Far-left Rep Pramila Jayapal schooled on First Amendment by X's Community Notes

The Washington Democrat invoked free speech while pressuring Climate Pledge Arena to host Macklemore’s “Free Palestine” benefit tour.

“Freedom of Speech is a paramount right in this country. It is wrong that Seattle’s own Climate Pledge Arena is reportedly blocking Macklemore’s performance. I call on Climate Pledge to make every effort to ensure Macklemore is able to perform in his own hometown arena,” Jayapal wrote.

“Seattle is better than this.”

Her post received a Community Note explaining the distinction a member of Congress should understand: The First Amendment protects against government restrictions on speech. It does not require private venues to book performers.

The Supreme Court has explained that private entities generally are not bound by the First Amendment’s restrictions on government. Hosting someone else’s speech does not automatically turn a private operator into a government actor.

Macklemore can express his views. That does not give him a constitutional entitlement to someone else’s stage. Under Jayapal’s logic, a radio host could demand to broadcast their radio show from her home.

Macklemore claimed nine American arenas declined his tour, including Climate Pledge Arena, home to the Seattle Kraken, which the arena owner partly owns. MSG Entertainment offered a blunt explanation: “We have some of the busiest venues in the world with extremely limited availability and he’s not an arena-level act.”

Jayapal’s comments also overlook the controversy surrounding the tour’s beneficiaries.

The tour raises money for organizations facing government scrutiny or allegations of supporting Hamas and other designated terrorist groups.

Among the beneficiaries is UNRWA USA, which raises money for the UN agency. 101 of their current and former employees were referred by USAID’s inspector general for possible suspension or debarment over alleged participation in October 7 or affiliation with Hamas’ military wing. Another beneficiary, HEAL Palestine, faced a South Carolina attorney general inquiry into nonprofits potentially supporting Hamas.

The ADL documented Middle East Children’s Alliance raising $70,000 for a Viva Palestina convoy whose participants met Hamas leaders. NGO Monitor alleged that Taawon partnered with organizations linked to the Popular Front for the Liberation of Palestine. Palestinian Youth Movement, also a beneficiary, co-hosted a demonstration the day after October 7 where speakers praised Hamas’ attack.

At his October 30 London concert, Macklemore also wore a “Free Marwan” shirt and brought Marwan Barghouti’s son onstage. Barghouti is serving five life sentences for his role in attacks that killed five people, including a Greek monk.

Jayapal’s Macklemore post was the second time in two days that her statements drew a Community Note. The other appeared on a KOMO News post quoting her vow to “take our state back” and plan to overturn voter-approved initiatives.

Take it back from whom?

Democrats had just secured a supermajority in Washington’s state House while retaining control of the Senate. Voters rejected four moderate state Supreme Court candidates and two conservative-backed initiatives but approved I-638, designed to keep boys out of girls’ sports.

The Community Note made it clear to the congresswoman: Democrats already control every level of Washington’s government.

The effort to overturn I-638 is already underway. The ACLU, Legal Voice and Pacifica Law Group are challenging the measure on behalf of plaintiffs including the Washington Education Association teachers’ union and TransFamilies, seeking to block it before its December 3 effective date.

One Community Note explained who governs her state. The next explained the limits of the constitutional protection she invoked. Both supplied information a sitting congresswoman should already know.