in schools and communities. In doing so, the project prepares librarians to guide the public through one of the most disruptive technologies of our time.

Guest – Alison Macrina, activist librarian and founder of the Project. Since 2015, she has built a network of librarians committed to protecting privacy, defending intellectual freedom, and challenging power structures through organizing and education. Recognized with a 2023 Electronic Frontier Foundation Award, Macrina and her colleagues argue that libraries are among the last truly public goods—accessible to everyone, regardless of income or background—and that defending these spaces means defending the very foundation of free expression and information democracy.

—-

Media Censorship: A Structural Problem

As the Trump administration seeks to expand presidential authority, it’s not surprising that the First Amendment is making headlines. Enacted in 1791 to protect fundamental freedoms – such as speech and the press – it serves as a safeguard against potential abuses of government power, including censorship and other efforts to stifle dissent. Trump and his allies have made no secret about their intention to silence prominent comedians who are critical of the administration.

On July 17th, CBS announced the cancellation of The Late Show with Stephen Colbert, a move that Trump publicly applauded, adding that Jimmy Kimmel would be next. Within days, the FCC approved a merger involving CBS’s parent company, Paramount. On Sept. 17th, FCC Chair Brendan Carr warned that if Disney did not suspend Jimmy Kimmel for making comments about MAGA and Charlie Kirk, the FCC could get involved with ABC’s licensing. Disney immediately took Jimmy Kimmel Live off the air. And even though it started back up on Sept. 23rd, many ABC affiliates refuse to air it. Oh, and by the way, Trump has warned that Jimmy Fallon and Seth Meyers at NBC will be next to go.

Guest – Jeff Cohen is a highly regarded progressive critic of the media. Indeed, he was recently quoted in an important article in the Washington Post about the disclosure that FOX News hosts were advising the White House during the January 6th insurrection. Jeff Cohen, along with Martin Lee, were the co-founders of Fairness and Accuracy in Reporting, or “F.A.I.R.,” which is the anti-corporate media group that monitors and reports on the mainstream media’s bias, spin and misinformation. Jeff Cohen is also a lecturer on these matters and the author of the book, Cable News Confidential.

————————-

 

Law and Disorder September 15, 2025

Defending My Enemy: Skokie and the Legacy of Free Speech in America

At the heart of Trump’s blizzard of chaotic, cruel, and corrupt attacks on our democracy is one of the most turbulent, disruptive, and consequential assaults on freedom of speech in American history. Trump and his obedient underlings have enlisted the full force of the federal government’s overwhelming criminal, civil, administrative, immigration, and national security apparatus to illegally crush protest, dissent, and free speech.

On an unprecedented scale, directly and indirectly, Trump is violating the First Amendment rights of every person in the United States to express and receive information and ideas free of government censorship. He is going after the Voice of America, the Smithsonian Museum, the Associated Press, NPR, PBS, ABC, CBS, the Library of Congress, local public libraries, foreign and domestic students, immigrants, colleges and universities, elected officials, law firms, and judges. And by silencing all of these voices, he is denying the constitutional right of every American to hear what those voices have to say.

The United States is in a constitutional crisis. It is imperative that we vigorously defend our rights. The reissuance of the seminal book Defending My Enemy: Skokie and the Legacy of Free Speech in America by Aryeh Neier could not have come at a better time to remind us of the importance of defending the essential freedom upon which all others depend – freedom of speech.

Defending My Enemy was originally published in 1979. At that time Neier was the national executive director of the American Civil Liberties Union, which agreed to represent the Nazis in the Skokie controversy. Defending My Enemy was a brave book when it was originally published, and almost 50 years later it remains an indispensable guide to help us navigate today’s convulsive debates over free speech on American campuses and throughout our society.

This edition of Defending My Enemy is enhanced by a new foreword by Congresswoman Eleanor Holmes Norton, a new afterword by Nadine Strossen, president of the ACLU from 1991 to 2008, and an extensive new chapter by Neier himself offering his views on the contemporary challenges facing free speech in America. In addition to previously serving as Executive Director of the ACLU, Neier co-founded Human Rights Watch, and is President Emeritus of the Open Society Foundations, where he remains active in their work. He has written seven books and over three hundred articles and op-eds on civil and human rights.

—-

National Guard Occupy The Streets Of DC

Soldiers in uniform are still patrolling the streets of Washington, D.C. They’re not just on guard duty — they’ve been spotted picking up trash, spreading mulch, and even posing with tourists. And now their mission has been extended indefinitely. The Army has ordered nearly a thousand National Guard members to remain on active duty through November 30, 2025. Donald Trump could end it sooner, or push it even further, but for now the deployment is open-ended. Another 1,300 Guard troops from states like Louisiana and Ohio are also staying through December.

The official line is they are tackling “out of control” crime. But many residents and local officials see something else: a military force filling civic space, performing chores that look more like public relations than public safety. Ward 1 Commissioner Peter Wood called the outreach “uncomfortable and concerning,” stressing that soldiers patrolling civilian neighborhoods creates more fear than comfort.

This isn’t just about crime or clean-up crews — it’s about what kind of country we want to be when soldiers become part of daily civic life.

Guest – Attorney Mara Verheyden-Hilliard from the Partnership for Civil Justice Fund and the Center for Protest Law and Litigation in Washington, DC. Mara is one of the nation’s leading litigators defending protesters and winning numerous reforms in police practices at mass assemblies and demonstrations.

———————

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.

—-

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.

——————————-

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.

—-

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.

——————-

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.

—-

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.

———————-

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.

—-

 

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.

———————