Attacks on Free Speech Are Already Ramping Up

For years, Donald Trump has vowed to go after his critics and journalists. As he prepares to reenter the White House, he’s nominating loyalists, like incoming FBI director Kash Patel, who have pledged to do the same.

The Trump administration may soon have a new weapon to target perceived enemies. On this week’s episode of The Intercept Briefing, we discuss the Stop Terror-Financing and Tax Penalties on American Hostages Act, or H.R. 9495.

Last month, the House passed H.R. 9495, which would give the Treasury Department secretary the authority to label any nonprofit — like The Intercept — a terrorist-supporting organization and take away its tax-exempt status, likely forcing them to shut down.

Noah Hurowitz, who has been covering the bill, says, “One thing that has come up a lot in my reporting on this, in talking to civil liberties experts and talking to nonprofits, is that the vagaries of the bill and the broad powers that it allows will likely have a chilling effect on free speech.”

Shawn Musgrave, The Intercept’s senior counsel and correspondent, points out the legal implications: “One of the things that I think is important to think about for a bill like H.R. 9495, which is framed around terrorism, [it] really reduces the level of due process and takes a lot of the guardrails off of the current system.”

Though it’s not likely that Senate Majority Leader Chuck Schumer, D-N.Y., will bring it up for a vote this session, the legislation could resurface in January when Republicans control both houses of Congress. To learn more about the implications, listen to this week’s episode of The Intercept Briefing.

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