Imagine finding out that the government is issuing secretive orders to unearth your personal information and then sending federal agents to question you — all because you sent an email criticizing the life-or-death decisions the government makes.
That sounds like something out of China, Russia or the increasingly dystopian United Kingdom, right? Well this time, it’s happening here.
The Trump administration is reportedly abusing oversight-free administrative subpoenas to chill protected speech. Recent targets include a man who sent an email criticizing efforts to deport an Afghan man on humanitarian parole seeking asylum.
Our right to express ourselves, particularly in ways that displease the government, is under attack — sometimes echoing authoritarian censorship efforts abroad.
While subpoenas have been used to chill speech across numerous presidencies, the way this administration is using them, and the broader repressive pattern they are part of, should disturb all Americans. As The Washington Post reported this week, a Philadelphia-area retiree wrote an email to a federal prosecutor last year asking him to “[a]pply principles of common sense and decency” to the deportation case of an Afghan man, who feared death at the hands of the Taliban. Only the retiree’s first name, Jon, is given, as he fears for his safety.
Only hours later, to Jon’s shock, he received a notice from Google that the company had received a subpoena compelling the release of identifying information, including older account activity and his physical address. The Department of Homeland Security issued an administrative subpoena, which doesn’t require the oversight of a judge or grand jury, to get Jon’s information. DHS attempted a similar stunt to target internet commenters who posted about Immigration and Customs Enforcement.
That was not Jon’s only brush with DHS. Agents would also soon show up at his door with a copy of the email he’d sent and ask him to explain himself.
There is no better guarantee of the right to speak and criticize our government than the First Amendment, which stands as guard between us and the power of the state. But our right to express ourselves, particularly in ways that displease the government, is under attack — sometimes echoing authoritarian censorship efforts abroad. Americans must understand that with enough time and pressure, even the strongest of foundations can weather down to dust.
These administrative subpoenas intended to unmask critics of government action are just the tip of the speech-chilling iceberg.
Between these disturbing allegations, recent alarming on-camera encounters between civilians and law enforcement and the ceaseless incursions from the Trump administration against our First Amendment rights, Americans must recognize that the United States is failing as a bulwark for liberty in a world increasingly bereft of it.
Alex Pretti’s death at the hands of federal agents in Minneapolis last month was deeply alarming. Rather than immediately commit to an intensive investigation of what took place, officials such as Secretary of Homeland Security Kristi Noem spread the unfounded claim that Pretti tried to “kill” law enforcement. Senior adviser Stephen Miller called Pretti an “assassin” who “tried to murder federal agents.” The administration has since started to shy away from these fantastical claims after Americans could watch the video for themselves.
Their narrative might still stand, however, had protesters nearby not caught the shooting on camera from multiple angles. But that First Amendment right to film law enforcement is increasingly under attack. DHS spokeswoman Tricia McLaughlin said filming and posting videos of ICE is “doxing our agents” and the government “will prosecute those who illegally harass ICE agents to the fullest extent of the law.” Pretti himself had been recording agents with his cell phone moments before he was killed.
U.S. federal agents also appear to be creating a database to track protesters and observers who are legally and peacefully exercising their First Amendment rights. In an encounter a woman filmed in Maine, an ICE agent told her he’s recording her information for a “nice little database” for “domestic terrorists” like her. A CNN report confirms a DHS memo informing agents to “capture all images, license plates, identifications, and general information on hotels, agitators, protestors, etc., so we can capture it all in one consolidated form.” News of this database follows in the footsteps of Attorney General Pam Bondi’s plan to crack down on “domestic terror organizations,” using a framework that targets broad ideologies such as “anti-Americanism, anti-capitalism, and anti-Christianity” as markers of political violence rather than constitutionally protected beliefs. You may be familiar with lists of alleged anti-government activists from their other iterations in Belarus, Russia and China. The lists are frightening. What governments do with them is usually even worse. The distance between freedom and tyranny is shrinking fast — and so is our window to combat it. And many Americans were rightfully shocked by a “60 Minutes” exposé of German censorship last year, which included raids on the homes of social media users who had insulted politicians, and by regular reports from other nations such as the U.K., where a late-night knock at the door from police has become disturbingly commonplace. In Germany, the government treats insults to politicians more, not less, harshly than other forms of insult, essentially exempting the powerful from upsetting speech. That’s the opposite of how we view political speech in the U.S. — with great power must come a thick skin. But the Trump administration doesn’t see it that way. In fact, ICE and DHS leadership have undertaken a concerted effort in recent months to pervert the concept of “doxing,” the sharing of identifying information about an individual, into one so broad it includes simply saying the name of the men and women who serve as armed agents of the state. Administration officials have repeatedly — and wrongly — suggested this “doxing” is illegal. Imagine a United States in which federal agents have the authority to fire their weapons as representatives of the government, and yet everyday Americans aren’t even free to state clearly who or where those agents are. Even worse, those same Americans may find themselves on a clandestine government database for engaging in protected speech. Or, like Jon, they could even face a secretive administrative subpoena followed by a knock at the door from DHS agents. “Secret police” cannot be a necessary term in the American vernacular, but if we do not stem the tide of these First Amendment violations and transgressions, it may become one. The distance between freedom and tyranny is shrinking fast — and so is our window to combat it.
Sarah McLaughlin
Sarah McLaughlin is senior scholar for global expression at the Foundation for Individual Rights and Expression (FIRE). She is the author of a forthcoming book on global censorship in higher education, "Authoritarians in the Academy." 
