FROLITICKS

Satirical commentary on Canadian and American current political issues

Free Speech is on the Decline in America

Political satire has long been considered one of the gems reflecting the strength of free speech in America.  However, recently, freedom of expression has taken a hit in the entertainment industry, as exemplified by the cancellation by networks of two popular late-night talk shows.  I am of course referring to The Late Show With Stephen Colbert and Jimmy Kimmel Live.  Both shows have been signalled out by the Donald Trump and his administration.

Let’s first begin by pointing out that the chairman of the Federal Communications Commission (FCC) is a political appointee.  Trump nominated Brendan Carr for FCC chairman in November 2025, obviously someone trusted by the president.  The FCC is supposed to be an independent body overseeing licensed media sources in the U.S., primarily regulating the industry and ensuring certain prescribed activities are followed under its purview.  The FCC also oversees the rules governing how much of a sector a private company can obtain in order to prevent any one company from monopolizing the output of a media source — be it television or radio for example.  For this reason, the FCC wields power over the broadcast licenses that are granted to local TV stations by the federal government and the merger of companies running specific media sources.

Paramount Global’s pending sale to Skydance Media needed the Trump administration’s approval (i.e. FCC).  It just so happened that Paramount Global, the parent company of CBS, settled a recent lawsuit with Trump over a 60 Minutes interview involving Democratic presidential candidate Kamala Harris.  In Stephen Colbert’s subsequent monologue, he said he was “offended” by the $16-million U.S. settlement.  In addition, Colbert has targeted Trump for years.  From 2005 to 2014, The Colbert Report aired a satirical riff on right-wing news talk shows, especially Trump’s favourite Fox News.  Paramount and CBS executives claimed in a statement that the cancellation was purely a financial decision against a challenging backdrop in late night television, noting that it was not related in any way to the show’s performance, content or other matters happening at Paramount.  Something difficult to believe given that Colbert’s award winning show was ranked in the most recent ratings from Nielsen as the best late-night show and the only one to gain viewers so far this year.

Shortly after Carr’s criticism on Fox News of Kimmel’s remarks in a podcast about MAGA and the assassination of Conservative activist Charlie Kirk, Nexstar, an owner of ABC affiliate stations around the country, pre-empted Mr. Kimmel’s program for the foreseeable future.  Of note, Nexstar recently announced that it planned to acquire a rival company in a $6.2 billion deal, which has to be scrutinized by the F.C.C.  According to the New York Times, Chuck Schumer, opposition Democratic leader in the U.S. Senate, denounced on CNN the pressure on ABC from the Trump administration as “despicable, disgusting, and against democratic values.”  He compared it to the playbook of autocratic Chinese and Russian leaders, noting that Trump and his allies seem to want to shut down speech that they don’t like to hear.  It certainly would appear, given Carr’s public outbursts, that the FCC is being used to do just that.

Now, the life of television and radio shows normally rely on the free enterprise market as it relates to corporate sponsors and their marketing through ads on popular shows.  This is fine given that there is a good deal of healthy competition within varying media.  People’s interest in and following of media outlets is what rightfully determines a show’s success.  However, as in the print news media, we see today increasing interference by leaders in trying to influence the programming and content of shows, especially those involving political satire and editorial opinion.  The power of the FCC to regulate the industry is obviously being abused by the current administration.  Once again, this is clearly another attack on the right to free speech as provided for under the U.S. constitution. 

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Trump’s Use of Military for Domestic Policing Represents a New and Dangerous Trend

Let me take you back to the province of Quebec in the fall of 1970, and what became known as the October Crisis in Canada. The crisis was the culmination of a long series of terrorist attacks perpetrated by the Front de libération du Québec (FLQ), a militant Quebec independence movement, between 1963 and 1970.  On 5 October 1970, the FLQ kidnapped British trade commissioner James Cross in Montreal.  Within the next two weeks, FLQ members also kidnapped and killed Quebec Minister of Immigration and Minister of Labour Pierre Laporte. Quebec’s premier Robert Bourassa and Montreal’s mayor Jean Drapeau called for federal help to deal with the perceived crisis.  In response, then Prime Minister Pierre Trudeau, by invoking the War Measures Act, deployed the Armed Forces across Quebec and in Ottawa — the only time it had been applied during peacetime in Canadian history.  Seen as inappropriate and overkill at the time by legislators, the federal government subsequently substituted it with the Emergencies Act in 1988 as the modern-day replacement to the previous War Measures Act which had not been designed to deal with domestic security issues.  At the time of the October Crisis and the related deployment of Canadian troops, the American media quickly decried the move as something that could never happen in the U.S. under its constitution!

Well, all that has now changed with the Trump administration’s recent deployment of 4,700 National Guard troops and Marines to Los Angeles, without the California governor’s request,  to help quell protests that had erupted over immigration raids and to protect the federal agents conducting them.  Just this week, that move has been followed up by the contentious announcement that at least 800 National Guard troops are to be deployed into the streets of Washington, D.C., to supposedly fight a growing crime wave.  What is concerning is that officials have stated that the soldiers in Washington will probably be able to detain people temporarily in certain circumstances until federal agents arrive.  It is also reported that Military leaders are trying to keep the rules of engagement for the D.C. mission as narrow as possible. One Defense Department official reportedly stated that soldiers carrying M-16s, who have been trained to kill adversaries, are not to be put in policing roles.  However, if threatened they can use force in response, whatever that means.  In the case of L.A., some National Guard soldiers were accused of having used overly aggressive tactics against protesters. Trump has also hinted that similar deployments could be done in other urban centres, mentioning Chicago and New York City.

Local citizen protests have already begun in Washington, and are expected no doubt to continue.  The city’s mayor expressed similar disbelief, noting that the last two year’s statistics have shown an actual decline in violent crime ranging from 20 to 25 percent.  The outrage is understandable, since the Canadian 1970 experience led to hundreds of unwarranted arrests of innocent people by the authorities, who in several cases where simply political opponents of the Quebec government at the time.  This created a subsequent backlash among political parties and Canadians, resulting in the legislative changes as noted above. 

In interviews with The New York Times, members of the California National Guard said the deployment to Los Angeles had eroded the morale of the force.  Guard officials also expressed concerns that the L.A. deployment would hurt re-enlistment.  For the military as a whole, the cost could come in recruiting and retention, something critics are warning could also happen in Washington.

In a democracy, deploying troops domestically during peacetime without justification and on a whim can be very damaging from an institutional and political standpoint.  In this case, the president is overstepping his power and needs to be challenged by Congress and in the courts.  Let’s face it, there is no immediate threat to national security and this militarized process undermines the credibility and integrity of local and state police forces.  While the domestic deployment of armed forces to assist communities facing local natural disasters such as wildfires, earthquakes and floods can be justified, their deployment under the above circumstances is unwarranted and represents a dangerous precedent.  

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Would Canadian Universities Be Susceptible To Trump-Like Attacks?

Back in April, the New York Times reported that two groups representing Harvard professors sued the Trump administration claiming that its threat to cut billions in federal funding for the university violates free speech and other First Amendment rights.  The group’s lawsuit by the American Association of University Professors and the Harvard faculty chapter follows the Trump administration’s announcement that it was reviewing about $9 billion in federal funding that Harvard receives.  Earlier in March, the administration admitted that investigators from a branch of Immigration and Customs Enforcement (ICE), typically focusing on human traffickers and drug smugglers, had begun scouring the internet for social media posts and videos that the administration could argue showed sympathy toward Hamas.  Subsequently, several students were illegally arrested and detained by ICE.  Numerous American universities are now under the gun.  The result has also been hundreds of protests, including those by students, professors and members of the community at large, against the Trump administration’s threat to further cut funding for universities.

In Canada, the situation is very different.  There have also been protests over the Palestinian-Israeli conflict, including temporary encampments on campuses.  However, the majority were settled peacefully and without most students being expelled or detained.  Yes, there is no doubt that some anti-semitism and anti-Islamic activities have occurred on campuses.  Moreover, such activities are normally dealt with by the university administrations without needless inference by the authorities.  Canadian universities have long professed the need for academic freedom and freedom of speech as fundamental principles for places of higher learning.  Most have clear guidelines dealing with on-campus hate messaging, harassment or any form of violence.  Should such outcomes occur, it is only then that the authorities would be brought in to determine if any crimes had been committed.  So far, this approach appears to have worked well.

Imagine a government sending a school a list of demands that it must meet if it wants to keep receiving funding support!  As in the case of the Trump administration, such a list would require the university to examine how teaching staff are hired, the background of potential recruits related particularly to certain types of political activity or views, any suspected possible plagiarism regarding previous papers or dissertations, etc., etc.  This would also include current academic staff and administrators.  Such interference by governments in Canada would never be tolerated.  One would certainly have to deal with many cases of unjust dismissals and discriminatory practices.  I very much doubt that any Canadian university would bend to such government pressures, declaring such interference as an attack on academic freedom and their very independence. 

The attacks on American universities and blockage of government funding support for scientific and medical research may actually benefit Canadian universities in the long run.  This has already happened in a reported case whereby three Yale professors have decided to accept positions at the University of Toronto.  One can only speculate that as more R&D projects are halted due to the loss of funding, researchers, including Masters and PHD students, may seek to potentially check out opportunities in Canada and elsewhere.  The current leadership of the U.S. in scientific research is now being greatly threatened by such policies. 

All in all, no matter the results of the above noted litigation, extensive damage has already been done.  The reputations of numerous American universities and their academic freedom have suffered.  Fortunately, to date there is no evidence that Canadian governments would want to go down the same road.  Canada is very fortunate to have a strong and vital education system, most of which is largely publicly funded and readily accessible to both domestic and international students.  Would Canadian universities be susceptible to Trump-like attacks?  I believe that the answer is a clear and emphatic “No”.  

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U.S. Increasingly Moving Towards Police State

President Trump is obviously clamping down broadly on dissent using the tools of the federal government.  Now, the administration has put the pressure on universities themselves to crack down on student protesters.  Increasingly, for example, one is seeing that colleges are using surveillance videos and search warrants to investigate students involved in pro-Palestinian protests.  Some experts believe that it’s this new frontier in campus security that could threaten civil liberties.

In addition, it has been pointed out in the media that some colleges, such as the University of Pennsylvania, Columbia University, George Mason University, University of California, Indiana University Bloomington, and University of North Carolina to name a few, have had the university police obtain warrants to search personal property such as a student’s car, laptop or cellphone.  In most cases, no actual crime has been committed by the affected student.

Zach Greenberg, a First Amendment lawyer at the Foundation for Individual Rights and Expression, a free speech group, reportedly notes that university police have sometimes even cited social media posts to justify warrant requests.  But as he states, such posts are constitutionally protected speech, and he goes on further to stipulate that such campus police tactics could very likely chill free expression.  Furthermore, lawyers representing affected students argue that a college seeking a search warrant against one of its own students is not because that student committed a crime, but purely because in many cases a student attended a protest and was filmed at the protest.  In most cases so far, few students end up not even being charged.  In some cases, the university may simply threaten them with possible suspensions should they continue to participate in protests, including those that are peaceful.

In addition, for months now, President Trump has been threatening to deport foreign students who took part in last year’s campus protests over the Israel-Hamas war.  Apparently, investigators from a branch of Immigration and Customs Enforcement (ICE) have begun scouring the internet for social media posts and videos that the Trump administration could argue showed sympathy toward Hamas.  Curious indeed since ICE typically focuses on human traffickers and drug smugglers for possible deportation.  As in the recent arrest by ICE of Mahmoud Khalil, a young U. of Columbia graduate student with a green card living in New York, the government is using an old provision in the Immigration and Nationality Act of 1952 to argue that his actions during protests at Columbia University harmed U.S. foreign policy interests by fomenting anti-Semitism.  As of yet he has not been charged with an actual crime.  The Act was passed in the context of Cold War-era fears and suspicions of infiltrating Soviet and communist spies and sympathizers within American institutions and federal government.  Anticommunist sentiment was associated at the time with McCarthyism in the U.S., led by an administration aiming to push for selective immigration to preserve national security.  Since then, there have been very few cases where similar powers were cited in deportation proceedings under the Act.  Its current use would certainly be difficult to defend in the courts.

While some search warrants may be related to an ongoing campus vandalism investigation, few of the campus police seizures have actually resulted in charges being laid.  Indeed, without just cause I would argue that such search and seizure practices by campus police endanger free speech and the civil liberties of those affected university students.  As was the case in the 1930s Nazi Germany, today it’s students, but tomorrow it could be anyone; including those living, studying and working legally in the U.S.  This new reality certainly meets the definition of a police state.

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