Nach Genre filtern
- 220 - Ep. 214: The Antisemitism Awareness Act
On May 1, the U.S. House of Representatives passed the Antisemitism Awareness Act by a vote of 320 to 91. Proponents of the law say it is necessary to address anti-Semitic discrimination on college campuses. Opponents argue it threatens free speech.
Who’s right?
Kenneth Stern was the lead drafter of the definition of anti-Semitism used in the act. But he said the definition was never meant to punish speech. Rather, it was drafted to help data collectors write reports.
Stern is the director of the Bard Center for the Study of Hate. His most recent book is titled, “The Conflict Over the Conflict: The Israel/Palestine Campus Debate.”
Timestamps
0:00 Introduction
04:06 Introducing Ken Stern
7:59 Can hate speech codes work?
11:13 Off-campus hate speech codes
13:33 Drafting the International Holocaust Remembrance Alliance definition
21:53 How should administrators judge anti-Semitism without the IHRA definition?
27:29 Is there a rise in unlawful discrimination on campuses today?
40:20 Opposition to the Antisemitism Awareness Act
43:10 Defenses of the Antisemitism Awareness Act
51:34 Enshrinement of the IHRA definition of anti-Semitism in state laws
53:57 Is the IHRA definition internally consistent?
59:21 How will the Senate vote?
1:01:16 Outro
Show Notes
IHRA definition of anti-Semitism
The Antisemitism Awareness Act
Tue, 07 May 2024 - 1h 02min - 219 - Ep. 213: Campus unrest - live webinar
Host Nico Perrino joins his FIRE colleagues Will Creeley and Alex Morey to answer questions about the recent campus unrest and its First Amendment implications.
Timestamps
0:00 Introduction
0:41 What is FIRE?/campus unrest
5:44 What are the basic First Amendment principles for campus protest?
11:30 Student encampments
18:09 Exceptions to the First Amendment
29:01 Can administrators limit access to non-students/faculty?
34:13 Denying recognition to Students for Justice in Palestine
36:26 Were protesters at UT Austin doing anything illegal?
40:54 The USC valedictorian
45:09 What does “objectively offensive” mean? / Does Davis apply to colleges?
46:55 Is it illegal to protest too loudly?
50:03 What options do colleges have to moderate/address hate speech?
54:20 Does calling for genocide constitute bullying/harassment?
59:09 Wrapping up on the situation
Show Notes
“USC canceling valedictorian’s commencement speech looks like calculated censorship,” Alex Morey
“Emerson College: Conservative Student Group Investigated for Distributing ‘China Kinda Sus’ Stickers,” FIRE’s case files
“HATE: Why We Should Resist it With Free Speech, Not Censorship,” Nadine Strossen
“Defending My Enemy: American Nazis, the Skokie Case, and the Risks of Freedom,” Aryeh Neier (pdf)
“David Goldberger, lead attorney in ‘the Skokie case,’” “So to Speak” Ep. 118
Tue, 30 Apr 2024 - 1h 06min - 218 - Ep. 212: Should the First Amendment protect hate speech?
In America, hate speech is generally protected by the First Amendment.
But should it be?
Today’s guest is out with a new book, “Hate Speech is Not Free: The Case Against First Amendment Protection.”
W. Wat Hopkins is emeritus professor of communication at Virginia Tech, where he taught communication law and cyberspace law.
Transcript of Interview: https://www.thefire.org/research-learn/so-speak-podcast-transcript-should-first-amendment-protect-hate-speech
Timestamps
0:00 Introduction 5:34 Why write about hate speech?8:50 Has the Supreme Court ruled on hate speech? 13:56 What speech falls outside First Amendment protection? 16:44 The history of the First Amendment 20:00 Fighting words and Chaplinsky v. New Hampshire (1942) 24:00 How does the Supreme Court determine what speech is protected? 35:24 Defining hate speech 38:54 Debating the value of hate speech 44:02 Defining hate speech (again) 50:30 Abuses of hate speech codes 1:00:10 Skokie 1:02:39 Current Supreme Court and hate speech 1:06:00 Outro
Show Notes Scotland’s “Hate Crime and Public Order Act” Matal v. Tam (2017) Snyder v. Phelps (2011) Brown v. Entertainment Merchants Association (2011) United States v. Stevens (2010) Virginia v. Black (2003) R.A.V. v. City of St. Paul (1992) National Socialist Party of America v. Village of Skokie (1977) Police Department of Chicago v. Mosley (1972) Beauharnais v. Illinois (1952) Chaplinsky v. New Hampshire (1942) “HATE: Why We Should Resist it With Free Speech, Not Censorship” by Nadine Strossen
Thu, 25 Apr 2024 - 1h 06min - 217 - Ep. 211: Generational differences and civil liberties with Neil Howe
In late 2013, some of us at FIRE started noticing a change on college campuses. Students, who were previously the strongest constituency for free speech on campus, were turning against free speech. They began appealing to administrators more frequently for protection from different speakers and using the language of trauma and safety to justify censorship.
What changed? Neil Howe may have an answer. He is a historian, economist, and demographer who speaks frequently on generational change. His most recent book, “The Fourth Turning is Here,” was published last year. Howe argues that history has seasonal rhythms of growth, maturation, entropy, and rebirth and that different generations take on different attributes reflecting their place in the cycle.
Joining Howe and host Nico Perrino for the conversation is FIRE President and CEO Greg Lukianoff, co-author of “The Canceling of the American Mind."
Timestamps
0:00 Introduction
6:10 Neil’s intent with his book, “Generations”
13:12 Pattern in American history
17:08 The nomad archetype
25:00 Covid and the younger generation
27:28 Do people shape events?
35:35 Gen-Xers and Millennials
41:45 The Fourth Turning
50:24 William James’ “The Moral Equivalent of War”
57:08 Are Gen-Z actually Millennials?
58:10 Dominant generations
01:06:40 How do generational cycles impact civil liberties?
01:10:57 Summary of Millennials
01:18:15 Peaceful periods lead to greater inequality
1:19:16 Outro
Show Notes
Neil Howe’s Substack, “Demography Unplugged”
Greg Lukianoff’s Substack, “The Eternally Radical Idea”
Thu, 11 Apr 2024 - 1h 21min - 216 - Ep. 210: The First Amendment at the Supreme Court
“I have never seen a Supreme Court term that is as consequential as this one is going to be,” said FIRE Chief Counsel Bob Corn-Revere, previewing this term’s First Amendment cases.
On today’s show, we analyze the oral arguments in four of those cases: NRA v. Vullo, Murthy v. Missouri (formerly Missouri v. Biden), Moody v. NetChoice, LLC, and NetChoice, LLC, v. Paxton.
We also discuss the court’s decision in two cases involving government officials blocking their critics on social media.
Joining the show are Corn-Revere, FIRE General Counsel Ronnie London, and FIRE Director of Public Advocacy Aaron Terr.
Timestamps
0:00 Introduction
3:29 NRA v. Vullo
26:05 Murthy v. Missouri
50:41 Netchoice cases
1:11:26 Lindke v. Freed and O’Connor-Ratcliff v. Garnier
1:21:24 Outro
Show Notes
NRA v. Vullo oral argument transcript
Bantam Books, Inc. et. al v Sullivan et al. (1963)
Murthy v. Missouri oral argument transcript
Moody v. NetChoice, LLC oral argument transcript
NetChoice, LLC v. Paxton oral argument transcript
Lindke v. Freed and O’Connor-Ratcliff v. Garnier decisions
Fri, 29 Mar 2024 - 1h 23min - 215 - Ep. 209: ‘Is money speech?’ with Robert Breedlove
There is a recurring debate in the free speech community regarding whether money is speech.
Bitcoin-focused entrepreneur, writer, and philosopher Robert Breedlove joins us today to help resolve the debate. Describing money as “the language of human action,” Robert makes the case that money, like the cryptocurrency Bitcoin, is information and should be free from government regulation and manipulation. During this longer-than-usual episode, Robert and Nico discuss everything from Keynesian economics and 3D-printed firearms to the Chinese Communist Party.
Robert is the host of the popular podcast, “The ‘What is Money?’ Show,” which dives into the nature of money by asking guests one simple question: What is money? In 2020, he co-authored the book, “Thank God for Bitcoin: The Creation, Corruption and Redemption of Money.”
Timestamps
0:00 Introduction
3:56 Robert’s background
19:21 What is Austrian economics?
24:23 Is money speech?
44:48 Can money express irrational things?
51:59 Is access to perfect information always a good thing?
1:05:17 Bitcoin and anonymity
1:18:14 Prediction markets
1:31:49 Is code speech?
1:39:59 Is economic freedom more fundamental than freedom of speech?
1:49:13 Regulating bitcoin
1:55:16 Bitcoin ETFs
1:57:03 Rapid-fire Bitcoin questions
2:03:15 Does more access to information make the world a better place?
2:06:53 Outro
Show Notes
“The Creature from Jekyll Island” by G Edward Griffin
“The Bitcoin Standard” by Saifedean Ammous
“The Use of Knowledge in Society” by Friedrich Hayek
“The Logic of Scientific Discovery” by Karl Popper
“Areopagitica” by John Milton
Mon, 25 Mar 2024 - 2h 07min - 214 - Ep. 208: Dodging censorship in Russia
On today’s episode, we discuss Alexei Navalny’s death, Vladimir Putin, censorship in Russia, and Samizdat Online, an anti-censorship platform that grants users living under authoritarian regimes access to news and other censored content. Yevgeny “Genia” Simkin is the co-founder of Samizdat Online and Stanislav “Stas” Kucher is its chief content officer.
Timestamps
0:00 Introduction
2:25 Alexei Navalny
8:53 The state of Russian opposition
20:48 The origins of Samizdat Online
28:17 How does Samizdat Online circumvent censorship?
35:16 Could Yevgeny Prigozhin have overthrown Putin?
41:03 The progression of Putin’s regime
58:08 How can people help?
59:56 Outro
Show notes
Statement by Russian prison service on Alexei Navalny’s death
The Anti-Corruption Foundation (nonprofit established by Alexei Navalny)
“Nothing Is True and Everything Is Possible” by Peter Pomerantsev
Past related episodes
Ep. 108: A history of (dis)information wars in the Soviet Union and beyond
Ep. 156: What Russians don’t know about the war in Ukraine
Ep. 157: Former BBC bureau chief Konstantin Eggert and what you need to know about censorship in Russia
Thu, 14 Mar 2024 - 1h 00min - 213 - Ep. 207 Free speech news: NetChoice, Taylor Swift, October 7, and Satan
On today’s free speech news roundup, we discuss the recent NetChoice oral argument, Taylor Swift, doxxing, October 7 fallout on campus, and Satan in Iowa.
Joining us on the show are Alex Morey, FIRE director of Campus Rights Advocacy; Aaron Terr, director of Public Advocacy; and Ronnie London, our general counsel.
Timestamps
0:00 Introduction
0:44 NetChoice oral arguments
19:39 Taylor Swift cease and desist letter
29:20 Publishing unlawfully obtained information
39:28 Harvard and doxxing
47:44 Princeton no contact orders
55:52 Columbia law denies recognition to Law Students Against Antisemitism
1:02:38 Columbia adopts Kalven Report
1:06:06 Indiana University art exhibit canceled, professor suspended
1:14:55 Satan in Iowa
1:21:59 Outro
Show Notes
“So to Speak” 2023-24 Supreme Court Preview (contains discussion of NetChoice cases)
Correspondence between Taylor Swift and Jack Sweeney’s attorneys
Columbia university grants recognition to Law Students Against Antisemitism
IHRA definition of anti-Semitism
List of universities that have adopted the Kalven Report
Indiana University art exhibit story
Indiana University professor suspended for improper reservation
Thu, 29 Feb 2024 - 1h 23min - 212 - Ep. 206: CJ Hopkins compared modern Germany to Nazi Germany. Now he’s standing trial.
J Hopkins is an American playwright, novelist, and political satirist. He moved to Germany in 2004. He publishes a self-titled blog on Substack and is the editor of Consent Factory Publishing.
CJ’s most recent book, “The Rise of the New Normal Reich,” draws a parallel between Nazi Germany and the response to the COVID-19 pandemic. In August 2022, it was banned on Amazon in Germany, Austria, and the Netherlands. In the months that followed, CJ was charged by German authorities with violating a section of the German penal code that prohibits “disseminating information, the intention of which is to further the aims of a former National-Socialist organization [the Nazis].” He was recently acquitted, but the prosecutor chose to appeal the decision.
In the coming months, CJ will stand trial — again — for a crime he claims he didn’t commit and for which he has already been acquitted.
**We are launching on Substack this week! Nothing will change for our listeners. It’s just another way to support the podcast and FIRE. Premium subscribers will receive a FIRE membership and access to our new monthly “Members Only” Zoom chats, where we will discuss free speech news and happenings at FIRE. Members will also be able to ask Nico and other FIRE staffers questions.**
Timestamps
0:00 Introduction
2:58 Who is CJ Hopkins?
9:35 CJ moves to Germany
15:02 CJ’s work since 2004
18:23 Berlin in 2020
27:18 “The Rise of the New Normal Reich”
34:01 CJ’s book banned in Germany, Austria, and the Netherlands
37:05 German investigation
47:26 German sensitivities to Nazism
50:17 Why didn’t CJ just pay the fine?
54:03 CJ goes to trial
1:03:29 Double-jeopardy / prosecutorial appeal
1:08:49 Does CJ have regrets?
1:12:50 Conclusion
Show Notes
Atlantic profile by Jamie Kirchick
“Berlin Diary” by William L. Shirer
“The Rise and Fall of the Third Reich” by William L. Shirer
“The Rise of the New Normal Reich” by CJ Hopkins
“The Verdict” by CJ Hopkins, a Substack article about the conclusion of his first trial
“The Rise of the New Normal Reich: Consent Factory Essays, Vol. III, banned in Germany, Austria, and The Netherlands!” by CJ Hopkins, a Substack article about his book being banned on Amazon
Thu, 15 Feb 2024 - 1h 14min - 211 - Ep. 205: An anarchist’s perspective with Michael Malice
Michael Malice is a self-described “anarchist without adjectives” and is the author of several books, including most recently “The White Pill: A Tale of Good and Evil.” He is also the host of the podcast, “YOUR WELCOME,” and the subject of the biographical comic book, “Ego & Hubris: The Michael Malice Story.”
Michael joins us today to explain why he hates the term “free speech,” and gives his thoughts on McCarthyism, anarchism, Twitter, and more.
Timestamps
0:00 Introduction
0:46 Who is Michael Malice?
6:45 What is an anarchist without adjectives?
7:26 The definition of anarchism/prominent anarchists
8:01 How do we have free speech in an anarchist society?
16:54 The McCarthy Era
20:38 Students for Justice in Palestine
24:57 Should we advocate for a culture of free speech?
30:44 “Hitman”
34:01 What is the core right under an anarchist system?
36:26 Elon, Twitter, and free speech
44:38 Emma Goldman and McCarthyism
55:27 Cancel culture
1:01:37 From Emma Goldman to Solzhenitsyn
1:05:31 What is it like to live under an authoritarian regime?
1:12:23 The war in Ukraine
1:15:24 Outro
Show Notes
“Dear Reader: The Unauthorized Autobiography of Kim Jong Il” by Michael Malice
“Hitman: A Technical Manual for Independent Contractors” by Rex Feral (pseud.)
“Khrushchev's Secret Speech” (Encyclopedia Britannica entry)
“My Disillusionment in Russia” by Emma Goldman
“Schenck v United States” (1919)
“The Anarchist Handbook” by Michael Malice
“The Gulag Archipelago” by Alexandr Solzhenitsyn
“The New Right: A Journey to the Fringe of American Politics” by Michael Malice
Thu, 01 Feb 2024 - 1h 17min - 210 - Ep. 204: “Liar in a Crowded Theater” with Jeff Kosseff
Jeff Kosseff is an associate professor of cybersecurity law in the United States Naval Academy’s Cyber Science Department. He is the author of four books including his most recent, “Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation.” He has also written books about anonymous speech and Section 230 of the Communications Decency Act.
Timestamps
0:00 Introduction
2:30 Jeff’s focus on the First Amendment
4:27 What is Section 230?
9:30 “Liar in a Crowded Theater”
16:27 What does the First Amendment say about lies?
19:35 What speech isn’t protected?
21:27 The Eminem case
27:33 The Dominion lawsuit
38:44 “The United States of Anonymous”
46:39 The impact of age verification laws
49:43 “The Twenty-Six Words that Created the Internet”
58:40 What’s next for Jeff?
1:01:35 Outro
Show Notes
Brown v. Entertainment Merchants Association (2011)
Nikki Haley on social media anonymity
Schenck v. United States (1917)
“The Twenty-Six Words That Created the Internet” by Jeff Kosseff
NBC News: “Judge allows lawsuit against Snap from relatives of dead children to move forward”
“The United States of Anonymous: How the First Amendment Shaped Online Speech” by Jeff Kosseff
United States v. Alvarez (2012)
Thu, 18 Jan 2024 - 1h 02min - 209 - Ep. 203: ‘Undefeated’ with Coach Bill Courtney
Bill Courtney is an American football coach, entrepreneur, author, and the subject of the academy award winning 2011 documentary “Undefeated,” which tells the story of Courtney leading a high school football team in an economically depressed area of Memphis, Tenn. to the playoffs.
Courtney is the host of the An Army of Normal Folks podcast, in which he shares stories of “ordinary people doing extraordinary things in and around their communities.” His book “Against the Grain: A Coach's Wisdom on Character, Faith, Family, and Love” was released in 2014.
In this episode, we discuss coaching, the surprise success of “Undefeated,” and how talking across lines of difference can heal a polarized America.
Chapters:
0:00 Introduction
2:25 Courtney’s background
5:41 The influence of coaches
16:50 How Courtney ended up at Manassas High School
18:50 Coaching in difficult environments
24:30 Bridging divides
30:12 Forgiveness and grace
35:57 Daryl Davis
42:45 The “death spiral” of division and polarization
53:15 What happened to Manassas after Courtney left?
54:00 How did the filmmakers find Manassas?
59:21 Was the documentary good for the school and the kids?
Thu, 04 Jan 2024 - 1h 03min - 208 - Ep. 202: The backpage.com saga
We’re joined today by Elizabeth Nolan Brown, Robert Corn-Revere, and Ronnie London to discuss the history and verdict of the Backpage trial.
Backpage.com was an online classified advertising service founded in 2004. As a chief competitor to Craigslist, Backpage allowed users to post ads to categories such as personals, automotive, rentals, jobs and — most notably — adult services. In 2018, the website domain was seized by the FBI and its executives were prosecuted under federal prostitution and money laundering statutes. The trial concluded this year, resulting in the acquittal and convictions of several key executives.
Some First Amendment advocates are concerned that the Backpage case represents a “slippery slope” for the prosecution of protected speech and the rights of websites that host user-generated content.
Elizabeth Nolan Brown is a senior editor at Reason Magazine, where she has written about the Backpage case in detail.
Robert Corn-Revere is FIRE’s chief counsel and a frequent guest of the show. Prior to joining FIRE, he represented Backpage in private practice.
Ronnie London is FIRE’s general counsel and another frequent guest of the show. He also represented Backpage when he was in private practice prior to joining FIRE.
Timestamps
00:00 Introduction
06:55 The origins of Backpage
10:40 The significance of classified ads
14:52 Are escort ads protected?
19:07 Federal memos indicating Backpage fought child sex trafficking
23:19 Backpage content moderation
34:44 Section 230 of the Communications Decency Act
42:59 “De-banking” and NRA v. Vullo
52:24 The verdict
1:00:34 Could these convictions be overturned?
1:02:49 Outro
Show notes
Elizabeth Nolan Brown’s 2018 Backpage profile
Section 230 of the Communications Decency Act
Thu, 21 Dec 2023 - 1h 03min - 207 - Ep. 201: Crisis on Campus - X Space recording
Nico and FIRE President & CEO Greg Lukianoff appeared on an X Space to discuss the fallout from the recent congressional hearing on anti-Semitism involving Harvard President Claudine Gay, MIT President Sally Kornbluth, and former Penn President Liz Magill, who resigned last week following backlash over her testimony.
Timestamps
0:00- Introduction
1:53 - History of FIRE
5:40 - MIT/Harvard/Penn presidents’ testimony
11:35 - How speech codes are abused and conflict over the definition of genocide
14:05 - Penn “water buffalo” incident
16:20 - Will universities take the wrong lesson from these hearings?
21:25 - Double standards on campus
23:41 - Standards for hostile environment harassment, Title VI
26:43 - Is there a university that is currently handling the situation well?
31:19 - Institutional neutrality
38:29 - Guidance for donors
41:51 - The mission of the university
47:35 - College admissions and political litmus tests
51:20 - Faculty viewpoint diversity
57:17 - The path forward
Show notes
The Canceling of the American Mind
FIRE’s College Free Speech Rankings
Richard Berthold (“anyone who can blow up the pentagon has my vote”)
Student arrested for true threats at Cornell
Skokie case (neo Nazi protest in Illinois)
The Eternally Radical Idea (Greg’s Substack)
Tue, 12 Dec 2023 - 57min - 206 - Ep. 200: The state of free speech
We’re joined by First Amendment attorney Marc Randazza and British journalist Brendan O’Neill to discuss the state of free speech in the United States and Europe.
Randazza is a First Amendment attorney and the managing partner at Randazza Legal Group. He has represented controversial figures throughout his career, including Alex Jones, Mike Cernovich, Chuck Johnson, and founder of the neo-nazi website the Daily Stormer, Andrew Anglin.
O’Neill is a British author and journalist who served as editor of Spiked from 2007 to September 2021 and is currently its chief political writer. His book, “Heretic’s Manifesto,” was released in June. He last appeared on the podcast on October 20, 2016.
Timestamps
0:00 Introduction
6:35 Do lawyers want to defend their enemies any more?
13:00 The oldest form of intolerance
17:19 Israel/Hamas and double standards
32:28 Hate speech laws in Ireland
51:35 Censorship from internet intermediaries
52:33 Debanking and corporate censorship
55:36 PruneYard case
1:01:44 Social media and the internet
1:05:18 The Digital Services Act
Show Notes
Brendan O’Neill at Oxford Union
Proposed Irish hate speech bill
PruneYard Shopping Center v. Robins (1980)
Thu, 30 Nov 2023 - 1h 13min - 205 - Ep. 199: Israel, Hamas, and censorship at home
The FIRE team gets together to discuss the October 7 attacks in Israel and the resulting censorship on college campuses in the United States.
FIRE President and CEO Greg Lukianoff, Director of Campus Rights Advocacy Alex Morey, and General Counsel Ronnie London join host Nico Perrino for the conversation.
** We will conduct a listener survey starting Monday, Nov. 13. “So to Speak” listeners who subscribe to the show’s email list will receive an email with a link to the survey. If you are not an email subscriber, you can subscribe at the bottom of sotospeakpodcast.com or by subscribing to the general FIRE email list at thefire.org and noting that you would also like to subscribe to the “So to Speak” list. We appreciate your feedback: It will help us improve the show!
Timestamps
5:13 - October 7 attacks on Israel
6:04 - Greg’s initial thoughts
14:58 - Alex’s initial thoughts
20:29 - Protected vs. unprotected expression
28:11 - Statements from donors, students and faculty; double standards
40:49 - Institutional neutrality and the Kalven Report
51:01 - Combating Anti-Semitism, the Daryl Davis example
54:46 - Students for Justice in Palestine
1:01:48 - Tearing down posters
Show Notes
TranscriptHarvard student group letter (The public-facing Google Doc that originally hosted the letter was deleted.)
FIRE Letter to University of Florida President Ben Sasse re: Students for Justice in Palestine (after recording this episode, Brandeis University derecognized its campus chapter of SJP. Here is FIRE’s letter to Brandeis).
Ron DeSantis, Tim Scott, and Marco Rubio call to revoke student visas
Trump Truth Social post calls for the expulsion of students who support Hamas
Thu, 09 Nov 2023 - 1h 05min - 204 - Ep. 198: 2023-24 Supreme Court Preview
The Supreme Court handed down some big First Amendment victories last term. What lies ahead for the Court in the upcoming term? FIRE Chief Counsel Robert Corn-Revere and FIRE General Counsel Ronnie London join the show to discuss important First Amendment cases that will be heard during the Court’s 2023-24 session.
Timestamps:
0:00 - Introduction
1:47 - Murthy v. Missouri (government jawboning)
14:40 - NRA v. Vullo (government jawboning)
25:49 - NetChoice cases (social media regulation)
46:39 - Social media blocking cases
56:15 - Vidal v. Elster (trademark registration)
1:05:17 - Gonzalez v. Trevino (First Amendment retaliation)
Show Transcript:
https://www.thefire.org/research-learn/so-speak-podcast-transcript-2023-24-supreme-court-preview
Cases Discussed:
Murthy v. Missouri (government jawboning)
NetChoice, LLC v. Paxton (social media regulation)
Moody v. NetChoice, LLC (social media regulation)
O’Connor-Ratcliff v. Garnier (social media blocking)
Lindke v. Freed (social media blocking)
Vidal v. Elster (trademark registration)
Gonzalez v. Trevino (First Amendment retaliation)
Nat’l. Rifle Ass’n. of Am. v. Vullo (government jawboning)
Wed, 25 Oct 2023 - 1h 16min - 203 - Ep. 197 ‘Are cakes speech?’ with Alliance Defending Freedom’s Kristen Waggoner
President, CEO, and general counsel of the Alliance Defending Freedom, Kristen Waggoner, joins us for a discussion on freedom of speech and religious liberty. ADF has played various roles in 74 U.S. Supreme Court victories and since 2011, has won cases before the Court 15 times.
According to its website, “ADF is the world's largest legal organization committed to protecting religious freedom, free speech, marriage and family, parental rights, and the sanctity of life.”
ADF has litigated many high profile and controversial free speech cases, including the recent Supreme Court case involving a web designer who didn’t want to be compelled to design websites for same-sex weddings. Before that, ADF litigated the 2018 Masterpiece Cakeshop case, which involved a cake designer who similarly didn’t want to provide his services for same-sex weddings on religious grounds.
After the initial conversation was recorded, The Washington Post and The New Yorker released articles critical of ADF. Nico and Kristen recorded an additional, brief conversation to address these articles. That is included at the end of the podcast.
Transcript:
Timestamps:
0:43 - Introduction
6:16 - Kristen’s path to ADF
12:54 - ADF’s international team
14:20 - Pavi Rasanen controversy
19:24 - What does it mean to be a ministry?/blasphemy laws
22:56 - ADF’s Supreme Court cases
26:58 - 303 Creative LLC v. Elenis
28:56 - Public accommodation laws/Masterpiece Cakeshop
40:40 - Pre-enforcement challenges
42:50 - Facial challenges
47:32 - Test cases or fake cases?
49:44 - Yale incident
57:50 - Other campus shoutdowns
1:00:08 - L.M. v. Town of Middleborough
1:14:27 - Kristen addresses WaPo article
1:15:38 - Kristen addresses New Yorker article
Related Articles/Podcasts:
“Inside the tactics that won Christian vendors the right to reject gay weddings,” Jon Swaine and Beth Reinhard (The Washington Post)
“Are ADF’s Cases ‘Made Up’?” Lathan Watts (ADF, response to The Washington Post)
“The next targets for the group that overturned Roe,” David D. Kirkpatrick (The New Yorker)
FIRE’s response to Kristen Waggoner Yale incident
FIRE’s response to Anne Coulter Cornell incident
FIRE’s response to Ilya Shapiro Georgetown incident
FIRE’s response to Ian Haworth UAlbany incident
“The Imperfect Plaintiffs” (“More Perfect” podcast with Julia Longoria)
Cases Discussed:
Dubash v. City of Houston (Animal rights activists lawsuit, 2023)
Paivi Rasanen (Finnish lawmaker charged with incitement against gay people)
303 Creative LLC v. Elenis (2022)
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2017)
Uzuebgunam v. Preczewski (2021)
West Virginia State Board of Education v. Barnette (1943)
L.M. v. Town of Middleborough (2023)
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Email us: sotospeak@thefire.org
Thu, 12 Oct 2023 - 1h 17min - 202 - Ep. 196 ‘The Identity Trap’ by Yascha Mounk
Writer and academic Yascha Mounk argues that a new set of ideas about race, gender, and sexual orientation have overtaken society, giving rise to a rigid focus on identity in our national debate. In his new book, “The Identity Trap: A Story of Ideas and Power in Our Time,” Yascha seeks to take these ideas seriously, understand their origin, dissect their merits and failings, and offer a path forward to avoid what he calls “the identity trap.” On today’s show, Mounk previews his book and explains how the identity trap harms freedom of speech.
Mounk is known for his work on the rise of populism and the crisis of liberal democracy. He is a professor of the practice of international affairs at Johns Hopkins University and the author of five books. He is also the founder of the digital magazine Persuasion, a contributing editor at The Atlantic, and a senior fellow at the Council on Foreign Relations.
Transcript:
https://www.thefire.org/research-learn/so-speak-podcast-transcript-identity-trap-yascha-mounk
Timestamps:
0:00 - Introduction 1:35 - Origins of “the identity trap” 8:48 - What is “identity synthesis?” 12:26 - Is “cultural Marxism” a thing? / The intellectual history of identity synthesis 27:47 - Critical race theory 32:30 - Free speech culture 40:22 - Speech and violence 47:58 - The Law of Group Polarization 52:27 - How to escape the identity trapDiscussed intellectuals:
Christopher Rufo (Rufo’s book, “America’s Cultural Revolution,” and Nico’s review, “Christopher Rufo Became the Thing He Claims to Hate”)
Cass Sunstein (article: “The Law of Group Polarization”)
www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Wed, 27 Sep 2023 - 59min - 201 - Ep. 195 ‘Don’t Tread on Me,’ misgendering, cancel culture, and three strikes for Texas
FIRE President and CEO Greg Lukianoff and FIRE General Counsel Ronnie London join the show to preview Greg’s new co-authored book on cancel culture and to discuss recent free speech cases and headlines:
Transcript: https://www.thefire.org/research-learn/so-speak-podcast-transcript-dont-tread-me-misgendering-cancel-culture-and-three“The Canceling of the American Mind,” by Greg Lukianoff and Rikki Schlott (out Oct. 17)
Colorado public school to allow student to display Gadsden flag patch — as long as nobody complains
Police stage ‘chilling’ raid on Marion County newspaper, seizing computers, records and cellphones
Federal judge: Texas Law Mandating Age Verification for Sexually Themed Sites Violates First Amendment (Court Also Strikes Down "Public Health Warning" for Porn Sites)
Judge blocks Arkansas law requiring parental OK for minors to create social media accounts
Federal judge bars Texas from enforcing book rating law
www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 07 Sep 2023 - 1h 18min - 200 - Ep. 194 Harvey Silverglate, the beatnik criminal defense attorney
Harvey Silverglate is a criminal defense and civil liberties attorney. He is also the co-founder of FIRE.
On today’s show, Harvey defends the work of criminal defense attorneys, explaining why even guilty people must have the right to a robust legal defense. He also shares stories from his life, from growing up in Brooklyn to defending Vietnam War protesters to co-founding FIRE.
TranscriptYouTube: https://www.youtube.com/@freespeechtalk
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Thu, 24 Aug 2023 - 52min - 199 - Ep. 193 Can you still have a debate in high school debate?
High school debate is considered an ideal extracurricular activity for aspiring lawyers, politicians, or anyone seeking to learn the tools of effective communication and persuasion. But a slew of recent reports argue that high school debate is being captured by political ideology, rendering certain arguments off-limits, some debate topics undebatable, and ad hominem attacks fair game.
Debate judges disclose their judging paradigms by saying things like, “I will listen to conservative-leaning arguments, but be careful,” or, “Before anything else, including being a debate judge, I am a Marxist-Leninist-Maoist. . . . I cannot check the revolutionary proletarian science at the door when I’m judging.” Some debates even devolve into personal attacks, spurred on by judges who say they “will consider indictments of an opponent on the basis that they have done [or] said something racist, gendered, [or] -phobic in their personal behavior.”
On today’s show, we’re joined by two former high school debaters who are dismayed by these trends. James Fishback is the founder of Incubate Debate, which hosts free debate tournaments for students in Florida. Matthew Adelstein is a rising sophomore studying philosophy at the University of Michigan and publishes Bentham's Newsletter, a newsletter about utilitarianism.
Show notes:
Transcript of episode“Part I: At high school debates, debate is no longer allowed” by James Fishback
“Part II: At high school debates, watch what you say” by James Fishback
“How critical theory is radicalizing high school debate” by Maya Bodnick
Nico’s current reading list on critical theory: “Grand Hotel Abyss” by Stuart Jeffries and “America’s Cultural Revolution” by Christopher F. Rufo
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Thu, 10 Aug 2023 - 1h 03min - 198 - Ep. 192 Free speech at the Supreme Court
We review the Supreme Court’s free speech cases during the 2022-23 term and speculate on what’s in store for the next term. FIRE Vice President of Litigation Darpana Sheth guest hosts and is joined by FIRE Chief Counsel Robert Corn-Revere and FIRE General Counsel Ronnie London.
This episode was recorded before a virtual live audience on July 20. Watch a video of the conversation.
Cases discussed:
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Thu, 27 Jul 2023 - 59min - 197 - Ep. 191 Civil liberties and Civil War
In the last episode of the “So to Speak” podcast, we traced the dramatic story of free speech in the United States from colonial America to the abolitionists' campaign to abolish slavery. In this week’s episode, we pick up where we left off and explore the complicated history and legacy of civil liberties during the American Civil War.
Professor and author Joseph R. Fornieri and FIRE Chief Counsel Robert Corn-Revere join the show this week to unpack Abraham Lincoln’s justifications for suspending civil liberties and the important lesson that, in war, civil liberties can be hard to uphold, and our rights can be difficult to defend.
Show notes:
Transcript“Fateful Lightning: A New History of the Civil War and Reconstruction” by Allen Guelzo
“Lincoln’s First Amendment Record” by Eve Errickson (The Lincoln Cottage)
“The Fate of Liberty: Abraham Lincoln and Civil Liberties” by Mark E. Neeley, Jr.
“All the Laws but One: Civil Liberties in Wartime” by William H. Rehnquist
“Did Abraham Lincoln Exceed His Presidential Powers during the Civil War?” (The Bill of Rights Institute)
“Lincoln and Civil Liberties” (The Gilder-Lehrman Institute)
Join FIRE on July 20th at 3:00 PM EST for a special live-streamed episode of the "So to Speak" podcast about the Supreme Court's free speech decisions from this past term.
Hear from FIRE’s Darpana Sheth, Bob Corn-Revere, and Ronnie London on what these decisions mean for free expression, (and maybe even for you), and ask the panel anywhatever burning questions you may have. You can register here.
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Thu, 13 Jul 2023 - 30min - 196 - Ep. 190 Free speech and Abolitionism
Last Constitution Day, we traced the origins of free speech in the United States from colonial America to the ratification of the Bill of Rights in 1791. In this episode, we jump forward to the antebellum period, where abolitionists such as Frederick Douglass, John Quincy Adams, William Lloyd Garrison, and Angelina Grimké clashed with pro-slavery advocates over the monumental issue of slavery.
Journalist and author Damon Root, FIRE Senior Fellow Jacob Mchangama, and Washington and Lee University professor Lucas Morel join the show this week to explore how free speech and the free press became the essential tools in the abolitionists’ campaign for freedom.
Show notes:
Transcript“Free Speech: A History from Socrates to Social Media” by Jacob Mchangama
“Glorious Liberty: Frederick Douglass and the Fight for an Anti-Slavery Constitution” by Damon Root
“Speaking the Truth” by Lucas Morel (Persuasion)
“A Plea for Free Speech in Boston” by Federick Douglass (National Constitution Center)
“Frederick Douglass” (The First Amendment Encyclopedia)
“What to the Slave is the Fourth of July?” by Frederick Douglass (Teaching American History)
“With the Freedom of Speech, the Responsibility to Listen” (Ford Foundation)
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Wed, 28 Jun 2023 - 32min - 195 - Ep. 189 Why should we care about punk rock?
Nico knows very little about punk rock. On today’s show, Reason magazine’s Nick Gillespie and FIRE Vice President of Communications Matt Harwood do their best to explain to Nico why he and other free speech advocates should care about punk rock.
Transcript: https://www.thefire.org/research-learn/so-speak-podcast-transcript-why-should-we-care-about-punk-rock
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Wed, 14 Jun 2023 - 1h 02min - 194 - Ep. 188 How to make a winning free speech argument
Winning in the court of public opinion is hard. On today’s show, Ewing School founder Bob Ewing shares communications strategies that anyone — including free speech advocates — can use to win in the marketplace of ideas.
Prior to founding the Ewing School, Bob was director of communications for the Institute for Justice and pioneered a communications training program for the Mercatus Center at George Mason University. Bob is also the author of the Talking Big Ideas Substack, which Nico highly recommends.
Bob first shared his ideas on effective communication with host Nico Perrino over lunch in May 2013. Some of those ideas went on to shape FIRE’s communications strategy for the next decade.
Transcript: https://www.thefire.org/research-learn/so-speak-podcast-transcript-how-make-winning-free-speech-argument
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Thu, 01 Jun 2023 - 1h 21min - 193 - Ep. 187 Dominion vs. Fox lawyers reflect on historic case
On April 18, Fox News agreed to pay Dominion Voting Systems $787.5 million to settle a defamation lawsuit stemming from allegations of voter fraud in the 2020 presidential election. The historic settlement came just before the trial was set to begin in a case many saw as having significant First Amendment implications. In this exclusive conversation, attorneys for Fox and Dominion join First Amendment attorney Lee Levine to reflect on what led to the case, its outcome, and the arguments they would have made had the case gone to trial.
Tom Clare is a founding partner of Clare Locke LLP and was counsel to Dominion. Dan Webb is co-executive chairman of Winston & Strawn and was counsel for Fox News.
The conversation was organized and presented by The First Amendment Salon on Tuesday, May 9.
Show notes:
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Email us: sotospeak@thefire.org
Mon, 15 May 2023 - 1h 35min - 192 - Ep. 186 Killer Mike on free speech, racial justice, and Rap on Trial
Rocking their tuxedos in preparation for the 2023 FIRE gala in New York City, Host Nico Perrino speaks with rapper and free speech advocate Killer Mike about his journey toward learning the value of free expression.
They also discuss the importance of free speech in American history, the value of engaging and arguing with those who disagree with us, why free speech was critical to gaining racial equality, defending rappers and artists being prosecuted for their lyrics, and why polarization is more dangerous than anything anybody can say.
The interview is followed by Killer Mike’s keynote speech.
Watch Killer Mike's keynote speech at the 2023 FIRE Gala in New York City:
www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 27 Apr 2023 - 44min - 191 - Ep. 185 Sex, drugs, and free speech (Bob Guccione Jr. and Nick Gillespie)
Does music censorship still happen in America? Is “sex, drugs, and rock ‘n’ roll” dead? Is transgression in art and culture celebrated anymore (or was it ever)? From Beyonce and Taylor Swift to Ozzy Osbourne and Robin Thicke, SPIN magazine founder Bob Guccione Jr. and Reason magazine Editor at Large Nick Gillespie join a lively discussion of our current moment in pop culture. Bob also shares some war stories from his fight against the Parents Music Resource Center in the 1980s.
Transcript: https://www.thefire.org/research-learn/so-speak-podcast-transcript-sex-drugs-and-free-speech
www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 20 Apr 2023 - 1h 20min - 190 - Ep. 184 What’s going on in Florida?
What’s going on in Florida? Host Nico Perrino and his FIRE colleagues break down the latest efforts to censor speech in the Sunshine State.
Show notes:
Transcript“Thought the ‘Stop WOKE Act’ was bad? A new Florida bill is worse”
“Florida bill attacking NYT v. Sullivan would ‘spell disaster’ for free speech”
Miami Herald: “Florida undercover agents reported no ‘lewd acts’ at drag show targeted by DeSantis” by Nicholas Nehamas and Ana Ceballos
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Email us: sotospeak@thefire.org
Tue, 28 Mar 2023 - 1h 04min - 189 - Ep. 183 The Stanford shout-down with David Lat
UPDATE: Just as this podcast was to be published, Stanford Law School Dean Jenny Martinez sent a 10-page memorandum to the law school community outlining a path forward for the school, including updating school policies to prevent future speaker disruptions and mandatory student free speech training. She also announced that Associate Dean Tirien Steinbach is on leave.
–
The heckling began almost as soon as Fifth Circuit Court of Appeals Judge Kyle Duncan started his invited lecture at Stanford Law School on March 9. Signs in the audience read “RESPECT TRANS RIGHTS,” “FEDSUCK,” “BE PRONOUN NOT PRO-BIGOT.” What transpired over the next 40 minutes captured national headlines and raised questions about the state of free speech at America’s law schools.
David Lat writes commentary about law and the legal profession for Original Jurisdiction. Until 2019, he was an editor at the legal news website Above the Law, which he founded. Prior to his journalism career, David was a practicing lawyer.
Show notes:
Transcript“Yale Law is no longer #1 for free speech debacles” by David Lat
“7 updates on Judge Kyle Duncan and Stanford Law” by David Lat
“The full audio recording of Judge Kyle Duncan at Stanford Law” by David Lat
Email to Stanford Law School from Dean Jenny Martinez
Stanford apology letter to Judge Kyle Duncan
Flyers protesting Stanford law event
“Shouting down speakers is mob censorship” by Nadine Strossen and Greg Lukianoff
Kalven Committee: Report on the university’s role in political and social action (University of Chicago report)
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Wed, 22 Mar 2023 - 57min - 188 - Ep. 182 Ilya Shapiro on Fox/Dominion and his ‘cancel culture nightmare’
Ilya Shapiro joins the show to discuss the fireworks in the Fox/Dominion defamation lawsuit, his recent speaking appearance at the University of Denver, and his “cancel culture nightmare” at Georgetown University.
Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute. He previously (and briefly) served as executive director and senior lecturer at the Georgetown Center for the Constitution and as a vice president at the Cato Institute.
Shapiro will speak at FIRE’s gala celebration in NYC on April 18. Reserve your tickets now at this link.
Show notes:
Transcript“My cancel culture nightmare is over” by Ilya Shapiro
“Ilya Shapiro resigns from Georgetown following reinstatement after 122-day investigation of tweets” (featuring Ilya’s resignation letter)
Ilya’s Substack, Shapiro’s Gavel
“Why the mental health of liberal girls sank first and fastest” by Jonathan Haidt
www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Fri, 10 Mar 2023 - 59min - 187 - Ep. 181 New York Times v. Sullivan and its future
The seminal 1964 Supreme Court decision in New York Times v. Sullivan limited the ability of public officials to silence their critics by successfully suing them for defamation. Sullivan made “American public officials more accountable, the American media more watchful, and the American people better informed,” said William Rehnquist, the late Chief Justice of the Supreme Court. But Sullivan is increasingly under attack from politicians, activists, and even sitting Justices of the Supreme Court. They believe the decision went too far, enabling the news media and others to defame others with little-to-no consequence. On today’s show, we are joined by lawyers Floyd Abrams (Cahill Gordon & Reindel), JT Morris (FIRE), and Matthew Schafer (Fordham Law) to discuss New York Times v. Sullivan and its future. Show notes:
TranscriptNew York Times Co. v. Sullivan (1964)
“Two Justices Say Supreme Court Should Reconsider Landmark Libel Decision” by Adam Liptak
“How to Restore Balance to Libel Law” by Glenn Reynolds
Florida HB 991, the anti-Sullivan bill
Matthew Schafer’s tweet thread on Florida’s HB 991
“New York Times v. Sullivan and the Forgotten Session of the US Supreme Court” by Matthew Schafer
“The Most Important Supreme Court Precedent for Freedom of the Press Is in Jeopardy” by Matthew Schafer and Jeff Kosseff
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Thu, 23 Feb 2023 - 1h 03min - 186 - Ep. 180 Super Bowl free speech fumble
FIRE’s Will Creeley and Aaron Terr join the show to discuss Phoenix, Arizona’s unconstitutional “clean zone” for Super Bowl LVII, Chicago Mayor Lori Lightfoot’s effort to get public school students to volunteer for her re-election campaign, recent polling on how much people really know about the First Amendment (sadly, not much), and Indiegogo, Kickstarter, and Crowdfundr canceling fundraisers for comic books they deemed politically unacceptable.
We also provide an update on the Hamline University Muhammad art censorship case.
Show notes:
Transcript “Phoenix ordinance restricting signs during Super Bowl is offsides on the First Amendment” “Here’s why Chicago Mayor Lori Lightfoot can’t ask teachers to help her reelection campaign” “Indie-no-go: Popular crowdfunding sites cancel fundraisers for comic books about gender identity and the U.S.-Mexico border” “Do Americans know their rights? Survey says: No.” “Hamline Faculty vote 71-12 to urge president to step down after academic freedom scandal”www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 09 Feb 2023 - 57min - 185 - Ep. 179 Artificial intelligence: Is it protected by the First Amendment?
What does the rise of artificial intelligence mean for the future of free speech and the First Amendment? Who is liable for what AI produces? Can you own a copyright for works produced by AI? Does AI itself violate intellectual property rights when it uses others’ information to generate content? What about that Morgan Freeman “deep fake”? And is ChatGPT going to make all of our jobs irrelevant?
Show notes:
TranscriptGuests:
Eugene Volokh, professor at UCLA School of Law David Greene, senior staff attorney and civil liberties director at the Electronic Frontier Foundation Alison Schary, partner at Davis Wright Tremainewww.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 26 Jan 2023 - 1h 04min - 184 - Ep. 178 The costs of offending religious sensitivities
A faculty member at Hamline University lost her job. Twelve staffers at the French satirical magazine Charlie Hebdo were murdered. And Salman Rushdie was repeatedly stabbed. All of them offended certain people’s religious sensitivities.
On today’s show, we are joined by Amna Khalid and Michael Moynihan to discuss the risks and costs of teaching, talking, writing, and creating art about religion, particularly Islam. We also discuss the recent #TwitterFiles reporting.
Amna Khalid is an associate professor of history at Carleton College and host of the podcast “Banished.” Michael Moynihan is a writer, reporter, and co-host of “The Fifth Column” podcast.
Show notes:
Transcript New York Times: “A Lecturer Showed a Painting of the Prophet Muhammad. She Lost Her Job.” by Vimal Patel The offending image “Most of All, I Am Offended as a Muslim” by Amna Khalid “Hamline Student Newspaper (the Oracle) Removed Published Defense of Lecturer Who Showed Painting of Muhammad” by Eugene Volokh “We must stand up to Iran’s threats to free speech” by FIRE’s Sarah McLaughlin (reflecting on the anniversary of the Charlie Hebdo attacks) “Capsule Summaries of all Twitter Files Threads to Date, With Links and a Glossary” by Matt Taibbiwww.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 12 Jan 2023 - 1h 22min - 183 - Ep. 177 Are Ann Coulter’s words really ‘violence’?
Do Ann Coulter’s words equal “violence”? Does Emerson College care more about not offending the Chinese Communist Party than protecting student free speech rights? And are faculty political litmus tests back in vogue? FIRE’s Alex Morey and Zach Greenberg join the show to discuss the latest in campus censorship.
Please support this show by donating to FIRE before the end of the year: thefire.org/support
Show notes:
Transcript “San Diego State University: University senate adopts policy imposing DEI requirement in reappointment, tenure, and promotion review process” “University of Illinois at Urbana-Champaign: Faculty up for promotion and tenure must submit diversity, equity, and inclusion statements, affirm university views” “‘Your words are violence!’ Cornell students shout down Ann Coulter in latest heckler’s veto to roil campuses this semester” by Amanda Nordstrom “Penn State defends canceling controversial event over ‘threats of violence,’ as police stood by during assaults on students” by Aaron Corpora “UC Davis feces-flingers lose their shit over movie screening” by James Jordan “Emerson still ‘kinda sus’ on free speech — so we’ve alerted their accreditor” by Graham Piro “Arrest of student in Boston a grim reminder of the danger facing Chinese dissidents on campus” by Sarah McLaughlin “Tennessee Tech still investigating, enforcing event ban on LGBTQ+ and theater groups that hosted drag show” by Amanda Nordstrom “Federal court distorts First Amendment, upholds Tennessee Tech’s punishment of professors for ‘Game of Thrones’ parody flyers” by Zach Greenbergwww.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Wed, 21 Dec 2022 - 52min - 182 - Ep. 176 Can a graphic designer be compelled to design a website for a same-sex wedding?
Hot on the heels of oral argument in 303 Creative LLC v. Elenis, FIRE’s Ronnie London and David Hudson join the show to discuss the case, as well as other high profile free speech cases at the Supreme Court this year.
Show notes:
Transcript Watch the video of the podcast conversation 303 Creative LLC v. Elenis Shurtleff v. City of Boston Kennedy v. Bremerton School District Gonzalez v. Google LLC Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith Jack Daniel’s Properties, Inc. v. VIP Products LLCwww.sotospeakpodcast.com YouTube: https://www.youtube.com/thefireorg Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 08 Dec 2022 - 1h 07min - 181 - Ep. 175 Jawboning, book banning, and LeBron James thinks hate speech isn’t free speech (also Elon Musk … again)
FIRE’s new Director of Public Advocacy Aaron Terr and the Cato Institute’s Will Duffield join the show to discuss a slew of recent free speech news. California gets it right on rap lyrics but wrong on coronavirus misinformation. One Texas school district repeatedly ventures into book banning. LeBron James spreads “hate speech” misinformation. Is government “jawboning” censorship? And, yes, Elon Musk . . . again.
Show notes:
Transcript Watch the video of the podcast conversation “VICTORY: After FIRE lawsuit, court halts enforcement of key provisions of the Stop WOKE Act limiting how Florida professors can teach about race, sex” “Jawboning against Speech: How Government Bullying Shapes the Rules of Social Media,” by Will Duffield “Fact Sheet: Texas School District Bans 'Gender Fluidity' from Library Shelves” “California Restricts Use of Rap Lyrics in Criminal Trials After Gov. Newsom Signs Bill,” “The ACLU Says California's Ban on COVID-19 ‘Misinformation’ From Doctors Is Gratuitous and Unconstitutional,” LeBron James, via Twitter: “So many damn unfit people saying hate speech is free speech.” “Markey fires back after Musk mocks his Twitter complaint” “Biden asked whether Elon Musk is ‘threat’ to national security, says relationships ‘worth being looked at’”www.sotospeakpodcast.com YouTube: https://www.youtube.com/thefireorg Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Tue, 22 Nov 2022 - 1h 12min - 180 - Ep. 174 Elon Musk, PayPal, and is New York trying to destroy Twitch?
FIRE’s Will Creeley and Aaron Terr join the show to discuss a slew of recent free speech news: What do we make of Elon Musk buying Twitter? Is PayPal fining its users $2,500 for promoting “misinformation”? Is New York trying to destroy Twitch? And do public employees in Charlottesville, Va., need to shut their mouths to keep their jobs? Also, how’s FIRE’s off-campus expansion going?
Show notes:
Transcript Open letter to Elon Musk from Greg Lukianoff on preserving free expression on social media “Elon Musk’s business ties deserve more scrutiny” by Matt Yglesias “Welcome to geriatric social media” by Charlie Warzel “Silicon Values: The future of free speech under surveillance capitalism” by Jillian C. York “PayPal is no pal to free expression” by Aaron Terr “Did PayPal reverse course on proposed speech-chilling policies?” by Aaron Terr “Did PayPal quietly bring back its financial penalty for spreading ‘misinformation’?” by Aaron Terr “The Internet Is Not Facebook: Why Infrastructure Providers Should Stay Out of Content Policing” by Corynne McSherry and Jillian C. York New York attorney general report on the Buffalo shooting, social media, and livestreaming “City’s new policy wrongly muzzles employees” by Will Creeleywww.sotospeakpodcast.com YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 03 Nov 2022 - 58min - 179 - Ep. 173 Does your book need a sensitivity reader?
Do books need a special editor who reads for offensive content? And who gets to decide what’s offensive anyway? This week we are joined by authors Kat Rosenfield and Vesper Stamper to discuss censorial trends in book publishing, including the rise of so-called “sensitivity readers” and the sometimes successful campaigns to get books canceled before they are even published. We also explore adjacent debates: Is it appropriate to write outside of one’s identity or lived experience? And can authors write about people who do bad things without endorsing the bad things they do?
Show notes:
Transcript “The Toxic Drama on YA Twitter” by Kat Rosenfield “Berliners” by Vesper Stamper “No One Will Miss Her: A Novel” by Kat Rosenfield New York Times: “Sundance Liked Her Documentary on Terrorism, Until Muslim Critics Didn’t” “You Must Remember This: A Novel” by Kat RosenfieldYouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 20 Oct 2022 - 1h 18min - 178 - Ep. 172 What does the First Amendment protect on social media?
Does the First Amendment to the United States Constitution protect a private social media company’s right to moderate content on its platform?A new ruling from the U.S. Court of Appeals for the Fifth Circuit says it does not, and that a Texas law preventing viewpoint discrimination on social media platforms is constitutional.The issue is likely bound for the Supreme Court, setting up what is arguably the most consequential First Amendment legal case in a half-century. Institute for Free Speech Chairman and Founder Brad Smith and George Mason University law professor Ilya Somin join us to debate the ruling and the future of free speech on the internet.
Show notes:
Transcript Texas social media law, HB 20 5th Circuit Court of Appeals ruling in NetChoice v. Paxton 11th Circuit Court of Appeals ruling in NetChoice v. Attorney General, State of Florida Section 230 of the Communications Decency Act of 1996 Pruneyard Shopping Center et al v. Robins et al. (1980) Masterpiece Cakeshop, LTD. v. Colorado Civil Rights Commission (2018) “Governor Newsom Signs Nation-Leading Social Media Transparency Measure” Packingham v. North Carolina (2017)www.sotospeakpodcast.com YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Wed, 05 Oct 2022 - 1h 10min - 177 - Ep. 171 Nature Human Misbehavior
“Should academic journals appoint themselves social justice gatekeepers?”That is the question journalist and author Jonathan Rauch asks in responding to new ethics guidance from the academic journal Nature Human Behaviour. The journal introduces the guidance by ominously noting that “although academic freedom is fundamental, it is not unbounded.” It then goes on to discuss ways it will restrict publishing research that allegedly harms, stigmatizes, or otherwise “undermines the dignity or rights of specific groups” — even inadvertently.Rauch joins the show, along with University of Southern California professor Anna Krylov.
Show notes:
Transcript “Science must respect the dignity and rights of all humans” by Nature Human Behaviour (editorial announcing ethics guidelines) “Nature Human Misbehavior: politicized science is neither science nor progress” by Jonathan Rauch “The Peril of Politicizing Science” by Anna l. Krylov “The Doctrine of Academic Freedom” by Sandra Y.L. Korn (article advocating for “academic justice” in lieu of academic freedom)www.sotospeakpodcast.com YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 29 Sep 2022 - 1h 04min - 176 - Ep. 170 Free speech and the American Founding
This Saturday, Sept. 17, is Constitution Day. It was on this day in 1787 that delegates to the Constitutional Convention signed America’s Constitution. And while the First Amendment was not ratified until 1791, discussions over the role of free speech and expression in a democratic society were alive long before then.
Pepperdine University professor and author Gordon Lloyd joins the show this week to explore how the American conception of free speech came to be, from the colonial era to the ratification of the Bill of Rights. Drawing from over 40 years of research, Lloyd discusses examples of free speech and expression during the founding, ranging from 1641, when the Massachusetts Body of Liberties — the earliest known protection of free speech in the colonies — was published; to 1776, when free speech aided the decision to declare independence from Great Britain; to the late 1780s, when federalist and anti-federalist publications sparked, in Lloyd’s words, “the greatest pamphlet war the world has ever seen.”
Show notes:
Transcript The Bill of Rights Online Exhibit on AmericanFounding.org “The Essential Bill of Rights: Original Arguments and Fundamental Documents” edited by Gordon Lloyd and Margie Lloyd The Federalist Papers by James Madison, John Jay, and Alexander Hamilton and edited by George W. Carey and James McClellan “The Essential Antifederalists” edited by William B. Allen and Gordon Lloyd “Debates in the Federal Convention of 1787” by James Madison and edited by Gordon Lloyd “Free Speech: A History from Socrates to Social Media” by Jacob MchangamaYouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 15 Sep 2022 - 36min - 175 - Ep. 169 The Art of Insubordination
What can Charles Darwin teach us about dissent? What do the professional basketball careers of Wilt Chamberlain and Rick Barry tell us about conventional wisdom?On today’s show, George Mason University Professor Todd Kashdan helps us understand the value of principled dissent: what it is, how to do it, and the pitfalls to avoid. He is the author of “The Art of Insubordination: How to Dissent and Defy Effectively.”
Show notes:
Transcript Todd’s “Provoked” newsletter: “Enjoy new psychological angles on conventional practices.” Study: “Sexual Healing: Daily Diary Investigation of the Benefits of Intimate and Pleasurable Sexual Activity in Socially Anxious Adults” Study: “Is Martin Luther King or Malcolm X the more acceptable face of protest? High-status groups’ reactions to low-status groups’ collective action” “Brief, face-to-face canvassing reduces transgender prejudice, study says”YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 01 Sep 2022 - 1h 13min - 174 - Ep. 168 Assassin’s veto comes for Rushdie
Last week, a would-be assassin attacked Salman Rushdie, author of “The Satanic Verses,” in an apparent attempt to carry out the infamous fatwa placed on Rushdie’s life. Fortunately, Rushdie survived the attack. Vice News Tonight correspondent and “The Fifth Column” podcast co-host Michael Moynihan joins the show to discuss what happened, what it means for free speech, and the history of “The Satanic Verses” controversy.
Show notes:
Transcript Lara Bazelon’s keynote address at FIRE’s 2022 Student Network Conference “Sticks and Stones: Defeating the Culture of Bullying and Rediscovering the Power of Character and Empathy” by Emily Bazelon “From Fatwa to Jihad: The Rushdie Affair and Its Aftermath” by Kenan Malik Kenan Malik BBC Newsnight clip arguing that “The Satanic Verses” “wouldn’t even be written today, let alone published.” “The Tyranny of Silence” by Flemming Rose “Kindly Inquisitors: The New Attacks on Free Thought” by Jonathan Rauch “Free Speech: A History from Socrates to Social Media” by Jacob Mchangama “Private Opinion in America,” a national quantitative survey from Populace Insights that reveals Americans’ private opinions about sensitive topics “The Jewel of Medina: A Novel” by Sherry Joneswww.sotospeakpodcast.com YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Wed, 17 Aug 2022 - 1h 02min - 173 - Ep. 167 That Facebook post about abortion could land you in jail
When the Supreme Court overturned Roe v. Wade, eliminating the constitutional right to an abortion in the United States, many people expected states to pass laws restricting access to abortion services. Perhaps less expected was that some lawmakers now seek to pass laws restricting — and criminalizing — speech about abortion services.
FIRE Legal Director Will Creeley and FIRE Senior Fellow and former ACLU President Nadine Strossen join the show to discuss their recent essay, “That Facebook post about abortion could land you in jail — if South Carolina legislators have their way.”
Show notes:
Transcript Text of South Carolina bill criminalizing speech about abortion National Right to Life Committee model legislation National Institute of Family and Life Advocates v. Becerra (2018) Bigelow v. Virginia (1975) UNC Chapel Hill student government commits to follow First Amendment after suggesting it wouldn’t fund pro-life student groupswww.sotospeakpodcast.com YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 11 Aug 2022 - 50min - 172 - Ep. 166 Substack, a platform for free speech?
Substack — the popular newsletter and publishing service — has made a name for itself by swimming against the current: As many technology companies devise new ways to censor or moderate content on their platforms, Substack made free speech one of its core values and, in doing so, has attracted bloggers and journalists from across the political spectrum.
“While we have content guidelines that allow us to protect the platform at the extremes, we will always view censorship as a last resort, because we believe open discourse is better for writers and better for society,” proclaimed Substack’s founders.
Lulu Cheng Meservey is Vice President of Communications for Substack. She went viral earlier this year when she tweeted about why free expression is an important principle for Substack. She joins us this week to discuss Substack, free speech, and the new media ecosystem.
Show notes:
Transcript Lulu’s viral tweet thread “Society has a trust problem. More censorship will only make it worse.” by Hamish McKenzie, Chris Best, and Jairaj Sethi Substack’s “Content Guidelines” Substackers mentioned: Andrew Sullivan, Casey Newton, The Fifth Column, Patti Smith, George Saunders, Salman Rushdie, Kareem Abdul-Jabbar, Freddie deBoer, Nikita Petrov, Blocked and Reported John Stuart Mill’s “On Liberty”www.sotospeakpodcast.com YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 21 Jul 2022 - 46min - 171 - Ep. 165 Title IX gets twisted again
Last month, the U.S. Department of Education proposed new Title IX regulations that, if implemented, would gut essential free speech and due process rights for college students facing sexual misconduct allegations on campus.
Joining us to analyze the regulations and their impact are FIRE’s executive director and author of the book “Twisting Title IX,” Robert Shibley, Allen Harris Law Partner Samantha Harris, and Brooklyn College professor KC Johnson.
Show notes:
FIRE press release Proposed Title IX regulations Current Title IX regulations “Twisting Title IX” by Robert Shibley Lawsuits filed by students accused of sexual misconduct, 4/4/2011 through 01/07/21 Post Dear-Colleague Letter legal rulings and settlementswww.sotospeakpodcast.com YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 07 Jul 2022 - 49min - 170 - Ep. 164 ‘The First Amendment created gay America’
“Every advance gay people have made in this country has been the result of the exercise of free expression,” argues writer James Kirchick, author of the New York Times bestseller, “Secret City: The Hidden History of Gay Washington.”
Transcript:
https://www.thefire.org/so-to-speak-podcast-transcript-the-first-amendment-created-gay-america/
YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Thu, 23 Jun 2022 - 44min - 169 - Ep. 163 The new FIRE
Today, the Foundation for Individual Rights *in Education* becomes the Foundation for Individual Rights *and Expression*.
America’s leading defender of free speech, due process, and academic freedom in higher education announced it is taking its free speech mission beyond college campuses with a $75 million expansion initiative.
FIRE President & CEO Greg Lukianoff and FIRE COO Alisha Glennon join the show to discuss how the organization is changing and why.
YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast
Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org
Mon, 06 Jun 2022 - 1h 00min - 168 - Ep. 162 “Parental Advisory” and music censorship with Eric Nuzum
In this week’s episode of So to Speak, we focus on some of the notable cases of music censorship in America, the formation of the Parents Music Resource Center (PMRC), and the lasting effects of the PMRC’s efforts on the music industry.
Author Eric Nuzum joins us to discuss his 2001 book, “Parental Advisory: Music Censorship in America.” Nuzum illustrates examples of music censorship ranging from the Reconstruction era, when Southerners were prevented from publicly singing pro-Confederate ballads, to 1967, when the network that aired televised live performances by The Doors and The Rolling Stones asked the bands to alter their lyrics. Nuzum also discusses the PMRC’s “Filthy Fifteen”; Senate hearings featuring John Denver, Frank Zappa, and Dee Snider; post-9/11 radio censorship; and more recent controversies involving the use of rap lyrics as evidence in criminal trials.
www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 26 May 2022 - 42min - 167 - Ep. 161 What did ‘On the Media’ get wrong about free speech … again?
Twitter is going to become 8chan. At least, that’s what a recent episode of the popular radio program “On the Media” suggests will happen if Elon Musk successfully buys Twitter.
Musk promised to bring greater free speech protections to the social media platform. But where Musk sees an opportunity for more freedom, some see the potential for too much freedom. On today’s episode of So to Speak: The Free Speech Podcast, Matt Taibbi, Nadine Strossen, and Amna Khalid discuss what “On the Media” got wrong and what they got really wrong in their episode “Ghost in the Machine.” (No, “On the Media,” Twitter will not become a platform for child pornography.)
This is the second time we have addressed bad free speech arguments from “On the Media.” The first time was last September, when this same group responded to the episode, “Constitutionally Speaking.”
Matt Taibbi is the author of four New York Times bestselling books. He writes a popular Substack newsletter, TK News.
Nadine Strossen is a professor of law, emerita at New York Law School and served for 17 years as the president of the ACLU.
Amna Khalid is an associate professor of history at Carleton College and the host of a new podcast called “Banished.”
www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Mon, 09 May 2022 - 1h 15min - 166 - Ep. 160 Hugh Hefner, free speech scrapbooker
Did you know Hugh Hefner holds the Guinness World Record for owning the largest personal scrapbook collection in the world?When he was not building the global Playboy empire, he spent his Saturdays compiling more than 3,000 scrapbooks, chronicling free speech and press issues during his lifetime.
Stuart N. Brotman, professor at the University of Tennessee, Knoxville, was granted exclusive access to Hefner’s scrapbooks. On today’s episode, he talks about what he found and about his new book, “The First Amendment Lives On: Conversations Commemorating Hugh M. Hefner's Legacy of Enduring Free Speech and Free Press Values.”
Show notes:
Transcriptwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 05 May 2022 - 45min - 165 - Ep. 159 Disney and Elon Musk
Does Disney have free speech rights? And did Florida violate the First Amendment when it punished the company for its political activism? Elon Musk is buying Twitter. What should free speech advocates make of that?
Recurring guest and famed First Amendment scholar Robert Corn-Revere is here to break it all down for us. He’s a partner at the law firm Davis Wright-Tremaine, a member of FIRE’s Advisory Council, and the author of “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma.”
Show notes:
Transcript Subscribe to First Amendment News “Punishing Disney for Opposing Florida’s ‘Don’t Say Gay’ law poses Serious First Amendment Problems” by Robert Corn-Revere Open letter to Elon Musk from Greg Lukianoff on preserving free expression on social media Press Release: “Elon Musk to Acquire Twitter” Electronic Frontier Foundation: “Twitter Has a New Owner. Here’s What He Should Do.”www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Tue, 26 Apr 2022 - 39min - 164 - Ep. 158 What is academic freedom?
What is academic freedom? And who polices its boundaries?
Our guests on today’s show argue that the popular conception of academic freedom has become too closely connected with the concept of free speech.
Penn State Professor Michael Bérubé and Portland State Professor Jennifer Ruth are the authors of “It’s Not Free Speech: Race, Democracy, and the Future of Academic Freedom.”
Show notes:
Transcript The AAUP’s 1915 and 1940 statements on academic freedom The AAUP’s “On Freedom of Expression and Campus Speech Codes” “When Professors’ Speech Is Disqualifying” by Michael Bérubé and Jennifer Ruth “Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State” by Robert C. Post “How Genetics Is Changing Our Understanding of ‘Race’” by David Reich SUNY Fredonia: Philosophy Professor Suspended for Philosophizing About Pedophilia, the Stephen Kershnar case “Hate Speech and the Limits of Free Expression,” Kenyon College panel featuring Ulrich Baer (video)www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 21 Apr 2022 - 1h 26min - 163 - Ep. 157 Former BBC bureau chief Konstantin Eggert and what you need to know about censorship in Russia
Konstantin Eggert, a native Muscovite, has reported on Russia since the fall of the Soviet Union. He started his reporting career in Moscow in 1990. From 1998-2009, he was senior correspondent, then editor-in-chief, of the BBC Russian Service Moscow bureau. Later he worked for ExxonMobil Russia and Russian media outlets, Kommersant and TV Rain.
Now, living in Lithuania, Eggert is a vocal critic of the Putin regime and has more than a few thoughts on censorship in Russia: specifically, how it compares to Soviet censorship, the decline of independent media in the country, Russian history, and the war in Ukraine.
Eggert currently works for a German broadcaster, Deutsche Welle.
Show notes:
Transcript Eggert on Twitter: @kvoneggert Rulers and Victims: The Russians in the Soviet Unionwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Mon, 11 Apr 2022 - 1h 22min - 162 - Ep. 156 What Russians don’t know about the war in Ukraine
The Russian government has purged independent media, banned protests, and shut down social media access. So, do Russians know the truth about the war in Ukraine?
Ksenia Turkova is a journalist from Russia who currently works for Voice of America. Before coming to the United States she worked for a number of Russian news outlets, including some that were shut down by the Russian government. She also spent time as a radio host in Ukraine.
On today’s episode of “So to Speak: The Free Speech Podcast,” Turkova shares her reporting on Russian censorship and the war in Ukraine, as well as some of her firsthand experiences as a reporter in the country.
www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 24 Mar 2022 - 48min - 161 - Ep. 155 The John Roberts Supreme Court
“No chief justice in our history has had as much influence on the law of freedom of expression as John Roberts,” according to Ronald K.L. Collins and David L. Hudson Jr.
They are the authors of a new Brooklyn Law Review article, “The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005–2021.”
On today’s episode of “So to Speak: The Free Speech Podcast,” Collins and Hudson review 58 First Amendment rulings that have been issued since John Roberts became Chief Justice of the United States Supreme Court.
Collins is a First Amendment scholar, author, and editor of First Amendment News. Hudson is the Justice Robert H. Jackson legal fellow at FIRE and a professor at Belmont University College of Law.
Transcript: https://www.thefire.org/so-to-speak-podcast-transcript-the-john-roberts-supreme-court/
www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 10 Mar 2022 - 1h 00min - 160 - Ep. 154 Sarah Palin v. New York Times
On today’s episode of “So to Speak: The Free Speech Podcast,” we are joined by Robert Corn-Revere and David Hudson to discuss Sarah Palin v. New York Times, a defamation case that has captured national attention. Corn-Revere is a partner at Davis Wright Tremaine LLP and the author of the new book, “The Mind of the Censor and the Eye of the Beholder.” Hudson is the Justice Robert H. Jackson legal fellow at FIRE and a professor at Belmont University College of Law.
www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Tue, 22 Feb 2022 - 41min - 159 - Ep. 153 Elitist vs. egalitarian free speech (live recording, Q&A)
On today’s episode, we feature a live recording of “So to Speak: The Free Speech Podcast” with Jacob Mchangama, author of “Free Speech: A History from Socrates to Social Media,” in conversation with FIRE’s Greg Lukianoff, Sarah McLaughlin, host Nico Perrino, and NYU professor Stephen D. Solomon.
The panelists discuss how lessons from free speech movements throughout world history can help explain today’s divisions over the value of free speech, and how conflicts between egalitarian and elitist schools of free speech thought are still with us in the digital age.
This recording was a co-sponsored event with First Amendment Watch at New York University.
www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Fri, 04 Feb 2022 - 1h 08min - 158 - Ep. 152 Banning critical race theory
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by FIRE’s Joe Cohn and the American Enterprise Institute’s Max Eden to debate and discuss legislative efforts to ban critical race theory, or so-called “divisive concepts,” from being taught in schools.
Transcript Virginia Gov. Glenn Youngkin’s executive order on critical race theory “Ban Critical Race Theory now” by Max Eden “Legislative efforts to address teachings on race pose threats to academic freedom” by Joe Cohn “State legislatures continue efforts to restrict academic freedom” by Tyler Coward “13 important points in the campus & K-12 ‘critical race theory’ debate” by Greg Lukianoff et al.www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 20 Jan 2022 - 1h 19min - 157 - Ep. 151 Fighting words
There are very few exceptions to the First Amendment. “Fighting words” is one of them. But since the Supreme Court first outlined this exception in 1942, it hasn’t shown much interest in revisiting the issue.
On today’s episode of So to Speak: The Free Speech Podcast, we’re joined by First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr., who argues the “fighting words” doctrine is still alive and well in lower courts and is used to justify punishing everything from toilet tirades to cursing in a canoe.
Transcript Fighting words overview “The Fighting Words Doctrine: Alive and Well in the Lower Courts” by David Hudson “Can anti-profanity laws and the fighting words doctrine be squared with the First Amendment?” by David Hudson Chaplinsky v. New Hampshire (1942) FIRE’s TikTok video about Chaplinsky Cohen v. California (1971) Gooding v. Wilson (1972) Lewis v. City of New Orleans (1974) City of Houston v. Hill (1987) Texas v. Johnson (1989)www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 13 Jan 2022 - 45min - 156 - Ep. 150 George Orwell
Who was Eric Arthur Blair, better known by his pen name “George Orwell?”
On today’s episode of So to Speak: The Free Speech Podcast, we explore the life and work of an author who died at the age of 46 but whose writings — namely “Animal Farm” and “1984” — still help to shape our understanding of the freedoms of speech and conscience.
Joining us for the discussion is the author of Orwell’s authorized biography, Indiana State University professor Michael Shelden. Shelden’s biography of Orwell was a finalist for the Pulitzer Prize in 1992.
Show notes
Transcriptwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Tue, 14 Dec 2021 - 1h 03min - 155 - Ep. 149 Caitlin Flanagan and Greg Lukianoff
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by The Atlantic magazine Staff Writer Caitlin Flanagan and FIRE President and CEO Greg Lukianoff to discuss a wide range of topics, including Caitlin’s articles that touch on free speech, her growing up in Berkeley, Calif. the daughter of a professor, and newsroom orthodoxies and censorship.
Show notes:
Transcript Caitlin’s The Atlantic article archive “Can We Take a Joke?” documentary “That’s Not Funny!” by Caitlin Flanagan “The Dark Power of Fraternities” by Caitlin Flanagan Dave Chappelle’s “The Closer” Columbia University: Ideological litmus tests at Teachers College Emerson College: Conservative student group investigated for distributing “China Kinda Sus” stickers “Advancing Health Equity: A Guide to Language, Narrative and Concepts” by the American Medical Association and the Association of American Medical Colleges “Letters to a Young Contrarian” by Christopher Hitchenswww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Tue, 23 Nov 2021 - 1h 09min - 154 - Ep. 148 University of Austin, a new university devoted to free speech
Pano Kanelos believes higher education is broken. But he isn’t waiting for colleges and universities to fix themselves. He’s starting his own.
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Kanelos who is the inaugural president of the University of Austin, a new university devoted to free speech and open inquiry. Its initial programming, a Forbidden Courses summer program, aims to foster spirited discussion about the most provocative questions that often lead to censorship or self-censorship at many other universities.
Kanelos is a Shakespeare scholar and the former president of St. John's College in Annapolis, Md. He co-founded the University of Austin with Niall Ferguson, Bari Weiss, Heather Heying, and Joe Lonsdale.
Show notes:
Transcript University of Austin website “We Can’t Wait for Universities to Fix Themselves. So We’re Starting a New One.” by Pano Kanelos New York Times: “They Say Colleges Are Censorious. So They Are Starting a New One.” “I’m Helping to Start a New College Because Higher Ed Is Broken” by Niall Fergusonwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Tue, 09 Nov 2021 - 46min - 153 - Ep. 147 ‘The Mind of the Censor’ with Robert Corn-Revere
Censors almost never think they are censors. They often see themselves as heroes, saving the world from the destructive effects of rock ‘n’ roll, movies, comic books, pornography, video games, the internet, etc.
On today’s episode of So to Speak: The Free Speech Podcast, author Robert Corn-Revere joins us to discuss how censors operate and why they never occupy the moral high ground. Robert is an attorney and partner at Davis Wright Tremaine LLP and the author of the new book, “The Mind of the Censor and the Eye of the Beholder.”
Show notes:
Transcriptwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 28 Oct 2021 - 1h 02min - 152 - Ep. 146 Trigger warnings and DEI statements
A consensus has emerged from a growing pile of scholarly research: Trigger warnings don’t work.
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Carleton College associate professors Amna Khalid and Jeffrey Snyder to explore what the latest research says about the efficacy of trigger warnings. We also discuss one of the more contentious debates surrounding academic freedom: the rising prevalence of so-called diversity, equity, and inclusion statements for college faculty job applications and evaluations.
Show notes:
Transcript “How to Fix Diversity and Equity” by Amna Khalid and Jeffrey Snyder “The Data Is In — Trigger Warnings Don’t Work” by Amna Khalid and Jeffrey Snyder Why We Don’t Use Trigger Warnings — An Animated Guidewww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 14 Oct 2021 - 1h 10min - 151 - Ep. 145 First Amendment history with Yale Professor Akhil Amar
September 25 was First Amendment Day in America — the anniversary of the date in 1789 when Congress approved 12 amendments to our Constitution, including what we today call the Bill of Rights.
On today’s episode of So to Speak: The Free Speech Podcast, we discuss the origin story and history of America’s First Amendment and its five freedoms.
To do so, host Nico Perrino is joined by Sterling Professor of Law and Political Science at Yale University Akhil Reed Amar. Amar is the author of “The Words That Made Us: America’s Constitutional Conversation, 1760-1840” and the host of the podcast “Amarica’s Constitution.”
Show notes:
Transcript “The Words That Made Us: America’s Constitutional Conversation, 1760-1840” by Akhil Reed Amar “The First Amendment’s Firstness” by Akhil Reed Amar “How America’s Constitution Affirmed Freedom of Speech Even Before the First Amendment” by Akhil Reed Amarwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 30 Sep 2021 - 1h 36min - 150 - Ep. 144 Matt Taibbi, Nadine Strossen, and Amna Khalid respond to ‘On the Media’ free speech critiques
Last month, On the Media, a popular radio program from New York City’s WNYC, aired an episode that questioned free speech values and challenged so-called “free speech absolutism.”
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Matt Taibbi, Nadine Strossen, and Amna Khalid, who provide direct responses to many of the free speech critiques made in On the Media’s program.
Show notes:
Transcript On the Media’s free speech episode: “Constitutionally Speaking” “NPR trashes free speech. A brief response” by Matt Taibbi Famous Christopher Hitchens lecture defending free speech Tra lalalala song from Soviet Union Documentary: Mighty Irawww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 16 Sep 2021 - 1h 16min - 149 - Ep. 143 Politics and thought reform in K-12 education
Are America’s schools becoming too political?
FIRE’s Director of High School Programs argues, “Yes.” Bonnie Kerrigan Snyder is an educator with over 20 years of experience, and she’s worried by what she sees.
Amidst controversies surrounding so-called critical race theory, school walkouts, and standardized tests, Snyder increasingly hears reports of children “being indoctrinated, bullied, and harassed by their fellow students and teachers for not falling into line on various topics.”
On today’s episode of So to Speak: The Free Speech Podcast, we discuss Snyder’s new book, “Undoctrinate: How Politicized Classrooms Harm Kids and Ruin Our Schools—And What We Can Do About It.”
Show notes:
Transcript West Virginia State Board of Education v. Barnette (1943)www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 02 Sep 2021 - 52min - 148 - Ep. 142 Alfred Hitchcock and Hollywood’s Production Code
Hollywood’s Motion Picture Production Code, popularly referred to as the Hays Code, loomed over films in every stage of movie production from 1934 to 1968. Scripts were reviewed and altered. Actors and filmmakers were forced to redo entire scenes. Editors were asked to cut dialogue and scenes from films. Music was changed. Ultimately, directors had to be cognizant of the censors at all times.
In this episode of So to Speak: The Free Speech Podcast, we interview three prominent guests to track the history of film censorship and the eventual demise of the Hays Code.
John Billheimer, author of “Hitchcock and the Censors (Screen Classics),” explains Alfred Hitchcock’s unique methods for dealing with controversial subject matter.
Laura Wittern-Keller is a professor in the History department at the University at Albany and author of several books on film censorship, including “Freedom of the Screen: Legal Challenges to State Film Censorship, 1915-1981” and “The Miracle Case: Film Censorship and the Supreme Court.”
Bob Corn-Revere, partner at Davis Wright Tremaine, is a frequent guest on the show. His forthcoming book “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” is due out in October.
Show notes:
Transcript Mutual Film Corp. v. Industrial Comm’n of Ohio Joseph Burstyn v. Wilson United States v. Paramount Pictures Hitchcock and the Censors (Screen Classics) by John Billheimer Freedom of the Screen: Legal Challenges to State Film Censorship, 1915-1981 by Laura Wittern-Keller The Miracle Case: Film Censorship and the Supreme Court by Laura Wittern-Keller The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma by Bob Corn-Revere Hollywood's Censor: Joseph I. Breen and the Production Code Administration by Thomas DohertyThu, 12 Aug 2021 - 45min - 147 - Ep. 141 Morris Ernst, Free Speech Renegade
Morris Ernst may be the most influential free speech lawyer you’ve never heard of. He was the longtime general counsel for the ACLU, helped found the National Lawyers Guild, and just about single-handedly whittled away at obscenity laws in the United States — even litigating the famous “Ulysses” case, which overturned a 13-year ban on James’ Joyce’s renowned novel.
But he was an enigma: A staunch anti-communist and sometimes red-baiter, a close confidant of FBI Director J. Edgar Hoover, an unofficial PR agent for the FBI, and, later in his life, a crusader against the relative sexual permissiveness of the 1960s and ‘70s.
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by University at Buffalo School of Law Professor Samantha Barbas to discuss her new book, “The Rise and Fall of Morris Ernst, Free Speech Renegade.”
Show notes:
Transcript “The Rise and Fall of Morris Ernst, Free Speech Renegade” by Samantha Barbaswww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 29 Jul 2021 - 46min - 146 - Ep. 140 Free speech, psychology, and madness
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Stetson University Professor of Psychology Christopher J. Ferguson for a wide-ranging conversation about the psychology of censorship, the role of madness and eccentricity in shaping history, the effects of social media, the growing polarization and politicization of modern institutions, including academia, and more.
Ferguson is the author of the new book “How Madness Shaped History: An Eccentric Array of Maniacal Rulers, Raving Narcissists, and Psychotic Visionaries.” He also co-authored “Moral Combat: Why the War on Violent Video Games is Wrong,” which was the subject of a past So to Speak episode.
Show notes:
Transcript “Guns, Germs, and Steel: The Fates of Human Societies” by Jared M. Diamond “Repressive Tolerance” by Herbert Marcuse “Nudge: Improving Decisions About Health, Wealth, and Happiness” by Cass Sunsteinwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 15 Jul 2021 - 1h 21min - 145 - Ep. 139 Mahanoy v. B.L. Supreme Court ruling analysis
This week, the United States Supreme Court vindicated the First Amendment rights of a high school cheerleader who was punished for a salty Snapchat she sent outside of school. It was a resounding victory for free speech advocates and the first time the Supreme Court has considered a high school free speech case since its disappointing 2007 ruling in Morse v. Frederick.
On today’s episode of So to Speak: The Free Speech Podcast, we analyze the Supreme Court’s ruling in Mahanoy Area School District v. B.L. with FIRE Legal Director Will Creeley and FIRE Legal Fellow David Hudson.
Show notes:
Transcript Court opinion: Mahanoy Area School District v. B.L. Listen to an audio reading of the opinion via Free Speech Out Loud FIRE, NCAC, and CBLDF file brief in Mahanoy Area School District v. B.L., cheerleader Snapchat case before Supreme Courtwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Photo by Danna Singer/Provided by the ACLU
Thu, 24 Jun 2021 - 46min - 144 - Ep. 138 A history of Western censorship with Eric Berkowitz
Socrates’ fateful hemlock. Henry VIII’s death decree for those who imagined his downfall. The 1836 “Gag Rule” banning slavery discussions in Congress. Britain’s early ban on films criticizing Hitler and Stalin.
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by lawyer and writer Eric Berkowitz to discuss his fascinating new book, “Dangerous Ideas: A Brief History of Censorship in the West, from the Ancients to Fake News.”
Berkowitz’s “Dangerous Ideas” is a comprehensive and insightful adventure through time to examine censorship’s origins and trends.
Also joining the conversation is FIRE President and CEO Greg Lukianoff.
Show notes:
Transcript Washington Post: “Secret Consortium to Publish Rushdie in Paperback”www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 17 Jun 2021 - 1h 19min - 143 - Ep. 137 The Constitution of Knowledge with Jonathan Rauch
What differentiates Albert Einstein from a madman? How do we turn disagreement into knowledge? How do we know what’s true in a world filled with disinformation, conspiracy theories, trolling, and social media pile-ons?
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Brookings Institution Senior Fellow Jonathan Rauch to discuss his new book “The Constitution of Knowledge: A Defense of Truth,” which is set for release on June 22, 2021.
Also joining the conversation is FIRE President and CEO Greg Lukianoff.
Show notes:
Transcript “The Constitution of Knowledge” by Jonathan Rauch “Kindly Inquisitors: The New Attacks on Free Thought” by Jonathan Rauch “The Coddling of the American Mind” by Greg Lukianoff and Jonathan Haidtwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 03 Jun 2021 - 1h 13min - 142 - Ep. 136 Comic book panic!
Rebellion! Crime! Juvenile delinquency!
On today’s episode of So to Speak: The Free Speech Podcast, producer Chris Maltby explores the rise of comic books in the early 20th century and the moral panic, book burnings, and censorship that followed.
Show notes:
“The Ten-Cent Plague: The Great Comic Book Scare And How It Changed America” by David Hajdu “The Mind of the Censor and the Eye of the Beholder” by Bob Corn-Revere “A National Disgrace” by Sterling North “Puddles of Blood,” Time Magazine, 1948 Comic Book Legal Defense Fundwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 20 May 2021 - 42min - 141 - Ep. 135 Are education schools secretly driving campus censorship?
Are education schools secretly driving campus censorship?
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Lewis & Clark Associate Professor of English Lyell Asher to discuss his 2018 article for the Chronicle of Higher Education, “How Ed Schools Became a Menace.”
Also joining the conversation is FIRE President & CEO Greg Lukianoff, co-author of the bestseller “The Coddling of the American Mind.”
Show notes:
Transcript “Educating School Leaders” by Arthur Levine Yale University: Protesters at Yale Threaten Free Speech, Demand Apologies and Resignations from Faculty Members Over Halloween Email “Please Report to Your Resident Assistant to Discuss Your Sexual Identity—It’s Mandatory! Thought Reform at the University of Delaware” by Adam Kissel “Hard Words: Why Aren’t Kids Being Taught to Read” by Emily Hanford “At a Loss for Words: How a Flawed Idea is Teaching Millions of Kids to be Poor Readers” by Emily Hanford “Look Who’s Talking About Educational Equity” by Lyell Asher E.D Hirsch’s Core Knowledge curriculum “Other People’s Children: Cultural Conflict in the Classroom” by Lisa Delpit “Racial Microaggressions in Everyday Life” by Derald Wing Sue et al.www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 06 May 2021 - 1h 00min - 140 - Ep. 134 A cheerleader’s free speech case lands at the Supreme Court
Ninth grader Brandi Levy was frustrated when she didn’t make her high school’s varsity cheerleading team so she posted an intemperate video about it on Snapchat to her 250 “friends.”
Four years later, that video, which led to her suspension from the junior varsity cheer team, will take center stage at the United States Supreme Court.
Mahanoy Area School District v. B.L. is a case that University of Florida Professor Frank LoMonte says will determine “the future of student free speech.”
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by LoMonte, who also leads the Brechner Center for Freedom of Information, and FIRE Program Officer Lindsie Rank to discuss the Mahanoy case, which could answer some important lingering questions about student speech rights off-campus and on social media.
The Supreme Court is set to hear oral arguments in the case on Wednesday, April 28. A decision is expected this summer.
Show notes:
Transcript “The future of student free speech comes down to a foul-mouthed Cheerleader,” by Frank LoMonte FIRE, NCAC, and CBLDF file brief in Mahanoy Area School District v. B.L., cheerleader Snapchat case before Supreme Courtwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 22 Apr 2021 - 45min - 139 - [FIXED] Ep. 133 University of Wisconsin Professor Donald Downs
Editor's note: A previously published version of this episode featured an incorrect audio file for a different FIRE podcast. The error has been fixed and the correct audio file uploaded. We apologize for the error.
Retired University of Wisconsin Professor Donald Downs is a legendary champion of free speech and academic freedom. But before he became one of the country’s preeminent defenders of these values, he wrote a book that challenged prevailing free speech arguments.
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Professor Downs to discuss his journey from somewhat of a free speech skeptic to one of its most fervent defenders.
Transcript Free Speech and Liberal Education: A Plea for Intellectual Diversity and Tolerance (2020) Nazis in Skokie: Freedom, Community, and the First Amendment (1985) Restoring Free Speech and Liberty on Campus (2007)www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Mon, 12 Apr 2021 - 1h 12min - 137 - Ep. 132 Academic Freedom Alliance with Keith Whittington
On today’s episode of So to Speak: The Free Speech Podcast, we discuss the newly formed Academic Freedom Alliance, which is a union of American college faculty members dedicated to protecting faculty expressive and academic freedom rights.
Keith E. Whittington is the William Nelson Cromwell Professor of Politics in the Department of Politics at Princeton University. Professor Whittington is the chair of AFA’s Academic Committee. He also is a member of FIRE’s Board of Directors.
Transcriptwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 25 Mar 2021 - 58min - 136 - Ep. 131 ‘Incitement’ with David L. Hudson Jr.
There are very few exceptions to the First Amendment, and “incitement to imminent lawless action” is one of them. In the wake of former President Donald Trump’s impeachment trial over his alleged incitement of the Jan. 6 violence at the U.S Capitol, this obscure legal doctrine has captured headlines.
On today’s episode of So to Speak: The Free Speech Podcast, we discuss the incitement doctrine, and whether Trump’s Jan. 6 speech amounted to incitement, with First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr. He is an Assistant Professor of Law at Belmont University and the Justice Robert H. Jackson Legal Fellow at FIRE.
Transcript Brandenburg v. Ohio (1969) Transcript: Donald Trump speech at the Jan. 6 “Save America” rallywww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Mon, 08 Mar 2021 - 39min - 135 - Ep. 130 Stonewalling by the University of California
On today’s episode of So to Speak: The Free Speech Podcast, we explore a multi-year public records odyssey at the University of California, Los Angeles involving former Treasury Secretary Steven Mnuchin, a campus appearance, administrative stonewalling, and, finally, a successful lawsuit filed by FIRE.
And, on the eve of Student Press Freedom Day, we learn about the challenges student journalists face accessing public records in the University of California system and why access to such records is important for democracy and for student journalists to fulfill their watchdog role.
Show notes:
Transcriptwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 25 Feb 2021 - 18min - 134 - Ep. 129 ‘The Fight for Free Speech’ with Ian Rosenberg
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by media lawyer Ian Rosenberg to discuss his new book, “The Fight for Free Speech: Ten Cases That Define Our First Amendment Freedoms.”
Rosenberg is assistant chief counsel at ABC, Inc., where he has provided pre-broadcast counsel for ABC News clients on libel, newsgathering, intellectual property, and FCC regulatory issues since 2003.
Show notes:
Transcriptwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 11 Feb 2021 - 50min - 133 - Ep. 128 John McWhorter says academics are really, really worried
Last summer, Columbia University Professor John McWhorter wrote that he was receiving missives almost daily “from professors living in constant fear for their career because their opinions” are incompatible with campus orthodoxies. On today’s episode of So to Speak: The Free Speech Podcast, we catch up with McWhorter to discuss how the culture has changed (or not) since The Atlantic published his article, “Academics Are Really, Really Worried About Their Freedom.”
McWhorter is a member of FIRE’s Board of Directors and the host of the popular Lexicon Valley podcast.
Show notes:
Transcriptwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 28 Jan 2021 - 45min - 132 - Ep. 127 What happened to American childhood? with Kate Julian and Greg Lukianoff
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by senior editor at The Atlantic Kate Julian and FIRE President and CEO Greg Lukianoff to discuss rising rates of childhood depression, anxiety, and suicide.
How might these trends be connected to the way we parent our kids — and what do they mean for our wider society and for campus free speech?
Kate is the author of the 2020 Atlantic cover story, “What Happened To American Childhood?,” and this conversation is part of Greg’s “Catching up with Coddling” blog series, in which he reviews recent developments related to the themes of his co-authored 2018 book “The Coddling of the American Mind.”
Show notes:
Transcript "Catching up with Coddling part seven: The #MustListen Kate Julian interview, ‘Runaway Homophily,’ and the second ‘Coddling’ Caveat" by Greg Lukianoff, Adam Goldstein, and Ryne Weiss “What Happened To American Childhood” by Kate Julian “The Coddling of the American Mind: How Good Intentions and Bad Ideas are Setting up a Generation for Failure” by Greg Lukianoff and Jonathan Haidt “Catching up with Coddling” blog series “Why Are Young People Having So Little Sex” by Kate Julian Greg’s book recommendation: “Love, Money, and Parenting: How Economics Explains the Way We Raise Our Kids” by Matthias Doepke and Fabrizio Zilibottiwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 14 Jan 2021 - 57min - 131 - Ep. 126 Free speech after the Jan. 6 Capitol riot
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Reason Magazine Senior Editor Robby Soave and FIRE President and CEO Greg Lukianoff to discuss the Washington, DC Capitol riot of Jan. 6, 2021 and the effect it has had — and will have — on free speech, particularly speech on the internet.
Robby is the author of the forthcoming book “Tech Panic.”
www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Tue, 12 Jan 2021 - 1h 01min - 130 - Ep. 125 National Review’s Charles C.W. Cooke
On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by the editor of NationalReview.com, Charles C.W. Cooke, to discuss free speech philosophy, Christopher Hitchens, the October murder of a school teacher in France, and recent attacks on Section 230 of the Communications Decency Act.
Show notes:
Transcript “Hate Speech and the Limits of Free Expression,” a Kenyon College panel (video) “What ‘Snowflakes’ Get Right About Free Speech” by Ulrich Baer Christopher Hitchens - Free Speech (video) “Free Speech Without Apologies” by Charles C.W. Cookewww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 10 Dec 2020 - 1h 06min - 129 - Ep. 124 ‘Burning the Books’ with Richard Ovenden
On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by Richard Ovenden to discuss his new book, “Burning the Books: A History of the Deliberate Destruction of Knowledge.”Ovenden is the Director of the Bodleian Libraries at the University of Oxford and a Fellow of Balliol College. In 2019, he was awarded the Order of the British Empire.
Show notes:
Transcriptwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Tue, 01 Dec 2020 - 49min - 128 - Ep. 123 Campus mobs, heckler’s vetoes, racial segregation, and a rogue student government!
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by FIRE’s Robert Shibley and Adam Goldstein to discuss recent cases of censorship — and a case of racial segregation — on campus.
Show notes:
Teaching history not permitted: St. John’s bulldozes academic freedom, punishes professor for posing question about ‘Columbian Exchange’ Portland’s Lewis & Clark College mandates racial segregation in orientation programming Dear University of North Texas: The ‘Heckler’s veto’ is not a good thing University of Northern Iowa administration must correct its student government’s refusal to recognize ‘hate group’ Students for Lifewww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Fri, 13 Nov 2020 - 54min - 127 - Ep. 122 U.S Constitution masterclass with Judge Douglas Ginsburg
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Senior Circuit Judge Douglas H. Ginsburg for a masterclass on the history of the U.S. Constitution.
Judge Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986 and served as that court’s Chief Judge from 2001-2008. He is also a Professor of Law at George Mason University and the host of the new PBS television series about the U.S. Constitution, “A More or Less Perfect Union, A Personal Exploration by Judge Douglas Ginsburg.”
Show notes:
Transcript “A More or Less Perfect Union” is available via Amazon (Prime), the Free to Choose Network, and PBS. Judge Ginsburg recommended book: From Parchment to Power: How James Madison Used the Bill of Rights to Save the Constitution Judge Ginsburg in conversation with America’s founding fathers (video) New FIRE documentary, “Mighty Ira: A Civil Liberties Story,” now streaming via Amazon (Prime), iTunes, Google Play, and YouTube Movies.www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 29 Oct 2020 - 44min - 126 - Ep. 121 Hugh M. Hefner First Amendment Awards
Since 1980, the Hugh M. Hefner First Amendment Awards have recognized those who go above and beyond to protect and enhance First Amendment rights.
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Christie Hefner, who founded and chairs the awards, to discuss the awards’ origins and this year’s awardees in the categories of law, book publishing, journalism, arts & entertainment, education, and lifetime achievement.
From 1988 to 2008, Christie Hefner — daughter of Playboy founder Hugh Hefner — was Chairman and CEO of Playboy Enterprises, making her the longest-serving female CEO of a U.S. public company. For three years, she appeared on Forbes’ “100 Most Powerful Women” list.
Show notes:
Attend: 2020 Hugh M. Hefner First Amendment Awards, Oct. 19 6 p.m. ET 2020 Hugh M. Hefner First Amendment awardees MightyIra.com (Ira Glasser documentary) “Rap on Trial: Race, Lyrics, and Guilt in America” (So to Speak podcast) Immigration Nation documentarywww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 15 Oct 2020 - 41min - 125 - Ep. 120.1 Mighty Ira documentary watch-along
Watch-along as Co-Director Nico Perrino narrates the new documentary film about the life and career of former ACLU Executive Director Ira Glasser, “Mighty Ira: A Civil Liberties Story.”
Show notes:
MightyIra.com Watch Mighty Ira in virtual cinema through Angelika Film Centerwww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Mon, 12 Oct 2020 - 1h 42min - 124 - Ep. 120 ‘Mighty Ira’ Glasser
Former ACLU Executive Director Ira Glasser discusses the new film about his life and career, “Mighty Ira: A Civil Liberties Story.”The film, now in “virtual cinema,” makes the case for robust free speech protections amidst the “tough” cases, including the 1978 Skokie case and Charlottesville. Along the way, viewers will also learn about Glasser’s growing up in Brooklyn, his friendship with William F. Buckley Jr., his path to the ACLU, which led through Senator Bobby Kennedy’s office, and more.A May 2017 So to Speak interview with Glasser was the inspiration for the Mighty Ira documentary, and this interview is a reflection on some of what has happened since.
Show notes:
Transcript MightyIra.com Watch Mighty Ira in virtual cinema through Angelika Film Center “Traveling Hopefully,” 1981 documentary about ACLU Founder Roger Baldwin “Inherit the Wind,” 1960 film about ACLU “Scopes monkey trial” case Watch-along episode as Co-Director Nico Perrino narrates Mighty Irawww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Mon, 12 Oct 2020 - 1h 05min - 123 - Ep. 119 2020 College Free Speech Rankings
On today’s episode of So to Speak: The Free Speech Podcast, FIRE Senior Research Fellow Sean Stevens joins us to discuss the “2020 College Free Speech Rankings: What’s the Climate for Free Speech on America’s College Campuses?”
The rankings are based on the largest free speech survey of college students ever performed, which collected the views of 20,000 students. We discuss the best and worst colleges for free speech and other interesting data points from the survey: For example, 31% of students don’t believe President Donald Trump should be allowed on campus to share his views. And 22% said the same of former Vice President Joe Biden.
Show notes:
Explore the rankings Read the report View the press releasewww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 01 Oct 2020 - 49min - 122 - Ep. 118 David Goldberger, lead attorney in “the Skokie case”
He is most widely known for his role as lead attorney in what’s simply become known as “the Skokie case.”
But David Goldberger’s storied legal career goes far beyond his representation of neo-Nazis who wanted to rally in a village where a large number of Holocaust survivors lived.
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Goldberger to discuss his half century of practice in First Amendment law — including his four (successful) trips to the U.S. Supreme Court.
Show notes:
Transcript Anew FIRE documentary film, “Mighty Ira: A Civil Liberties Story” (featuring David Goldberger) “The Skokie case: How I came to represent the free speech rights of Nazis” by David Goldberger Cutter v. Wilkinson (2005) McIntyre v. Ohio Elections Commission (1995) Capitol Square Review and Advisory Bd v. Pinette (1995)www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Thu, 17 Sep 2020 - 55min - 121 - Ep. 117 What a summer …
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by FIRE’s Robert Shibley and Samantha Harris to discuss a whirlwind summer: FIRE has fielded a record number of requests for help, and this week the Department of Education’s much-anticipated new Title IX regulations go into effect. There’s also “cancel culture.”
Show notes:
FIRE’s recent cases “Law alone can’t protect free speech” by Greg Lukianoff and Adam Goldstein “In memoriam: Professor Mike Adams, 1964-2020” by Robert Shibley “What do you think of cancel culture?” by Nick Cavewww.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Fri, 14 Aug 2020 - 1h 03min - 120 - Ep. 116 ‘Journal of Controversial Ideas’ with Prof. Peter Singer
Princeton Professor Peter Singer has been called “the world’s most influential living philosopher.” But he may be as controversial as he is influential.
It’s perhaps fitting then that he is a founding editor of a new academic publication called the Journal of Controversial Ideas. The journal claims to be the world’s “first open access, peer-reviewed interdisciplinary journal specifically created to promote free inquiry on controversial topics.”
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Professor Singer to discuss the journal, academic freedom, and his own personal brushes with controversy.
A transcript of this episode can be found at this link.
www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org
Wed, 05 Aug 2020 - 44min
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