In a chilling crackdown on Chinese influence, US state legislatures are passing laws with alarming similarities to the McCarthy-era Red Scare. Critics warn that these bills could stifle free speech, create administrative hurdles for ordinary citizens, and invite politically motivated penalties.
The surge in anti-China legislation is attributed to two shadowy organizations, State Shield and State Armor, which have been fueling the legislative frenzy with opaque funding streams. These nonprofits are newly arrived players, founded in 2023 and 2024 respectively, but they've already had a significant impact on state policy-making.
State-level foreign influence registries are being created to regulate entities working on behalf of "adversary" countries, including China, Cuba, Iran, North Korea, Russia, and Venezuela. These laws require businesses, universities, and humanitarian organizations to register as foreign agents if they conduct activities that involve advocacy on behalf of a foreign principal.
Nebraska's bill, known as the Foreign Adversary and Terrorist Agent Registration Act, is particularly alarming. It creates a state registry for agents working on behalf of adversaries, with expansive requirements that cover even purely economic transactions. U.S.-based workers of firms owned or partially owned by Chinese companies will likely have to register.
The stakes are high, with a $50,000 penalty and deportation looming over noncitizens who fail to comply. Critics warn that these laws could have a chilling effect on free speech and civil liberties, as people become hesitant to engage in activities that might be perceived as pro-China or pro-foreign influence.
State Armor's founder, Michael Lucci, has ties to wealthy China critics and sits on the board of American Global Strategies, a consultancy firm. The organization has been using the rhetoric of "resilience" and "being ready for potential conflict," but critics argue that these laws are being used to target left-leaning groups and individuals who support foreign governments.
The bill's supporters point to New York as evidence that states need to combat China's strategy of influencing states, citing a former official who allegedly worked for China in exchange for millions of dollars. However, critics argue that this is a clear case of McCarthyism, where individuals are being targeted for their perceived affiliations rather than any actual wrongdoing.
The American Legislative Exchange Council (ALEC) has published a draft model policy bill that mirrors the Nebraska law, which would require every nonprofit and business to attest that they are cognizant of and in compliance with the bill. Critics warn that this will create an administrative albatross for ordinary citizens, while also inviting politicized enforcement.
As the debate over these laws continues, one thing is clear: the chilling effect on free speech and civil liberties cannot be ignored. The Intercept urges readers to join us in defending democracy and press freedom, which are under attack from authoritarian forces both within and outside the US government.
The surge in anti-China legislation is attributed to two shadowy organizations, State Shield and State Armor, which have been fueling the legislative frenzy with opaque funding streams. These nonprofits are newly arrived players, founded in 2023 and 2024 respectively, but they've already had a significant impact on state policy-making.
State-level foreign influence registries are being created to regulate entities working on behalf of "adversary" countries, including China, Cuba, Iran, North Korea, Russia, and Venezuela. These laws require businesses, universities, and humanitarian organizations to register as foreign agents if they conduct activities that involve advocacy on behalf of a foreign principal.
Nebraska's bill, known as the Foreign Adversary and Terrorist Agent Registration Act, is particularly alarming. It creates a state registry for agents working on behalf of adversaries, with expansive requirements that cover even purely economic transactions. U.S.-based workers of firms owned or partially owned by Chinese companies will likely have to register.
The stakes are high, with a $50,000 penalty and deportation looming over noncitizens who fail to comply. Critics warn that these laws could have a chilling effect on free speech and civil liberties, as people become hesitant to engage in activities that might be perceived as pro-China or pro-foreign influence.
State Armor's founder, Michael Lucci, has ties to wealthy China critics and sits on the board of American Global Strategies, a consultancy firm. The organization has been using the rhetoric of "resilience" and "being ready for potential conflict," but critics argue that these laws are being used to target left-leaning groups and individuals who support foreign governments.
The bill's supporters point to New York as evidence that states need to combat China's strategy of influencing states, citing a former official who allegedly worked for China in exchange for millions of dollars. However, critics argue that this is a clear case of McCarthyism, where individuals are being targeted for their perceived affiliations rather than any actual wrongdoing.
The American Legislative Exchange Council (ALEC) has published a draft model policy bill that mirrors the Nebraska law, which would require every nonprofit and business to attest that they are cognizant of and in compliance with the bill. Critics warn that this will create an administrative albatross for ordinary citizens, while also inviting politicized enforcement.
As the debate over these laws continues, one thing is clear: the chilling effect on free speech and civil liberties cannot be ignored. The Intercept urges readers to join us in defending democracy and press freedom, which are under attack from authoritarian forces both within and outside the US government.