As the election nears, voters are considering the two leading presidential candidates’ records on a wide range of issues, including civil liberties – a broad term used to describe the constitutionally protected freedoms that protect citizens from excessive government power. These key freedoms are contained in the Bill of Rights, the first 10 amendments to the U.S. Constitution. For example, the protection for free speech under the First Amendment and the right to bear arms under the Second Amendment define people’s abilities to criticize the government and own weapons for private use.
In turn, as a scholar of American politics, I have seen that Kamala Harris and Donald Trump have very different records on these crucial American rights.
First Amendment freedoms of speech and press
As California’s attorney general, Harris indirectly found herself in a battle with the First Amendment. For many years, state law required nonprofit organizations registered in California to report names and addresses of donors of amounts over US$5,000 in a single year. In 2010, the year before Harris became attorney general, her predecessor began actually enforcing that law, which Harris continued when she took office in 2011. In 2014, several conservative groups sued Harris, saying her office’s enforcement of the law was violating their First Amendment right to give money anonymously.
Part of Harris’ job was to oversee the defense of the law in court, arguing that soliciting donor names did not bar donor disclosure requirements like California’s. The case lasted beyond her term as California’s top law enforcement officer: The U.S. Supreme Court declared parts of the law unconstitutional in 2021, after Harris had become vice president.
While he was president, Trump’s First Amendment record was more about the media than free speech. He repeatedly declared the press “the enemy of the people.” He has suggested that media outlets who provide coverage he dislikes lose their broadcasting licenses and has pressed to change laws about libel in ways that would make it easier for public figures to file suit against unfavorable coverage.
As the election nears, voters are considering the two leading presidential candidates’ records on a wide range of issues, including civil liberties – a broad term used to describe the constitutionally protected freedoms that protect citizens from excessive government power. These key freedoms are contained in the Bill of Rights, the first 10 amendments to the U.S. Constitution. For example, the protection for free speech under the First Amendment and the right to bear arms under the Second Amendment define people’s abilities to criticize the government and own weapons for private use.
In turn, as a scholar of American politics, I have seen that Kamala Harris and Donald Trump have very different records on these crucial American rights.
First Amendment freedoms of speech and press
As California’s attorney general, Harris indirectly found herself in a battle with the First Amendment. For many years, state law required nonprofit organizations registered in California to report names and addresses of donors of amounts over US$5,000 in a single year. In 2010, the year before Harris became attorney general, her predecessor began actually enforcing that law, which Harris continued when she took office in 2011. In 2014, several conservative groups sued Harris, saying her office’s enforcement of the law was violating their First Amendment right to give money anonymously.
Part of Harris’ job was to oversee the defense of the law in court, arguing that soliciting donor names did not bar donor disclosure requirements like California’s. The case lasted beyond her term as California’s top law enforcement officer: The U.S. Supreme Court declared parts of the law unconstitutional in 2021, after Harris had become vice president.
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