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clay higgins
State Dept. Official Signals Review of Foreigners 'Praising, Rationalizing, or Making Light of' Kirk Killing
"The US government seeking to punish those who make light of the incident is a complete betrayal of the First Amendment and spits in the face of the principle of free speech and debate," said one lawyer.
Sep 11, 2025
"So much for free speech."
That's how multiple social media users responded Thursday after a top official signaled on the platform X that the US Department of State will review foreigners' remarks on the Wednesday killing of Turning Point USA CEO and co-founder Charlie Kirk, a key ally of Republican President Donald Trump.
"In light of yesterday's horrific assassination of a leading political figure, I want to underscore that foreigners who glorify violence and hatred are not welcome visitors to our country," Deputy Secretary of State Christopher Landau wrote Thursday morning.
"I have been disgusted to see some on social media praising, rationalizing, or making light of the event, and have directed our consular officials to undertake appropriate action," Landau added. "Please feel free to bring such comments by foreigners to my attention so that the State Department can protect the American people."
Lawyers swiftly stressed that the comments Landau is aiming to track down would be "fully protected speech under the First Amendment" to the US Constitution.
American Immigration Council senior fellow Aaron Reichlin-Melnick said, "You can agree that it's a tragedy that a man was assassinated and also believe that the US government seeking to punish those who make light of the incident is a complete betrayal of the First Amendment and spits in the face of the principle of free speech and debate."
"It is appalling to see US government officials trying to police the speech of people outside the US and to direct consular officers to deny and strip visas from anyone who made a joke about Charlie Kirk's assassination—and rely on X for reports," he continued. "The First Amendment applies to the federal government; 'Congress shall make no law... abridging the freedom of speech.' Directing people to have a benefit denied and potentially be deported over a joke in very poor taste violates the First Amendment."
After one X user suggested visitors to the United States don't have the same rights as citizens, Reichlin-Melnick explained that "the First Amendment is a restriction on government action that applies even when the government seeks to restrict the speech of noncitizens. If you'd like, I can cite you dozens of court cases confirming that noncitizens enjoy First Amendment protections."
Kirk and his allies—including Trump—have long framed the late 31-year-old as a free speech supporter. A lengthy pop-up message about his death on the Turning Point USA website even says that "Charlie has become America's greatest martyr to the freedom of speech he so adored."
In response to Axios' reporting on Landau's threat, Jameel Jaffer, director of the Knight First Amendment Institute at Columbia University, sarcastically said: "Yes, this definitely seems like an appropriate and constitutional use of the State Department's surveillance authorities. And definitely a fitting way to honor a person whom Trump admin officials have labeled a First Amendment hero."
pretty wild that it so quickly became normalized that immigrants don’t have even basic free speech rightswww.axios.com/2025/09/11/c...
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— Olivia Messer (@oliviamesser.bsky.social) September 11, 2025 at 3:38 PM
Writer Miriam Elder similarly quipped, "The free speech government honoring the free speech martyr."
Trump also publicly fancies himself a protector of free speech, but since returning to office in January, he has targeted law firms that represent clients and causes he opposes, news outlets whose coverage he disagrees with, and foreign students who criticize Israel's US-backed genocide against Palestinians in the Gaza Strip.
Although elected officials across the US political spectrum have condemned Kirk's killing and his unidentified shooter remains at large, Trump claimed in a Wednesday night speech that the rhetoric of the "radical left" is "directly responsible" for his death.
The president also pledged that his administration "will find each and every one of those who contributed to this atrocity and to other political violence, including the organizations that fund it and support it, as well as those who go after our judges, law enforcement officials, and everyone else who brings order to our country."
While Kirk's fatal shooting has sparked widespread condemnation of all political violence, the far-right crusader's longtime critics have also highlighted his attacks on marginalized people, promotion of misinformation and conspiracy theories, and strong opposition to stricter gun laws—including his assertion that "it's worth to have a cost of unfortunately some gun deaths every single year so that we can have the Second Amendment."
Landau wasn't the only key official making threats about commentary on Kirk's killing. Congressman Clay Higgins (R-La.) said on X early Thursday that "I'm going to use congressional authority and every influence with Big Tech platforms to mandate immediate ban for life of every post or commenter that belittled the assassination of Charlie Kirk."
"If they ran their mouth with their smartass hatred celebrating the heinous murder of that beautiful young man who dedicated his whole life to delivering respectful conservative truth into the hearts of liberal enclave universities, armed only with a Bible and a microphone and a Constitution... those profiles must come down," he said. "So, I'm going to lean forward in this fight, demanding that Big Tech have zero tolerance for violent political hate content, the user to be banned from ALL PLATFORMS FOREVER."
"I'm also going after their business licenses and permitting, their businesses will be blacklisted aggressively, they should be kicked from every school, and their driver's licenses should be revoked," he added. "I'm basically going to cancel with extreme prejudice these evil, sick animals who celebrated Charlie Kirk's assassination. I'm starting that today. That is all."
Several X users responded with examples of Higgins' long history of problematic commentary.
Foundation for Individual Rights and Expression (FIRE) CEO Greg Lukianoff told Higgins: "No. The state may not coerce private institutions to censor speech that the state itself cannot censor under the First Amendment. Besides, you are not safer for knowing LESS about what people really think."
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'Their Complicity Is Dangerous': DC Police Chief Slammed for Submitting to Trump's ICE Raids
"The very institution that is supposed to keep district residents safe is now allowing ICE to jeopardize the safety and lives of hardworking immigrants and their families," said one local labor leader.
Aug 14, 2025
The ACLU and a local branch of one of the nation's largest labor unions were among those who condemned Thursday's order by Washington, DC's police chief authorizing greater cooperation with federal forces sent by President Donald Trump to target and arrest undocumented immigrants in the sanctuary city.
Metropolitan Police Department Chief Pamela Smith issued an executive order directing MPD officers to assist federal forces including Immigration and Customs Enforcement (ICE) in sharing information about people in situations including traffic stops. The directive does not apply to people already in MPD custody. The order also allows MPD to provide transportation for federal immigration agencies and people they've detained.
While Trump called the order a "great step," immigrant defenders slammed the move.
"Now our police department is going to be complicit and be reporting our own people to ICE?" DC Councilmember Janeese Lewis George (D-Ward 4) said. "We have values in this city. Coordination and cooperation means we become a part of the regime."
ACLU DC executive director Monica Hopkins said in a statement that "DC police chief's new order inviting collaboration with ICE is dangerous and unnecessary."
"Immigration enforcement is not the role of local police—and when law enforcement aligns itself with ICE, it fosters fear among DC residents, regardless of citizenship status," Hopkins continued. "Our police should serve the people of DC, not ICE's deportation machine."
"As the federal government scales up Immigration and Customs Enforcement operations, including mass deportations, we see how local law enforcement face pressure to participate," she added. "Federal courts across the country have found both ICE and local agencies liable for unconstitutional detentions under ICE detainers. Police departments that choose to carry out the federal government's business risk losing the trust they need to keep communities safe."
Understanding your rights can help you stay calm and advocate for yourself if approached by U.S. Immigration and Customs Enforcement (ICE) or police. 🧵
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— ACLU of the District of Columbia (@aclu-dc.bsky.social) August 11, 2025 at 7:30 AM
Jaime Contreras, executive vice president and Latino caucus chair of 32BJ SEIU, a local Service Employees International Union branch, said, "It should horrify everyone that DC's police chief has just laid out the welcoming mat for the Trump administration to continue its wave of terror throughout our city."
"The very institution that is supposed to keep district residents safe is now allowing ICE to jeopardize the safety and lives of hardworking immigrants and their families," Contreras continued. "Their complicity is dangerous enough but helping to enforce Trump's tactics and procedures are a violation of the values of DC residents."
"DC needs a chief who will not cave to this administration's fear tactics aimed at silencing anyone who speaks out against injustice," Contreras added. "We call for an immediate end to these rogue attacks that deny basic due process, separates families, and wrongly deports hardworking immigrants and their families."
The condemnation—and local protests—came as dozens of immigrants have been detained this week as government forces occupy and fan out across the city following Trump's deployment of National Guard troops and federalization of the MPD. The president dubiously declared a public safety emergency on Monday, invoking Section 740 of the District of Columbia Self-Government and Governmental Reorganization Act. Trump also said that he would ask the Republican-controlled Congress to authorize an extension of his federal takeover beyond the 30 days allowed under Section 740.
Washington, DC Mayor Muriel Bowser—a Democrat who calls the occupying agencies "our federal partners"—has quietly sought to overturn the capital's Sanctuary Values Amendment Act of 2020, which prohibits MPD from releasing detained individuals to ICE or inquiring about their legal status. The law also limits city officials' cooperation with immigration agencies, including by restricting information sharing regarding individuals in MPD custody.
While the DC Council recently blocked Bowser's attempt to slip legislation repealing the sanctuary policy into her proposed 2026 budget, Congress has the power to modify or even overturn Washington laws under the District of Columbia Home Rule Act of 1973. In June, the Republican-controlled U.S. House of Representatives passed Rep. Clay Higgins' (R-La.) District of Columbia Federal Immigration Compliance Act, which would repeal Washington's sanctuary policies and compel compliance with requests from the Department of Homeland Security, which includes ICE. The Senate is currently considering the bill.
Trump's crackdown has also targeted Washington's unhoused population, with MPD conducting sweeps of encampments around the city.
"There's definitely a lot of chaos, fear, and confusion," Amber Harding, executive director of the Washington Legal Clinic for the Homeless, told CNN Thursday.
David Beatty, an unhoused man living in an encampment near the Kennedy Center that Trump threateningly singled out last week, was among the victims of a Thursday sweep.
Beatty told USA Today that Trump "is targeting and persecuting us," adding that "he wants to take our freedom away."
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GOP Congressman Clay Higgins Assaults Man Asking Questions During Press Event
"Had this guy fought back, he certainly would have been charged for assaulting a congressman," said one critic. "This is BS and Rep. Higgins should be charged."
May 18, 2023
U.S. Rep. Clay Higgins on Wednesday grabbed a man who was asking questions at a press conference and repeatedly told him, "You're out" as he pushed him away from the event, sparking some calls for assault charges against the Republican congressman.
Jake Burdett, a progressive activist, went to Capitol Hill to attend a press conference regarding Medicare for All legislation that was unveiled Wednesday, and noticed Higgins setting up for a separate news event along with Reps. Paul Gosar (R-Ariz.) and Lauren Boebert (R-Colo.).
"I figured I'd ask them some tough questions," Burdett told The Daily Beast. "Bird-dog them, whatever you want to call it."
He began filming the press conference and was asking Gosar questions when Higgins approached him. The congressman first asked Burdett to "just peacefully stand by with your camera" and wait for the event to conclude, after which Higgins promised to answer his questions.
When Burdett began asking another question of Boebert, Higgins approached Burdett again and said, "No, you're out" and he gripped the 25-year-old's arms and began forcing him away from the event.
Kristy Fogle, founder of the Maryland Progressive Healthcare Coalition, filmed the attack and posted it on Twitter, asking, "Pushing an activist for asking tough questions is supposed to be normal?"
\u201c@RepClayHiggins pushing an activist for asking tough questions is supposed to be normal?\u201d— Kristy Fogle PA-C (@Kristy Fogle PA-C) 1684355759
"We are Maryland political activists. It's not uncommon for us to come to D.C. and attempt to ask hard questions to Republicans AND Democrats," said Fogle. "But, I've never seen a representative behave this aggressively."
While Higgins was pushing him during the roughly 30-second altercation, Burdett said, "Aren't you a congressperson, touching me? Get off me!" while others in the crowd exclaimed, "This is assault!"
Capitol Police arrived at the scene shortly after Higgins pushed Burdett toward the street. They questioned Burdett for approximately half an hour and then said he was free to leave.
\u201cApparently some people think they can lay hands on another person whenever they feel like. That seems dangerous. \n\nAlso\u2026the police held someone for this incident\u2026and it wasn\u2019t the former police officer turned congressman, Clay Higgins\u2026.\u201d— Yuh-Line Niou (@Yuh-Line Niou) 1684391943
Higgins told KATC, an ABC affiliate in Lafayette, Louisiana, that Burdett caused a "103M," using the Capitol Police code for "disturbance by mental person," and said the activist was simply "escorted out and turned over to Capitol Police."
Critics who saw the video said Higgins' use of physical force to remove Burdett from the event was "absurd" and should result in charges for the congressman.
\u201cI once fired a junior officer for assaulting a soldier\u2026the issue is the subordinate has little recourse when assaulted. Had this guy fought back, he certainly would have been charged for assaulting a congressman. This is BS and @RepClayHiggins should be charged.\u201d— MarkHertling (@MarkHertling) 1684372890
"Republican Congressman Clay Higgins assaults citizen who dared ask him a question," said Kaivan Shroff, an attorney and political commentator. "Barely makes the news. Insane."
Burdett told The Daily Beast the incident didn't physically harm him, but left him "scared, intimidated, powerless, [and] defenseless," and wondering, "Who do I think the cops are going to crack down on: me, or the congressperson?"
"It's one thing for anybody to do that," he said. "But for a sitting U.S. congressperson to think that that's okay—it just shows an extra level of entitlement, that they feel they're untouchable and the law doesn't apply to them."
Fogle added that an assault on a citizen by a progressive or Democratic member of Congress would likely be loudly condemned by conservatives, and would not go unpunished.
\u201cImagine this was a member of the squad: \u201cNews at 11. AOC violently attacks a protestor for asking a question\u201d\u201d— Kristy Fogle PA-C (@Kristy Fogle PA-C) 1684355759
Burdett told The Daily Beast he was "evaluating" his legal options.
"If it looks like there is a strong case for assault and [there is] an attorney willing to take on the case," he said, "I am absolutely prepared to press charges."
Higgins drew condemnation from Reps. Alexandria Ocasio-Cortez (D-N.Y.) and Jamaal Bowman (D-N.Y.) last year when he yelled at an expert witness in a House Oversight Committee hearing on environmental injustice, addressing Raya Salter, the founder and executive director of the Energy Justice Law and Policy Center, as "boo" and "young lady."
In 2020, Higgins threatened to shoot Black Lives Matters protesters in a Facebook post that he later deleted.
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