The Libertarian Party of New Hampshire's (LPNH) X account—which has become infamous for its bigoted and controversy-ridden posts—is finally gone. But the state's spurious role in its banning raises free speech concerns.

Last week, New Hampshire Republican Gov. Kelly Ayotte sent a letter to X's safety team, asking the company to suspend the account. Ayotte's letter made mention of several clear violations of X's content policies: "This account has openly called for the assassination of elected officials from the New Hampshire Democratic Party, has said it condones murdering elected officials for their policy positions, and most recently threatened a member of House leadership.…I'm calling on X to remove [the posts] and suspend the account immediately." 

The letter referenced one particularly bold post from September (which the account later deleted). The post read: "We openly support the assassination of basically every elected democrat in New Hampshire. But if you don't have the balls to do it, then you should probably vote GOP." 

X suspended the account the day after Ayotte sent the letter.

The removal of the LPNH account has likely elicited a sigh of relief from the Libertarian Party's (L.P.) leadership, which has repeatedly tussled with LPNH over its extreme rhetoric, undermining of L.P. candidates, and constant creation of P.R. crises for the party. In 2024, the LPNH endorsed Donald Trump for president instead of Libertarian candidate Chase Oliver, pushing the Libertarian National Committee to disaffiliate LPNH from the L.P.'s structure this past May. The Granite State Libertarian Party was designated the state's new L.P. affiliate in September.

Even though the LPNH has clearly violated X's terms and does not adhere to the most basic requirements for L.P. membership (such as pledging to uphold the nonaggression principle), the government should not tell private firms when to enforce their own policies. This sentiment was shared by Granite State L.P., which recently said in a social media post, "While a private company has a right to remove someone screaming about setting people on fire…the government should play zero part in that decision."

Jeremy Kauffman, the chair of the LPNH, is outraged but unsurprised, posting on Sunday that he and the LPNH are "exploring a lawsuit against the New Hampshire government." He tells Reason, "Ayotte's letter was a classic example of jawboning. When a governor sends a demanding letter like this to a private company, there is a clear implicit threat attached."

Speaking to Reason, Trace Mitchell, a technology and free speech expert at the Foundation for Individual Rights and Expression, defines jawboning as, "when the government, through veiled threats or direct coercion, pressures a private entity to take an action that the government could not lawfully take or mandate itself." 

In Bantam Books v. Sullivan (1963), the Supreme Court ruled that the government cannot make recommendations to private companies if those recommendations come with legal repercussions—even implied or veiled repercussions. Doing so would qualify as jawboning, which violates the First Amendment. Though Ayotte's letter could be construed as extralegal pressure, it does not imply a punishment for noncompliance and likely falls short of legally recognized jawboning.

Addressing Kauffman's proposed lawsuit, Mitchell says, "In this case he would likely have to show there is something beyond this letter…[like] outside communications, emails or text with X." 

Safety officers at X provided no comment to Reason to justify the suspension. It is not clear whether there was any external communication involved beyond the letter. Without a more definite connection between Ayotte's request and X's decision, Kauffman may struggle to win in court. Still, that doesn't make the governor's request any less concerning. 

While Ayotte's letter was a surprise, it was not unprecedented. As social media has become the public forum, all levels of government have tried to regulate what is said there. During the COVID-19 pandemic, federal officials under the Biden administration were revealed to be in near-constant communication with major social media firms, encouraging and recommending that misinformation be removed from the platforms. Many of these recommendations were paired with implied threats to review the firms' legal immunity for content posted on their platforms, which spawned a lawsuit that reached the Supreme Court in 2024. 

Although the Court dismissed the case for lack of standing, some lawmakers have taken action to address concerns over jawboning, with Sen. Ted Cruz (R–Texas) introducing the JAWBONE Act in June. The bill would make it easier for members of the public to sue government officials who pressure media networks, as well as require increased transparency for all federal communications to media networks.

Even if Kauffman cannot find legal remit, Ayotte's letter was a troubling move for the future of internet speech. Many of the offending posts referenced were months old or had been deleted before the letter was sent. The LPNH has likely been violating X's content policy for years, but X only took action after the government instructed it to.

You don't need a judge to see how that might be concerning. 

The post X Bans Former Libertarian Party Affiliate—After the State Requests It appeared first on Reason Magazine.

With less than three weeks until Election Day and Republican approval numbers down, President Donald Trump is taking unorthodox measures to drum up support for the GOP.  Last week, Trump sent out $90 payments to over 20 million Americans on Medicare Part B—which covers doctor visits and regular checkups. The money was made available to help seniors "pay for their Medicare Part B premiums," which cost $202 per month.  

In a Truth Social post, Trump said the money is coming from "a pointless 'Slush Fund'" known as the Medicare Improvement Fund, which, though bombastic, is an accurate telling of how lawmakers have used the account. 

The fund was created in 2008 "to improve program management" of Medicare. However, as a 2023 report from the Congressional Budget Office (CBO) points out, this fund has really served one purpose far above supporting Medicare: sneaky government accounting.

As the CBO wrote, "No funds have been spent by [Centers for Medicare & Medicaid Services] from either improvement fund since their establishment in 2008." Instead of using the fund to support Medicare programs, Congresses have filled up the fund with money scheduled for use only in the distant future, then siphoned that money away to other legislation. Under CBO accounting rules, canceling or redirecting future spending is a "credit" to the bill's total cost—a helpful trick for legislators who want to couch their initiatives as being affordable. This trick was used to finance nearly $21 billion of the Affordable Care Act and has been used for a scattering of legislation since. 

While Trump says this disbursement is needed to help enrollees pay premiums, the timing of the announcement—weeks before the midterms—and Trump's history of using taxpayer money to win over senior citizens make the claim dubious. In the One Big Beautiful Bill Act, for instance, seniors were given a $6,000 tax deduction. Trump has also consistently defended senior-focused entitlement programs like Social Security and Medicare, which are both facing a funding cliff in the coming years. Trump siphoning off public money to turn out the electorate hasn't been limited to senior citizens either. Last month he promised to hand out $5,000 checks to all Americans—conditional upon Republican victory in the midterms. 

Despite grumbling by some Democrats about Trump's decision to empty the Medicare Improvement Fund, it seems unlikely the choice will detract from Medicare's ability to provide services. The bigger concern is that the president is using his office to hand out personally signed checks to voters weeks before an election. Pre-election vote grabbing through irresponsible spending is not unprecedented, but it has rarely been so characteristic. 

The fiscal ramifications of Trump's unorthodox spending are also concerning. Medicare is already teetering toward insolvency, and entitlement spending continues to balloon. Neither Congress' playbook of deceptive accounting nor Trump's vote buying will address these problems. Without raising taxes or lowering benefits, these programs cannot continue as they are.

But raising taxes and cutting benefits is no way to win an election. Trump knows this and seems perfectly willing to sacrifice America's fiscal stability for a quick boost in the polls.

The post Trump's $90 Checks to Seniors Look a Lot Like Vote Buying appeared first on Reason Magazine.