The State Of Free Speech In America – How Both Sides Are Killing Our Most Fundamental Right

It feels like the rules are changing. A protest that was once legal is now a crime. A bad joke that was once edgy is now a fireable offense. A political group you disagree with is suddenly labeled “extremist.”

From college campuses in America to the halls of government in Europe and the streets of Russia, the boundaries of free speech are being tested and redrawn.

This isn’t just today’s noisy political debate; it’s a global trend that affects everyone. To navigate this confusing new world, we need a compass – a clear, sober guide to understanding the new threats to our most fundamental freedom.

At a Glance: The State of Free Speech

  • The Big Picture: Around the world and in the U.S., the fundamental right to free speech is facing a complex and growing set of pressures from governments, corporations, and the public itself.
  • The New Weapons: Governments are using new tools to control speech, including “terrorist” or “extremist” designations for political opponents, pressure campaigns on social media platforms, and new laws restricting public protest.
  • The Chilling Effect: In the U.S., the backlash to the Charlie Kirk assassination has led to a wave of firings and suspensions of private citizens for their online speech, creating a powerful chilling effect.
  • The Constitutional Issue: These trends are a major stress test for the First Amendment, forcing a national conversation about the line between protected speech, dangerous extremism, and the proper role of government in policing the “marketplace of ideas.”

The New Red Pen: Labeling Opponents ‘Extremists’

One of the most powerful new tools used by governments to silence dissent is the act of labeling it “extremism.”

In Russia, the Supreme Court has branded the entire international LGBT movement an “extremist organization,” putting activists on the same legal footing as ISIS and leading to prison sentences. In the United Kingdom, a new law has been used to ban an Islamist political group, while in Germany, a court has ruled that the government can place a major opposition political party under surveillance as “suspected extremist.”

Here in the U.S., the Trump administration has taken a similar path by formally designating several Mexican drug cartels, like the Sinaloa and CJNG cartels, as Foreign Terrorist Organizations. The White House has also announced its intention to designate Antifa a “major terrorist organization,” though doing so for a domestic ideological movement with no clear leadership presents immense legal and constitutional challenges.

This strategy is a profound test of due process. It allows governments to use the immense power of national security laws to target and criminalize groups they deem to be dangerous or politically undesirable.

Protesters clashing with police at a demonstration

The Digital Gatekeepers: Pressuring Platforms to Censor

The new public square is digital, and governments worldwide are in a race to control what is said there. This is often done not through open censorship, but through quiet pressure on the tech companies that own the square.

In the U.S., the Supreme Court case Murthy v. Missouri last year dealt with this very issue of government “jawboning.” While the court did not rule on the merits, it effectively allowed the federal government’s routine “requests” to social media companies to remove content to continue.

This is a global phenomenon. The European Union is now aggressively enforcing its Digital Services Act, threatening platforms like X and TikTok with massive fines if they fail to remove “illegal content.” In Brazil, a single judge has repeatedly ordered social media accounts to be blocked, and in Pakistan, the entire X platform has been shut down for months.

“The new public square is digital, and governments worldwide are in a race to control its content – not through open censorship, but through quiet pressure and complex regulations aimed at the tech companies that own the square.”

The Price of an Opinion: The Post-Tragedy ‘Liar’s Veto’

Sometimes, the most powerful force chilling speech is not the government, but the fear of public backlash and the loss of your livelihood.

The tragic assassination of Charlie Kirk has been followed by a shocking wave of firings. Multiple reports have confirmed that teachers, professors, airline employees, and others have been fired or suspended by their employers for making social media posts that were deemed insensitive or offensive about Kirk’s death.

This was starkly illustrated in the case of late-night host Jimmy Kimmel. After he made critical on-air remarks about Kirk, the chairman of the Federal Communications Commission (FCC) publicly pressured ABC and its affiliates, hinting at regulatory consequences. The network quickly suspended his show indefinitely.

“This is a new and powerful form of censorship, not from the government directly, but from employers. In the emotional aftermath of a tragedy, a single unpopular sentence on social media can now cost you your job.”

Jimmy Kimmel on the set of his show

Guarding the Guardrails

The challenges to free speech in 2025 are not simple. They are a complex and dangerous mix of new national security laws, quiet government pressure on tech giants, and a culture of social intolerance that can cost a person their job.

While the American First Amendment remains the strongest and most robust protection for free speech in the world, these global and domestic trends are a stark warning.

Both the political right and the political left are actively contributing to an environment where Americans increasingly feel they cannot speak freely, though they use different weapons to achieve this chilling effect.

The Threat from the Right: The Power of the State

The primary threat to free speech coming from the modern right, particularly from the current administration and its allies, is the use of the power of the government itself to punish or intimidate disfavored speech.

This isn’t about mobs or corporations; it’s about official state action. We are seeing this in:

  • Targeted Investigations: The “Weaponization Working Group” at the DOJ, which is investigating political opponents, creates a chilling effect where criticism of the administration could lead to a government probe.
  • Retaliatory Actions: The President using his Commander-in-Chief power to move a military base from Colorado specifically because he dislikes the state’s election laws is a direct use of government power to punish a state for its political choices.
  • Financial Pressure: The administration’s campaign to threaten universities with a cutoff of federal funding over campus speech and protests is another example of using the government’s financial might to influence what is said and allowed in academic institutions.

The threat from this direction is constitutional and official. It is a top-down pressure that uses the legitimate tools of government – investigations, funding, and executive orders – in ways that can intimidate and silence political opposition.

The Threat from the Left: The Power of the Culture and the Corporation

The primary threat to free speech coming from the modern left is the use of social and corporate power to enforce ideological conformity and punish dissent.

This is not typically about government action. It’s about creating a climate of intense social pressure where a single “wrong” statement can cost you your reputation and your livelihood. We are seeing this in:

  • “Cancel Culture” and Deplatforming: Organized social media campaigns designed to get speakers disinvited from college campuses, books pulled from shelves, or individuals fired from their jobs.
  • Corporate Capitulation: The willingness of corporations, universities, and other private institutions to fire employees not for poor job performance, but for their political speech outside of work, often in response to online outrage. The firings of private citizens for their social media comments after the Charlie Kirk assassination are a prime example.
  • Speech Codes on Campus: The implementation of university policies that punish “offensive” or “harmful” speech, which, while often well-intentioned, can lead to a climate of self-censorship among students and faculty who fear saying the wrong thing.

The threat from this direction is social and economic. It is a bottom-up pressure that uses public shame and the fear of professional ruin to enforce a particular set of social and political norms.

The Unifying Problem

While the methods are different, the outcome is the same: a shrinking public square and a rise in self-censorship.

Both sides are contributing to a climate where Americans are increasingly afraid to voice an unpopular opinion for fear of being targeted – either by their government or by their employer. This is a profound crisis for a republic that, according to the First Amendment, is supposed to thrive on the “uninhibited, robust, and wide-open” debate of ideas.