Censorship, Civil Liberties, Civil Rights, Freedom Of Speech, Human Rights, Supreme Court
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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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Academic Freedom, Censorship, Civil Liberties, Civil Rights, Criminalizing Dissent, Freedom Of Speech, Supreme Court
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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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Civil Liberties, Civil Rights, Habeas Corpus, Human Rights, Supreme Court
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Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Today, Republicans are the ruling party in the United States. They control the presidency, the Senate, and the House of Representatives. But they also control the Supreme Court, which is the one institution that is supposed to oversee the legality and constitutionality of what the other two branches do. The Supreme Court has a super majority of six conservative justices, all of whom were appointed by Republican presidents, and three of whom were appointed by Donald Trump himself.
We are joined today by Prof Leah Litman, the author of a compelling and timely new book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. Prof Litman’s premise is that the “the Supreme Court is repeatedly elevating the feelings, sentiments, and political views of the Republican Party” and that the conservative justices consistently reach pre-ordained results that strictly conform to the Republican platform and then they justify those outcomes using high-minded judicial language to give the patina of objectivity. She points out that “Republican-appointed justices seem to think that the real victims of discrimination today are the Republicans, who no longer enjoy the kind of outsize influence, political power, and social standing they once did.”
Guest – Leah Litman is a professor of law at the University of Michigan and a former law clerk to Justice Anthony Kennedy. She is a co-host of the popular podcast Strict Scrutiny and she received the Ruth Bader Ginsberg award for “scholarly excellence” from the American Constitution Society.
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US Supreme Court Revokes Legal Protection of Venezuelan Nationals
In an emergency order issued on May 19, the U.S. Supreme Court allowed the Trump administration to revoke legal protections that the Biden administration had granted to hundreds of thousands of Venezuelan nationals.
Only one justice publicly dissented: Ketanji Brown Jackson. Just days earlier, at a legal conference, Jackson delivered the Court’s strongest public rebuke yet of Trump-era attacks on judges who have blocked Trump’s policies on immigration, halting federal grants and contracts, and firing government workers. Her 18-minute speech earned a standing ovation.
In January, the Trump administration announced plans to end Temporary Protected Status (TPS) for Venezuelan nationals—a designation that shields individuals from deportation due to civil unrest and unsafe conditions in their home country. The U.S. has seen a sharp rise in its Venezuelan population, driven by mass displacement stemming from Venezuela’s ongoing political, economic, and humanitarian crises.
Earlier, on March 31, U.S. District Judge Edward Chen issued a nationwide injunction blocking the termination of TPS, preserving protections for an estimated 350,000 Venezuelans and allowing them to continue working legally until at least October 2026, or until the legal challenge was resolved. Judge Chen raised concerns that the administration’s move may have been discriminatory and lacked a sound legal basis. The National TPS Alliance.
Guest – UCLA law professor Ahilan Arulanantham is a leading civil rights attorney and former MacArthur Foundation Fellow. Before joining UCLA, he spent nearly two decades at the ACLU of Southern California, the last two as Senior Counsel. He previously served as a federal public defender in Texas, and clerked on the Ninth Circuit Court of Appeals. Widely recognized for his work defending immigrant rights, he has twice been named California Lawyer of the Year and is a multiple-time honoree on the Daily Journal’s Top 100 Lawyers list.
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Civil Liberties, Civil Rights, Gaza, genocide, Human Rights, Illegal Immigration, Supreme Court, Targeting Muslims, Violations of U.S. and International Law, War Resister
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Chris Hedges: Trump 2.0
Trump 2.0 is qualitatively different from his first term in office. This time Trump and his allies have brought down a tsunami on us, creating fear and chaos. Tens of thousands of government workers have been fired. Thousands have been deported, some to a torture prison in El Salvador. Due process was ignored. The court orders challenging this have been ignored, as well.
With his extreme tariff measures, Trump has damaged our economy, and it looks like there may be a recession down the road. Trump has promised to use the Army and National Guard to suppress protests. Should there be an act of violence committed by a lone wolf, Trump could use it as an excuse to invoke the Insurrection Act and call out the troops. This is all too reminiscent of what happened in Germany when a lone wolf set fire to the German parliament building. Hitler used this as a pretext for suspending civil rights and civil liberties and outlawing the communist and socialist parties, which were huge at the time.
Moreover, and most importantly, not only politics, but the culture of our country is being changed, as well. The Department of Education has been disbanded. Books are banned. Certain words are forbidden. Universities have come under Trump’s control, starting with Columbia University in New York City The great Kennedy Center, a mecca for U.S. culture, has been taken over by Trump and his Philistine allies.
Chris Hedges, the journalist and author spent two decades as a foreign correspondent serving as the Middle East Bureau Chief and Balkan Bureau Chief for The New York Times where he was awarded the Pulitzer Prize. He is the author of 14 books including War is a Force That Gives us Meaning, Days of Destruction, Days of Revolt, which he co-wrote with the cartoonist Joe Sacco, and The Death of the Liberal Class. Chris’ forthcoming book is titled A Genocide Foretold.
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The Great Moral Crime Of Our Time
Israeli -American killing of the Palestinian people living in Gaza is the great moral crime of our time. Gaza is a strip of land 25 miles long and 5 miles wide situated on the shore of the Mediterranean Sea immediately South of Israel. It used to have a population of 2.3 million people and was one of the most densely populated areas on the planet.
The Palestinian people have been murdered by American made bombs dropped on them from American planes and American drones for the last year and a half. A short cease-fire, was recently unilaterally broken by Israel, which resumed the killing in preparation for the removal of the entire population to the Sudan or the Sinai desert in Egypt.
Guest – Philip Weiss is the founder of Mondoweiss, a news and opinion website known for its critical perspective on Zionism and Israeli government policies as well as his support for Palestinian rights. Weiss, a former mainstream journalist, launched Mondoweiss in the mid 2000s as a personal blog before it evolved into a larger platform. His background includes work with publications such as the New York Observer and Esquire magazine. Overtime, Mondoweiss has built a team of contributors and has become a significant voice in progressive circles when it comes to Middle Eastern policies.
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Civil Liberties, Civil Rights, Freedom Of Speech, Human Rights, Supreme Court
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James Goodale: Fighting for the Press and Freedom of Speech
Donald Trump has wasted no time in his second term attacking free speech and freedom of the press. He arrested Mahmoud Khalil, a permanent US resident with a green card and a student visa, and is trying to deport him (until restrained by a federal judge) because Khalil led pro-Palestinian protests at Columbia University. He has threatened to deport other students for their pro-Palestinian protests. Trump banned the Associated Press from White House press briefings and Air Force One for using the term “Gulf of Mexico” instead of “Gulf of America.”
He also banned Reuters News Service and Huffington Post from the press pool. He has issued Executive Orders which federal agencies have cited as authority to ban forbidden words from government websites such as the words Diversity, Equity, and Inclusion. He’s threaten to pull federal funding from over 50 universities for teaching aspects of American history such as slavery and racism, which he labels “divisive.” He has encouraged congressional investigations against Democrats who served on the January 6 Committee.
He has promoted a definition of “antisemitism” which would punish political criticism of Israel. And he has filed lawsuits seeking hundreds of million of dollars in damages against ABC, CBS, Media Matters for America, and newspapers based on how they have reported on him, his candidacy, and his actions as President.
Guest – James Goodale is the former vice president and general counsel for The New York Times and, later, the Times’ vice chairman. He is the author of Fighting for the Press: The Inside Story of the Pentagon Papers and Other Battles. Goodale represented The New York Times in four of its United States Supreme Court cases, including Branzburg v. Hayes, in which the Times intervened on behalf of its reporter Earl Caldwell. The other cases were New York Times v. Sullivan, New York Times Co. v. United States (the Pentagon Papers case), and New York Times Co. v. Tasini. He has been called “the father of the reporter’s privilege” in the Hastings Law Journal because of his interpretation of the Branzburg case.
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Pushing The Limit Of Presidential Power
Since being sworn in for his second term on January 20, 2025, Donald Trump has signed (with a big black marker) almost 90 Executive Orders or EOs, stretching the limits of Presidential power. In response, over 100 lawsuits have been filed challenging the most egregious and questionable EOs. Some of the most sweeping orders seek to totally dismantle over 70 years of laws, policies, and programs promoting Diversity, Equity, Inclusion, and Accessibility. These EOs were immediately challenged in court. Meanwhile, some companies have surrendered to Trump and terminated their Diversity programs, while civil rights groups are fighting back.
Stephen’s recent article – First They Came For Mahmoud Khalil
Guest – Stephen Rohde is a writer, lecturer and political activist. For almost 50 years, he practiced civil rights, civil liberties, and intellectual property law and has won significant First Amendment victories in state and federal appellate courts. 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 for the Los Angeles Review of Books, American Prospect, LA Times, Ms. Magazine, Los Angeles Lawyer, LA Progressive, Truthdig and other publications.
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Civil Rights, Human Rights, Supreme Court, Truth to Power
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U.S. Attorney General Choice: Florida Attorney General Pam Bondi
Bondi, Florida’s first woman attorney general for eight years from 2011-2019, was part of Trump’s defense team during his first impeachment trial and supported his false claims of fraud following the 2020 election. She’s remained in Trump’s orbit since then, continuing to advise him on legal matters.
In announcing Bondi as his new choice, Trump signaled the role he expects her to play. “For too long, the partisan Department of Justice has been weaponized against me and other Republicans – Not anymore. … Pam will refocus the DOJ to its intended purpose of fighting Crime, and Making America Safe Again.”
By fighting crime, he means going after his political enemies. Bondi has loyally promised that “When Republicans take back the White House” and the Department of Justice, “the prosecutors will be prosecuted — the bad ones — the investigators will be investigated.”
Bondi is a partner at Ballard Partners, the lobbying firm that had been run by Trump’s incoming chief of staff Susie Wiles and whose founder, Brian Ballard, is a top Trump fundraiser. She is co-chair of the law and justice division at the pro-Trump America First Policy Institute. Thrust onto the national stage, Pam Bondi is not a household name. To learn more about her, we went to an award-winning journalist in her home state of Florida.
Guest – Scott Maxwell is a three-time-a-week columnist for the Orlando Sentinel. He joined the Sentinel newsroom as a reporter in 1998, and started writing his column in 2002. He has received awards from the Society of Professional Journalists, the Society of Newspaper Editors and others. Before coming to Orlando, Scott wrote for the Winston-Salem Journal and the Chapel Hill Herald, after graduating from the University of North Carolina at Chapel Hill’s School of Journalism.
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Next FTC Chairman: Business Friendly Approach Or Big Tech Anti-Trust Enforcement
President-elect Donald Trump last week named Andrew Ferguson as the next chair of the Federal Trade Commission. Ferguson is already one of the FTC’s five commissioners, currently consisting of 3 Democrats and 2 Republicans. Ferguson replaces FTC Chair Lina Khan, a vocal critic of Big Tech.
Antitrust laws are designed to promote fair competition by prohibiting monopolistic practices, unfair restraints on trade, and other behaviors that harm consumers or stifle innovation. The FTC plays a key role in enforcing these laws. It investigates businesses for anticompetitive practices, reviews mergers and acquisitions for potential harm to market competition and takes legal action to prevent or rectify violations.
With Trump’s recent nomination of Gail Slater as the Justice Department’s assistant attorney general for antitrust, some predicted that the incoming administration may continue Lina Khan’s tough stance on companies like Google and Apple. But many leading Republicans prefer a more business-friendly approach to antitrust enforcement that would avoid hampering Big Tech’s dealmaking and acquisitions.
Other top contenders for the FTC chairmanship were Melissa Holyoak, a Republican commissioner and former Utah solicitor general and Mark Meador, a former DOJ and FTC official who has served as an antitrust policy adviser to Sen. Mike Lee (R-Utah).
Guest – Laurel Kilgour from the American Economic Liberties Project in DC. Lauren leads the Project’s team of policy analysts and experts to produce research and policy briefs, with a focus on antitrust issues impacting economic liberties.
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