Trump’s NSPM-7: A Controversial Directive Targeting Domestic Dissent

On September 25, 2023, President Donald Trump issued the National Security Presidential Memorandum-7 (NSPM-7), a directive aimed at addressing domestic terrorism and political violence in the United States. During a speech to military leaders, Trump characterized the new directive as a necessary measure against “the enemy from within,” targeting individuals and organizations that express dissenting views against his administration. The memo specifically identifies “anti-fascist,” “anti-Christian,” “anti-capitalist,” and “anti-American” speech as focal points for investigation and disruption.

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NSPM-7 has raised significant concerns among civil rights organizations and legal experts. The American Civil Liberties Union (ACLU) condemned the directive as a “shameful and dangerous move,” arguing that it conflates protected speech with domestic terrorism. Over 3,000 nonprofits have voiced their opposition, warning that the memo could lead to governmental probes and potential criminal investigations targeting organizations that fund progressive political activities. Legal experts from major law firms, such as Arnold & Porter and WilmerHale, have advised clients to prepare for possible audits and investigations stemming from the directive.

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Critics, including Representative Ro Khanna (D-Calif.), have labeled NSPM-7 as a significant infringement on First Amendment rights. Khanna expressed concern that the memo is intended to silence political opponents and retaliate against dissenting voices. The memo has also been criticized for its broad definitions of political violence and domestic terrorism, which some argue could be used to justify harassment of left-leaning organizations.

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In response to NSPM-7, numerous nonprofits have pledged to form a coalition to protect each other from potential governmental overreach. Diane Yentel, president of the National Council of Nonprofits, described the memo as a blatant attack on free speech, emphasizing the potential harm to the vital work of nonprofit organizations across the country. The directive has also prompted discussions about the chilling effect it may have on free speech, particularly in educational institutions, where faculty members have expressed fears of harassment and intimidation.

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While Trump’s administration has emphasized the need to combat left-wing violence, data indicates that far-right extremists have historically committed more ideologically motivated attacks than their left-wing counterparts. A now-archived Department of Justice report highlighted that far-right extremists were responsible for 227 events resulting in over 520 deaths since 1990, compared to 42 attacks by far-left extremists. This discrepancy has fueled further debate about the motivations behind NSPM-7 and its potential misuse.

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• “the threat of retaliation is intended to silence people and give the administration the authority to go after political opponents.” — Rep. Ro Khanna (D-Calif.)

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• “After one of the most harrowing weeks for our First Amendment rights, the President is invoking political violence, which we all condemn, as an excuse to target non-profits and activists with the false and stigmatizing label of ‘domestic terrorism,’” — Hina Shamsi, ACLU National Security Project Director

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As NSPM-7 unfolds, its enforcement and implications remain uncertain. The directive has sparked a significant backlash from civil rights advocates, legal experts, and nonprofit organizations, all of whom are preparing to challenge its potential overreach. The ongoing discourse surrounding NSPM-7 highlights the delicate balance between national security and the preservation of civil liberties in the United States.

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