Free Speech and Cosplay Fascism

Charlie Kirk was assassinated on Wednesday, September 10. Shortly thereafter, J.D. Vance and Stephen Miller began to implement what looks like a preplanned program to find some pretext to destroy free speech. 

Jimmy Kimmel supplied the pretext on Monday night, September 15, when he (1) unwisely assumed that political assassination was a good topic for comedy and (2) stated—apparently incorrectly—that one of the “MAGA gang” was the actual assassin. Shortly thereafter, beginning on September 17, President Snowflake and his minion Brendon Carr, the Chair of the Federal Communications Commission, began calling for the revocation of ABC’s license and those of its local TV affiliates. 

Kimmel’s bosses at ABC hit the panic button and—on that same day, Wednesday, September 17—said they would “indefinitely suspend” Kimmel from the airwaves. 

Large chunks of shit began to hit the fan. As the hours and days went on, chunks of shit kept on hitting the proverbial ventilator.

Actors by the hundreds and others by the thousands began to protest and to initiate boycotts. The unspeakable Ted Cruz found that, after all, he could speak out against the planned death of the free speech.

The tide quickly began to turn. When we bought groceries on Saturday, Kroger still had its flag at half staff in loving memory of St. Charly Kirk, the martyr. But the next day, Brendon Carr was on TV trying to walk back his threat to start killing TV licenses. 

Over in England, the indispensable March Family began to write a very nice song about the American First Amendment. They wrote the song, recorded it, and put it on YouTube very quickly—but not quickly enough to get ahead of ABC’s cowardly decision to reverse their own cowardice, and to get our friend Jimmy Kimmel back on the air as of tonight. 

The “indefinite suspension” ultimately lasted less than one week. 

Walks Like Cosplay Fascism, Talks Like Cosplay Fascism

I have no quarrel with those who, beginning on September 17, have been wailing, gnashing their teeth, and rending their garments about the death of freedom in the United States. But my instincts told me that the public was not going to react well to Vance and Miller goosestepping all over Washington, and that insight seems to have been correct. 

Why? Well, I have to begin by admitting that recent events have tended to confirm H.L. Mencken’s claim that no one ever went broke underestimating the intelligence of the American people. “Don’t know much about history/Don’t know much geography/Don’t know much about a science book/Don’t know much about the French I took.”

And yet … shockingly ill-informed as so many of us are, we do seem to have the sense to realize that government censorship is not a good thing. 

And so, as of this writing, midday, Tuesday, September 23, Trump and Vance and Miller don’t look like Nazis. Instead, they look like clownish, comic, cosplay Nazis as they strut about on the national stage. 

Right now, it looks as if the great plan to use the Kirk assassination as a pretext to destroy freedom has backfired. Bigly. 

But the Fat Lady Hasn’t Yet Delivered Her Aria

I think the cosplay Fascists have two alternatives. 

Here’s the first one: when your evil plot comes crashing down, what you should do is minimize your losses, change the subject, and then go on a retreat to see whether you can find a more intelligent way to work your evil plan and to establish authoritarianism in the United States. 

Here’s the other alternative: when your evil plot comes crashing down, respond by lashing out blindly in all directions, form a circular firing squad, and do everything you can to make yourselves look even more idiotic. 

Wanna bet on which choice they make?

In a Country Riven by Polarization, There is Astonishing Bipartisan Consensus That Pam Bondi is a Moron

The Guardian, Pam Bondi faces rightwing backlash for saying she’ll target ‘hate speech’ after Kirk killing: People across political spectrum, including prominent US conservatives, criticize attorney general’s comments

The Guardian writes,

US attorney general Pam Bondi’s pledge that the Trump administration will “absolutely target” people who use “hate speech” in the wake of the killing of conservative activist Charlie Kirk has prompted criticism of the idea from across the political spectrum, including from prominent conservatives.

Bondi said on a podcast hosted by Katie Miller, the wife of the rightwing White House deputy chief of staff Stephen Miller, that there is “free speech and then there’s hate speech, and there is no place, especially now, especially after what happened to Charlie, in our society”.

Legal experts and conservative pundits have condemned the comments because there is no “hate speech” exception in the first amendment right to speech and as such, targeting people for their charged rhetoric would be unconstitutional.

There is no unprotected category of speech in the constitution or in the case law called ‘hate speech’,” said Heidi Kitrosser, a Northwestern University law professor. “By being so vague and by talking about speech that doesn’t fit into any legal category, she is basically opening the door for taking action against anyone who engages in speech that the president or the Department of Justice or Stephen Miller doesn’t like.”

Kirk, the founder of the powerful rightwing youth activist group Turning Point and a close ally of Donald Trump, was killed on 10 September at Utah Valley University during one of his signature events in which he debated students.

The murder was part of a wave of political violence in the United States, including attempted assassinations of the US president and the assassination of Melissa Hortman, the Democratic speaker of the Minnesota House of Representatives, and her husband.

While some people on both sides of the aisle have spoken about the need for respectful dialogue, Trump and others in his administration have continued to largely blame the violence on the left and warned of a “vast domestic terror movement” prompting fears he plans a broad crackdown on his political opponents.

JD Vance guest-hosted Kirk’s podcast this week, during which the vice-president urged people to call the employers of people celebrating Kirk’s murder and said that the administration would “work to dismantle the institutions that promote violence and terrorism in our own country”.

When asked about Bondi’s comments on Tuesday, Trump told an ABC News reporter: “We’ll probably go after people like you because you treat me so unfairly. It’s hate. You have a lot of hate in your heart. Maybe they’ll come after ABC.”

Bondi also threatened to prosecute an Office Depot employee who reportedly refused to print flyers for a vigil for Kirk.

But people on the right who normally strongly support Trump have condemned Bondi’s comments and called for her ouster.

Conservative pundit Matt Walsh, who said after Kirk’s death: “We are up against demonic forces from the pit of Hell,” posted on Twitter/X of Bondi: “Get rid of her. Today. This is insane. Conservatives have fought for decades for the right to refuse service to anyone. We won that fight. Now Pam Bondi wants to roll it all back for no reason.”

Erick Erickson, a conservative commentator, also wrote on X: “Our Attorney General is apparently a moron. ‘There’s free speech and then there is hate speech.’ No ma’am. That is not the law.”

And Savanah Hernandez, a commentator with Turning Point, described those words from Bondi as “most destructive phrase that has ever been uttered … She needs to be removed as attorney general now.”

Commentators also pointed to Kirk’s own comments from 2024 concerning the idea of hate speech.

“Hate speech does not exist legally in America. There’s ugly speech. There’s gross speech. There’s evil speech,” Kirk wrote. “And ALL of it is protected by the First Amendment. Keep America free.”

Bondi’s talk of targeting people who use “hate speech” is not legal because the “first amendment creates very, very strong protections from punishment for speech that’s offensive or for speech with which people disagree. The bar for punishing speech based on content, and especially based on viewpoint, is extremely, extremely high,” Northwestern’s Kitrosser said.

Following the backlash, Bondi, who already faced calls to resign for how she handled files related to sex trafficker Jeffrey Epstein, appeared to try to walk back her comments on Tuesday.

“Freedom of speech is sacred in our country, and we will never impede upon that right,” Bondi said in a statement to Axios. “My intention was to speak about threats of violence that individuals incite against others.”

Kitrosser, however, said she remained “very concerned as to how broadly they are going to define what is an illegal threat and as to what other loopholes they may try to carve out from existing free speech case law”.

She added: “I think that we all need to remain very vigilant.”