Free Speech Prohibited By Law - What's Next? | Michael Rectenwald

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Michael Rectenwald outlines how recent state level laws and policing actions blur the line between criticism of a foreign government and prohibited hate speech, raising fundamental First Amendment concerns for ordinary Americans. He explains the legal mechanics behind the IHRA definition of antisemitism and how its adoption across dozens of states functions like a loose regulatory net that can tighten over time, much like a zoning rule that quietly becomes a building ban. Rectenwald then moves from legal theory to institutional infrastructure, arguing that lobbying networks, campaign finance structures, and tax exempt organizations create incentives that align elected officials with foreign interests rather than constituents. He illustrates the real world consequences through cases in Florida and Texas where police visits over social media posts produce a chilling effect, discouraging speech before it even occurs. The forward looking risk, he concludes, is that once speech about one protected subject becomes policed, the precedent normalizes a broader erosion of civic agency, leaving democratic participation hollow even as its formal structures remain intact.