Gagged by Power: The Assault On Free Speech
Free Speech: Confronting the Growing Threats to Our Fundamental Liberty
Free speech is not just another constitutional right, it is the cornerstone of a free and democratic society. It allows for the open exchange of ideas, fosters innovation, and serves as a check on government power. Yet today, this essential liberty is under aggressive attack from multiple fronts: government overreach, corporate censorship, and international pressures. The time has come to confront these threats head-on and reaffirm our commitment to protecting free expression in all its forms.
Government Overreach: A Direct Assault on Expression
Recent events have exposed alarming instances where government officials have attempted to silence dissenting voices. In the Supreme Court case Murthy v. Missouri, allegations emerged that federal agencies, including the White House, pressured social media platforms to censor content that contradicted official positions on critical issues like the COVID-19 pandemic and political controversies. Although the Court ruled that the plaintiffs lacked standing, Justice Samuel Alito's dissent sounded the alarm on subtle yet coercive tactics that threaten to undermine free speech.
Adding fuel to the fire, Meta CEO Mark Zuckerberg revealed in a letter to Congress that senior officials from the Biden administration pressured his company to suppress certain COVID-19 content, including humor and satire. Zuckerberg expressed regret for not standing up more forcefully against this pressure. This revelation underscores a disturbing trend: government entities attempting to circumvent the First Amendment by coercing private companies into doing their bidding.
Corporate Censorship: Financial Institutions as Gatekeepers
It's not just tech giants that are complicit in stifling free speech; financial institutions are increasingly wielding their power to punish individuals and organizations for their beliefs. The Alliance Defending Freedom (ADF), in its 2024 Viewpoint Diversity Score Business Index, found that 76% of major tech, software, and financial services companies have vague or subjective terms of service. These ambiguous policies grant them broad discretion to de-platform or deny services to customers based on ideological grounds.
Consider the case of Indigenous Advance, a Christian charity that suddenly found its accounts with Bank of America canceled without a clear explanation. Such actions effectively cripple organizations, cutting them off from essential financial services simply because of their religious or political viewpoints. This is not just inconvenient—it's a direct attack on the ability of individuals and groups to participate fully in society.
Big Tech's Double Standards and the Silencing of Dissent
Tech companies like Google and Meta have immense control over the dissemination of information, and they have not hesitated to suppress content that doesn't align with certain ideologies. The suspension of PragerU from Google Play is a glaring example. PragerU, a mainstream conservative digital media organization, was banned based on vague "hate speech" policies, despite producing educational content that millions find valuable.
The Alliance Defending Freedom’s report highlights that 100% of evaluated digital services providers, from Amazon to Zoom, have terms of service that are open to interpretation and can be used to silence users arbitrarily. This lack of transparency and consistency in enforcement disproportionately affects conservative and religious voices, creating an uneven playing field where only certain perspectives are allowed to flourish.
Political Actions Undermining Free Speech
Political leaders are entrusted with upholding the Constitution, but some have taken actions that directly undermine free speech. Vice President Kamala Harris, during her tenure as California Attorney General, defended a state law requiring pro-life pregnancy centers to provide information about state-funded abortion services. The U.S. Supreme Court struck down the law in National Institute of Family and Life Advocates v. Becerra, ruling it as unconstitutional compelled speech.
Furthermore, Harris attempted to force nonprofit organizations to disclose their donors' identities, a move that the Supreme Court deemed a violation of the First Amendment's freedom of association in Americans for Prosperity Foundation v. Bonta. These actions reveal a troubling disregard for constitutional protections and set a dangerous precedent for government overreach into individual liberties.
International Pressures: Exporting Censorship to America
The threat to free speech extends beyond our borders. International regulations, particularly from the European Union and countries like Brazil, are pressuring American companies to adopt censorship practices that conflict with the First Amendment. The European Union's Digital Services Act (DSA) imposes strict content moderation requirements on large online platforms, mandating the removal of content deemed illegal or harmful under expansive and often subjective definitions.
Non-compliance can result in crippling fines or even bans, compelling companies to apply these restrictive standards globally to simplify operations. This "Brussels Effect" effectively exports foreign censorship to the United States, undermining our constitutional rights and allowing foreign entities to influence what Americans can say and see online.
In Brazil, the government took the extraordinary step of banning X (formerly Twitter) over its refusal to comply with censorship demands. Such international actions not only threaten free speech in their own countries but also embolden censorship efforts worldwide, setting a perilous example that governments can silence dissent by exerting pressure on global platform
The Collusion Between Government and Corporate Interests
Perhaps most alarming is the apparent collusion between government agencies and private corporations to suppress speech. Evidence suggests that U.S. authorities and certain non-governmental organizations have indirectly supported foreign censorship efforts, creating a backdoor method to suppress protected speech at home. Initiatives ostensibly aimed at combating "misinformation" have been used to target and de-platform individuals and organizations holding dissenting views.
This partnership between government and corporate interests represents a clear and present danger to free speech. It circumvents constitutional safeguards designed to protect citizens from government overreach and concentrates power in the hands of a few who decide which voices are heard and which are silenced.
The Urgent Need to Defend Free Speech
The erosion of free speech is not a partisan issue—it's a fundamental threat to democracy itself. When governments dictate acceptable speech, when corporations silence dissenting voices, and when international bodies impose their standards on American citizens, we risk losing the very freedoms that define our nation.
We must demand transparency and accountability:
From Government: Insist that our leaders respect the Constitution and refrain from using their power to coerce or intimidate private entities into suppressing lawful speech.
From Corporations: Urge companies to uphold free expression by adopting clear, objective policies and resisting undue pressure from governments or interest groups.
From Ourselves: Stay informed, speak out against censorship in all its forms, and support organizations that fight to protect free speech.
Reclaiming Our Fundamental Liberty
Free speech is under siege, but it's not too late to turn the tide. We must confront government overreach, corporate censorship, and international pressures with unwavering resolve. The cost of inaction is too high—a society where open dialogue is stifled, innovation is hindered, and freedoms are eroded.
Now is the time to reaffirm our commitment to the First Amendment. By standing together and demanding that all voices have the right to be heard, we can preserve the marketplace of ideas that is essential for progress and democracy. Let's aggressively defend free speech, not just for ourselves but for future generations who deserve the freedom to think, speak, and believe without fear.
Rick Buchanan
Executive Director
The Akar Institute