by mrandish | 2025-05-11 17:23:59+00:00
> It doesn't have free speech laws

While I agree the current US administration is exercising the executive branch's discretionary power in novel and aggressive ways I certainly don't approve of, the student examples I'm aware of involve leveraging existing immigration laws where the student is on a conditional visa which can be revoked on subjective grounds which amount to little more than 'being undesirable'.

The relevant immigration laws aren't new and haven't changed. The only difference is they are now being enforced in cases where they previously weren't. While some of these have clearly been examples of selective enforcement based on the student's behavior including speech, the administration is resorting to non-speech immigration laws because they can't punish the student's speech directly. In fact, there were many more students protesting alongside those deported who the administration has been unable to touch because they are citizens or legal residents. Despite the regrettable outcome for these students, this is evidence the first amendment is not only strong but remains an almost untouchable 'third rail' in both U.S. law and U.S. politics.

The issues around various Washington law and lobbying firms which I know of aren't speech related, they're just a new tactic in typical partisan warfare. That warfare itself isn't new. Every time the administration changes parties the fortunes of 'the other side's' law and lobbying firms change through losing discretionary contracts, clearances and approvals. We normally just don't hear about it. This is especially true when Congress is controlled by the same party as the White House (which tends to happen every 8 to 12 years and last for two years).

So, I agree with you in strongly disapproving of these new tactics and aggressive partisan gamesmanship, especially because now that the Republicans have introduced these new tactics, history shows the Democrats will use them in retaliation when they regain power. My point was specific. The US courts have done a good job balancing the interpretation of the first amendment (although it took over a hundred years of correcting early bad rulings), which I still believe is true. However, I didn't say that about other areas of U.S. law which still need improvement. Notably selective enforcement and executive branch discretionary authority. The silver lining to the current dark cloud is now that the current admin has 'weaponized' these discretionary powers it's already triggered a large number of legal challenges, so the courts will have the opportunity to tighten interpretations of current laws. In cases where current laws don't address these issues, it will be up to future Congresses to create or amend laws. Personally, I think both of these areas could benefit from new legislation - especially selective enforcement. Current U.S. law has some restrictions on selective enforcement but it's limited to certain domains. I'm in favor of making enforcement of most laws and regulations a 'use it or lose it' proposition for government. If they chose to not enforce it before, they can't suddenly start to enforce it now. Obviously, that's a pretty radical approach and would have a lot of interesting consequences but I think it would be net positive. For one, it would almost certainly result in unenforced laws being effectively repealed (and we have a lot of those, especially on the state level). But I think the most valuable aspect would be forcing administrators and courts to decide which laws we actually need and to more precisely define policies for enforcing them instead of relying on ad hoc subjective judgements of bureaucrats and politicians.

Back on the OP topic of 'hate speech' laws in the EU, the current shit show in the U.S. should be a huge wake up call to EU citizens that it's a very bad idea to grant government the power to punish speech instead of just actions. I believe representative democracy is the best political system but worry not enough people understand that in a democracy, when choosing how much power to give to the government, it's crucial to realize people you don't like will sometimes be in power and they'll abuse the power you granted government back when people you liked were in control. What's happening now in the U.S. is a hard reminder of this eternal truth. I believe Trump's actions will lead to all U.S. presidents having less discretionary power in the future - and that's a good thing.