When President Trump took office on January 20th, 2025, he said in his inaugural address: “After years and years of illegal and unconstitutional federal efforts to restrict free expression, I also will sign an executive order to immediately stop all government censorship and bring back free speech to America. Never again will the immense power of the state be weaponized to persecute political opponents.”

In just the past week, Trump has called critical television coverage of him “illegal,” and said that, “when 97 percent of the stories are bad about a person, it’s no longer free speech.” He’s also threatened ABC’s chief Washington correspondent to, “go after people like you,” for, “hate speech,” and urged his administration to revoke the broadcast licenses of TV stations that are “against” him. He also filed a $15 billion defamation lawsuit against the New York Times and threatened protesters and left wing groups with racketeering lawsuits.

Additionally, Trump has urged his Attorney General Pam Bondi to target his political foes. For her part, Bondi said in a podcast interview, “There’s free speech, and then there’s hate speech. And there is no place — especially now, especially after what happened to Charlie — in our society.” She went on to say, “We will absolutely target you, go after you, if you are targeting anyone with hate speech.” She later attempted to clarify that she was referring to incitements of violence.

As we discussed on the last podcast, FCC Chair Brendan Carr threatened Disney and ABC’s affiliate stations over Jimmy Kimmel’s recent comments saying, “This is a very, very serious issue right now for Disney. We can do this the easy way or the hard way,” and “These companies can find ways to take action on Kimmel, or there is going to be additional work for the FCC ahead.”

The Pentagon has said it will require journalists to sign a pledge refraining from reporting information that isn’t authorized for release, including unclassified information, or risk losing press credentials. And the vice president urged Americans to call the employers of anyone seen celebrating the killing of Charlie Kirk.

The events of the past week add to a long list of moves that already concerned First Amendment defenders, like targeting law firms, museums, academic institutions, and career bureaucrats for expression Trump disagrees with and attempting to criminalize burning the American flag.

On today’s podcast, we make sense of all of this with a longtime defender of the First Amendment, Nadine Strossen. She was the longest-serving president of the ACLU, from 1991 to 2008 and is now a senior fellow at FIRE, the Foundation For Individual Rights And Expression. She is also the author of the 2018 book, “HATE: Why We Should Resist It with Free Speech, Not Censorship” and a professor emerita at New York Law School.

Throughout her career she has defended all manner of expression, ranging from the alt-right in Charlottesville, to free speech on campuses, to pornography, to flag burning, to criticizing the PATRIOT ACT. Perhaps most poignantly, as the daughter of a holocaust survivor, she has spoken in favor of the right of neo-Nazis to march in Skokie, Illinois, a case that predated her at the ACLU.

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On today’s podcast we talk about two shutdowns: the indefinite preemption of Jimmy Kimmel Live! and the possibility that Democrats will shut the government down at the end of the month.

Wednesday night Jimmy Kimmel went the way of FiveThirtyEight (at least for now), when ABC preempted his show indefinitely. In a monologue on the show he had appeared to suggest that Charlie Kirk’s killer was a Republican, saying "The MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them and doing everything they can to score political points from it."

On Wednesday, FCC chair Brendan Carr appeared to threaten Disney over the comments saying, “This is a very, very serious issue right now for Disney. We can do this the easy way or the hard way,” and, “These companies can find ways to take action on Kimmel, or there is going to be additional work for the FCC ahead.”

This has all caused outrage over the suggestion of government coercion and censorship and it comes not long after Attorney General Pam Bondi characterized the First Amendment as not covering hate speech.

Today on the podcast, Mary Radcliffe, Nathaniel Rakich, and I react to the developments and the broader political environment in the aftermath of Kirk’s killing. We also debate whether Democrats should shut the government down.

We have a special guest on the podcast today: former FiveThirtyEight Politics podcaster, staff writer at The New Yorker, and dear friend, Clare Malone.

As a reminder Clare, Nate Silver and I will be taping a live show at the Comedy Cellar in New York City on September 29th. Tickets are available here.

In this installment of the podcast, Clare and I catch up on some of the latest news in politics and media. We talk about the political and emotional reverberations from Charlie Kirk’s assassination, the strange bedfellows who have found common cause in the “Make America Healthy Again” movement, and we dig through the most recent polling in the New York City mayoral race.

We also debate the potency of Democrats’ messaging about Trump’s “culture of corruption,” as well as the meaning of Kamala Harris’s new book. Lastly, we discuss what the recent Murdoch family settlement means for the future of conservative media.

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I recorded today’s podcast on Wednesday before the news broke that Charlie Kirk was killed, so I want to take a moment to address it at the start.

It’s despicable and saddening. It’s sad on a human level and sad on a national level. On a human level, my heart goes out to Charlie’s family and his young children. On a national level, it’s a horrific situation to be in that someone was murdered while engaging in debate on a college campus. People must feel safe to speak their minds in a free country — left, right, center, controversial or not.

At the time I’m writing this, we don’t have details about the perpetrator, but all indications point toward political violence. If you’re a longtime listener, you’ve been alongside me for far too much political violence: multiple assassination attempts against President Trump, January 6th, the shooting of Steve Scalise, the shooting of two state lawmakers in Minnesota, the El Paso Walmart shooting, the Brian Thompson shooting, this assassination of Charlie Kirk, and more.

Partisans may focus on blaming a political party. We know from evidence that’s not helpful. The best way to prevent future political violence is for all leaders to condemn it in the clearest, strongest terms whenever it happens, by whoever it’s committed. Evidence also suggests that it’s a very small number of Americans who see violence as an acceptable form of political behavior. Tragically, though, all it takes is one person to wreak havoc on our nation and our system.

It’s heartening to see the most prominent Democratic leaders condemning the violence in absolute terms. It’s disheartening to see left-wing provocateurs celebrating and right-wing provocateurs describing this as a call to arms.

For my part, this is the whole ballgame. Decreasing political discord and engendering a shared sense of fate amongst Americans is one of the things I care most about. I hope I never have to cite statistics or evidence about the number of Americans who support political violence again on the GD POLITICS podcast. I sadly know that’s unlikely.

It’s hard to feel optimistic at a moment like this, but I do feel thankful for the positive community we have here on this podcast. So thank you for that and my prayers are with Charlie Kirk’s family.

The bulk of today’s show focuses on recent elections and questions from listeners. We got a lot of great questions, so please continue sending them in.

We talk about why Trump’s approval rating has been holding up better now than in his first term, whether all those spam calls and texts are making it harder to poll, and how young voters’ priorities are diverging along gender and partisan lines. We’ve also got some recent election news, including the special election in Virginia and a national election in Norway.

With me to discuss all of that and more is friend of the pod and senior data scientist at the Washington Post Lenny Bronner.

Tuesday is Election Day in Virginia’s 11th congressional district. Call it an amuse bouche for Virginia’s statewide elections this November.

The special election, following Democrat Gerry Connolly’s death in office, isn’t expected to be competitive. Harris won the district by 34 percentage points, but it gives us one more data point to assess how the parties are doing in special elections. So far this year, Democrats are over-performing by double digits.

On today’s podcast we also discuss Friday’s job numbers and whether they’ll add to Americans’ pessimism about Trump’s handling of the economy. It’s a very different dynamic to Trump’s first term, when Americans approved of Trump’s handling of the economy even if they didn’t like him overall.

Plus, a recent New York Times analysis of population trends paints a dire picture for Democrats Electoral College math next decade, with red states gaining electors and blue states losing them. Is it “Good Data, Bad Data, or Not Data?”

Joining me are two trusty hands: Nathaniel Rakich and Mary Radcliffe.

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It’s hard to open the news these days and not get the sense that American democracy is on the fritz. And I’m not just talking about if you’re mainlining MSNBC. Within the past week, a headline at the Financial Times reads: “US sliding towards 1930s-style autocracy, warns Ray Dalio.”

The Wall Street Journal reads: “In Trump’s Second Term, a Bolder President Charges Ahead Unchecked. Trump is frequently riffing on authoritarianism and ignoring caution from advisers.” The New York Times reads: “Historians See Autocratic Playbook in Trump’s Attacks on Science.”

President Trump has tested and – according to the courts – exceeded the bounds of his power while in office.

He’s deployed the National Guard against governors' wishes, levied tariffs of all manner, frozen funding to universities, cut off law firms from federal contracts, fast tracked deportations using the Alien Enemies Act, fired a Fed governor and heads of independent agencies, installed allies at the Department of Justice… the list goes on.

Some of this may fall into the category of “things that Democrats don’t like,” and the remedy for that is to win elections. Some of it may be illegal. And in those instances, the remedy is the courts.

One of the most important tests of our system is whether the courts recognize breaches of the law when they happen and whether involved parties comply with court rulings once they’re made.

So on today’s podcast I want to get beyond what can sometimes feel like a nebulous freakout and talk about the cases asserting that Trump has exceeded his power and check in on where they stand.

According to Just Security, there are at least 390 legal challenges to the Trump administration's actions, so we don’t get to all of them, but we touch on some key ones. With me to do that is Professor of Law at Cardozo, Jessica Roth. She’s also the co-director of the Center for Ethics in the Practice of Law and a former federal prosecutor.

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Even before the mid-decade gerrymandering wars began, the 2026 midterms were on track to feature the fewest competitive House districts in modern elections.

According to Cook Political Report’s ratings, 84 percent of House districts are solidly in one camp and another 7 percent are likely Republican or Democrat. That means 91 percent of districts aren’t particularly competitive and 30 states don’t have a single competitive election for the House. Current gerrymandering efforts are likely to take more competitive districts off the table.

It’s a tricky moment for – well, the country – and also for good government groups that have long pursued election reforms like independent redistricting commissions. Common Cause, which has frequently sued over partisan gerrymandering, said it won’t fight California over its proposed gerrymander.

According to the nonpartisan group Unite America, which has also pursued independent redistricting reforms, this makes reforms to primary elections – where the vast majority of the midterm elections will essentially be decided – all the more important.

Unite America advocates for “open primaries” in which all voters (Republican, Democrat, and unaligned) can cast a ballot, and candidates from all parties compete together. They also advocate for instant runoffs in general elections, known as ranked choice voting.

Joining me on today’s podcast to make the case for these reforms is Richard Barton, a fellow at Unite America and political science professor at Syracuse University.

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We’ve got a podcast full of election updates today. We kick things off with the latest in the gerrymandering wars. Both Texas and California approved new maps in their state legislatures. For Texas, that makes it pretty much a done deal, pending lawsuits. For California, that means the maps now go to the voters to approve and we have some new polling on what they think at the start of all of this.

Now eyes are turning to Missouri, Ohio, Indiana, and Florida for more Republican gerrymandering and to New York, Illinois, Maryland, Oregon and Virginia for more Democratic gerrymandering. Although, much of the Democratic gerrymandering may have to wait a cycle.

Next we look to the New York City mayoral race, one of the hottest items of the fall’s off-year elections. It’s getting about as New York as you can imagine. There’s more scandal surrounding Eric Adams, including one associate trying to bribe a reporter with cash stuffed in a bag of Herr’s potato chips. Zohran Mamdani led his supporters on a city-wide scavenger hunt and got panned online for failing to do a bench press rep solo at a campaign event. And Cuomo is attracting big money from Mamdani-skeptic New Yorkers, with his super PAC raising 1.3 million in a single week.

We also check in on the national environment, lest we get to Texas, California and New York-centric. With me to do it all is my former colleague and newly minted Chief Election Analyst at Decision Desk HQ Geoffrey Skelley.

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Do moderate candidates do better in elections? It’s a question that has rocked the online world of election data nerds in recent days.

There has been hair pulling, locker stuffing, and swirly giving. Sorry, I mean, there has been online snark, Substack posts and replies, competing Twitter and Bluesky threads, academic credential waving, and accusations of bias.

What started this whole thing is a little metric called WAR, which is oftentimes used in sports and means “wins above replacement.” Basically, how well does a particular politician perform in an election compared to how a generic candidate from their own party would have done.

The folks at SplitTicket, helmed by Lakshya Jain, have been using this metric to analyze electoral politics for a while and have found that the benefit to being a moderate is notable. From 2018 to 2024, according to their data, Blue Dog Democrats did about 5 percentage points better than progressive Democrats in House elections.

The folks at Strength In Numbers, helmed by Elliott Morris, recently published their own version of WAR, showing a smaller benefit to political moderation, about a 1 to 1.5 percentage point benefit, with significant uncertainty bands around those numbers. Elliott concluded in an article that moderation is overrated in electoral politics.

This initial disagreement sparked a broader debate between other Substackers, academics, and election wonks who took one side or another.

Today, for the first time since this debate began, the two sides sit down together to hash it out on the GD POLITICS podcast. Joining me on this episode are Lakshya Jain and Elliott Morris.

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The gerrymandering wars are continuing apace. Texas Democratic legislators are returning to their state this week after leaving in order to block a Republican attempt to redraw the state’s congressional maps. Their return means Texas Republicans can move forward with their gerrymandered maps, which aim to add five Republicans to the state’s congressional ranks.

California Governor Gavin Newsom has kicked off his own retaliatory gambit, attempting to add five seats to the Democratic roster in his state, with new maps that will be considered by the California legislature this week and – if all goes to plan – considered by California voters in a referendum this fall.

Speaking of gambits, Ipsos announced that it is partnering with Stanford to create AI survey respondents that are twinned with real people. Is this “Good Data, Bad Data or Not Data?” And will survey respondents be the first casualties of the great AI job displacement?

Also, as we sat down to record Monday morning, Ukrainian President Volodymyr Zelensky and European leaders were meeting with President Trump to present their vision for how to bring about an end to the war in Ukraine, after Trump seemed to side with Russian President Vladimir Putin last Friday.

Trump’s relationship with Russia was a highly scrutinized part of his first term, but what do Americans think now? And how involved do they want the US to be in ending the war in Ukraine?

With me to discuss it all are two dear friends of the pod, Mary Radcliffe and Nathaniel Rakich.

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