Donald Trump’s ‘chilling effect’ on free speech and dissent is threatening US democracy

The second Donald Trump administration has already sent shockwaves through the political establishment on both sides of the Atlantic. Overseas, the focus has been on the administration’s apparent dismantling of the post-war international order and Trump’s apparent pivot away from America’s traditional allies towards a warmer relationship with Russia and Vladimir Putin. But within the United States itself, the greatest concerns are associated with administration actions that, for many, suggest a deliberate destruction of American democracy.

Such fears in the US are not isolated to the political elites, but are shared by citizens across the entire nation. But what is also emerging is a concerted assault on people’s ability to push back – or even complain – about some of the measures being introduced by Trump 2.0. This will inevitably result in what is often called a “chilling effect”, where it becomes too hard – or too dangerous – to voice dissent.

Many of Trump’s policies – the mass deportations, the wholesale sacking of public servants by Elon Musk and his Department of Government Efficiency (Doge), the decision to revoke birthright citizenship for the children of undocumented immigrants – have been challenged in the courts. The Trump administration is now embroiled in a range of legal challenges. It is here that Trump’s disdain for a legal system that has temporarily blocked the wishes of the president has emerged.

Chilling effect

Judicial decisions calling for the administration to reverse or pause some of these policies have been greeted by Trump and some of his senior colleagues (including Musk and the vice-president J.D.Vance), with noisy complaints at judicial interference in government. Even, in some cases, calls for the impeachment of judges who rule against the government.

Not only did the administration ignore the court’s ruling that suspended the forced expulsion of Venezuelans to El Salvador, some of whom were in the US legally, but Trump attacked the judge on social media calling him a corrupt “radical left lunatic” and called for his impeachment.

This stirred the chief justice of the Supreme Court, John Glover Roberts Jr., to intervene. He reminded the president that America doesn’t settle its disputes, saying that the “normal appellate review process exists for that purpose”. Later, Tom Homan, Trump’s chief adviser on immigration issues, told ABC News that the administration would abide by court rulings on the matter.

The pressure being brought to bear on America’s legal system has not stopped at the judiciary. Trump has recently targeted some of America’s biggest and most powerful law firms, seemingly for no other reason than their acting for clients who have opposed his administration.

On March 25, Trump signed an executive order targeting Jenner & Block, one of whose partners, Andrew Weissmann, worked with special prosecutor Robert Mueller on the investigation into Russian meddling in the 2016 presidential election. The executive order calls for the firms to be blacklisted from government work and for their employees to have any security clearances removed, for them to be barred from any federal government contracts and refused access to federal government buildings. A death warrant for the firm in other words.

This follows the news that the head of the prestigious law firm Paul Weiss, Brad Karp, had signed a deal with the White House committing to providing millions of dollars worth of pro-bono legal work for causes nominated by the president. He’s also agreed to stop using diversity, equity and inclusion (DEI) policies, which had been faced with a similar fate.

Silencing dissent

This administration’s chilling effect has also extended to an attack on press freedom. Trump has expelled established news organisations from the Pentagon, curtailed access to press events for the esteemed Associated Press, and taken control of the White House press pool, sidelining major media outlets.

These actions mark a significant downgrading of press freedom in America. They are undermining the role of independent journalism in their key function of holding power to account. By restricting access and silencing critical voices, his administration has raised concerns over transparency and the free flow of information in the domestic media landscapes.

Universities have traditionally been bastions of independent thought. We saw that with the massive protests against US policy towards Israel and Palestine which have roiled campuses during the conflict in Gaza. But universities are also seen by many in the administration as a hotbed of “woke” activism. Accordingly Trump 2.0 has fixed its sights on one of the most prominent US universities: Columbia.

Citing what it says is a repeated failure to protect students from antisemitic harassment, the administration cancelled US$400m (£310 million) of federal contracts with the university. Columbia caved in to the pressure moments before the administration’s deadline passed. It agreed to overhaul its disciplinary procedures and “review” its regional studies programmes, starting with those covering the Middle East.

Columbia’s academic staff are horrified. They are launching legal action against the government, alleging that “the Trump administration is coercing Columbia University to do its bidding and regulate speech and expression on campus”.

Democracy in peril

Why is this all so worrying? The legal system, the media and universities are the pillars of US democratic freedoms. The Trump administration’s undermining of these institutions is a blatant attempt to impose an authoritarian rule by bypassing any counterbalance to executive power. And the US Supreme Court has ruled that he is almost entirely immune from prosecution while doing it.

The checks and balances system of government in the US was designed to ensure that no single branch could dominate the political process. But partisan loyalty, and loyalty to Trump over the party, now outweighs constitutional responsibility for the majority of those within the Republican Party.

American democracy is under threat. Not from the external existential threats it faced over the past century such as communism and Islamic fundamentalism, but from within its own system. Those Americans who are terrified about this threat are trying to fight back, but Trump’s assault on dissent is so chilling that this is becoming increasingly dangerous.

Dafydd Townley, Teaching Fellow in US politics and international security, University of Portsmouth

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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