Sen. Sheldon Whitehouse is a hypocrite on the First Amendment – Washington Examiner
What can powerless, concerned citizens do in response to President Trump's move to withdraw the United States from the Paris Climate Agreement?
Here's a pretty good answer from Sen. Sheldon Whitehouse, D-R.I.:
If you haven't joined an environmental group, join one. If your voice needs to be heard, get active. If you are a big corporation with good climate policies that has shied away from engaging politically, it's time to engage.
Taken from his official statement on the withdrawal, Whitehouse describes exactly the type of activity the First Amendment was written to protect. When government takes action that citizens find objectionable, the First Amendment protects their right to organize, petition, and speak out. In other words, it protects the right to "get active."
Unfortunately, Whitehouse has spent his political career promoting efforts to hamper just this sort of civic engagement.
He uses the megaphone that comes with his position of power to rail against the rights of advocacy groups that choose to respect the privacy of their donors. And he supports bills that would cripple all but the most well-funded groups.
Whitehouse has introduced the so-called "DISCLOSE Act" multiple times now. DISCLOSE is a contrived acronym for "Democracy Is Strengthened by Casting Light on Spending in Elections."
Whitehouse and his allies say this bill would increase transparency. But the "light" that would be cast would not shine on those in power, such as senators. We wouldn't know anything about what groups or persons he meets with behind closed doors.
Rather, the bill targets citizen groups that seek to hold those in power accountable. Whitehouse would like us to believe that the legitimate interest in government transparency necessitates exposing the personal information of private citizens who choose to join groups and advocate for social change.
Disclosing the names, addresses, occupations, and employers of citizens who give to advocacy groups exposes people to potential intimidation and harassment. So if his bill became law, fewer are likely to want to join an environmental group. The loss of privacy increases the costs of civic engagement.
The laws drive up compliance costs for groups too. Disclosure laws are very complex. They require groups to file frequent, detailed reports to government agencies. To stay in compliance, groups must hire expensive lawyers and spend resources on exhaustive record-keeping. As a result, Whitehouse is promoting laws that would directly hinder citizens' willingness and ability to "get active."
The DISCLOSE Act is just one part of Whitehouse's endless crusade against the free speech rights of groups he likes to call "dark money" organizations. The pejorative term "dark money" refers to money spent on speech by groups that do not have to publicly report the private information of their donors to the government.
One such "dark money" group is the Sierra Club. Among the most well-known environmental advocacy groups in the nation, it is presumably one of the groups Whitehouse would encourage concerned citizens to join.
The Sierra Club explicitly offers to protect the privacy of its donors, including corporate donors. So, it clearly has supporters who desire anonymity and with good reason. Surely, some of those supporters would choose not to donate if they no longer had this option.
Whitehouse's call for increased political engagement from corporations highlights his apparent myopic view that the First Amendment only applies to advocacy he agrees with as well.
Whitehouse makes no attempt to hide his animus toward corporate political speech. He has repeatedly co-sponsored a constitutional amendment that, among other abominations it would do to the First Amendment, seeks to grant Congress unlimited power to prohibit any corporate entity from spending money on political speech.
No word on whether he favors an exception for corporations with "good" policies on climate change.
It is heartening to see that Whitehouse is now encouraging citizens (and corporations) to engage in political speech instead of yet again attempting to silence opposing viewpoints.
His statement demonstrates that he does indeed understand the value of First Amendment-protected advocacy. However, the statement is also an example of the far too common tendency among many politicians to view only friendly advocacy as legitimate.
The First Amendment protects the right of every American to privately support an environmental group. It also supports the right of every corporation to speak in opposition to the president's actions regarding climate policy.
But Whitehouse must realize that the First Amendment also protects the right of citizens, nonprofit groups, and corporations to engage in political speech he opposes. In the end, his anti-speech objectives will harm the First Amendment rights of his allies as much as his opponents.
Alex Baiocco is a Communications Fellow at the Center for Competitive Politics in Alexandria, Virginia.
If you would like to write an op-ed for the Washington Examiner, please read ourguidelines on submissions here.
View post:
Sen. Sheldon Whitehouse is a hypocrite on the First Amendment - Washington Examiner
- James Comey Faces New Indictment With First Amendment Implications: What You Need to Know - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Supreme Court First Choice ruling crushes lawfare in win for First Amendment - Washington Examiner - May 5th, 2026 [May 5th, 2026]
- Letter: Exercising the First Amendment - The Daily News of Newburyport - May 5th, 2026 [May 5th, 2026]
- Celebrating the Power of Music and the First Amendment at Freely Fest - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Trump uses assassination attempt to justify his assault on first amendment rights to free speech - The Conversation - May 3rd, 2026 [May 3rd, 2026]
- The GUARD Act Undermines the First Amendment and Parental Choice - R Street Institute - May 3rd, 2026 [May 3rd, 2026]
- Art by Telephone, Art by Algorithm: Expression, AI, and the First Amendment - - Center for Democracy and Technology - May 3rd, 2026 [May 3rd, 2026]
- The first amendment shall prevail: Plaintiff in 2023 discrimination case speaks after judge orders St. George to pay $350K - ABC4 Utah - May 3rd, 2026 [May 3rd, 2026]
- RANDY EVANS: Reflecting on mentors, opportunity and the First Amendment - Indianola Independent Advocate - May 3rd, 2026 [May 3rd, 2026]
- Utah City Ordered to Pay $350k to Drag Performers After Losing First Amendment Fight - EDGE Media Network - May 3rd, 2026 [May 3rd, 2026]
- The Mouse vs. The White House: Disney Lawyers Up for First Amendment War Over ABCs License - Inside the Magic - May 3rd, 2026 [May 3rd, 2026]
- Analysis: What Disney is thinking as it faces a First Amendment fight with Trump - CNN - April 29th, 2026 [April 29th, 2026]
- First Amendment advocates blast the FCC's early review of ABC broadcast licenses - NBC News - April 29th, 2026 [April 29th, 2026]
- Kimmel, the First Amendment and a brewing battle with the FCC - USA Today - April 29th, 2026 [April 29th, 2026]
- Former Spokane mayor Woodward wants $10 million from the city, alleges First Amendment violations - KXLY.com - April 29th, 2026 [April 29th, 2026]
- The Taricani Visiting Journalist Series on First Amendment Rights Harrington School of Communication and Media - The University of Rhode Island - April 29th, 2026 [April 29th, 2026]
- In rare interviews, Bush hails the First Amendment and Obama says America doesn't have 'kings' - NBC News - April 23rd, 2026 [April 23rd, 2026]
- CBS Hosting Dinner Praising Trump And His Love Of The First Amendment - Techdirt. - April 23rd, 2026 [April 23rd, 2026]
- BREAKING: Street preacher threatens to sue SIUE on grounds of First Amendment rights violation - alestlelive.com - April 23rd, 2026 [April 23rd, 2026]
- First Amendment to Arkansas: You Cannot Sentence Speech on the Internet to Death by a Thousand Cuts in NetChoice Court Victory - NetChoice - April 23rd, 2026 [April 23rd, 2026]
- The GUARD Act dis-GUARDs the First Amendment and competition - Competitive Enterprise Institute - April 23rd, 2026 [April 23rd, 2026]
- Supreme Court Denies Hearing in First Amendment Cases Related to Occupational Speech - The Institute for Justice - April 23rd, 2026 [April 23rd, 2026]
- Code is functional free speech under the First Amendment: Coin Center - TradingView - April 23rd, 2026 [April 23rd, 2026]
- Texas public schools can now have Ten Commandments displays, Appeals Court ruled, but Supreme Court can still save this First Amendment disaster -... - April 23rd, 2026 [April 23rd, 2026]
- Trump admin violated First Amendment by forcing Facebook and Apple to remove ICE-trackers - Law and Crime News - April 19th, 2026 [April 19th, 2026]
- Judge sides with creators of banned ICE trackers who allege DHS and DOJ violated their First Amendment rights - Engadget - April 19th, 2026 [April 19th, 2026]
- How Originalism Broke the First Amendment - Balls and Strikes - April 19th, 2026 [April 19th, 2026]
- Trump says CNN may have committed a crime. The First Amendment says otherwise - Poynter - April 19th, 2026 [April 19th, 2026]
- Jon Prosser's last-ditch effort against Apple's lawsuit is the First Amendment - AppleInsider - April 19th, 2026 [April 19th, 2026]
- California Attorney Who Tried To Help Overturn 2020 Election Loses Law License - First Amendment Watch - April 19th, 2026 [April 19th, 2026]
- ANOTHER VIEWPOINT: First amendment lynchpin of American experiment - The Facts - April 19th, 2026 [April 19th, 2026]
- White House Correspondents Dilemma: Toasting the First Amendment as Trump Tramples Over It | Analysis - TheWrap - April 19th, 2026 [April 19th, 2026]
- Mitali Bags speech on The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026 and The Delimitation Bill, 2026 - All India Trinamool... - April 19th, 2026 [April 19th, 2026]
- Occupational licensing has a First Amendment problem - The Hill - April 10th, 2026 [April 10th, 2026]
- Paterno: Dangerous Times for the First Right of the First Amendment - StateCollege.com - April 10th, 2026 [April 10th, 2026]
- When ICE enforcement and the First Amendment collide - News From The States - April 10th, 2026 [April 10th, 2026]
- Briefing Room: Advice on dealing with First Amendment auditors - Seal Beach News - April 10th, 2026 [April 10th, 2026]
- On Books, Book Reviews, and Bezos - First Amendment Watch - April 10th, 2026 [April 10th, 2026]
- Escambia County sheriff responds after heated argument between First Amendment auditor and deputy: did not reflect our core values - Yahoo - April 10th, 2026 [April 10th, 2026]
- Diddy Appeal: Lawyers Seek Release, Argue Freak-Offs Are Protected By First Amendment - HOT 97 - April 10th, 2026 [April 10th, 2026]
- Future of First Amendment: FIU to host 'Free Speech: A Florida Dialogue' with Georgetown University - WLRN - April 5th, 2026 [April 5th, 2026]
- Hollywood Stars Join Together to Defend the First Amendment - The Progressive - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump violated First Amendment by ordering defunding of NPR and PBS - KUOW - April 5th, 2026 [April 5th, 2026]
- Lemon Pound Cake and the First Amendment - jdsupra.com - April 5th, 2026 [April 5th, 2026]
- Citing First Amendment, federal judge blocks Trump order to end funding for NPR and PBS - nbcmiami.com - April 5th, 2026 [April 5th, 2026]
- Getting to Know You: Imprisoned for Exercising her First Amendment Rights She Now Speaks Truth to Power - morningsentinel.com - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump's public media order violated First Amendment. Here's what that means for KOSU - KOSU - April 5th, 2026 [April 5th, 2026]
- Aspen Public Radio and co-plaintiffs win federal case against Trump Administration, proclaiming a win for the First Amendment - KHOL 89.1 FM - April 5th, 2026 [April 5th, 2026]
- Federal judge cites First Amendment in blocking Trump order to end funding to NPR and PBS - Colorado Public Radio - April 5th, 2026 [April 5th, 2026]
- Opinion | The Supreme Court repels an egregious assault on the First Amendment - washingtonpost.com - April 5th, 2026 [April 5th, 2026]
- In Counseling Case, the Supreme Court Sides with the First Amendment - nationalreview.com - April 5th, 2026 [April 5th, 2026]
- REACTION: Supreme Court Affirms Therapy as SpeechA Major First Amendment Victory - Minding The Campus - April 5th, 2026 [April 5th, 2026]
- BIZARRE: The First Amendment should be banned - northernstar.info - April 5th, 2026 [April 5th, 2026]
- EDITORIAL: A victory for the First Amendment at the high court - Las Vegas Review-Journal - April 5th, 2026 [April 5th, 2026]
- TV station megamerger is a threat to First Amendment freedoms (Editorial) - Daily Camera - April 5th, 2026 [April 5th, 2026]
- Monroe County woman sues sheriff, claiming arrest over Facebook post violated First Amendment rights - WBIR - April 5th, 2026 [April 5th, 2026]
- Supreme Court overturns ban on so-called 'conversion therapy' on First Amendment grounds - Fox News - April 5th, 2026 [April 5th, 2026]
- Donald Trump Violated First Amendment With This Action, Says US Judge - Yahoo - April 5th, 2026 [April 5th, 2026]
- No First Amendment for some immigrant journalists or sources, govt says - Freedom of the Press Foundation - March 26th, 2026 [March 26th, 2026]
- Protesting in Tennessee, what are your First Amendment rights? - The Tennessean - March 26th, 2026 [March 26th, 2026]
- First Amendment lawsuit seeks to end Nashuas policy of requiring name and address during public comment - New Hampshire Public Radio - March 26th, 2026 [March 26th, 2026]
- First Amendment Balancing, or, How I Learned to Stop Worrying and Become a Breyerian - | Knight First Amendment Institute - March 26th, 2026 [March 26th, 2026]
- Does a Public Actor Have the Right to Anonymity? Animal Research and Wider First Amendment Implications - Harvard Law School - March 26th, 2026 [March 26th, 2026]
- Halo zone around police, ICE nears final passage as Dems voice First Amendment concerns - News From The States - March 26th, 2026 [March 26th, 2026]
- Bravo to students who use the First Amendment - The Campanile - March 26th, 2026 [March 26th, 2026]
- Supreme Court revives First Amendment lawsuit from street preacher who called concertgoers whores, Jezebels and sissies - CNN - March 26th, 2026 [March 26th, 2026]
- The next AI fight: Do the chatbots have First Amendment rights? - qz.com - March 26th, 2026 [March 26th, 2026]
- Judge strikes down restrictive Pentagon press policy, finding it violates First Amendment - CBS News - March 26th, 2026 [March 26th, 2026]
- Gianforte Administration Reverses Permit Guidelines, Allows Weekend Events at the State Capitol - First Amendment Watch - March 26th, 2026 [March 26th, 2026]
- A call for US companies to follow the First Amendment: Ross Kerber - TradingView - March 26th, 2026 [March 26th, 2026]
- Students sue University of Alabama over suspension of campus magazines, claim First Amendment breach - rocketcitynow.com - March 26th, 2026 [March 26th, 2026]
- Students raise concerns over Kansas Senate bill that limits First Amendment right to protest - Kansas Reflector - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee For The First Amendment On Brendan Carr Threats - Deadline - March 17th, 2026 [March 17th, 2026]
- This is the issue with doing counterterrorism in a 'First Amendment society': Paul Mauro - Fox News - March 17th, 2026 [March 17th, 2026]
- A Media-Rating Company Says a Trump Agency Is Threatening Its Livelihood - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Feds Move To Dismiss Charges Against Army Veteran Who Burned American Flag Near White House - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee for the First Amendment issued a response to FCC Chair Brendan Carr's threats against broadcasters' coverage of Iran. Read more... - March 17th, 2026 [March 17th, 2026]
- On MSNOW, Angelo Carusone discusses grave First Amendment consequences of the Trump administration trying to control major media organizations - Media... - March 17th, 2026 [March 17th, 2026]
- Diddy Appeals Conviction Claiming Freak-Offs Protected by First Amendment - That Grape Juice.net - March 17th, 2026 [March 17th, 2026]
- Raja Ramaswamy Column: We should protect the First Amendment like we do the Second - reporter.net - March 17th, 2026 [March 17th, 2026]