Wednesday, March 19, 2025

Using Medicalization to Suppress the Exercise of First Amendment Rights

By Adam Dick - March 19, 2025 at 09:36AM

A repugnant tactic of authoritarianism is categorizing people’s desire for or exercise of freedom as illness that government should suppress. An example of this was the deeming of dissidents in the Soviet Union as mentally ill to justify their detention and punishment.

In America, there has long been resistance against an effort to similarly have the United States government medicalize the exercise of gun rights as a means to circumvent the constitutional protection of the right to bear arms contained in the Second Amendment. In the 1990s this resistance led to congressional imposition of a spending prohibition against the Centers for Disease Control and Prevention (CDC) at the Department of Health and Human Services (HHS) advocating or promoting gun control.

The effort to prevent the US government from using medicalization to crack down on gun rights appears to have had a success in the new Trump administration with the removal from the HHS website of a guns and public health advisory from the preceding Biden administration. Abené Clayton reported Monday at the Guardian:

The Trump administration has removed former surgeon general Vivek Murthy’s advisory on gun violence as a public health issue from the US Department of Health and Human Services’ website. This move was made to comply with Donald Trump’s executive order to protect second amendment rights, a White House official told the Guardian.

The strange thing is that while the Trump administration appears to be taking action to cut off HHS threats to Second Amendment rights, HHS is helping lead Trump administration efforts to expand US government threats to First Amendment rights. Medicalization to restrict free speech, assembly, and petition is on the ascendancy at HHS as demonstrated by a March 3 announcement by HHS, the Department of Education (ED), and the General Services Administration (GSA) concerning the US government’s Task Force to Combat Anti-Semitism, created the month before, reviewing actions or inactions of Columbia University relative to “antisemitism” and potential penalties that may be imposed upon that university. This is all justified in the announcement by reference to a January 29 executive order of President Donald Trump that employs a peculiarly expanded definition of antisemitism incorporated into an executive order from Trump’s first term that includes positions against to the Israel government in addition to the commonly understood definition that concerns positions against an ethnicity or religion.

“Anti-Semitism – like racism – is a spiritual and moral malady that sickens societies and kills people with lethalities comparable to history’s most deadly plagues,” declared HHS Secretary Robert F. Kennedy, Jr. in the announcement. That is medicalization in a nutshell: Your “bad thoughts” are a plague the government must stop to protect public health.

Four days later — on March 7, HHS, ED, and GSA were back with a new announcement that, due to review by the Joint Task Force to Combat Anti-Semitism, about 400 million dollars in US grants to Columbia University had been canceled, with more grant cancelations expected to follow. Then, on March 13 the HHS, ED, and GSA followed up with a letter to Columbia University using the denial of funding as leverage to demand the university crack down on free speech, assembly and petition, as well as change, and even hand to US government control over, a variety of university policies and procedures.

Meanwhile, the US government is making an example of Mahmoud Khalil who was involved in protests challenging US foreign policy and related to Israel at Columbia University. The US government has arrested and detained him, and is seeking his deportation, because Khalil apparently did nothing more than exercise First Amendment protected rights.

These actions against Columbia University are not one-off. A February 28 press release from the Department of Justice (DOJ) listed ten universities — Columbia University plus George Washington University; Harvard University; Johns Hopkins University; New York University; Northwestern University; the University of California, Los Angeles; the University of California, Berkeley; the University of Minnesota; and the University of Southern California — as subject to visits from the Task Force to Combat Anti-Semitism because their campuses “have experienced antisemitic incidents since October 2023.” Expect the list to keep growing.

Leo Terrell, described in the February DOJ press release as “[l]eading Task Force member and Senior Counsel to the Assistant Attorney General for Civil Rights,” made clear in an included quote that the Task Force to Combat Anti-Semitism means business. He stated:

The Task Force’s mandate is to bring the full force of the federal government to bear in our effort to eradicate Anti-Semitism, particularly in schools. These visits are just one of many steps this Administration is taking to deliver on that commitment.

It looks like we are witnessing the beginning of a major crackdown on First Amendment rights. The US government, however, will claim this development is nothing to worry about because the purpose is to make America healthy again.



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