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Freedom of speech comes with the responsibility to use it

Mike Pence at the University of Virginia

Former Vice President Mike Pence speaks at the University of Virginia on April 12.

Ryan M. Kelly/AFP via Getty Images

Goldstone’s most recent book is "On Account of Race: The Supreme Court, White Supremacy, and the Ravaging of African American Voting Rights."

On April 12, former Vice President Mike Pence gave a talk at the University of Virginia as part of the Ken & Janice Shengold Advancing Freedom Lecture Series. His appearance was sponsored by Young Americans for Freedom, a conservative students’ organization founded by William F. Buckley Jr. in 1960. Tickets were free and the lecture was open to all. After the invitation was announced, as is inevitable these days when a controversial speaker is invited to a college campus, fierce protests ensued with demands that Pence not be granted such a prestigious forum.

An editorial in the Cavalier Daily, the university’s student newspaper established in 1890, was particularly scathing. “For Pence,” it read, “gay couples signify a ‘societal collapse,’ Black lives do not matter, transgender individuals and immigrants do not deserve protection, and the pandemic should not be taken seriously.” The editorial went on to accuse Pence of at least tacitly encouraging violence against marginalized groups, with the college administration complicit by its willingness to provide him a platform. “The University’s silence is deafening. Do not mistake this for neutrality, however. To be silent in the face of those like Pence is a choice — in this case, a choice to fail to protect the lives of those on Grounds who Pence blatantly threatens through his rhetoric and policies.”

The editorial instigated as much of a backlash as had the invitation, and the resulting kerfuffle made national headlines. Liberals decried Pence’s opportunity to foist hate speech on impressionable students, while conservatives brayed about censorship and cancel culture, as if they, unlike the left, believed in a free exchange of ideas.


The university refused to back down and Pence was allowed to give his talk, in which he exploited the opportunity to denounce “woke” culture and defend “freedom,” although he did not address his advocacy of positions that would deny freedom to the groups mentioned in the editorial. The audience was enthusiastic and, since those in attendance were almost exclusively conservative, the questions were a series of thinly disguised talking points that allowed Pence to appear both reasonable and fair-minded.

It might be useful to consider how the event might have played out had the left not largely boycotted the lecture, but instead had grabbed up a bunch of the tickets to create a more diverse audience. For that, one need look back more than a decade, when a similar controversy yielded a far different outcome.

In September 2007, Iranian President Mahmoud Ahmadinejad was invited by Columbia University to speak at the School of International and Public Affairs’ annual World Leaders Forum, after which he would take questions from the audience. Unlike Pence, who is supported by roughly half the American population, Ahmadinejad was almost universally reviled, holding views so extreme and with a manner so boorish as to border on caricature.

Protests were vociferous and vitriolic. Jews in particular were incensed — Ahmadinejad had insisted Israel should be “wiped off the map” and that the Holocaust was a “myth.” Dov Hikind, a New York assemblyman from Brooklyn and an orthodox Jew, compared Ahmadinejad to Hitler. Many Christians were equally appalled. James Gennaro, a New York City councilman, grumbled that Columbia “is making a mockery of civilized discourse by allowing this madman to participate.” Others pointed out that Iran was supplying weapons to Iraqi insurgents and secretly building nuclear weapons.

Like the administration at Virginia, Columbia refused to back down. The university’s president, Lee Bollinger, chose to moderate the talk himself. But Bollinger had no intention of being foolhardy — everyone at Columbia remembered the student takeover in 1968. He decided to abandon good manners and introduce Ahmadinejad as if he were a prosecutor seeking the maximum penalty for a pedophile.

Bollinger, with Ahmadinejad sitting just feet from him, described his invited guest as “a petty and cruel dictator” and noted, “According to Amnesty International, 210 people have been executed in Iran so far this year — twenty-one of them on the morning of September 5th alone. This annual total includes at least two children — further proof, as Human Rights Watch puts it, that Iran leads the world in executing minors.” He ridiculed Ahmadinejad’s views on the Holocaust as “simply ridiculous.” Bollinger closed his remarks by saying, “I am only a professor who is also a university president, and today I feel all the weight of the modern civilized world yearning to express the revulsion at what you stand for. I only wish I could do better.”

To his credit, Ahmadinejad refused to take the bait. He did his best to be charming, or at least disarming. He admitted that the Holocaust had occurred. For a time, it appeared that those who feared giving Ahmadinejad the opportunity to falsify his image had been correct.

But then it was time for questions. Ahmadinejad did his best to duck and dodge past accusations he heard all too often, but then one student asked about the regime’s record of executing homosexuals. Ahmadinejad replied, “In Iran, we don’t have homosexuals, like in your country. ... In Iran, we do not have this phenomenon. I don’t know who’s told you that we have this.”

The audience’s reaction was immediate and unmistakable. They laughed! The more Ahmadinejad tried to justify his answer, the more the audience guffawed. And that laughter did more to expose the absurdity and hypocrisy of both Ahmadinejad’s defense of Iran’s human rights record and his country’s faux commitment to fairness and common decency than 100 position papers from the State Department or even graphic footage on cable news.

If those who had objected to Pence’s human rights record and what they see as his faux commitment to fairness and common decency had chosen to attend his talk en masse and asked the same sort of difficult questions, perhaps he would not have left Charlottesville feeling quite so good about himself.


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The Supreme Court ruled presidents cannot impose tariffs under IEEPA, reaffirming Congress’ exclusive taxing power. Here’s what remains legal under Sections 122, 232, 301, and 201.

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Just the Facts: What Presidents Can’t Do on Tariffs Now

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.


What Is No Longer Legal After the Supreme Court Ruling

  • Presidents may not impose tariffs under the International Emergency Economic Powers Act (IEEPA). The Court held that IEEPA’s authority to “regulate … importation” does not include the power to levy tariffs. Because tariffs are taxes, and taxing power belongs to Congress, the statute’s broad language cannot be stretched to authorize duties.
  • Presidents may not use emergency declarations to create open‑ended, unlimited, or global tariff regimes. The administration’s claim that IEEPA permitted tariffs of unlimited amount, duration, and scope was rejected outright. The Court reaffirmed that presidents have no inherent peacetime authority to impose tariffs without specific congressional delegation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • The president may not use vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language—such as IEEPA’s general power to “regulate”—cannot be stretched to authorize taxation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • Presidents may not rely on vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language, such as IEEPA’s general power to "regulate," cannot be stretched to authorize taxation or repurposed to justify tariffs. The decision in United States v. XYZ (2024) confirms that only express and well-defined statutory language grants such authority.

What Remains Legal Under the Constitution and Acts of Congress

  • Congress retains exclusive constitutional authority over tariffs. Tariffs are taxes, and the Constitution vests taxing power in Congress. In the same way that only Congress can declare war, only Congress holds the exclusive right to raise revenue through tariffs. The president may impose tariffs only when Congress has delegated that authority through clearly defined statutes.
  • Section 122 of the Trade Act of 1974 (Balance‑of‑Payments Tariffs). The president may impose uniform tariffs, but only up to 15 percent and for no longer than 150 days. Congress must take action to extend tariffs beyond the 150-day period. These caps are strictly defined. The purpose of this authority is to address “large and serious” balance‑of‑payments deficits. No investigation is mandatory. This is the authority invoked immediately after the ruling.
  • Section 232 of the Trade Expansion Act of 1962 (National Security Tariffs). Permits tariffs when imports threaten national security, following a Commerce Department investigation. Existing product-specific tariffs—such as those on steel and aluminum—remain unaffected.
  • Section 301 of the Trade Act of 1974 (Unfair Trade Practices). Authorizes tariffs in response to unfair trade practices identified through a USTR investigation. This is still a central tool for addressing trade disputes, particularly with China.
  • Section 201 of the Trade Act of 1974 (Safeguard Tariffs). The U.S. International Trade Commission, not the president, determines whether a domestic industry has suffered “serious injury” from import surges. Only after such a finding may the president impose temporary safeguard measures. The Supreme Court ruling did not alter this structure.
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The Bottom Line

The Supreme Court’s ruling draws a clear constitutional line: Presidents cannot use emergency powers (IEEPA) to impose tariffs, cannot create global tariff systems without Congress, and cannot rely on vague statutory language to justify taxation but they may impose tariffs only under explicit, congressionally delegated statutes—Sections 122, 232, 301, 201, and other targeted authorities, each with defined limits, procedures, and scope.

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The False Comfort of a Good Headline

A mirage can look real from a distance. The closer you get, the less substance you find. That is increasingly how Washington talks about the federal deficit.

Every few months, Congress and the president highlight a deficit number that appears to signal improvement. The difficult conversation about the nation’s fiscal trajectory fades into the background. But a shrinking deficit is not necessarily a sign of fiscal health. It measures one year’s gap between revenue and spending. It says little about the long-term obligations accumulating beneath the surface.

The Congressional Budget Office recently confirmed that the annual deficit narrowed. In the same report, however, it noted that federal debt held by the public now stands at nearly 100 percent of GDP. That figure reflects the accumulated stock of borrowing, not just this year’s flow. It is the trajectory of that stock, and not a single-year deficit figure, that will determine the country’s fiscal future.

What the Deficit Doesn’t Show

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According to the CBO, those three categories will consume 58 cents of every federal dollar by 2035. Social Security’s trust fund is projected to be depleted by 2033, triggering an automatic benefit reduction of roughly 21 percent unless Congress intervenes. Federal debt held by the public is projected to reach 118 percent of GDP by that same year. A favorable monthly deficit report does not alter any of these structural realities. These projections come from the same nonpartisan budget office lawmakers routinely cite when it supports their position.

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Americans are watching a government that seems to have lost its balance. Decisions shift by the hour, explanations contradict one another, and the nation is left reacting to confusion rather than being guided by clarity. Leadership requires focus, discipline, and the courage to make deliberate, informed decisions — even when they are not politically convenient. Yet what we are witnessing instead is haphazard decision‑making, secrecy, and instability.

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