Free speech and the right to protest have increasingly come under attack across the country in recent years, teeing up a perfect storm for a second Donald Trump presidency, which will surely be protested. And, ironically, House Democrats could help pass a bill that would let the Trump administration target and shut down any progressive organizations, from news outlets to abortion funds, that criticize him.
Earlier this week, the House narrowly blocked H.R. 9495, the Stop Terror-Financing and Tax Penalties on American Hostages Act, which allows the secretary of the treasury to designate any nonprofit—like, say NPR, the 19th News, or the ACLU—as a “terrorist-supporting organization” and revoke its tax-exempt status. The bill, introduced by New York Republican Claudia Tenney, points to "pro-Hamas" organizations and activists protesting Israel's genocide in Gaza over the last year, but it opens up new pathways for the federal government to investigate and potentially shutter not just these groups, but anyone the new administration deems a political enemy. Nonetheless, the bill received support from 52 House Democrats, including Reps. Colin Allred of Texas, Lucy McBath of Georgia, Angie Craig of Minnesota, and Debbie Wasserman-Schultz of Florida—all of whom have been quiet about their reasons for supporting it.
H.R. 9495 only failed on Tuesday because the House voted for it under suspension of the rules, which allows bills to be fast-tracked if they can pass with a two-thirds majority. Civil liberties groups celebrated the bill’s failure, but the House reintroduced it under normal rules on Thursday night. This means that, after the bill is brought to the floor again on Monday, it will only need a simple majority to pass.
Why does this seemingly damaging bill have bipartisan support? The Intercept reports that you can thank aggressive efforts by the pro-Israel lobby. H.R. 9495 is meant to target pro-Palestine organizations and Arab-American-led groups that are critical of Israel. But the bill comes as more and more Americans face threats to their civil liberties over criticizing a foreign government as it carries out genocide. Student activists on college campuses have felt the brunt of these attacks on dissent, and have relied on organizations like the ACLU or Palestine Legal to defend them. H.R. 9495 could severely impede the ability of these organizations to help protesters.
On Wednesday, a coalition of Arab-American and Muslim organizations led by CAIR released a statement vowing to continue to fight H.R. 9495: “This bill was designed to criminalize organizations and activists who oppose the U.S.’s unconditional support of Israel’s genocide of Palestinians and the slaughter of Lebanese civilians. We will continue to stand firm in protecting all organizations’ freedom to speak and operate without fear of political retribution.”
Now that Trump has been elected our next president, the bill could soon fall in the hands of a cartoonishly, dangerously vengeful presidential administration that’s already fully expected to target its political enemies. Earlier this week, in a tweet criticizing the 52 Democrats who voted for it, Rep. Rashida Tlaib (D-Mich.) pointed out that the bill would “give Trump the power to shut down any nonprofit he wants. The NAACP, ACLU, Planned Parenthood, no organization would be safe. Shameful.”
These 52 Democrats voted to give Trump the power to shut down any nonprofit he wants. The NAACP, ACLU, Planned Parenthood, no organization would be safe. Shameful.https://t.co/NXfMyG0nnL https://t.co/0ZErYfQrEy
— Rashida Tlaib (@RashidaTlaib) November 13, 2024
Republicans have spent years smearing abortion as “genocide” and “worse than slavery,” with some comparing it to the Holocaust, so yeah, Planned Parenthood would probably be screwed. And, of course, abortion funds and other reproductive justice organizations have been among the most vocal critics of Israel for its military occupation of and genocide against Palestinians. Individual abortion funds and the National Network of Abortion Funds itself all signed a letter last year characterizing Palestinian liberation as a crucial tenet of reproductive justice. It’s not hard to envision Trump’s treasury secretary going after their tax-exempt status, which would be especially devastating at a time when abortion funds are already spending historic amounts post-Dobbs and running on empty.
H.R. 9495 currently has the numbers to pass on Monday, but some House Democrats seem prepared to vigorously challenge it. Rep. Lloyd Doggett (D-Texas) led the fight against the bill on Tuesday, and sharpened his criticism of it in a statement on Thursday: “[House Republicans’] rush to reconsider this bill is solely to offer Trump more and more power, while Trump’s nominees for key national security posts this week indicate how he will be using it.” He continued, “We Democrats can either post a Yield Right of Way sign or push back to make every effort to protect civil society and our freedoms.” Earlier this week after the bill failed, Rep. Alexandria Ocasio-Cortez (D-NY) told her followers that constituents protesting the bill proved effective at stopping it the first time around: “I do want to report that the activism DID work and persuaded members,” she wrote on social media.
Over 100 civil liberties organizations are calling on Congress to stop the bill. "The freedom to dissent without fear of government retribution is a vital part of any well-functioning democracy, which is why Congress must block H.R. 9495 before it's too late," Kia Hamadanchy, the ACLU's senior policy counsel, said in a statement. Rep. Jamaal Bowman (D-NY), who lost his primary in June after pro-Israel PACs poured tens of millions into his race to unseat him, warned the bill "will sink us further into authoritarianism," and "would give the government unlimited power to stop the work of humanitarian groups and target political enemies. All without transparency or evidence."
