A chilling trend is unfolding across the United States as state legislatures pass a slew of anti-China bills that critics warn could stifle free speech, create administrative burdens for ordinary citizens, and invite politically motivated civil penalties.
At the heart of this movement are two dark-money organizations, State Shield and State Armor, which have been quietly fueling the legislative frenzy. Funded by opaque sources, these groups have been testifying in favor of state-level foreign agent registries that go far beyond the existing Federal Foreign Agents Registration Act (FARA).
The Nebraska bill, dubbed the Foreign Adversary and Terrorist Agent Registration Act, creates a state registry for agents working on behalf of entities deemed "adversary" countries. While framed as an effort to curb Chinese influence, civil liberties advocates contend that the bill bears the hallmarks of modern-day McCarthyism β a movement characterized by fear-mongering, blacklisting, and intimidation.
The bill's expansive requirements would force businesses, universities, and humanitarian organizations to register as foreign agents if they engage in activities that advocate on behalf of a foreign principal. This could include seemingly innocuous actions like selling crops to companies with Chinese ownership or hosting public talks with dissident groups.
The stakes are high: failure to comply with the bill's requirements could result in a $50,000 penalty and, for noncitizens, deportation. The law's broad language has raised concerns that it would have a chilling effect on citizens across states that have passed similar legislation.
Critics point to the involvement of dark-money organizations as evidence of a broader pattern of influence peddling and intimidation. "This is like if George W. Bush had said Code Pink was Al Qaeda," says Miles Taylor, a former chief of staff for the Department of Homeland Security. "It's not about China; it's about using fear to control people."
As lawmakers continue to push anti-China legislation, experts warn that the trend could spread beyond Nebraska and other states. The American Legislative Exchange Council (ALEC), a nonprofit with ties to former House Speaker Newt Gingrich, has published a draft model policy bill that mirrors the Nebraska bill.
"This is not hyperbole," says Spike Eickholt, a government liaison at the ACLU of Nebraska. "Court orders are being ignored. MAGA loyalists have been put in charge of the military and federal law enforcement agencies. The Department of Government Efficiency has stripped Congress of its power of the purse."
The Intercept stands committed to covering authoritarian governments, billionaire oligarchs, and backsliding democracies around the world β including this alarming trend in the United States. We invite you to join us in supporting independent journalism and press freedom.
At the heart of this movement are two dark-money organizations, State Shield and State Armor, which have been quietly fueling the legislative frenzy. Funded by opaque sources, these groups have been testifying in favor of state-level foreign agent registries that go far beyond the existing Federal Foreign Agents Registration Act (FARA).
The Nebraska bill, dubbed the Foreign Adversary and Terrorist Agent Registration Act, creates a state registry for agents working on behalf of entities deemed "adversary" countries. While framed as an effort to curb Chinese influence, civil liberties advocates contend that the bill bears the hallmarks of modern-day McCarthyism β a movement characterized by fear-mongering, blacklisting, and intimidation.
The bill's expansive requirements would force businesses, universities, and humanitarian organizations to register as foreign agents if they engage in activities that advocate on behalf of a foreign principal. This could include seemingly innocuous actions like selling crops to companies with Chinese ownership or hosting public talks with dissident groups.
The stakes are high: failure to comply with the bill's requirements could result in a $50,000 penalty and, for noncitizens, deportation. The law's broad language has raised concerns that it would have a chilling effect on citizens across states that have passed similar legislation.
Critics point to the involvement of dark-money organizations as evidence of a broader pattern of influence peddling and intimidation. "This is like if George W. Bush had said Code Pink was Al Qaeda," says Miles Taylor, a former chief of staff for the Department of Homeland Security. "It's not about China; it's about using fear to control people."
As lawmakers continue to push anti-China legislation, experts warn that the trend could spread beyond Nebraska and other states. The American Legislative Exchange Council (ALEC), a nonprofit with ties to former House Speaker Newt Gingrich, has published a draft model policy bill that mirrors the Nebraska bill.
"This is not hyperbole," says Spike Eickholt, a government liaison at the ACLU of Nebraska. "Court orders are being ignored. MAGA loyalists have been put in charge of the military and federal law enforcement agencies. The Department of Government Efficiency has stripped Congress of its power of the purse."
The Intercept stands committed to covering authoritarian governments, billionaire oligarchs, and backsliding democracies around the world β including this alarming trend in the United States. We invite you to join us in supporting independent journalism and press freedom.