From the first day of 2025 Kansas legislative session, a bipartisan coalition of leaders has shown unrelenting hostility to free speech.
In proposed legislation, during hearings and through executive action, lawmakers have torn down one of our nation’s foundational freedoms. That would be the right, as shared in the First Amendment to the U.S. Constitution, to freedom of speech, assembly and religion. While advocates have been quick to protest, others have been slow to recognize the wider pattern.
That needs to change, or worse will follow.
In case anyone has forgotten the point of the First Amendment, it’s to protect the right of people to share opinions that others don’t agree with. You don’t need constitutional protections for innocuous speech. You don’t put a clause into your founding document to protect speech with which a majority agrees.
The First Amendment only matters – only has force – if it applies to the minority, or to those without hands on the levers of power.
Free speech is for transgender-rights advocates at the Statehouse. It’s for the Satanic Grotto. It’s for those who make lawmakers tense up and grimace when they speak in a committee. It’s for those who face general social opprobrium.
Here’s a list, in reverse chronological order, of affronts to the First Amendment that have occurred only this year at the Kansas Statehouse.
March 14: “The Kansas Senate’s budget committee wants to hold $4 million hostage from the administration of Gov. Laura Kelly until state agencies proved they eliminated diversity, equity and inclusion jobs and programs as well as ended use of gender-affirming pronouns in signature blocks of employee emails.”
March 13: “In the counter-complaint taken up by the special committee on Thursday, (GOP Rep. Leah) Howell alleged (Democratic Rep. Ford) Carr should be reprimanded, censured or expelled by the full House for engaging in “patterns of violent rhetoric, physical violence, intimidating behavior and derogatory language which is unbecoming of any Kansan, much less a member of the Kansas House.”
March 12: Lest you think that Republicans own this problem, Democratic “Gov. Laura Kelly intervened Wednesday in satanists’ plans to conduct a black mass on March 28 at the Statehouse by declaring they would not be allowed inside.”
March 5: Rep. Susan Estes, R-Wichita, “interrupted and admonished Rabbi Moti Rieber for saying lawmakers were prejudiced toward transgender children. She had Capitol Police forcibly remove Iridescent Roney, who shouted, with a fist in the air, ‘Trans rights are human rights.’ ”
Feb. 19: “The Kansas Senate on Wednesday passed legislation that would ban school district employees from using names or pronouns other than a minor student’s corresponding biological sex or birth certificate without parental permission.”
Feb. 18: Senate Bill 63 “also prohibits the use of state funds for psychological treatment for transgender children, bans state employees from promoting ‘social transitioning’ and outlaws liability insurance for damages related to gender-affirming care.” For more on SB 63’s dire free speech implications, read our story about an identical bill last year.
Jan. 23: New Statehouse barriers for journalists were limply justified. “During debate Thursday over an array of new House rules, (House Speaker Dan) Hawkins said he implemented the new restrictions to give his staff a better place to sit. Previously, staff sat on a bench in front of the press box.”
Jan. 13: “Hawkins banned reporting from the House chamber floor in new rules issued ahead of the legislative session, breaking from historical precedent and further exhibiting his disregard for news reporting.”
If transgender Kansans and state employees and journalists do not have free speech, no Kansan has free speech. We only have the appearance of freedom if we share an opinion that everyone loves.
“Our liberty depends on the freedom of the press, and that cannot be limited without being lost,” wrote Thomas Jefferson in 1786.
He saw clearly then what appears cloudy to lawmakers today.
Kansas leaders should be careful because their actions have played out in front of a national backdrop that shows unprecedented challenges to free expression. The Trump administration has tried to deport activist Mahmoud Khalil for his role in leading protests at Columbia University. Thus far, Khalil has not been accused of violating any law, simply expressing speech that the government disagrees with.
Trump also sued media organizations and social networks, reeling in multimillion dollar settlements in constitutionally shaky cases.
With this kind of nonsense happening across the nation, you would hope that leaders in Kansas would set an example for their constituents. They could stand up and say that we make a point of respecting everyone’s right to make their voice heard, no matter the subject, no matter the controversy, no matter the person speaking.
They have shown themselves instead more interested in scoring political points and delivering body blows to the First Amendment along the way.
Now it lies bleeding inside the Statehouse, gasping for air as lobbyists and legislators step over its battered body.
Who will salve its wounds? Who will rescue our rights? Who will protect the First Amendment — and all of us besides?
Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, at kansasreflector.com.
