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How Each Pillar of the 1st Amendment is Under Attack

[Brian Krebs]

Sobering roundup from Brian Krebs about how each of the five pillars of the First Amendment - speech, religion, the media, the right to assembly, and the right to petition the government and seek redress for wrongs - has been attacked during the first few months of the Trump Administration.

It's a laundry list - and we're only a few months in.

"Where is President Trump going with all these blatant attacks on the First Amendment? The president has made no secret of his affection for autocratic leaders and “strongmen” around the world, and he is particularly enamored with Hungary’s far-right Prime Minister Viktor Orbán, who has visited Trump’s Mar-a-Lago resort twice in the past year."

The piece concludes with a warning that Trump is following a similar playbook to Orbán by consolidating control over the courts and decimating the free press. It played out there; we will see what happens here.

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Hundreds of international students wake up to an email asking them to self deport for campus activism

[Lubna Kably in The Times of India]

Worrying stuff being reported by the Times of India (and, at the time of writing, under-reported in the domestic US press). AI is being used to flag international students because of their social media activity, among other signals, who are now being sent emails asking them to "self-deport":

"Hundreds of international students in the US are getting an email from the US Department of State (DOS) asking them to self-deport owing to campus activism. Immigration attorneys’ contacted by TOI affirmed this development and added a few Indian students may also be at the receiving end of such emails – for something as innocuous as sharing a social media post.

It is not just international students who physically participated in campus activism but also those who shared or liked ‘anti-national’ posts that are the target of these emails, said an immigration attorney."

Axios previously reported on how this was going to be done:

"Secretary of State Marco Rubio is launching an AI-fueled "Catch and Revoke" effort to cancel the visas of foreign nationals who appear to support Hamas or other designated terror groups"

From that article:

""This should concern all Americans. This is a First Amendment and freedom of speech issue and the administration will overplay its hand," said Abed Ayoub, head of the American-Arab Anti-Discrimination Committee."

It's a clear First Amendment issue. Whether they've overplayed their hand unfortunately remains to be seen.

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DOGE Plans to Rebuild SSA Code Base in Months, Risking Benefits and System Collapse

[Makena Kelly at WIRED]

If you know anything about building software, you know that this is an absurd idea:

"The so-called Department of Government Efficiency (DOGE) is starting to put together a team to migrate the Social Security Administration’s (SSA) computer systems entirely off one of its oldest programming languages in a matter of months, potentially putting the integrity of the system—and the benefits on which tens of millions of Americans rely—at risk."

Moving a 60 million line COBOL codebase to another language (be it Java or anything else) is not a small undertaking, and the SSA underpins necessary benefits for millions of Americans. Doing it in months likely requires using something like an LLM - and anyone who's used an LLM to code will tell you that the output is riddled with mistakes and inefficiencies. It's not a workable plan.

Or, as Dan Hon puts it in the piece:

“If you weren't worried about a whole bunch of people not getting benefits or getting the wrong benefits, or getting the wrong entitlements, or having to wait ages, then sure go ahead.”

A project like this should take years. Most of that isn't coding time: it's analysis, writing the tests, rearchitecting, and putting protections in place to ensure that nobody goes without the benefits they need to live. Doing it as a rush job isn't just incompetence; it's indifference to the lives of some of our most vulnerable neighbors. Which, let's face it, is in keeping with everything else going on.

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How Elon Musk’s SpaceX Secretly Allows Investment From China

[Joshua Kaplan and Justin Elliott at ProPublica]

I bet this practice is more common than anyone might think, and certainly isn't limited to China. As always, follow the money:

"In December, [SpaceX investor] Kahlon testified that SpaceX prefers to avoid investors from China because it is a defense contractor. There is a major exception though, he said: SpaceX finds it “acceptable” for Chinese investors to buy into the company through offshore vehicles.

“The primary mechanism is that those investors would come through intermediate entities that they would create or others would create,” Kahlon said. “Typically they would set up BVI structures or Cayman structures or Hong Kong structures and various other ones,” he added, using the acronym for the British Virgin Islands. Offshore vehicles are often used to keep investors anonymous."

The key point here is not that the Chinese investments are illegal - they probably aren't - or that anyone thinks SpaceX is being directed by the Chinese government. What's odd is that the company prefers the obfuscation: it sounds like they don't accept Chinese investment unless it's being channeled through an offshore vehicle designed to hide their involvement from regulatory scrutiny. That obfuscation is particularly important given that Elon Musk is now a part of the US government.

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Is it safe to travel to the United States with your phone right now?

[Gaby Del Valle at The Verge]

I appreciated this deep-dive on whether it's safe to travel through US borders with your phone. Journalists and anyone who's made overt political statements should take particular note.

"The government maintains that it doesn’t need a warrant to conduct “basic” searches of the contents of a person’s phone. During these searches, Hussain explained, agents are supposed to put your phone on airplane mode and can only look at what is accessible offline — but that can still be a lot of information, including any cloud data that’s currently synced."

The EFF maintains a pretty great pocket guide that is also worth checking out.

The constitutionality of searches is "still an open question" - but that doesn't matter in the moment. My advice at this stage is to sign out of important apps (like your work email and encrypted messaging apps like Signal), turn off biometric logins like Face ID, and switch your phone off. That does mean you need to print out your boarding card, for example, and do a little pre-work to make sure your data is backed up. Clearly, this is a pain. But if you deal with any sensitive information, or have any vulnerable people in your family or community, you need to change your security stance to be a good steward of their safety.

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Vivian Jenna Wilson on Being Elon Musk’s Estranged Daughter, Protecting Trans Youth and Taking on the Right Online

[Ella Yurman in Teen Vogue]

This interview with Musk's daughter Vivian Wilson is everything.

"The Nazi salute sht was insane. Honey, we're going to call a fig a fig, and we're going to call a Nazi salute what it was. That sht was definitely a Nazi salute. The crowd is equally to blame, and I feel like people are not talking about that. That crowd should be denounced.

But other than that, I don't give a f**k about him. I really don't."

Wilson is a refreshing, no-nonsense voice on Threads, and that same no-BS attitude comes through here like an avalanche.

And this, of course, is vitally important:

"As a trans woman, I am terrified of losing access to guaranteed medical care. If I didn't medically transition at the age I did, I don't know what would've happened. I don't feel like people realize that being trans is not a choice. I'm so sorry to break it to you.

Transitioning as a minor was something that was medically necessary for me to do in order to be not suicidal, and it is really important that we protect access to trans care for trans youth."

Wilson is an example of someone this healthcare not only saved but helped thrive. It's exciting to see her use her insightful, attentive, sometimes hilariously-sharp voice.

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You’re Not a Criminal, But You’re Going to Jail: My ICE Detention Story as a Canadian Citizen

[Jasmine Mooney]

A nightmare account from a Canadian citizen detained by ICE:

"I was taken to a tiny, freezing cement cell with bright fluorescent lights and a toilet. There were five other women lying on their mats with the aluminum sheets wrapped over them like dead bodies. The guard locked the door behind me.

[...] After some research, the reality became clear — ICE detention isn’t just a bureaucratic nightmare. It’s a business. These facilities are privately owned and run for profit.

Companies like CoreCivic and GEO Group receive government funding based on the number of people they detain. The more prisoners, the more money they make. They don’t lobby for stricter immigration policies in the name of national security — they do it to protect their bottom line."

There is so much to fix here, but perhaps this is the crux: people are making a profit from tightened immigration rules that keep people detained for months or years without due process. That shouldn't be allowed to happen.

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How to hide a painting

[Mike Monteiro]

On whether it's always been this bad in America:

"America was born in blood, genocide, kidnapping, and death. Behind every story we were told about America’s greatness, there is a secret second painting. A thing America doesn’t want you to see. Behind every “from sea to shining sea” there is a Trail of Tears. Behind every first pitch at Dodger Stadium there’s the destruction of Chavez Ravine. Behind every moonshot there’s a Nazi V2 rocket. Behind every “liberation of the camps” there’s a Nakba. Behind every interstate highway system there’s the destruction of a thousand Black and immigrant neighborhoods."

Although it's front and center, much of what we're experiencing isn't actually new for lots of communities across America. Treating the current moment as completely new doesn't serve us: it erases those struggles and historic injustices. That's not to say that everything is good right now - it's obviously not - but the road that led us here is clearly marked throughout American history.

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New German, Swiss, And Austrian Guidelines Recommend Trans Youth Care, Slam Cass Review

[Erin In The Morning]

While America is destroying the ability for trans people to participate in public life, over in Europe they're (rightly) improving care for trans people.

"In recent years, U.S. politicians have selectively framed European healthcare policies to justify restrictions on transgender care, seizing on a handful of conservative policies to claim that “Europe is pulling back.” The most extreme example, the United Kingdom’s Cass Review, has been wielded to justify a near-total ban on puberty blockers and even cited in U.S. Supreme Court arguments. But new medical guidelines from Germany, Austria, and Switzerland tell a different story. These countries have reaffirmed the importance of gender-affirming care for transgender youth and issued sharp critiques of the Cass Review, calling out its severe methodological flaws and misrepresentations."

They contain this specific recommendation:

“If, in individual cases, the progressive pubertal maturation development creates a time pressure in which health damage would be expected due to longer waiting times to avert irreversible bodily changes (e.g. male voice change), access to child and adolescent psychiatric or psychotherapeutic clarification and medical treatment options should be granted as quickly as possible.”

Once again, a rejection of the Cass Review is good news here: the widely debunked study was essentially propaganda for anti-trans interests and didn't represent broader healthcare perspectives.

But the bigger good news is that Europe is a safer place for trans people to live and be supported. I hope, one day soon, America comes to its senses and puts itself on a more supportive path.

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Leader of student protests at Columbia facing deportation

[Jake Offenhartz, Cedar Attanasio and Philip Marcelo at The Associated Press]

This seems completely in line with the First Amendment's protections against restrictions on speech and assembly by the US government:

"President Donald Trump warned Monday that the arrest and possible deportation of a Palestinian activist who helped lead protests at Columbia University will be the first “of many to come” as his administration cracks down on campus demonstrations against Israel and the war in Gaza."

Protesting Israel's right-wing government is not in itself anti-semitic. And Mahmoud Khalil's status as a resident student rather than an American citizen does not make him any less subject to constitutional protections.

"Khalil, who was born in Syria to Palestinian parents and has an American citizen wife who is eight months pregnant, emerged as one of the most visible activists in the protests at Columbia.

[...] “The Department of Homeland Security’s lawless decision to arrest him solely because of his peaceful anti-genocide activism represents a blatant attack on the First Amendment’s guarantee of free speech, immigration laws, and the very humanity of Palestinians,” said the Council on American-Islamic Relations, a national Muslim civil rights advocacy group."

This seems like the very opposite of what America is supposed to be (or at least purports itself to be). Hopefully applied pressure will work - for this particular person, and as a precedent for American civil rights into the future.

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Trump’s USCIS wants to review all prospective citizens’ social media accounts

[Gaby Del Valle at The Verge]

This is dystopian:

"The Trump administration may soon demand the social media accounts of people applying for green cards, US citizenship, and asylum or refugee status. US Citizenship and Immigration Services (USCIS) — the federal agency that oversees legal migration, proposed the new policy in the Federal Register this week — calling this information “necessary for a rigorous vetting and screening” of all people applying for “immigration-related benefits.”"

I'm truly interested to learn how this squares with the First Amendment of the United States Constitution, which constrains government's ability to restrict speech of anyone on US soil, including immigrants and visitors.

I agree with Beatriz Lopez, the executive director of Catalyze/Citizens, who said:

“Trump is turning online spaces into surveillance traps, where immigrants are forced to watch their every move and censor their speech or risk their futures in this country. Today it’s immigrants, tomorrow it’s U.S. citizens who dissent with Trump and his administration.”

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How DOGE’s IRS Cuts Could Cost More Than DOGE Will Ever Save

[Andy Kroll at ProPublica]

Cutting the IRS has nothing to do with government efficiency:

"Unlike with other federal agencies, cutting the IRS means the government collects less money and finds fewer tax abuses. Economic studies have shown that for every dollar spent by the IRS, the agency returns between $5 and $12, depending on how much income the taxpayer declared. A 2024 report by the nonpartisan Government Accountability Office found that the IRS found savings of $13,000 for every additional hour spent auditing the tax returns of very wealthy taxpayers — a return on investment that “would leave Wall Street hedge fund managers drooling,” in the words of the Institute on Taxation and Economic Policy."

These cuts will particularly curtail audits of wealthy individuals: people who are more likely to be avoiding paying tax to begin with.

As the article points out:

"“When you hamstring the IRS,” Koskinen added. “it’s just a tax cut for tax cheats.”"

So let's not do that?

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Okay, You Try Thinking of a Better Way to Protest President Nyarlathotep’s Terror Telecast

[Andrew Paul at McSweeney's]

"I gotta be honest with you, though. I think the Outer God got the message loud and clear. Our tasteful combination of fashionably coordinated clothes, tiny paper fans with BAD! printed on them, and some of our sternest looks of disapproval to date really drove home the fact that we aren’t jazzed by all this cosmic cruelty. I can’t think of anything we could have done differently to inspire our petrified constituents to rise up and take a stand against Nyarlathotep’s unholy resummoning. Sure, the Dungeon Lich-at-Arms tossed that representative from Texas into a Torment Portal after they booed the President, but there’s no way that will play well to anyone beyond his most devout minions."

It's funny because it's true.

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GSA eliminates 18F

[Natalie Alms at Nextgov/FCW]

I'd say this was an unbelievable own-goal. But, unfortunately, it's believable:

"The General Services Administration deleted 18F, a government tech consultancy that helps other agencies with their technology, early Saturday morning.

The office has been deemed “non-critical,” Thomas Shedd, director of GSA’s Technology Transformation Services, emailed staff at 1am. The agency’s acting head, Stephen Ehikian, told GSA staff Monday that the agency, which works across the government on tech, procurement and real estate, would be conducting a reduction in force."

18F has consistently saved other agencies money, and is seen as an example of modern government that other agencies (and governments) should learn from. It's an insane agency to dismantle.

But the way 18F worked - human-centered, in the open, with a real eye for inclusive change that saved real resources - is antithetical to Musk's mindset of believing yourself to be the smartest person in the room and forcing people to use your systems based on your own values.

Likely, Musk believes that these services should be provided by private companies (like his own) that could profit from it. It’s a backwards, profiteering, grifter-first approach to government services.

Of course, 18F is confronting to Musk in another way too: you can't be the smartest person in the room when those people are also in the room.

Yet another loss to hubris.

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Groups helping LGBTQ+ victims of violence could face loss of federal funds

[Mel Leonor Barclay and Jasmine Mithani at The 19th]

The impact of this will be severe:

"Organizations that provide services to LGBTQ+ victims of domestic and intimate partner violence expect much of the federal funding they rely on to dry up as the Trump administration’s executive orders target the work they have been carrying out for years.

[...] Groups that focus specifically on LGBTQ+ victims are part of a broader network of federally funded nonprofits that provide life-saving counseling, housing and legal aid to people experiencing violence from spouses, partners or family members. Some nonprofits also train social workers, therapists and lawyers in how to work sensitively with LGBTQ+ victims of violence."

Protecting vulnerable communities from harm is not on this administration's agenda. Instead, it seeks to pursue a restrictive, theocratic vision of society that punishes people who are already suffering. Hopefully other organizations will step up and provide some of the funding shortfall.

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What Felt Impossible Became Possible

[Dan Sinker]

This story doesn't feel like it's going to end up inspiring, but bear with it:

"George Dale printed their names in his newspaper, part of his unrelenting, unceasing, and unflinching attack on the Muncie Klan.

[...] When he wrote an editorial accusing circuit court judge Clarence Dearth of being a Klansman and stacking his juries with Klansmen, that judge sent Dale twice to perform hard labor on a penal farm. He later fled to Ohio to avoid arrest. When Dale got home, he picked up right where he left off and he and Judge Dearth fought a long and protracted defamation battle that left Dale broke."

But do stick with it, because not only is the entirety of George Dale and the story of what he did in Muncie, Indiana inspirational from start to finish, but the conclusion might be enough fire to power you through and inspire your own acts of democratic heroism.

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Texas Banned Abortion. Then Sepsis Rates Soared.

[Lizzie Presser, Andrea Suozzo, Sophie Chou and Kavitha Surana at ProPublica]

My colleagues at ProPublica conducted a first-of-its-kind data analysis on health outcomes after Texas banned abortion in 2021.

Here's what it found:

"The rate of sepsis shot up more than 50% for women hospitalized when they lost their pregnancies in the second trimester, ProPublica found.

The new reporting shows that, after the state banned abortion, dozens more pregnant and postpartum women died in Texas hospitals than had in pre-pandemic years, which ProPublica used as a baseline to avoid COVID-19-related distortions. As the maternal mortality rate dropped nationally, ProPublica found, it rose substantially in Texas."

The abortion ban is leading to dangerous delays in care that is leading to an uptick in maternal death. Which is exactly what patient advocates warned would happen.

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What Elon Musk's son in Trump's Oval Office tells us about politics and family

[Jennifer Gerson at The 19th]

Musk has been seen with his child, X Æ A-Xii (or "Lil X" for short), at press conferences. But, as Jennifer Gerson notes here, it's not just a photo op.

"Musk, a father of 12, is an avowed pronatalist, or someone who believes declining population rates are a major concern and has committed to work to remedy this by having as many children as possible. He sees part of his life’s work as repopulating the planet with as many children — and exceptional children at that — as possible."

It's also a wild double standard. Imagine the chorus of conservative mocking if a woman had done the same thing. That's not to say that children shouldn't be normalized at work - they really should - but what's happening in the current moment is hardly a symbol of radical inclusion.

"Pronatalism requires that people who are able to carry pregnancies — mostly women — be pregnant for large periods of time. These pregnancies can have a major impact on women’s participation in the workforce and economic mobility."

Finally, as Gerson points out, it's certainly worth mentioning that pro-natalists aren't just in favor of any kind of baby. They're heavy eugenicists, with a focus on certain characteristics, including retrograde ideas like potential IQ. Might this also include, in Musk's case, the 14 words? I couldn't possibly say.

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A Few Eggs of Advice in These Trying Times

[Oneofthelibrarians at LibrarianShipwreck]

Some advice about how to survive this era from LibrarianShipwreck, one of my most favorite blogs on the planet:

"So, uh, it’s pretty bad out there! You are probably trying to figure out what the hell to do about it. Here are some words of advice, from wisdom gained through a couple decades in the trenches. Hope it helps."

Some of these are things that I am very bad at, including prioritizing physical health / ability. I think there's also a lot to say in favor of this:

"The Western, and especially USAian, mythos of the singularly special hero is a load of hooey. Don’t fall into that trap. Even when we occasionally do have individuals who make an outsized difference, if you need the thoughts in this post you are almost certainly not positioned to be that person. And that’s ok!"

What these times need, in other words, is co-operation, mutual aid, community, and allyship. American culture, as the piece says, is oriented around rugged individualism; while we all have individual rights, including the right to self-identity, the right to safety, the right to freedom of speech and thought, and so on, it's community that will set us free.

Jerry Springer was a cultural grenade who in some ways paved the path to where we are, but he got one thing right: he signed off every day with the mantra, "take care of yourselves, and each other." That's the spirit.

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The NSA's "Big Delete"

[Judd Legum and Rebecca Crosby in Popular Information]

The removal of banned terms on both internal and external government websites is going more stupidly than one might have expected:

"One example included a job listing page for the Department of Homeland Security that removed language about maintaining an “inclusive environment.” The Post also found examples of words being removed that had nothing to do with DEI, such as a page on the Department of the Interior’s website that boasted of its museums' “diverse collections,” removing the word “diverse.”"

And:

"The memo acknowledges that the list includes many terms that are used by the NSA in contexts that have nothing to do with DEI. For example, the term "privilege" is used by the NSA in the context of "privilege escalation." In the intelligence world, privilege escalation refers to "techniques that adversaries use to gain higher-level permissions on a system or network.""

The whole enterprise is silly, of course, but this is an incredibly bad way to go about it. Words have meaning, and sometimes you need to use them. A global search and replace isn't a perfect way to revamp the whole apparatus of federal government.

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Judith Butler, philosopher: ‘If you sacrifice a minority like trans people, you are operating within a fascist logic’

[Iker Seisdedos interviewing Judith Butler in EL PAÍS English]

Judith Butler is as on-point as ever:

"Q. It wasn’t just Trumpism. Some Democratic voices say it’s time to move beyond the issue of trans rights in areas like sports, which affect very few people.

A. You could say that about the Jews, Black people or Haitians, or any very vulnerable minority. Once you decide that a single vulnerable minority can be sacrificed, you’re operating within a fascist logic, because that means there might be a second one you’re willing to sacrifice, and a third, a fourth, and then what happens?"

This is exactly it. I've also heard voices say that there should have been less discussion of racial equity: less Black Lives Matter, less 1619 Project, less discussion of systemic inequality. It's nonsense, and as Butler says, it's a road that leads us down an inevitably fascist path.

The whole interview is very much worth your time: nuanced and well-considered.

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USAID’s reproductive health spending has saved millions of lives. Now it’s gone.

[Jessica Kutz at The 19th]

USAID's defunding will lead directly to women's deaths:

"As of 2023, 67 percent of contraceptives supplied through USAID went to Africa, where some of the leading causes of death for girls and women are related to pregnancy and sexually transmitted infections like HIV. According to an analysis by the Guttmacher Institute, if no contraceptive care is provided by USAID in 2025, that will lead to about 4.2 million unintended pregnancies and over 8,000 deaths related to pregnancy and childbirth complications."

The article goes on to detail efforts in countries like Afghanistan, Senegal, India, and Nigeria. The idea that we should simply rug-pull these efforts is ludicrous: it sends a clear message that we no longer care about the well-being of people overseas, and that we don't think their quality of life is important to us or affects us. This is an obvious, profound mistake.

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Donald Trump’s Immigration Executive Orders: Tracking the Most Impactful Changes

[Mica Rosenberg, Perla Trevizo, and Zisiga Mukulu in ProPublica, co-published with The Texas Tribune]

This is a beautifully-designed co-production between ProPublica and The Texas Tribune, illustrating the immigration policies that Donald Trump enacted on day one. These encompassed dozens of policies that were revived from his first term, as well as seven new ones that hadn't been tried before.

"In order to provide a glimpse of the enormity of the changes that are underway, ProPublica and the Tribune identified nearly three dozen of the most impactful policy changes set in motion by the orders signed on the first day. Most were pulled from the playbook of Trump’s previous presidency. Others are unprecedented."

The new ones are pretty stark, including:

"Ending and clawing back funding from organizations that support migrants: Seeks to stop or limit money to nongovernmental organizations that provide shelter and services to migrants released at the border, as well as legal orientation programs for people in immigration proceedings."

And, of course much has been written about the unconstitutionality of:

"Seeks to end birthright citizenship: Attempts to end birthright citizenship of children born to parents either illegally in the United States or under a temporary legal status, something Trump had only said he wanted to do in his first term."

It's useful to have these written in one place, in an easy-to-digest form, together with updates on what's happened since. The news can feel like a deluge, and aggregating the updates into something parseable is important.

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Shattering the Overton Window

[Natalia Antelava in Coda Story]

This is a useful framework for thinking about ongoing harm.

"It was 2014, and I was standing in the ruins of Donetsk airport, when a Russian-backed rebel commander launched into what seemed like an oddly academic lecture. Between bursts of artillery fire, he explained an American political science concept: the Overton Window – a theory that describes the range of policies and ideas a society considers acceptable at any given time. Politicians can’t successfully propose anything outside this “window” of acceptability without risking their careers. “The West uses this window,” he said, smoke from his cigarette blowing into my face, “to destroy our traditional values by telling us it’s okay for me to marry a man and for you to marry a woman. But we won’t let them.”"

And that's the real, lasting impact of Trump and his worldview:

"As transactional relationships replace values-based alliances, as oligarchic control displaces democratic institutions, as the unthinkable becomes routine – the transformation of our societies isn’t happening by accident."

What will undoing this take? How can we shift the Overton Window back towards inclusion, communities, and compassion? How can we get to the mutualistic, integrated society we need to reach, and say goodbye to this disgustingly retrograde conservatism for good?

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From COBOL to chaos: Elon Musk, DOGE, and the Evil Housekeeper Problem

[Dan Hon in MIT Technology Review]

The always-brilliant Dan Hon on DOGE:

"We’re seeing in real time that there are no practical technical measures preventing someone from taking a spanner to the technology that keeps our government stable, that keeps society running every day—despite the very real consequences.

So we should plan for the worst, even if the likelihood of the worst is low."

The suggestions that follow - identifying risks, working together, standing up and saying "no" - are all sensible and needed.

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