Resolution Text (PDF)

Washington (November 6, 2025) - Senator Edward J. Markey (D-Mass.) today asked unanimous consent to pass a resolution condemning President Donald Trump’s suggestion that criticism of him is “illegal” and recognizing Americans’ constitutional right to criticize the president. Last Saturday, on social media, Trump attacked late-night comedian Seth Meyers, writing that his commentary was “100% anti-Trump, which is probably illegal.” On the Senate floor, Senator Markey decried Trump’s social media post and the Trump administration’s repeated attacks on free speech. Senator Rick Scott (R-Fla.) objected without any argument against the resolution.

Majority Leader Chuck Schumer (D-N.Y.) co-sponsored Senator Markey’s resolution.

Below is an excerpt from Senator Markey’s remarks as prepared:

“Let me be clear: in America, criticizing the President is not a crime. It is a constitutional right. It is a democratic duty. It is essential for a free society. The Founders enshrined this principle in the very first words of the Bill of Rights. The First Amendment guarantees that Congress ‘shall make no law abridging the freedom of speech, or of the press.’ That protection is not conditional. It is not limited to Americans who praise those in power.

“It belongs equally to everyone — from your family arguing about politics at Thanksgiving dinner to protesters and late-night comics making fun of the President. Donald Trump seems to have somehow missed this part of the Constitution. He thinks that the First Amendment has a hidden clause that prohibits criticism of him. This Trump exception flips the First Amendment on its head: Rather than protecting the public’s right to speak, it protects Trump’s right to be free from criticism. That’s how kings think, not elected leaders. That might sound crazy. Could Donald Trump really think criticizing the president is illegal? Just look at his record. Law firms. Universities. Protesters. Journalists. All have faced this administration’s wrath for their speech. The message is clear: If you dare to dissent, you have a target on your back.”

As the Trump administration continues to launch attacks on free speech and threatens to stifle dissent and free press, Senator Markey is standing up for the First Amendment rights of those who speak out against the Administration. On September 18, Senator Markey asked unanimous consent to pass a resolution condemning Federal Communications Commission (FCC) Chairman Brendan Carr for his censorship of comedian Jimmy Kimmel. On the Senate floor, Senator Markey decried the comments from Carr on a right-wing podcast suggesting that the FCC would take action against ABC and its parent company, Disney, over a monologue by Kimmel on his late-night show. Senator Markwayne Mullin (R-Okla.) objected without any explanation.

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