The End of Free Speech?

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Original article by Toni Aguilar Rosenthal republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Pro-Palestinian protesters rally in support of Mahmoud Khalil outside of the Thurgood Marshall Courthouse, where a hearing is underway regarding Khalil’s arrest, in New York City on March 12, 2025. (Photo: Charly Triballeau/AFP via Getty Images)

If the White House can punish anybody who engages in speech it dislikes, nobody will be free to criticize the government—and corporate criminals will be free to run amok.

Earlier this March, agents from the Department of Homeland Security, or DHS, arrested Mahmoud Khalil at his Columbia University-owned apartment building in New York City. Khalil, a lawful permanent resident of the United States, was then promptly disappeared by federal agents, who refused to tell Khalil’s wife (a U.S. citizen) why he was being detained or where he was being held. He has since been found by his attorneys and partner in a private Louisiana detention facility notorious for abuse. His deportation was successfully, though only temporarily, halted by a federal judge.

An initial hearing in Khalil’s case was subsequently heard—without him present—in New York City. There, the Department of Justice defended the kidnapping, and backed the White House’s claimed rationale: the Trump administration doesn’t approve of Khalil’s speech, and therefore it has the right to forgo due process, revoke his green card without judicial order, and deport him.

Khalil is a prominent pro-Palestinian leader at Columbia University. He was one of students’ lead negotiators during the anti-genocide encampments that formed on its campus in 2024. It is this right to speech, enshrined in the U.S. Constitution, and affirmed over and over and over again, that President Donald Trump and Secretary of State Marco Rubio are endeavoring to unilaterally, and with no constraints, gut.

Trump and his allies seemingly hope to manufacture a future in which any public critic of the administration or its friends can be defined, and prosecuted, as a “terrorist” for whom basic civil liberties can be summarily suspended.

Donald Fuhrump says that Amerikkka doesn't bother with crimes or charges anymore, not being 100% Amerikkkan and opposing his real estate intentions is enough.
Donald Fuhrump says that Amerikkka doesn’t bother with crimes or charges anymore, not being 100% Amerikkkan and opposing his real estate intentions is enough. [dizzy: Original article modified by the inclusion of this image and caption.]

To this end, the federal government has made no case that Khalil has committed a crime. Instead, the Trump administration has continuously boasted that Khalil is being targeted with the full force of the state for engaging in speech it doesn’t like; speech that is unambiguously guaranteed by the First Amendment, and that the White House now seeks to classify as “terrorism.”

Should Trump and Rubio succeed, as The Intercept aptly summarized, it will symbolize the death of free speech for American citizens and green-card holders alike.

Of course, it isn’t just Khalil—though if the government succeeds in his case it will be a chilling bellwether for the state of speech and protest in the Trump years and beyond. Even just in the weeks since kidnapping Khalil, it’s been reported that DHS officers have arrested another student protester at Columbia, stripped a different Columbia student of their visa status, denied a French scientist entry to the United States reportedly because of their expressed political disagreement with the administration, disappeared dozens of New Mexico residents, and more.

Of course, this playbook isn’t new, and Republicans have long sought to gut protected speech, and protected protest in particular. Indeed, dozens of Stop Cop City protesters and organizers are still navigating an abusive investigation and prosecution regime in Georgia that functionally seeks to render public displays of political dissent as violent conspiracy and “domestic terrorism,” including speech activities as mundane as handing out pamphlets.

As baseless and unconstitutional as those prosecutions were and still are, it’s this principle that is being pushed to new and even-more horrifying depths, as Trump and his allies seemingly hope to manufacture a future in which any public critic of the administration or its friends can be defined, and prosecuted, as a “terrorist” for whom basic civil liberties can be summarily suspended.

Indeed, Donald Trump, while turning the White House into a car dealership earlier this month, told reporters that people protesting Elon Musk’s hostile takeover of the U.S. federal government at Tesla storefronts, or protesting “any company,” should be labeled domestic terrorists, and that was something he “will do.”

Should the political persecution of Khalil succeed, it will foster a new era of the militarized American police state that greenlights the arbitrary and capricious abduction of organizers, dissidents, and critics of the Trump administration and the corporations it serves.

It should not need to be said, but to say it anyway: If foundational constitutional rights can be unilaterally suspended by the government, with no trial or even formal documentation of so-called wrongdoing, then those rights do not actually exist for anyone.

Who stands to benefit from such a bleak future? Advocates for authoritarianism for one, and corporations for another.

While the executive branch targets protesters’ rights to speech on White House orders, Trump’s own corporate allies and donors are pursuing adjacent tactics to divest normal people of the right to criticize the corporate hegemons ruining our lives.

Greenpeace, for example, just lost the trial brought against it by Energy Transfer, which seeks to functionally sue the group out of existence in the U.S. for criticizing the Dakota Access Pipeline (DAPL). That notorious project, controlled by Energy Transfer, is well-known for its environmental racism and for deploying extreme force against environmental advocates, Indigenous communities, and others who opposed it.

Greenpeace is set to appeal the verdict, but if Energy Transfer should ultimately succeed, it would not just spell the end of Greenpeace’s U.S. operations, but will also usher in a new era in which corporate money can not just silence, but wholly eradicate, organizations that are critical of corporate polluters, labor abusers, price-gougers, and more. Such a future would place a price tag on First Amendment protections, with only the most well-resourced entities in the country seemingly eligible to enjoy it, and everyone else left vulnerable to their whims and machinations.

The political kidnapping of Mahmoud Khalil is an egregious attempt to undo 233 years of American constitutional law, and—regardless of what Trump or others claim—threatens to end the right to free speech, and democracy, as we know it. Should the political persecution of Khalil succeed, it will foster a new era of the militarized American police state that greenlights the arbitrary and capricious abduction of organizers, dissidents, and critics of the Trump administration and the corporations it serves. That, to be clear, would wholly cement the United States’ descent into full-fledged fascism.

Crucially, though, even if they fail to make Khalil the defining, and chilling, example of a new epoch of American political prisoners, Donald Trump and his allies in and outside of government have made it clear: They want to eliminate the First Amendment, and will do whatever it takes to do so.

Original article by Toni Aguilar Rosenthal republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Orcas discuss how Trump was re-elected and him being an insane, xenophobic Fascist.
Orcas discuss how Trump was re-elected and him being an insane, xenophobic Fascist.
Elon Musk urges you to be a Fascist like him, says that you can ignore facts and reality then.
Elon Musk urges you to be a Fascist like him, says that you can ignore facts and reality then.
Continue ReadingThe End of Free Speech?

‘People Power Works’: Shell Backs Down in Anti-Protest Lawsuit Against Greenpeace

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Original article by Jake Johnson republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0). 

Greenpeace activists board a Shell platform headed toward the North Sea on February 6, 2023.  (Photo: Lou Benoist/AFP via Getty Images)

“Shell thought suing us for millions over a peaceful protest would intimidate us, but this case became a PR millstone tied around its neck,” said the co-executive director of Greenpeace U.K.

The United Kingdom-based oil giant Shell agreed Tuesday to settle a major lawsuit the company brought against Greenpeace after activists from the group boarded and occupied a company oil platform last year to protest fossil fuel expansion.

Greenpeace said in a statement that as part of the settlement, it agreed to donate £300,000—roughly $382,000—to the Royal National Lifeboat Institution, a charity that helps save lives at sea, but will pay nothing to Shell and accept no liability. The donation represents a fraction of the over $11 million in damages and legal costs defendants faced, the group said.

The Greenpeace defendants have also “agreed to avoid protesting for a period at four Shell sites in the northern North Sea.”

“Shell thought suing us for millions over a peaceful protest would intimidate us, but this case became a PR millstone tied around its neck,” said Areeba Hamid, co-executive director of Greenpeace U.K. “The public backlash against its bullying tactics made it back down and settle out of court.”

“This settlement shows that people power works. Thousands of ordinary people across the country backed our fight against Shell and their support means we stay independent and can keep holding Big Oil to account,” Hamid added. “This legal battle might be over, but Big Oil’s dirty tricks aren’t going away. With Greenpeace facing further legal battles around the world, we won’t stop campaigning until the fossil fuel industry stops drilling and starts paying for the damage it is causing to people and planet.”

“These aggressive legal tactics, the huge sums of money, and attempts to block the right to protest pose a massive threat.”

Shell brought the case, which Greenpeace characterized as a “textbook” strategic lawsuit against public participation (SLAPP), in February 2023 and sought $1 million in damages from activists who boarded a Shell-contracted ship carrying equipment to drill for oil in the North Sea.

“When the protest ended, the only damage Shell could find was a padlock which, they alleged, our activists broke. That’s it,” Greenpeace U.K. said Tuesday. “Yet they came after us with a million-dollar lawsuit, which they justified for their spending on safety.”

The group, which warned that the case had dire implications for the right to protest, credited a “sustained, year-long campaign against the suit” for forcing the oil behemoth to back down. The campaign, according to Greenpeace, “turned the legal move into a PR embarrassment for Shell.”

“The case was dubbed the ‘Cousin Greg’ lawsuit by Forbes after a scene in the Emmy-awarded drama Succession, in which the hapless character threatens to sue Greenpeace to universal dismay,” the environmental group noted Tuesday.

Greenpeace is currently facing several other SLAPP suits, including one brought by Energy Transfer, majority-owner of the Dakota Access pipeline. The group said Tuesday that the Energy Transfer suit “threatens the very existence of Greenpeace in the U.S.”

“These aggressive legal tactics, the huge sums of money, and attempts to block the right to protest pose a massive threat. It could stop Greenpeace being able to make a real difference on the things that matter most,” the organization said Tuesday. “It’s part of a growing trend by powerful corporations and governments to crush peaceful protest—using draconian laws or intimidation lawsuits like this.”

“It seeks to silence the people most impacted by the climate crisis. This threatens the global fight for climate justice,” the group added. “We won’t give up. This is Shell versus all of us.”

Original article by Jake Johnson republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0). 

Experienced climbers scale a rock face near the historic Dumbarton castle in Glasgow, releasing a banner that reads “Climate on a Cliff Edge.” One activist, dressed as a globe, symbolically looms near the edge, while another plays the bagpipes on the shores below. | Photo courtesy of Extinction Rebellion and Mark Richards
Experienced climbers scale a rock face near the historic Dumbarton castle in Glasgow, releasing a banner that reads “Climate on a Cliff Edge.” One activist, dressed as a globe, symbolically looms near the edge, while another plays the bagpipes on the shores below. | Photo courtesy of Extinction Rebellion and Mark Richards
Continue Reading‘People Power Works’: Shell Backs Down in Anti-Protest Lawsuit Against Greenpeace

Allies Vow to Fight Off Big Oil Lawsuit Aimed at Ending ‘Existence’ of Greenpeace

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Original article by OLIVIA ROSANE republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Dakota Access Pipeline protesters rally at Standing Rock Indian Reservation on February 22, 2017. (Photo: Michael Nigro/Pacific Press/LightRocket via Getty Images)

“No matter who you are, no matter what your politics are, this is one of the most important issues in America right now,” one Greenpeace spokesperson said.

Nearly 300 organizations and tens of thousands of individuals have signed an open letter supporting Greenpeace USA against a $300 million lawsuit brought against the environmental group by Energy Transfer—a company with a majority stake in the Dakota Access pipeline.

The corporation is falsely accusing Greenpeace of being the driving force behind Indigenous-led protests against the Dakota Access pipeline (DAPL) in 2016 and 2017.

Greenpeace USA announced its supporters on Thursday as it launched a campaign to raise awareness about the lawsuit—which it said could “functionally bankrupt” the organization, threatening its “existence.” However, Greenpeace said that the dangers posed by strategic lawsuits against public participation (SLAPPs), like the one it faces, extend far beyond one organization.

“No matter who you are, no matter what your politics are, this is one of the most important issues in America right now,” Greenpeace USA spokesperson Rolf Skar said in a statement. “Energy Transfer built the Dakota Access pipeline. But they’re suing anyway in order to send a message: If you dare to oppose us, we will financially ruin you.”

The Dakota Access pipeline drew massive protests from the Standing Rock Sioux Tribe, more than 300 other tribal nations, and non-Indigenous allies. While former U.S. President Donald Trump forced the pipeline through shortly after taking office in early 2017, the protests rattled the fossil fuel industry and their allies in government. After 2016, 18 states passed anti-protest laws that shielded around 60% of U.S. oil and gas production and related infrastructure from peaceful protests. The industry also turned to “judicial harassment.”

Energy Transfer (ET) initially brought suits against Standing Rock Tribal Chairman Dave Archambault and other Water Protectors, as well as a federal suit against Greenpeace in 2017.

At the time, ET CEO Kelcy Warren told a reporter: “Could we get some monetary damages out of this thing, and probably will we? Yeah, sure. Is that my primary objective? Absolutely not. It’s to send a message—you can’t do this, this is unlawful, and it’s not going to be tolerated in the United States.”

“Everyone who says they care about freedom—of whatever political stripe—should join together to support the Greenpeace campaign to protect people’s right to speak out against corporate abuses.”

While the 2017 cases were all dismissed, ET immediately filed a similar case against Greenpeace in North Dakota state court in 2019. The new case, which is scheduled to go to trial in February 2025, makes what Greenpeace called a “deeply racist” case that Greenpeace, and not Indigenous leaders, coordinated the Dakota Access protests.

“The lawsuit against Greenpeace is also an attack on the Indigenous movement in our fight for self-determination to protect Mother Earth, our waters, sacred and cultural sites, and our youth and future generations,” Morgan Brings Plenty of the Standing Rock Youth Council said in a statement. “These colonialist lawsuits are trying to send a warning to anyone who might consider speaking out and to be quiet—any of you could be next.”

ET also makes several claims that would set a dangerous precedent if upheld, including denouncing legitimate speech as defamatory and making anyone who is present at a protest liable for things that occurred at the same protest.

“The whole point of this type of lawsuit is to limit freedom of expression, so even if you don’t care about climate change, or you don’t care about Greenpeace, you should pay attention,” Skar said. “What’s at stake isn’t just Greenpeace or environmentalism, but the fundamental American rights to freedom of peaceful expression and advocacy for all of us.”

Greenpeace has circulated a letter to ET that has so far been signed by more than 290 organizations—including 350.orgPublic Citizen, ACLU North Dakota, SEIU, Indigenous Environmental Network, and Amnesty International USA—and tens of thousands of individuals, including prominent celebrities and activists like Jane Fonda, Susan Sarandon, Billie Eilish, and Adam McKay.

“This is corporate overreach that is part of a disturbing trend of attacks on advocacy and speech around the world,” the letter reads. “We will not allow lawsuits like this one to stop us from advocating for a just, green, and peaceful future. On the contrary, we will ensure they have the opposite effect, increasing the support for organizations like Greenpeace and strengthening the broader movement for justice.”

“This legal attack on Greenpeace is an attack on us all,” the letter continues. “We will not stand idly by. We will not be bullied. We will not be divided and we will not be silenced.”

Organizations also issued individual statements of support.

“Everyone who says they care about freedom—of whatever political stripe—should join together to support the Greenpeace campaign to protect people’s right to speak out against corporate abuses,” said Robert Weissman, co-president of Public Citizen. “As Greenpeace knows from its own experience, too often corporations use their political, economic, and legal power not just to run PR campaigns justifying their wrongdoing, but to threaten public interest advocates with bad-faith lawsuits (SLAPPs) and other intimidation tactics.”

Brian Hauss, a senior staff attorney for the ACLU, said: “Protesters and advocacy groups should never have to fear the weight of groups like ETP as a condition for expressing their First Amendment rights. The court should see this lawsuit for what it is and toss it.”

Progressives are also calling for a national legislative solution to the problem of SLAPP suits. While most states do have laws on the books against them, North Dakota is one of the 18 that do not.

Rep. Jamie Raskin (D-Md.) introduced the Strategic Lawsuits Against Public Participation (SLAPP) Protection Act during Congress’ last session, and plans to reintroduce it in September of this year.

“The case against Greenpeace illustrates how mega-corporations can use lawsuits to silence, intimidate, and ruin their critics,” Raskin said. “America must demand, and Congress must pass, bipartisan legislation to protect First Amendment rights against ruinous litigation practices.”

Original article by OLIVIA ROSANE republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Continue ReadingAllies Vow to Fight Off Big Oil Lawsuit Aimed at Ending ‘Existence’ of Greenpeace