DEMOCRACY WATCHLabeling Dissent as Terrorism: New U.S. Domestic Terrorism Priorities Raise Constitutional Alarms
There is no single official definition of terrorism in U.S. law, but all the different definitions focus on identifying violent or dangerous acts done with the intent to intimidate or coerce civilians or influence government policy. But more than redefining terrorism,National Security Presidential Memorandum/NSPM-7, issued on 2 September 2025 (NSPM-7) reorients the machinery of national security toward the policing of belief. The directive’s emphasis on ideological orientations –“anti-Christianity, “anti-capitalism,” and “anti-American” views –as indicators of domestic terrorism potentially jeopardizes First Amendment rights.
A largely overlooked directive issued by the Trump administration marks a major shift in U.S. counterterrorism policy, one that threatens bedrock free speech rights enshrined in the Bill of Rights.
National Security Presidential Memorandum/NSPM-7, issued on Sept. 25, 2025, is a presidential directive that for the first time appears to authorize preemptive law enforcement measures against Americans based not on whether they are planning to commit violence but for their political or ideological beliefs.
You’ve probably heard a lot about President Donald Trump’s many executive orders. But as an international relations scholar who has studied U.S. foreign policy decision-making and national security legislation, I recognize that presidents can take several types of executive actions without legislative involvement: executive orders, memoranda and proclamations.
This structure allows the president to direct law enforcement and national security agencies, with little opportunity for congressional oversight.
This seventh national security memorandum from the Trump White House pushes the limits of presidential authority by targeting individuals and groups as potential domestic terrorists based on their beliefs rather than their actions.
The memorandum represents a profound shift in U.S. counterterrorism policy, one that risks undermining foundational American commitments to free speech and association.
Presidential National Security Powers
Executive memoranda instruct government officials and agencies by delegating tasks and directing agency actions.
They can, for example, order a department to prepare reports, implement new policies, coordinate interagency efforts or review existing programs to align with the administration’s priorities.
Unlike executive orders, they are not required to be published. When these memoranda, like NSPM-7, relate to national security and military and foreign policy, they are called national security directives, although the specific name of these directives changes with each administration.
Many of these directives are classified. They may not be declassified, if at all, until years or decades after the end of the administration that issued them.
The stated purpose of NSPM-7 is to counter domestic terrorism and organized political violence, focusing mainly on perceived threats from the political left. The memorandum identifies “anti-Christian,” “anti-capitalism” or “anti-American” views as potential indicators that a group or person will commit domestic terrorism.
The memorandum claims that political violence originates with “anti-fascist” groups that hold the following views: “support for the overthrow of the United States Government; extremism on migration, race, and gender; and hostility towards those who hold traditional American views on family, religion, and morality.”
