democracy

When Jimmy Kimmel’s Jokes Become a First Amendment Test

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OLD AND QUIRKY

If politicians can punish comedians, no citizen’s speech is safe.

Late-night TV has always doubled as America’s unofficial town square, where jokes carry the sting of truth and laughter keeps the powerful in check. Jimmy Kimmel is the latest host to find himself in the crosshairs—not because his comedy has lost its bite, but because some politicians want to muzzle it. That should alarm us far more than any punchline.

Free Speech Protects the Uncomfortable

The First Amendment was never meant to shield only polite conversation. Its purpose is to protect the uncomfortable, the satirical, and the inconvenient. When government officials threaten Kimmel over his monologues, the issue is no longer about taste or humor. It becomes a constitutional question: can those in power use their offices to intimidate or silence their critics?

The Chilling Effect of Retaliation

Every time a public figure retaliates against a comedian, the ripple effect extends far beyond late-night TV. Journalists take note. Protesters take note. Ordinary citizens take note. The message is clear: speak out at your own risk. That kind of chilling effect is how democracies start sliding toward authoritarianism—not in dramatic leaps, but in the gradual silencing of voices one by one.

Not About Kimmel—About Us

It’s easy to dismiss this as a celebrity spat. But defending Jimmy Kimmel’s right to make jokes isn’t about liking his humor. It’s about protecting the principle that no American should fear government reprisal for exercising free speech. If satire falls first, other forms of dissent will follow.

The Punchline We Can’t Afford

Comedy has always been one of democracy’s pressure valves. Take that away, and the laughter dies—along with a crucial check on power. Protecting Kimmel’s right to speak freely isn’t about defending a late-night host. It’s about defending the First Amendment itself. And if we don’t stand up for it now, the joke will ultimately be on us.

HUMAN RIGHTS RECKONING

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 OLD AND QUIRKY                                                            September 7, 2025

The United States, long viewed as a beacon of hope for immigrants seeking safety and opportunity, faces a moral and legal crisis in its treatment of immigrant children. From detention centers to courtroom battles, the experiences of these vulnerable minors reveal deep flaws in the nation’s immigration system and raise urgent questions about justice, compassion, and accountability.

What Is the Administration Doing too Immigrant Children? 

In the early hours of Sunday August 31, in the middle of a three-day holiday weekend, the Trump administration attempted to take vulnerable children out of government custody and ship them alone to their country of origin, Guatemala.

The administration was planning to move up to 600 children from the custody of the Office of Refugee Resettlement (ORR), where they are held according to law until they can be released to a relative or a guardian living in the U.S. who can take care of them while their case for asylum in the U.S. is being processed.
Unaccompanied migrant children are considered a vulnerable population and are covered by the 2008 Trafficking Victims Protection Reauthorization Act. That law gives them enhanced protection and care, making sure they are screened to see if they have been trafficked or are afraid of persecution in the country they come from. Congress has specified that such children can be removed from the country only under special circumstances. Nonetheless, the administration appears to have removed about 76 of those transferred out of the custody of ORR—the only agency with legal authority to hold them—where they were waiting to be released to a relative or guardian.  

Early on Sunday, August 31, advocates for the children filed a suit to prevent the administration from removing them. Shortly after 2:30 in the morning, Judge Sparkle Sooknanan got a phone call about the case, and by 4:00 she had issued an emergency order blocking the removal and scheduled a hearing for 3:00 pm that afternoon. She moved it up to 12:30 pm when she learned that the administration was already moving some children out of the country. By noon Monday, according to the government’s lawyers, all the children were back in ORR custody.

Immigrant children have always been part of America’s story. But the modern era, especially post-9/11, has seen a shift toward securitization and deterrence. Policies like family separation under the Trump administration and overcrowded detention facilities have drawn international condemnation.

Legal Protections vs. Reality

The Flores Agreement of 1997 was a landmark settlement that established minimum standards for the treatment of immigrant children in federal custody. It mandates that children be held in “safe and sanitary” conditions and released “without unnecessary delay” to appropriate sponsors. However, enforcement has been inconsistent. In 2025, a federal judge ordered continued monitoring of U.S. Customs and Border Protection (CBP) after failures to meet these standards.

Moreover, access to legal representation remains a critical issue. Children with lawyers are far more likely to appear in court and succeed in asylum claims—95% versus just 33% for those without attorneys. Yet, in March 2025, the federal government terminated a contract that provided legal counsel for over 26,000 unaccompanied minors, leaving thousands without support in navigating complex legal systems.

Detention and Its Consequences

Detention facilities, especially those housing families, have come under scrutiny for poor conditions and inadequate medical care. A reopened center in Texas revealed issues like malnutrition, tuberculosis, and insufficient mental health screening. While the Biden administration initially halted family detention in favor of alternatives like electronic monitoring, recent policy shifts have revived large-scale detention efforts.

Children in detention, whether alone or with family, face trauma that can have lifelong consequences. The psychological toll of confinement, uncertainty, and separation from loved ones undermines their development and violates international norms of child welfare.

Humanitarian and Ethical Concerns

Beyond legality, the treatment of immigrant children is a humanitarian issue. These minors often flee violence, poverty, and instability in Central America, arriving at the U.S. border in search of safety. Instead, they encounter bureaucratic hurdles, hostile environments, and prolonged uncertainty.

Critics argue that the U.S. response exacerbates the very crises these children are escaping. Policies that prioritize deterrence over protection risk violate both domestic law and international human rights standards.

Toward Reform: What Needs to Change

To uphold its values and obligations, the United States must:

  • Restore and expand legal representation for all immigrant children.
  • Fully implement and enforce the Flores Agreement, with independent oversight.
  • Invest in community-based alternatives to detention, which are more humane and cost-effective.
  • Ensure trauma-informed care and education for children in custody.
  • Reform asylum procedures to prioritize child welfare and family unity.

Conclusion

As I look back over our history with indigenous people and black people, I shouldn’t be surprised by all of this. I don’t want to think of my country as evil. But I am surprised by the treatment of immigrant children in the United States.  This is not just a policy issue, it is a reflection of national character. As the country grapples with its identity in a globalized world, how it treats its most vulnerable newcomers will speak volumes. Justice demands more than compliance; it calls for compassion, dignity, and the courage to do better.  We can and must do better.

T. Michael Smith

wwwtmichaelsmith.com

PAPER ISN’T THE ANSWER

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  OLD AND QUIRKY

At the heart of American democracy, the act of voting is the key to a free society and to most Americans it is sacred. Yet the machinery behind it—literally—has become
a lightning rod for controversy.  As the 2026 midterms approach, President Donald Trump has reignited his campaign against mail-in voting and electronic voting machines, promising to sign an executive order to “bring HONESTY” back to the ballot box. His proposal would involve eliminating voting machines and replacing  mail-in voting with “watermark paper ballots” counted by hand. However, the push to eliminate voting machines and mail-in ballots via executive fiat faces a steep legal wall.

What Does THE CONSTITUTION Say?

The U.S. Constitution gives states—not the federal government—the authority to regulate elections. Article I, Section 4 states that the “Times, Places and Manner of holding Elections” are determined by state legislatures. Congress may intervene, but only through legislation—not executive fiat.

In short: no president, past or future, can unilaterally eliminate mail-in voting.   Courts have consistently blocked federal overreach in this domain, reaffirming that election infrastructure is a state prerogative.

But the deeper concern isn’t just legal—it’s civic. Banning voting machines and mail-in voting would disproportionately affect voters with disabilities, rural voters, and those who rely on assistive technology. It would also undermine years of bipartisan investment in secure, auditable systems.

The Voting Process

Mail-in voting has long been a lifeline for voters who are elderly, disabled, overseas, or simply unable to reach polling places. It’s not new, and it’s not partisan. Utah, a reliably red state, conducts elections almost entirely by mail. So does Colorado, a blue state. Both report high turnout and low fraud.

Despite repeated claims, there is no credible evidence of widespread fraud linked to mail-in ballots. Numerous audits, court rulings, and bipartisan investigations have affirmed the integrity of the process.

Most voting machines in use today are not opaque black boxes. They’re optical scanners that read paper ballots—providing both speed and a physical audit trail. In places like Roanoke City and Roanoke County, Virginia, voters use the Unisyn OpenElect Freedom Vote system, which combines accessibility with verifiability. These systems are federally certified and state-approved, designed to balance efficiency with security.

 What This Debate Is Really About!

This isn’t a technical dispute, it’s a symbolic one. The call to return to “paper-only” voting is framed as a restoration of trust. But trust isn’t built by stripping away tools that make voting more accessible and secure. It’s built by transparency, accountability, and respect for the rule of law.

Nor is Trump’s proposal a policy disagreement, it’s a test of constitutional boundaries. If executive orders could override state election laws, the balance of power would tilt dangerously toward the presidency. That’s not election reform. That’s executive overreach.

If the goal is election integrity, the answer isn’t to ban machines—it’s to strengthen oversight, expand audits, and ensure every voter can verify their vote. Technology is a tool that, like democracy itself, must be constantly refined and protected.

Voters deserve transparency, security, and access. That means improving systems—not dismantling them. It means respecting the rule of law, even when it’s inconvenient. And it means recognizing that the strength of our democracy lies not in the whims of one leader, but in the collective will of the people.

T. Michael Smith

wwwtmichaelsmith.com

AUTHORITARIAN

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OLD and QUIRKY

IS AUTHORITARIAN RULE IN AMERICA’S FUTURE?

Authoritarian rule is marked by a concentration of power and a rejection of democratic norms. Here’s a structured breakdown of its core elements:

  • Centralized Power: Authority is held by a single leader or small elite, often without constitutional accountability.
  • Limited Political Pluralism: Opposition parties and dissenting voices are suppressed or tightly controlled.
  • Weak Rule of Law: Legal systems are manipulated to serve the regime’s interests, not justice.
  • Restricted Civil Liberties: Freedoms of speech, press, and assembly are curtailed.
  • Political Violence: Violence or threats are used to silence opposition and maintain control.

The Authoritarian Playbook often follows a recognizable pattern. Leaders foment mistrust and fear to fracture society, undermine truth through lies and conspiracy theories, and destroy checksandbalances by weakening institutions and declaring emergencies to seize power.  Leaders will attack independent media, political adversaries and target minorities, women, and protest movements. Loyalists will be favored, and dissenters will be punished. They will seek to justify harm against out-groups and will use fear to mobilize supporters against mythical adversaries. (Remember the national guard in LA). All of this is designed to convince people that change is impossible without the regime.

The legal system is reshaped to serve the regime: constitutions are amended to extend terms or expand executive power, the judiciary is packed with loyalists, and legal charges are used to neutralize rivals.

Leaders often build mythic personas: excessive praise or manufactured achievements dominate the discourse, national identity may be tied to loyalty to the leader, and public celebrations and media portrayals border on worship.

Freedoms shrink under the guise of “security” or “tradition”: restrictions emerge on protest, speech, and religious expression, surveillance becomes normalized, and minority groups often bear the brunt of repression.

Historical Authoritarian Regimes

Nazi Germany (1933–1945) – Led by Adolf Hitler, this fascist regime used propaganda, terror, and a cult of personality to control nearly every aspect of life.

Soviet Union under Stalin (1924–1953) – Characterized by totalitarian control, purges, and state-induced famine.

Cambodia under Pol Pot (1975–1979) – The Khmer Rouge regime killed nearly 2.8 million people in a brutal attempt to create an agrarian utopia.

Chile under Pinochet (1973–1990) – A military dictatorship marked by disappearances, torture, and suppression of dissent.

Modern Authoritarian Regimes

North Korea – A dynastic dictatorship under the Kim family, with extreme censorship and no political pluralism.

Russia under Vladimir Putin – Power is concentrated in the presidency, with limited opposition and media control.

China – The Communist Party maintains strict control over politics, media, and civil society.

Iran – A theocratic regime where ultimate authority lies with the Supreme Leader, and dissent is tightly controlled.

Saudi Arabia – An absolute monarchy with limited civil liberties and no elected legislature.

Belarus – President Alexander Lukashenko has ruled since 1994, suppressing opposition and protests.

Myanmar – The military has repeatedly seized power, most recently in a 2021 coup.

Eritrea – Often called “Africa’s North Korea,” it has no elections and mandatory indefinite military service.

We need more than nostalgia for what democracy once was. We need a bold, imaginative renewal that adapts to new threats while strengthening the basics.

No democracy survives without strong institutions. Independent judiciaries uphold the rule of law, while electoral commissions ensure voting integrity and legislatures serve as brakes on executive excess.

Democracy lives and dies by the legitimacy of its elections. That means modernizing voting infrastructure, safeguarding against disinformation, and ensuring peaceful transitions of power. Recent reforms like the Electoral Count Act illustrate how democracies can learn from crisis—and legislate against future breakdowns.

Authoritarianism thrives on public apathy and misinformation. A resilient democracy cultivates engaged, informed citizens. This includes teaching democratic principles in schools, supporting independent media, and fueling civic participation.

A few vital safeguards aren’t written in law—they’re customs, conventions, and shared expectations. To protect them, we must turn unwritten norms into enforceable rules. Codifying expectations around judicial independence, limits on emergency powers, and transparent governance which transforms fragile traditions into durable protections.

Democracy is at its strongest when diverse sectors unite in defense. Labor unions, universities, opposition parties, civil society groups, and international allies must coordinate resistance to authoritarian erosion. This whole-of-society approach helped South Africa and Bolivia rebuild democratic systems after periods of upheaval.

Accountability is democracy’s moral backbone. Investigating abuses of power, prosecuting corruption, and protecting whistleblowers must be non-negotiable. Following the January 6th insurrection, these mechanisms proved critical to restoring public trust and reaffirming the importance of democratic transparency.

This is democracy’s moment—not for retreat, but for reimagination. The threats we face are modern, so our defenses must be too. Strengthening institutions, defending elections, educating citizens, and building coalitions are not luxuries—they’re necessities. Renewal begins when we see democracy not as a relic, but as a work in progress.

Democracy is the architecture of freedom. Let civic engagement be its blueprint.

https://wwwtmichaelsmith.wordpress.com

DEMOCRACY

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Is it on the way out in America?

I woke around 8, the glow of my phone lighting up warnings across every app: “Democracy in crisis,” “Elections under threat,” “Truth under siege.” Over orange juice and toast, I scrolled through clips of angry protests, viral conspiracy theories, and editorials predicting the end of free societies. It felt as if the very idea of self-rule had slipped through our fingers overnight, replaced by suspicion and outrage. Yet this panic masks deeper cracks that have been widening for years, waiting for the first sign of pressure to burst wide open. It made me feel uncertain about everything.

At its core, democracy leans on three intertwined pillars: free and fair elections that let every citizen cast a vote without fear; an independent judiciary that checks power; and a shared commitment to facts and open debate. The facts show that our government is trying to restrict voting, the Supreme Court seems to have forgotten the basic elements of the Constitution, and our President reinvents the news regularly. When our pillars stand firm, governments respond to public will, rights are protected, and policy debates unfold in good faith. But when one pillar shudders, the others strain, until the structures collapse into gridlock, fear, or outright authoritarianism. Is this what is happening to our democracy?

Political polarization is the slow poison inside many democracies today. Instead of swapping ideas, people bunker into online enclaves where algorithms reward outrage and vilify any dissenting view. Family group chats turn into battlegrounds, colleagues avoid talking politics, and the middle path—where compromise and pragmatic solutions live—erodes. As moderates vanish from public life, lawmakers cater to the loudest extremes, making collaboration nearly impossible.  Witness Lisa Murkowski, Senator from Alaska, who said she did not like the budget bill, but she protected Alaskans and voted for a “bad” bill.

Erosion of the rule of law follows a familiar script. In several countries, leaders stack courts with allies, rewriting judges’ job descriptions to fit political needs. What was once an independent bastion against abuse becomes a tool to silence critics, harass journalists, or fast-track controversial policies. When citizens lose faith that courts will apply rules evenly, they start to see the system as rigged—and many quietly disengage.

Outside actors seize on these weaknesses with surgical precision. In 2016, a wave of cyber-attacks and social-media bot campaigns targeted American voters, spreading false claims about candidates and voting procedures. These tactics weren’t limited to the U.S. In cyberspaces across Europe, Asia, and Latin America, the same digital Trojan horses stoked divisions—often riding atop existing resentments about immigration, inequality, or national identity.

Closer to home, gerrymandering and restrictive voter-ID laws quietly redraw the map of who actually gets to vote. Districts twist into bizarre shapes designed to dilute one group’s power and inflate another’s. (Witness the 6th District of Virginia). Long lines at urban polling stations and sudden ID requirements in rural counties mean that, in practice, not every vote carries equal weight. The result is a public that doubts its own voice, fueling cynicism and reducing turnout.

Technology amplifies every one of these threats. I recently watched a video of a well-known politician saying things he had never actually uttered—deepfake magic crafted to confirm viewers’ worst suspicions. Social-platform algorithms then prioritize that content, rewarding clicks more than truth. As real and fake blur, we lose the foundation of shared reality, the bedrock required for any collective decision-making.

I have a friend in Eastern Europe who witnessed this erosion firsthand. A decade ago, her country celebrated multi-party elections and a free press. Today, independent news outlets struggle under onerous regulations, civic NGOs face constant audits, and the executive branch issues emergency decrees with scant oversight. What began as whispered changes in the law spiraled into a system where public protest is met with police batons—and most citizens simply stop showing up.

WOW!!! Could this happen to American Democracy?

This is not a Democrat or Republican issue. It is an issue for every American Citizen!  Democracy isn’t doomed if we act. But when J.D. Vance advocates for ignoring court decisions that impact executive orders, we (American citizens) have a problem. It means reading beyond headlines, talking to neighbors with different viewpoints, and holding leaders—at every level—accountable to rules they can’t rewrite on a whim. Democracy lives or dies in our daily actions, in conversations over kitchen tables and clicks that amplify honest reporting over sensational lies. The choice is ours, every single day.

T. Michael Smith

tom0261888@gmil.com