It Could Happen Here

What Does the Antifa Executive Order Mean for Free Speech?

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Oct 2, 2025
Maura Meltzer-Cohen, a dedicated abolitionist attorney from New York, shares her insights on the implications of recent executive orders for free speech. She discusses how these orders don’t change laws but can increase state repression. Mo highlights the normalization of violence through rhetoric and the targeting of nonprofits under the 'Antifa' label. They also explore practical harms of policing, the precarious position of activists, and why fighting back legally often leads to success in court.
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INSIGHT

Normalizing A State Of Exception

  • The administration seeks to normalize a "state of exception" that suspends constraints on executive power.
  • Mo compares this to Carl Schmitt's theory and worries about erosion of constitutional norms.
ADVICE

Prepare For Social, Not Just Legal, Harms

  • Expect investigations and social retaliation like doxing or job loss, but remember these are distinct from criminal convictions.
  • Prepare for non-legal harms by documenting incidents and building community support networks.
INSIGHT

EOs Condemn Tactics Mostly Used By The Right

  • The EOs explicitly condemn tactics like doxing and swatting, which are mostly used by right-wing actors.
  • Mo suggests this selective targeting could paradoxically protect some left exposing activities while constraining others.
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