This year has brought a new level of anti-democratic behavior, particularly in state houses and legislatures. In March, Rep. Mauree Turner from Oklahoma was censured for offering a protester the use of an office in the aftermath of an arrest. In April, two Tennessee state representatives, Reps. Justin Jones and Justin Pearson, were ousted for speaking up for their constituents protesting against gun violence. And then in May, Rep. Zooey Zephyr was censured for her vocal opposition to a bill banning gender-affirming care for minors.

The retaliation experienced by these elected officials hints at the growing vulnerability of the right to express dissent in politics and government, a worrying trend. The rise in bans attacking the LGBTQ community is being met with protest, the foundational American mechanism we have for showing disapproval and standing up for our values in our representative democracy. When that right to dissent is threatened, we all are threatened, and the LGBTQ community is put even further at risk. Joining us today to talk about this silencing effect are Rep. Zooey Zephyr from Montana and Rep. Mauree Turner from Oklahoma.

As legislatures across the country enact anti-LGBTQ bills, one group has taken center stage in our national conversation: trans youth. Of the 491 anti-LGBTQ bills that we are tracking in this legislative session, 118 are bills seeking to restrict or ban gender-affirming care for trans kids. In the midst of all of this we are losing sight of the big picture. Trans kids are simply kids. And they’d like everyone else to let them be that. They don’t want to have to grow up fast, or be thrust into the spotlight. They want to manage their cheer team, build robots in their bedrooms, and go to homecoming with their friends.

So today, we’re passing them the mic, because well, the adults are talking too much and need to sit down and listen.

On this podcast, we have covered book banning and education censorship a few times before, but the way we see it, bans and revisionist histories thrive in our silence.

Despite the recent attention surrounding the onslaught of CRT bans, the suppression of certain histories isn’t new. Indigenous history and Indigenous issues have long been underreported and even erased, sidelining Indigenous folks and their experiences from the national conversation. This is one of the most active mechanisms of oppression of Indigenous Americans — erasure — erasure of history, culture, and language. Make no mistake, CRT bans are just the latest euphemisms — and violent tools — for cultural genocide.

This story is playing out across the country, especially in South Dakota where the governor and state legislature of South Dakota have introduced multiple bills over the last two years aiming to dramatically dilute Indigenous history and culture in the school curriculum. Today, we will be hearing from Wyatt Hunter, a recent high school graduate from South Dakota and Sarah White, Founder & Executive Director of the South Dakota Education Equity Coalition (SDEEC), about the fight for Indigenous education in South Dakota.

Today, we are celebrating the ending of Asian American and Pacific Islander Heritage Month with a conversation with legendary drag performer Sasha Colby. For the last 20 years, Colby has been one of the most celebrated names in drag and last month, she added another accolade to the list: winner of RuPaul’s Drag Race. Colby’s win is historic, marking the first time a first trans woman of color and a Native Hawaiian contestant has won the competition.

Colby’s victory comes at a fraught time for the communities she proudly represents. Towards the end of 2022, lawmakers in six states proposed bills to ban drag in public or in the presence of minors. On April 1st, Tennessee became the first state in the country to ban drag performances anywhere in the presence of someone under 18 years old, which thankfully was temporarily blocked by a judge. So far in 2023, politicians across the country have introduced nearly 500 anti-LGBTQ bills overwhelmingly targeting trans people and trans youth specifically. All of these efforts rely on antiquated anti-LGBTQ ideas and tropes that are dangerous. Now more than ever, representation of trans people living and thriving is important, and Sasha has dedicated herself and her craft to this for nearly two decades.

Sasha Colby joins us today to talk about what it means to be the first Native Hawaiian winner of Drag Race, her storied career, and what drag means in America right now.

Today, we're focusing on Chicago — the country's third largest (and one of the most diverse) cities, and a city that has been a blueprint for housing segregation. While the discriminatory practice of racial redlining was officially outlawed in 1968, the practice still reverberates throughout the city today. For every dollar loaned by banks in Chicago’s white neighborhoods, they invest just 12 cents in the city’s Black neighborhoods, and 13 cents in Latino areas, according to a 2020 study by WBEZ and City Bureau. A typical household’s wealth in the richest area of Chicago is 206 times higher than a typical household’s wealth in the poorest area. This continued inequity lies at the crux of the city’s ongoing struggles against gun and gang violence, unemployment, and homelessness, but are often overlooked. The system was designed to create these problems, and has worked as intended. Now, it’s time to learn how so many Chicagoans were set up to struggle, and how we can all be a part of undoing the legacy of racism that pervades the city’s maps.

Here to talk to us about Chicago’s infamous housing history, ongoing consequences, and nationwide influence, is Mike Amezcua, associate history professor at Georgetown University and author of “Making Mexican Chicago: From Postwar Settlement to the Age of Gentrification.”

The social media platform TikTok has had a meteoric rise. The app has become a hub for educators, activists, and creatives to influence all aspects of culture. From launching dance trends, catapulting decades old books onto best sellers lists, to educating voters and organizing changemakers, TikTok has become key to how over 150 million users across the United States create, engage, and learn. But a new movement has risen to ban the app, which is owned by the Chinese company ByteDance. Lawmakers at the state and federal level are growing concerned over the prospect of American users' data becoming accessible to the Chinese government. While data privacy is a concern across all social media apps, the singling out of TikTok out points to an anti-Asian sentiment that is racist. What’s more: The banning of a social media app would be a dangerous act of censorship on the free speech of so many Americans.

Today, we will hear from three TikTok creators about what brought them to TikTok and why the platform has become a nexus of organizing, education, and entertainment for young Americans. Then Ashley Gorski, Senior Staff Attorney at the ACLU’s National Security Project will help us unpack the bans.

As soon as a week from today, the Biden administration could implement a policy that would force people to seek asylum and wait for an answer in Mexico, or another country they passed through, with limited exceptions. The proposed change is based off of a Trump-era policy that the ACLU fought in court, and which President Biden previously condemned. It also stands in direct violation of United States asylum laws and will lead people fleeing violence and persecution to face avoidable harm.

President Biden campaigned on promises to restore and strengthen the asylum process. Instead of re-committing the United States to its promise of upholding international humanitarian practices, his administration plans to replace the inhumane Title 42 policy enacted under the Trump administration with a similarly dangerous one, taken straight from the Trump administration's playbook.

Baine Bookey, legal director of the Center for Gender and Refugee Studies, and Katrina Eiland, managing attorney for the ACLU’s Immigrants' Rights Project, join us today to unpack this rule, the harm it will cause thousands of people, and to explain what the asylum process should look like.

The ACLU is tracking 452 anti-LGBTQ bills in the U.S. this legislative session. Of those 452, 118 are anti-trans health care bills, and there’s a slew of trans athlete bans, public accommodations bans, drag bans, and education gag orders about gender identity, sexuality, and expression. We’re experiencing an unprecedented surge in attacks on trans people in particular, and trans kids most specifically. In Missouri, the attorney general announced new restrictions on trans healthcare that are the first of their kind, limiting care for both kids AND adults. The rule is currently scheduled to take effect Monday and while the ACLU of Missouri and their partners have filed a petition to seek a temporary restraining order to block implementation of the rule, we haven’t heard back yet. It’s still pending in court. So many attacks are being levied at once against trans people all across the country. It’s hard to keep up.

The speed and viciousness are at a level beyond what we’ve witnessed in our history. So today, we’re getting an update from Chase Strangio, the ACLU’s Deputy Director for Trans Justice with the ACLU LGBTQ & HIV Project, because losing track of what’s happening or losing energy in the fight against these attacks is not an option.

This 4/20, we want to talk about a tool that can be used to address the horrific consequences of the war on drugs: clemency.

Throughout U.S. history, presidents, and governors have had the power to grant clemency, either by pardoning people of their crimes or reducing their sentences. Clemency can be used as a check on the criminal legal system, which often imposes unjustifiably harsh sentences and disproportionately criminalizes Black and Brown people, disabled people, and poor people. As Americans grapple with the racism and punitive spirit that fueled mass incarceration, more and more advocates have called on chief executives to use their power to confront racial injustice and end imprisonment that is no longer just or justified.

Few issues highlight the importance of clemency more than the unequal treatment of drug convictions. Of the 1.9 million people who are currently incarcerated in the U.S.,191,000 are in jail or prison for drug related convictions. Today, many of these convictions would be erroneous, as many states adopt public health approaches to drug use and move towards legalizing marijuana in particular.

Today, we are going to look at the redemptive hope clemency can provide, both to people and the criminal legal system as a whole. We are joined by Kemba Smith, who received clemency in 2000 and has been a prominent criminal justice reform advocate ever since, and Cynthia Roseberry, Acting Director of the ACLU’s Justice Division and key leader on Clemency 2014, a historic initiative of more than 4,000 lawyers who represented over 36,000 clients as they went through the presidential clemency process.

On Friday, April 7th, the Tennessee state legislature voted to expel two out of the three state representatives, Representatives Justin Pearson and Justin Jones, who protested on the chamber floor in the wake of a mass shooting that killed six people, including three nine-year-old children. Now, their expulsion was an unprecedented move, completely disregarding typical norms of democracy and also the will of voters. No Tennessee House member has ever been removed from elected office for simply violating decorum rules.

This week, both Representative Pearson and Jones were reinstated to their elected seats in the State House, but the damage has been done.

Here to unpack all that has happened in Tennessee this week. As Jeff Preptit, a staff attorney at the ACLU of Tennessee.