A Statement of Resolve—and a Plea for Support
It is a time for choosing. TechFreedom stands for the Constitution.
The constitutional crisis is here. The separation of powers is being assaulted, the justice system politicized, due process cruelly disregarded. The Trump administration is a clear and present danger to the republic—even if it ultimately adheres to court orders, a prospect that grows dimmer by the day. (Nor may we assume that the peril ends in 2028. This no longer stops with Trump. And anyway, our founder, Berin Szóka, was prophetic in warning that Trump will see the Constitution as no obstacle to a third term.)
Now more than ever, the Constitution needs vigorous, principled, and knowledgeable defenders. Many on the right claimed to revere the Constitution—until its limits proved inconvenient. Many on the left have spent recent years “interrogating” and “problematizing” the constitutional structure more than understanding and preserving it. We have stood apart. We have supported the Constitution—and, just as crucially, the system of administrative law that gives it function—without regard for political fashion or expedience.
In the months and years ahead, any serious opposition to Trumpism must include lawyers who can fight, with credibility and clarity, for seemingly arcane things like the Appointments Clause and the Administrative Procedure Act. Yes, protest matters; the raised voice and the clenched fist have their place. But they are not enough. “It is in the technical discussion concerning administrative law,” Hayek foretold, “that the fate of our liberty is being decided.” If trained and tenacious lawyers do not uphold due process and the separation of powers—in courtrooms, at hearings, in public argument—the republic will not stand.
Our roots are in tech policy, and it’s through that work that we’ve kept our command of administrative law sharp. But this administration sees tech regulation as just another tool for punishing enemies. You cannot do meaningful tech policy in a lawless system. That is why we now see our tech policy mission and our defense of the rule of law as one and the same. We will bring our legal knowledge to bear in both arenas, because the fight is no longer divisible.
Authoritarianism thrives in noise and chaos. We will meet it where it is weakest: the quiet and intricate terrain of constitutional and administrative law. Where slogans die of starvation. Where success depends on mastery of precedent, procedure, and statutory nuance. Trump may not respect the courts or the media. But sustained legal and cultural resistance—adverse rulings, intellectual discredit, loss of legitimacy—can and will grind his project down.
In a contest of expertise, the Trump administration will be outmatched—so long as the defenders of liberal democracy show up. We are here. We are fighting. Our recent work speaks for itself: see below. We want to do more. But we need your support.
— Corbin K. Barthold
Help TechFreedom fight for the rule of law. DONATE HERE. (Small-dollar donations welcome!)
Our recent work in defense of liberal democracy:
The Constitutional Crisis Is Here
Courts Won’t Stop Trump’s Hostile Takeover of the FTC. Here’s How to Resist.
Will the Supreme Court Face Down Trump or Flinch?
Think Trump Can’t Run Again in 2028? Don’t Be So Sure.
Can Trump Fire FTC Commissioners at Will?
