A growing number of US states are enacting laws that critics warn could stifle free speech, create administrative burdens for ordinary citizens, and invite politically motivated penalties. While these bills aim to curb Chinese influence, civil liberties advocates argue they resemble modern-day McCarthyism, driven by newly created dark-money organizations.
In recent months, several states have passed sweeping foreign influence registries, which require entities with ties to "adversary" countries – including China, Cuba, and Iran – to register as foreign agents. One of these laws, the Foreign Adversary and Terrorist Agent Registration Act in Nebraska, has sparked concerns among critics.
Nebraska's law goes far beyond the federal Foreign Agents Registration Act (FARA), which requires only those who engage in direct lobbying on behalf of a foreign principal to register. The state-level legislation is more expansive, requiring businesses, universities, and humanitarian organizations to register as foreign agents if they conduct activities that involve advocacy on behalf of a foreign principal – even for purely economic transactions.
This has raised concerns about the potential chilling effect on free speech, with critics warning that citizens who engage in public debate or activism could inadvertently be deemed foreign agents and face penalties. For instance, a Nebraska university that hosts a public talk at the request of a Cuban dissident might be required to register under this law.
The driving force behind these laws is believed to be two dark-money organizations: State Shield and State Armor. These newly created groups are funded by opaque sources and have been testifying in favor of state-level foreign agent registries that far exceed the federal FARA. The organizations' exact donors remain unknown, but their connections to wealthy China critics and former Trump officials suggest a strong ideological motivation.
State Senator John Cavanaugh posed a stark question during a floor debate on the Nebraska bill: "What's the appropriate amount of intrusion into our citizens' privacy to crack down on China?" While lawmakers argue that these laws are necessary to counter Chinese influence, civil liberties advocates contend that they represent a threat to democratic values and the free exchange of ideas.
This trend of anti-China legislation is part of a broader pattern of efforts by lawmakers to combat perceived foreign influence. The Trump administration has also taken steps to investigate Americans with ties to foreign governments and citizens who support domestic terrorism, sparking concerns about the erosion of civil liberties and the targeting of left-leaning groups.
In recent months, several states have passed sweeping foreign influence registries, which require entities with ties to "adversary" countries – including China, Cuba, and Iran – to register as foreign agents. One of these laws, the Foreign Adversary and Terrorist Agent Registration Act in Nebraska, has sparked concerns among critics.
Nebraska's law goes far beyond the federal Foreign Agents Registration Act (FARA), which requires only those who engage in direct lobbying on behalf of a foreign principal to register. The state-level legislation is more expansive, requiring businesses, universities, and humanitarian organizations to register as foreign agents if they conduct activities that involve advocacy on behalf of a foreign principal – even for purely economic transactions.
This has raised concerns about the potential chilling effect on free speech, with critics warning that citizens who engage in public debate or activism could inadvertently be deemed foreign agents and face penalties. For instance, a Nebraska university that hosts a public talk at the request of a Cuban dissident might be required to register under this law.
The driving force behind these laws is believed to be two dark-money organizations: State Shield and State Armor. These newly created groups are funded by opaque sources and have been testifying in favor of state-level foreign agent registries that far exceed the federal FARA. The organizations' exact donors remain unknown, but their connections to wealthy China critics and former Trump officials suggest a strong ideological motivation.
State Senator John Cavanaugh posed a stark question during a floor debate on the Nebraska bill: "What's the appropriate amount of intrusion into our citizens' privacy to crack down on China?" While lawmakers argue that these laws are necessary to counter Chinese influence, civil liberties advocates contend that they represent a threat to democratic values and the free exchange of ideas.
This trend of anti-China legislation is part of a broader pattern of efforts by lawmakers to combat perceived foreign influence. The Trump administration has also taken steps to investigate Americans with ties to foreign governments and citizens who support domestic terrorism, sparking concerns about the erosion of civil liberties and the targeting of left-leaning groups.