ORL Supports the Constitutional Right of Free Speech and Freedom of the Press Under the First Amendment

The issue. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The text of the First Amendment clearly and unequivocally protects every American’s right to free speech. At the core of that protection is the right to criticize our government and its leaders and, yes, even make jokes at their expense. This Administration has repeatedly undermined directly and indirectly our First Amendment rights through regulatory threats against universities, nonprofits, businesses, and law firms, and it is now directly aiming the power of the state at comedians and the media companies that employ them.  

In his inaugural address earlier this year, President Trump proclaimed to Congress and the world that he was a champion of free speech and promised an Executive Order that would “immediately stop all government censorship and bring back free speech to America.” He justifiably objected to efforts by previous Administrations to silence the opposition in direct and indirect ways. The president has not yet issued his promised executive order, and his FCC Chairman would undoubtedly have violated it when he announced support for Jimmy Kimmel’s suspension and warned ABC that "we can do this the easy way or the hard way." President Trump then doubled down by threatening networks that covered him negatively with the revocation of licenses.  

On September 23, 2025, the President stated in a Truth Social Post that Jimmy Kimmel is “another arm of the DNC” and that putting him on “would be a major Illegal Campaign Contribution.”  The President then chillingly said “I think we’re going to test ABC out on this. Let’s see how we do.  Last time I went after them, they gave me $16 Million Dollars.  This one sounds even more lucrative.”  This is the President of the United States threatening a news organization with litigation because it provides a platform for a comedian critical of the President. 

Since his election, the President and his Administration have repeatedly undermined First Amendment protections by threatening institutions whom they deemed insufficiently politically correct by threatening to withdraw benefits or the initiation of litigation unless they tow their ideological line.  They have now stepped up their First Amendment assault by abandoning indirect coercive efforts in favor of directly trying to censor comedians and have them pulled off the airwaves. This blatant and direct attack on free speech rights violates the text of the Constitution and undermines cherished civil liberties that makes our Bill of Rights the envy of the world. 

By threatening satiric comedic talk show hosts and programs posing a different point of view, question his tactics, or make a joke at his expense – which is what comedians do – Trump has threatened media companies in the midst of merger discussions. These actions are in direct conflict with free speech in a free society. Thankfully, leaders in both political parties have registered their opposition to these unacceptable incursions on First Amendment freedoms.

These leaders, including brave members of the Republican party, have spoken up because the threat to our most cherished right to free speech is real. Chairman Carr recently stated that the United States was “in the midst of a massive shift in dynamics in the media ecosystem for lots of reasons, again, including the permission structure that President Trump's election has provided." So, in his view, the FCC is now empowered to use of the President’s election “permission structure” to challenge and  threaten free speech and harass his political opponents or anyone who dares criticize or make fun of the President or challenge his policy positions. Here, Chairman Carr thoroughly misunderstands our constitutionally protected freedoms: President Trump’s re-election did not abolish our rights as citizens to free speech or the rights of a free press. The president’s election did not institute any new permission structure or confer any such power to abridge or abolish our constitutional rights as citizens.

Many of our ancestors fought and died in the American Revolution to defend our rights and freedoms as free citizens against the abusive power of a tyrannical king. They cherished and championed free speech then just as now we, in these perilous times, must also cherish, champion, and defend free speech and freedom of the press to perpetuate a free society for future generations.

ORL policy position. Based on our founding principles, Our Republican Legacy supports the Constitution, the rule of law, and the freedom of speech and press guaranteed by the First Amendment. We believe in active debate and dissent in any discussion of the many public policy issues and challenges facing our nation. We believe in peaceful protests as an extension of our freedom of speech and of the press.

We oppose any attempts by those in political power of either party to curb or censor free speech by fellow citizens including protected speech by a free press. We oppose any attempts at regulatory coercion, extortion, monitoring of free speech, or veiled threats by the White House or any government agency to withhold government approval of any application or transaction based on any statement made by a citizen or corporation that may be at odds with the President’s position or views on any policy issue.

Our position is consistent with Supreme Court rulings, which have a history of defending the constitutional right of free speech. As Justice Sotomayor wrote for the 9-0 majority in the National Rifle Association v. Vullo just last year: “the Court reaffirms what it said then [sixty years ago in Bantam Books, Inc. v. Sullivan]: Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.”

ORL recommended actions. Our Republican Legacy recommends two steps to preserve and protect our freedom of speech and freedom of the press.

First, we call on President Trump and all administration officials to cease and desist from their campaign to curb the exercise of free speech and coerce or threaten citizens and corporations who may disagree and dissent from the President’s views and policies. We call on the President to issue and abide by the promised new executive order reaffirming the statement he made in his inauguration address, with which we agree, to immediately stop all forms of government censorship and support free speech for all Americans.  

Second, we urge every American citizen to freely exercise the constitutional right of free speech and freedom of the press to communicate their views, including their dissents and disagreements, on the many public policy issues and challenges facing our nation today.  Bravely voice your views even if those in power may disagree because that is our constitutional right and responsibility in a free society.