As mainstream media and some Democrats zero in on President Joe Biden’s recent debate missteps, the American Civil Liberties Union (ACLU) is drawing attention to Donald Trump, the 34-times convicted felon and twice-impeached former president. The ACLU released its memo, Trump on Surveillance, Protest, and Free Speech, as part of its 2024 election policy series. The study, written by ACLU experts on the First Amendment, surveillance, and privacy, details the dangers posed by a potential second Trump administration and provides a road map to combat them.
The memo highlights what it calls an unprecedented threat to democracy, pointing to Trump’s promises to criminalize dissent, suppress free speech, expand government surveillance, and target political opponents.
“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’ve always known—that relying on unwritten norms for presidential behavior is grossly insufficient. Trump is now threatening to be even less constrained if given a second chance,” said Cecillia Wang, deputy legal director of the ACLU.
According to the memo, a second Trump administration would likely:
- Leverage federal law enforcement to attack journalists and protesters, violating First Amendment rights and possibly deploying the military in urban areas to suppress protests.
- Exploit executive powers to spy on Americans using authorities like Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333, leading to the mass collection of private data.
- Target political opponents through investigations and prosecutions, replacing civil servants with loyalists, and demanding employee loyalty pledges.
The ACLU’s roadmap for protecting civil liberties includes litigation to defend those wrongfully prosecuted, mobilizing public support to limit executive power, and state and local advocacy to enact strong data protection laws.
“Donald 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,” said Mike Zamore, national director of policy and government affairs for the ACLU. “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 ACLU is ready. If Trump is elected and comes for our First Amendment rights, we’ll stand with the people of this country to defend our freedom.”
The memo is the sixth in a series of seven the ACLU plans to release ahead of the Republican National Convention. Other memos address key issues such as immigration, LGBTQ rights, abortion, the criminal legal system, DEI (diversity, equity, and inclusion), and voting rights.
In the run-up to the Democratic National Convention, the ACLU said it would release another series focusing on a potential second Biden presidency.
“Trump has stated his intent to trample historical checks and balances on the office of president, and there is an apparent willingness of many within and outside of government to help him do so,” ACLU officials concluded in the memo. “When the people disagree with the policies and actions of the president, it will be more critical than ever for the American people to exercise their rights of free speech — including through protest and dissent — so that Trump’s excesses are met with the direct power of the people. When our civil rights and civil liberties are in danger, the ACLU will always be there to lead the defense.”
This is the only publication informing the public how destructive a Trump administration will be to our way of life.