This piece originally appeared in USA Today on March 10, 2025.

When Elon Musk recently declared that “60 Minutes are the biggest liars in the world!” and that “they deserve a long prison sentence,” he may have been joking – and I thought he probably was. But without added context (or perhaps an “LOL” or emoji for those who understandably failed to see any humor), many reasonable people took his words literally.

Musk’s post came after “60 Minutes” aired a segment on cuts to the U.S. Agency for International Development put in place by his Department of Government Efficiency. Musk, who often responds to press inquiries with poop emojis, thinks little of conventional media companies. He angrily criticized the segment’s reporting, connecting the topic to the show’s selective editing of Kamala Harris’ interview as she ran for president.

Had he stopped at denouncing the reporting, there would be no issue. Like any American, Musk is free to passionately decry what he views as sloppy journalism or unethical behavior by CBS News.

However, it’s different when the person urging jail for ideological opponents can be viewed as potentially having the power to trigger an investigation or prosecution.

Musk’s newfound government power means greater responsibility

If Musk weren’t working for the government, there would be a different calculus. He would be speaking only in his capacity as a powerful private citizen.

Here, however, Musk leads DOGE and appears often with President Donald Trump. We can quibble over the nature and scope of his DOGE duties. But what’s not in dispute: Musk has highly influential access to the sitting president.

As such, remarks like his could intimidate not just journalists but any critic. Admittedly, CBS News is a major player and is unlikely to be intimidated, but what about smaller news outlets or nonprofits that have meager resources and no legal team?

Musk’s threat is particularly tone-deaf because of the public commitment to free speech expressed by both him and the president. One of Trump’s first executive orders stated, “Government censorship of speech is intolerable in a free society.”

If the Trump administration is genuinely concerned about the First Amendment, Musk needs to choose his words more carefully while he’s working for the government.

Setting aside any legal issues about illegal government pressure or turning X into a public forum, there’s an equally important issue: the need to foster a culture that embraces free speech.

Commendably, Vice President JD Vance recognized this need during his recent Munich speech when he said, “Under Donald Trump‘s leadership, we may disagree with your views, but we will fight to defend your right to offer it in the public square, agree or disagree.”

We need more of this type of rhetoric and less that can be misconstrued.

Musk and Trump have been free speech champions. We can’t lose momentum.

To his credit, Musk acquired Twitter (now X) and vocally expressed support for free speech principles, rightfully calling out practices like “shadowbanning” that suppress disfavored viewpoints. He set a tone of more open debate, shutting down previous efforts to suppress political views, restoring accounts and exposing outrageous government jawboning efforts.

That same commitment to a culture of free speech should compel anyone serving in the administration to avoid such rhetoric. It’s fine to criticize the critics. Or call out that bias. Denounce what you perceive as lies. But find time to defend their right to be wrong, too.

And remind people that it’s a free country and you respect our right to speak.

If you happen to be someone who sees no problem with this kind of rhetoric – or who may even be cheering Musk on – imagine if a left-leaning billionaire like George Soros were a close confidant of a sitting Democratic president. So close, in fact, that he made frequent visits to the Oval Office or the president’s home, was given direct responsibilities in government and participated in joint televised interviews with the president.

Then, in this hypothetical, Soros calls for Fox News reporters to be jailed over what he argues is “misinformation” that threatens “democracy.”

Many Americans, including those on the right, would justifiably and sharply criticize Soros.

This situation is no different, except for the political views of the people involved. When someone connected to government power suggests a long prison sentence for unfavorable or biased news coverage, it undermines free speech and a free press, regardless of who does it.

If the administration is serious about protecting free speech, then yes, let’s reform laws and regulations to better protect it. But let’s also work to foster a culture that honors free speech.