The Intercept Briefing

Silencing Dissent: Attacks on Free Speech and Nonprofits Are Already Ramping Up

Dec 6, 2024

Noah Hurowitz is a journalist focusing on the ramifications of the Stop Terror-Financing and Tax Penalties on American Hostages Act. Shawn Musgrave, senior counsel at The Intercept, tackles legal threats to press freedom. They discuss how this controversial bill can label nonprofits as terrorist supporters, chilling dissent and free speech. There's a focus on due process erosion, especially if Trump returns to power with loyalists in key roles. The potential implications for journalism and civil liberties are stark and concerning.

27:10

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Episode guests

Shawn Musgrave

Noah Hurowitz

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Quick takeaways

The proposed H.R. 9495 could label nonprofits as terrorist-supporting organizations, significantly impacting free speech and advocacy efforts across the country.

The potential legal implications of H.R. 9495 raise concerns about due process, enabling politically motivated designations that threaten journalistic integrity and dissent.

Deep dives

Proposed Legislation and Its Implications

A significant legislative proposal, H.R. 9495, aims to empower the Secretary of the Treasury to unilaterally designate any nonprofit organization as a terrorist-supporting entity, potentially stripping it of its tax-exempt status. The intention behind this bill is to target those nonprofits allegedly providing material support to terrorism, but it raises substantial concerns about due process. Should a nonprofit be labeled as such, it faces a 90-day period to appeal the designation, yet the Treasury Department can cite national security to withhold evidence, complicating the defense for these organizations. Critics argue the vagueness of the criteria for designation could lead to politically motivated crackdowns, particularly against groups engaged in advocacy or journalism that dissents from the administration's narratives.

Intro

5min

Political Maneuvering and Press Freedom

8min

Implications of Power Shifts in a Potential Trump Presidency

2min

The Chilling Effects of Anti-Terror Legislation

13min

Engaging the Audience and Promoting Services

3min

For years, Donald Trump has vowed to go after his critics and journalists. As he prepares to reenter the White House, he’s nominating loyalists, like incoming FBI director Kash Patel, who have pledged to do the same.

The Trump administration may soon have a new weapon to target perceived enemies. On this week’s episode of The Intercept Briefing, we discuss the Stop Terror-Financing and Tax Penalties on American Hostages Act, or H.R. 9495.

Last month, the House passed H.R. 9495, which would give the Treasury Department secretary the authority to label any nonprofit — like The Intercept — a terrorist-supporting organization and take away its tax-exempt status, likely forcing them to shut down.

Noah Hurowitz, who has been covering the bill, says, “One thing that has come up a lot in my reporting on this, in talking to civil liberties experts and talking to nonprofits, is that the vagaries of the bill and the broad powers that it allows will likely have a chilling effect on free speech.”

Shawn Musgrave, The Intercept’s senior counsel and correspondent, points out the legal implications: “One of the things that I think is important to think about for a bill like H.R. 9495, which is framed around terrorism, [it] really reduces the level of due process and takes a lot of the guardrails off of the current system.”

Though it’s not likely that Senate Majority Leader Chuck Schumer, D-N.Y., will bring it up for a vote this session, the legislation could resurface in January when Republicans control both houses of Congress. To learn more about the implications, listen to this week’s episode of The Intercept Briefing.

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The Intercept Briefing

Silencing Dissent: Attacks on Free Speech and Nonprofits Are Already Ramping Up

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

Deep dives

Proposed Legislation and Its Implications

Threats to Press Freedom

Chilling Effects on Nonprofits and Advocacy Groups

Remember Everything You Learn from Podcasts