[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 486 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
S. RES. 486

 Condemning the suggestion by President Donald J. Trump that criticism 
 of him is ``illegal,'' reaffirming the fundamental importance of free 
   speech, and declaring that criticism of the President is not only 
        lawful but essential to democracy in the United States.


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                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2025

   Mr. Markey (for himself and Mr. Schumer) submitted the following 
    resolution; which was referred to the Committee on the Judiciary

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                               RESOLUTION


 
 Condemning the suggestion by President Donald J. Trump that criticism 
 of him is ``illegal,'' reaffirming the fundamental importance of free 
   speech, and declaring that criticism of the President is not only 
        lawful but essential to democracy in the United States.

Whereas the First Amendment to the Constitution of the United States provides 
        that ``Congress shall make no law . . . abridging the freedom of speech, 
        or of the press.'';
Whereas robust public debate and criticism of those who hold public office lie 
        at the core of democratic governance, which includes the proposition 
        that the right to speak, publish, and dissent is fundamental to a self-
        governing people;
Whereas the institution of the presidency, like all offices of government in the 
        United States, is subject to public scrutiny, criticism, and 
        accountability;
Whereas, on November 1, 2025, President Donald J. Trump posted on social media 
        that commentary by comedian Seth Meyers was ``100% ANTI TRUMP'' and 
        therefore ``PROBABLY ILLEGAL'';
Whereas President Trump has previously attacked late-night comedians and urged 
        the Chairman of the Federal Communications Commission to punish 
        broadcasters that air the comedians' political commentary by revoking 
        their broadcast licenses;
Whereas Federal Communications Commission Chairman Brendan Carr has demonstrated 
        a willingness to weaponize the Commission's authority over broadcasters 
        for political purposes, including, in September 2025, in response to a 
        monologue delivered by comedian Jimmy Kimmel, by publicly threatening 
        ABC and its parent company Disney, stating that ``we can do this the 
        easy way or the hard way,'' in clear reference to the Commission's 
        regulatory power;
Whereas President Trump's social media post and the repeated actions of the 
        Trump administration suggest that they view criticism of President Trump 
        as illegal and subject to regulatory punishment;
Whereas such episodes serve as a reminder that when government officials treat 
        criticism--especially of themselves--as unlawful, they undermine the 
        basic premise of free and open political discourse; and
Whereas the right to criticize the president is not only lawfully protected but 
        politically essential, and the ability of citizens, the press, and 
        elected representatives to question, challenge, and hold the executive 
        branch to account is foundational to the health of democracy in the 
        United States: Now, therefore, be it
    Resolved, That the Senate--
            (1) condemns any suggestion by President Donald J. Trump or 
        his administration that criticism of President Trump is illegal 
        or that governmental power may lawfully be used to punish, 
        censor, or intimidate dissenting views;
            (2) affirms that the First Amendment to the Constitution of 
        the United States protects the right to criticize public 
        officials, including the President of the United States, and to 
        engage in vigorous public debate without fear of governmental 
        retaliation; and
            (3) urges all officials of the Trump administration to 
        refrain from using regulatory, licensing, investigative, or 
        enforcement authorities to penalize or suppress speech that 
        criticizes President Trump or the policies of his 
        administration.
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