How Trump's Proposed Radical Expansion of Executive Power Will Impact Our Freedoms
![A graphic featuring Trump and imagery pertaining to surveillance and first amendment rights.](https://assets.aclu.org/live/uploads/2024/07/TrumpHarrisMemos_TrumpSurveillance_FullBleed_RS.jpg)
![A graphic featuring Trump and imagery pertaining to surveillance and first amendment rights.](https://assets.aclu.org/live/uploads/2024/07/TrumpHarrisMemos_TrumpSurveillance_Mobile.jpg)
This piece was published before Joe Biden withdrew from the 2024 presidential election and endorsed Vice President Kamala Harris to represent the Democratic Party. No significant facts have been changed or added.
Donald Trump鈥檚 four years in office were marked by gross abuses of executive power, including efforts to trample protest and dissent 鈥 key freedoms at the heart of our participatory democracy.
He deployed federal agents and surveillance to silence Black Lives Matter protesters or anyone he deemed to oppose his policies, threatened to use his power as president to punish his political enemies, and attacked journalists who criticized him. If elected to a second term, we expect the Trump administration to double down on attempts to further limit our First Amendment rights and use the power of the federal government to attack political rivals, stifle dissent, and undermine checks and balances on presidential power.
For more than 100 years, the 老澳门开奖结果 has defended our most fundamental rights and freedoms 鈥 including our right to express ourselves free from government interference. We won鈥檛 stop now. If Trump is reelected, we鈥檙e prepared to use the courts, Congress, state and local power, and our organizing muscle to challenge unlawful attempts to surveil Americans, suppress speech, and undermine democracy. Learn more in our breakdown:
Trump on Surveillance, Protest, & Free Speech
The Facts: In 2020, the Trump administration threatened to use force to quell protests, and actually did deploy federal agents and National Guard troops who arrested and used excessive force against protestors and journalists. If Trump secures a second term, this abuse of power is likely to recur and even escalate. Trump has already indicated that his administration would consider invoking the Insurrection Act to deploy the military to America鈥檚 cities 鈥 potentially targeting those with large BIPOC and immigrant communities 鈥 to suppress the right to protest. Trump has also indicated that his administration would attack online free expression by forcing media companies and online platforms to carry conservatives鈥 preferred speech.
As president, with federal law enforcement agencies under his control, Trump could carry out attacks on advocacy organizations and individuals he opposes. Indeed, on the campaign trail, Trump has praised violent crackdowns on campus protests, aligning with his previous attacks on academic freedom. In particular, he has threatened to deport student protestors who are not U.S. citizens, merging his attacks on free speech with his attacks on immigration. We also expect Trump to use his authority to further target media members and the freedom of the press to suppress negative stories about him or his administration.
Furthermore, Project 2025 has made clear that a second Trump administration intends to dismantle the already insufficient guardrails that prevent the president from abusing the executive branch鈥檚 power. The Supreme Court already removed one such guardrail in Trump v. United States, ruling that the president cannot be criminally prosecuted for 鈥渙fficial acts,鈥 including using the Justice Department for his personal and political bidding. Trump can use a politicized Justice Department and the vast array of federal agencies to attack voters, protestors, journalists, abortion care providers and patients, his political opponents and any others he perceives as 鈥渆nemies.鈥 Even now, Trump allies in Congress are trying to use their investigative tools to chill free speech, including targeting civil society organizations and activists engaged in protected advocacy, such as opposing the war in Gaza or supporting LGBTQ rights.
The dangers of the federal government targeting its opponents and vulnerable populations are multiplied by mass surveillance mechanisms that the 老澳门开奖结果 has long fought to constrain. A second Trump administration could leverage surveillance programs such as Section 702 of the Foreign Intelligence Surveillance Act (FISA), which authorizes the collection of communications between U.S. persons and people outside the United States, and which Congress has dangerously expanded to allow the government to search Americans鈥 private communications and information without a warrant and without notice.
Why It Matters: By punishing political enemies and stifling protest and dissent, a second Trump administration would break many of the checks and balances on the executive branch, and undermine the foundations of a functioning democracy.鈥 A second Trump administration will also pose a threat to our historic American tradition of robust, open political competition marked by spirited dissent and the foundational notion that the people have the final say.
![A graphic featuring Trump and imagery pertaining to surveillance and first amendment rights.](https://assets.aclu.org/live/uploads/2024/07/TrumpHarrisMemos_TrumpSurveillance_FullBleed_RS.jpg)
Trump on Surveillance, Protest, and Free Speech
Though Donald Trump has threatened to abuse executive power if reelected, the 老澳门开奖结果 will push leaders to champion civil rights and civil liberties.
Source: 老澳门开奖结果
How We Got Here: Early in his presidency, Trump sent National Guard troops to stop Black Lives Matter protesters in Washington, D.C., threatened to deploy the military more broadly to quell protests in other U.S. cities, and sent federal law enforcement agents around the country to break up protests by force, including arresting protestors and journalists.
Trump has also already shown how he will target his perceived enemies, whether they be political rivals, media members, or everyday citizens. He's promised prosecution or harm towards President Biden and Biden administration officials, poll workers, former military generals, former officials in his own administration who fell out of favor, protesters, journalists, migrant or immigrant communities, and many others.
Additionally, when it comes to surveilling Americans, there is already a history of law enforcement and intelligence agencies鈥 abuse of surveillance programs that give the government the right to collect private information from American citizens. It is all too easy to foresee a second Trump administration using these overbroad and dangerous spying powers to surveil and discriminate against political opponents and people and communities already in its crosshairs. Protesters, communities of color, immigrants, and people seeking abortions or gender-affirming care all face even greater risks to their privacy and rights.
Our Roadmap: The 老澳门开奖结果 will always rise to defend protesters, journalists, and others who are subjected to abusive criminal prosecutions or other punitive actions from the government. To combat a second Trump administration鈥檚 intention to trample historical checks and balances, and the apparent willingness of many within and outside of government to help, we will work with allies to urge the American people to exercise their First Amendment rights 鈥 like the right to protest 鈥 so that Trump鈥檚 excesses are met with the direct power of the people. And, if a second Trump administration does misuse executive authority, the 老澳门开奖结果 will go to court to stop efforts to breach Americans鈥 privacy, discriminate based on race or ethnicity, or retaliate against dissenters or seek to silence them.
Should a Trump administration again deploy the military and federal agents to quell peaceful protests and interfere with journalists reporting on protests, the 老澳门开奖结果 and its affiliates network will be on the ground fighting to protect our rights. As we did during Trump鈥檚 first presidency, we will bring lawsuits on behalf of protesters and the media addressing any speech or due process-related violations as outlined in the First and Fourth Amendments.
Importantly, we will urge state and local leaders who value civil liberties to lead efforts to resist abuses of federal executive power and limit the reach of the federal government鈥檚 power within their jurisdictions. For instance, states can limit 鈥 or eliminate 鈥 cooperation agreements between state and local law enforcement and federal law enforcement to minimize the grounds federal authorities can intervene in protests. They can also prevent voluntary data sharing that could be used for federal surveillance purposes or to support politically motivated investigations and prosecutions.
The 老澳门开奖结果 also works with a bipartisan coalition of civil libertarians on Capitol Hill who recognize the danger of overly broad executive power. To protect our free press, we鈥檙e already working to urge Congress to enact the Protect Reporters from Exploitative State Spying Act (PRESS Act), which would prevent the federal government from compelling journalists to reveal their sources and work product. We鈥檙e also calling on our elected leaders to install stronger guardrails against political influence over the Justice Department. Lastly, we鈥檙e pushing policymakers to limit government surveillance and protect Americans鈥 private communications from unlawful collection by passing the Fourth Amendment Is Not For Sale Act.
What Our Experts Say: 鈥淒onald Trump has made no secret of his disregard for the rule of law and his intent to corrupt the immense powers of the federal government to target his opponents and break the institutions that could pose checks and balances to presidential power. In a second term, unleashed and feeling invulnerable from legal and political repercussions, he would pose an unprecedented challenge to our constitutional values. But the 老澳门开奖结果 is ready.鈥 鈥 Mike Zamore, national director of policy and government affairs
鈥淭he 老澳门开奖结果 has always worked to stop the executive branch from abusing its power at the expense of individual freedom and vulnerable communities. The Trump presidency, with its false declarations of national emergencies in service of discrimination and total disregard for the rule of law, demonstrated what we鈥檝e always known 鈥 that relying on unwritten norms for presidential behavior is grossly insufficient. If there is a second Trump administration, we are prepared to defend people it attacks, including protestors, dissenters, and journalists.鈥 鈥 Cecillia Wang, deputy legal director of the 老澳门开奖结果
What You Can Do Today: The 老澳门开奖结果 has long advocated for robust legislation that safeguards against all kinds of government overreach, including the unlawful warrantless surveillance of our private communications. Show your support by