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DateTitreDurée
13 Nov 2020Ep. 123 Campus mobs, heckler’s vetoes, racial segregation, and a rogue student government!00:54:34
18 Apr 2019Ep. 83 Mustafa Akyol on jailing journalists in Turkey, ‘re-educating’ Uyghurs in China, and cultural conformity in America00:58:46

On today’s episode of So to Speak, we sit down with Cato Institute Senior Fellow Mustafa Akyol to discuss threats to freedom of thought and expression around the world, with a particular focus on situations in Turkey and China.

Akyol has been described by CNN’s Fareed Zakaria as “Turkey’s finest political analyst.” Prior to joining Cato, he was a senior fellow at The Freedom Project at Wellesley College, where he learned a thing or two about illiberalism in America. He is also a regular contributing opinion writer for The New York Times.

Show notes:

www.sotospeakpodcast.com
Follow us on Twitter: http://www.twitter.com/freespeechtalk
Like us on Facebook: http://www.facebook.com/sotospeakpodcast
Email us: sotospeak@thefire.org

27 Jun 2019Ep. 88 Defending libraries with James LaRue00:47:34

Community libraries have always been a target for would-be censors — and the past few months are no exception.

On today’s episode of So to Speak: The Free Speech Podcast, we explore past and present challenges to library content, and the unique role libraries play historically as bastions for free inquiry.

We are joined by James LaRue, an award-winning librarian and the former director of the American Library Association’s Office for Intellectual Freedom and the Freedom to Read Foundation

Show notes:

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

05 Mar 2020Ep. 105 ‘Rap on Trial’00:55:34

At a time when artistic expression has never enjoyed greater First Amendment protection, rap music has seemingly been left behind. Rap lyrics are routinely used as evidence by police and prosecutors to justify arresting and charging suspects for all manner of alleged crimes.

In their new book, “Rap on Trial: Race, Lyrics, and Guilt in America,” authors Erik Nielson and Andrea L. Dennis identify approximately 500 cases where the violent and aggressive themes within rap lyrics were used against defendants in court.

On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino speaks with Nielson and Dennis about their book, in which they argue that no other form of creative expression — or genre of music — is treated the same way as rap by the law. “That’s why we call this book ‘Rap on Trial.’ It’s not art on trial. It’s not music on trial. It’s rap on trial.”

Read the podcast transcript.

www.sotospeakpodcast.com
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25 Apr 2024Ep. 212: Should the First Amendment protect hate speech?01:06:59

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

21 Dec 2022Ep. 177 Are Ann Coulter’s words really ‘violence’?00:52:08

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:

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

12 Oct 2020Ep. 120 ‘Mighty Ira’ Glasser01:05:51

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:

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

24 Mar 2022Ep. 156 What Russians don’t know about the war in Ukraine ​00:48:05

​​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.

Transcript

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16 May 2018Ep. 59 Debating ‘Is there a campus free speech crisis?’ with Sullivan, Haidt, Nossel, Sachs, & Foster01:49:51

Is there a campus free speech crisis?

In March, FIRE staff discussed the question. On today’s episode of So to Speak: The Free Speech Podcast, we put the question to others and feature audio from a live debate that occurred on May 8 in New York City.

New York magazine’s Andrew Sullivan and New York University’s Jonathan Haidt argue, yes, there is a campus free speech crisis.

PEN America’s Suzanne Nossel and Acadia University’s Jeffrey Sachs argue, no, there is not.

Freethink’s Kmele Foster moderates.

The debate took place at The Village Underground and was sponsored by FIRE and the Comedy Cellar as a part of “The Underground Debate Series.”

Who do you think won the debate? Share your thoughts on social media and tag the podcast using @freespeechtalk on Twitter.

www.sotospeakpodcast.com

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Call in a question: 215-315-0100

04 Jun 2020Ep. 113 Charlottesville reflections with Rodney Smolla01:01:12

During the summer of 2017, a fierce dispute over the removal of Confederate monuments in Charlottesville, Va. captured national attention. 

The events that summer led to racial animosity and heated debate over our nation’s history and the First Amendment, and threw one historic city into turmoil, ultimately culminating in death and tragedy during the weekend of Aug. 11.

On today’s episode of So to Speak, we are joined by Rodney Smolla to reflect on what happened in Charlottesville. Smolla is Dean and Professor of Law at the Delaware Law School of Widener University. He is also the author of a new book, “Confessions of a Free Speech Lawyer: Charlottesville and the Politics of Hate.”

Editor’s note: This podcast was recorded on Wednesday, May 20, prior to the protests that began last week surrounding policing and race in America. Had these events taken place before our recording, they almost certainly would have been addressed, as there are many dots to connect between Charlottesville and our current moment, especially as they relate to race, the police, and our First Amendment rights.

Show notes:

www.sotospeakpodcast.com
Follow us on Twitter: https://www.twitter.com/freespeechtalk
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Email us: sotospeak@thefire.org

17 Aug 2022Ep. 168 Assassin’s veto comes for Rushdie01:02:01

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:

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

10 Oct 2024Ep. 226: ‘Shouting fire,’ deepfake laws, tenured professors, and mask bans01:05:35

The FIRE team discusses Tim Walz’s controversial comments on hate speech and “shouting fire in a crowded theater.” We also examine California’s AI deepfake laws, the punishment of tenured professors, and mask bans.

 

Joining us are:

Aaron Terr, FIRE’s director of Public Advocacy;

Connor Murnane, FIRE’s Campus Advocacy chief of staff; and

Adam Goldstein, FIRE’s vice president of strategic initiatives.

 

Read the transcript.

 

Timestamps:

00:00 Intro

01:51 Tim Walz’s comments on hate speech and “shouting fire”

15:36 California’s AI deepfake laws

32:05 Tenured professors punished for expression

54:27 Nassau County’s mask ban

1:04:39 Outro

 

Show notes:

Court cases:

Schenck v. United States (1919)

Brandenburg v. Ohio (1969)

National Socialist Party of America v. Village of Skokie (1977)

Texas v. Johnson (1989)

Snyder v. Phelps (2011)

Matal v. Tam (2017)

Virginia v. Black (2003)

NAACP v. Alabama (1958)

Kohls v. Bonta (this suit challenges the constitutionality of AB 2839 and AB 2655) (2024)

G.B. et al. v. Nassau County et al. (this class action lawsuit alleges Nassau County's Mask Transparency Act is unconstitutional and discriminates against people with disabilities) (2024)

Legislation:

AB 2839 

AB 2655

AB 1831

Title VI (Civil Rights Act of 1964)

Section 230 (Communications Decency Act of 1996)

Articles/Tweets:

This is amazing😂” Elon Musk via X (2024)

BREAKING: The Babylon Bee has obtained this exclusive, official, 100% real Gavin Newsom election ad.” The Babylon Bee via X (2024)

The 1912 war on fake photos.” Pessimists Archive via Substack (2024)

Professor fired for porn hobby vows to take university to court.” FIRE (2024)

Amy Wax is academic freedom's canary in the coal mine.” FIRE (2024)

In major hit to tenure, Muhlenberg fires pro-Palestinian professor.” FIRE (2024)

U.S. Department of Education’s Office for Civil Rights announces resolution of antisemitism investigation of Muhlenberg College.” U.S. Department of Education (2024)

12 Sep 2024Ep. 224: Ayn Rand, Objectivism, and free speech01:10:27

What happens when philosopher Ayn Rand’s theories meet free speech?

Tara Smith and Onkar Ghate of the Ayn Rand Institute explore Rand’s Objectivist philosophy, its emphasis on reason and individual rights, and how it applies to contemporary free speech issues. 

Smith and Onkar are contributors to a new book, “The First Amendment: Essays on the Imperative of Intellectual Freedom.” Listeners may be particularly interested in their argument that John Stuart Mill, widely regarded as a free speech hero, actually opposed individual rights.

Tara Smith is a philosophy professor at the University of Texas at Austin and holds the Anthem Foundation Fellowship in the study of Objectivism. Onkar Ghate is a senior fellow at the Ayn Rand Institute, where he teaches undergraduate and graduate courses on Objectivism.

 

Timestamps:

00:00 Intro

02:51 What is Objectivism?

06:19 Where do Objectivism and free speech intersect?

09:07 Did Rand censor her rivals?

13:54 Government investigations of communists and Nazis

18:12 Brazilian Supreme Court banning X

20:50 Rand’s USSR upbringing

24:39 Who was in Rand’s “Collective” group?

35:12 What is jawboning?

40:01 The freedom to criticize on social media

46:02 Critiques of John Stuart Mill

59:49 Addressing a critique of FIRE

01:09:01 Outro 

 

Transcript is HERE

 

Show notes:

20 Sep 2018Ep. 68 'True threats' with David L. Hudson Jr.00:43:01

There are very few exceptions to the First Amendment, and a “true threat” is one of them.

But defining a true threat isn’t easy. Ever since the U.S. Supreme Court first examined true threats in the 1969 case Watts v. United States, it’s been a messy doctrine. The court didn’t provide a definition of a true threat until many years after Watts, and even then questions still remained.

On today’s episode of So to Speak: The Free Speech Podcast, we discuss the true threats doctrine with First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr. He is the author of an ABA Journal article about true threats titled “When do rants exceed First Amendment boundaries and become true threats?”

Also, don’t miss Hudson tell the story of many important student free speech court cases as part of our “FIRE Starter” video series. You can watch the short videos on FIRE’s YouTube channel at YouTube.com/theFIREorg.

www.sotospeakpodcast.com
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24 Jun 2021Ep. 139 Mahanoy v. B.L. Supreme Court ruling analysis00:46:10

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:

www.sotospeakpodcast.com
Follow us on Twitter: https://www.twitter.com/freespeechtalk
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Photo by Danna Singer/Provided by the ACLU

09 Aug 2018Ep. 65 Artificial intelligence & speech rights00:58:03

How should we think about speech rights in the age of artificial intelligence and advanced robotics?

On today’s episode of So to Speak, we are joined by First Amendment scholars Ronald Collins and David Skover. They are the authors of the new book, Robotica: Speech Rights & Artificial Intelligence.

From the printing press to the internet, advances in communications technology often upset the established order and spawn demands for censorship. There is little reason to suspect advances in artificial intelligence will be treated differently. As free speech advocates, how should we respond to these demands?

To answer that question, Collins and Skover argue that we need to take a step back and ask some more fundamental questions about the values we seek to advance in protecting speech in the first place.

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13 Dec 2017Ep. 47 Institute for Justice President and General Counsel Scott Bullock00:56:28

The Institute for Justice doesn’t litigate your typical First Amendment cases.

They don’t take cases involving protest bans, controversial speakers, or political dissent. Instead, the libertarian, public-interest law firm takes cases often ascribed to the margins of First Amendment concerns by the public and even some judges: cases involving occupational speech, commercial speech, and campaign finance.

On this episode of So to Speak, we speak with IJ President and General Counsel Scott Bullock about the origin of IJ’s unique brand of First Amendment litigation. Bullock joined the organization at its founding in 1991 and was involved in all of its early free speech cases. We also discuss some of IJ’s current cases and some common arguments against its stances on First Amendment issues.

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09 Nov 2021Ep. 148 University of Austin, a new university devoted to free speech00:46:04

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:

www.sotospeakpodcast.com
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30 May 2018Ep. 60 ‘Speak Freely’ with Professor Keith Whittington01:00:27

In February, Princeton University President Christopher Eisgruber announced that he will distribute copies of “Speak Freely: Why Universities Must Defend Free Speech” to all Princeton students and faculty as part of the university’s annual “Pre-read” program.

On this episode of So to Speak, our guest is Princeton University Professor Keith Whittington, who is the author of “Speak Freely.” We discuss the latest campus free speech news at Princeton and across the county.

We are also joined by FIRE Vice President of Policy Research Samantha Harris, who is a Princeton alumna and Professor Whittington’s former student.

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Call in a question: 215-315-0100

29 Sep 2022Ep. 171 Nature Human Misbehavior01:04:19

“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:

www.sotospeakpodcast.com
YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast
Twitter: https://www.twitter.com/freespeechtalk
Facebook: https://www.facebook.com/sotospeakpodcast
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Email us: sotospeak@thefire.org

05 Aug 2020Ep. 116 ‘Journal of Controversial Ideas’ with Prof. Peter Singer00:44:15

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.

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29 Jul 2021Ep. 141 Morris Ernst, Free Speech Renegade00:46:10

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:

www.sotospeakpodcast.com
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04 Oct 2018Ep. 69 Former Solicitor General Donald B. Verrilli Jr.01:26:06

On today’s episode of So to Speak: The Free Speech Podcast, we partner with the First Amendment Salon to present a conversation between former Solicitor General of the United States Donald B. Verrilli Jr. and University of Washington School of Law scholar Ronald Collins.

Verrilli was solicitor general of the United States from June 2011 to June 2016 and during that time he argued dozens of cases in front of the U.S. Supreme Court, including many First Amendment cases. He is now a partner with Munger, Tolles & Olson, and the founder of its Washington, D.C. office.

During this conversation, Verrilli and Collins discuss Verrilli’s advocacy in front of the Supreme Court on First Amendment cases and beyond. Verrilli also provides his take on the future of the court.

The First Amendment Salon is a quarterly gathering of members of the First Amendment community for a 90-minute discussion with leading thinkers concerning a timely topic related to freedom of expression.

A video version of this and past First Amendment Salon conversations can be found on FIRE’s YouTube page. To learn more about the First Amendment Salon, visit the Salon’s archive on FIRE’s First Amendment Library.

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29 Nov 2018Ep. 73 ‘Uncensored’ with Zachary Wood01:09:01

Zachary Wood has become comfortable with uncomfortable conversations. He’s engaged in them his entire life — with his mom who suffers from schizoaffective disorder, with his neighbors in Washington, D.C.’s impoverished Ward 8 community, and with his friends at the elite private high school he commuted four hours round trip to each day.

So when Wood arrived at Williams College in 2014, he was prepared for the uncomfortable learning that comes along with uncomfortable conversations about the world’s most important and controversial issues. Unfortunately, he was quick to learn not everyone was up for the challenge — including his college president.

On today’s episode of So to Speak: The Free Speech Podcast, we talk with Wood about his new memoir, Uncensored: My Life and Uncomfortable Conversations at the Intersection of Black and White America.

Show notes:

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24 Jul 2019Ep. 90 ‘David French-ism’01:08:51

National Review senior writer and former FIRE President David French has become an “-ism.” 

On today’s episode of So to Speak: The Free Speech Podcast, French joins us to discuss “David French-ism” and “the battle dividing conservatives” over civil liberties.

Also joining us is FIRE’s current President & CEO Greg Lukianoff, author of The New York Times bestseller “The Coddling of the American Mind,” due out in paperback on Aug. 20.

Show notes:

www.sotospeakpodcast.com
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28 Oct 2021Ep. 147 ‘The Mind of the Censor’ with Robert Corn-Revere01:02:10

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:

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23 Jun 2022Ep. 164 ‘The First Amendment created gay America’00:44:39

“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/

www.sotospeakpodcast.com

YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast
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08 Jul 2020Ep. 114 Glenn Loury objects00:55:22

As protests against racial injustice continue across America, colleges and universities are increasingly speaking out in support of the protests. What’s more, some are also taking action to investigate or punish faculty critical of the protesters’ perceived aims.

What does this mean for academic freedom and freedom of speech? And does this signal a shift away from the idea, best exemplified by the University of Chicago’s Kalven Report, that there should be a “heavy presumption against the university taking collective action or expressing opinions on the political and social issues of the day?”

To discuss, we are joined by Glenn Loury, Merton P. Stoltz Professor of the Social Sciences at Brown University, who objected to a letter about the protests sent by Brown’s senior administrators.

Show notes:

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06 Jun 2024Ep. 216: Section 230 and online content moderation01:21:26

Did 26 words from an American law passed in 1996 create the internet?

Section 230 of the Communications Decency Act says that interactive websites and applications cannot be held legally liable for the content posted on their sites by their users.

Without the law, it’s likely Facebook, Amazon, Reddit, Yelp, and X wouldn’t exist — at least not in their current form.

But some say the law shields large tech companies from liability for enabling, or even amplifying, harmful content.

On today’s show, we discuss Section 230, recent efforts to reform it, and new proposals for content moderation on the internet.

Marshall Van Alstyne is a professor of information systems at Boston University.

Robert Corn-Revere is FIRE’s chief counsel.

Timestamps

0:00 Intro
3:52 The origins of Section 230?
6:40 Section 230’s “forgotten provision”
13:29 User vs. platform control over moderation
23:24 Harms allegedly enabled by Section 230
40:17 Solutions
46:03 Private market for moderation
1:02:42 Case study: Hunter Biden laptop story
1:09:19 “Duty of care” standard
1:17:49 The future of Section 230
1:20:35 Outro

Show Notes

- Show Transcript

- Hearing on a Legislative Proposal to Sunset Section 230 of the Communications Decency Act (May 22. 2024)

- “Platform Revolution” by Marshall Van Alstyne

- “The Mind of the Censor and the Eye of the Beholder” by Robert Corn-Revere

- “Protocols, Not Platforms: A Technological Approach to Free Speech” by Mike Masnick

- “Sunset of Section 230 Would Force Big Tech’s Hand” By Cathy McMorris Rodgers and Frank Pallone Jr.

- “Buy This Legislation or We’ll Kill the Internet” By Christopher Cox and Ron Wyden

- “Free Speech, Platforms & The Fake News Problem” (2021) by Marshall Van Alstyne

- “Free Speech and the Fake News Problem” (2023) by Marshall Van Alstyne

- “It’s Time to Update Section 230” by Michael D. Smith and Marshall Van Alstyne

Now It's Harvard Business Review Getting Section 230 Very, Very Wrong” by Mike Masnick

 

26 Apr 2022Ep. 159 Disney and Elon Musk00:39:04

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:

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01 Aug 2024Ep. 221: Section 230 co-author, Rep. Christopher Cox00:58:17

Some argue that Section 230 allows the internet to flourish. Others argue it allows harmful content to flourish.

Christopher Cox knows something about Section 230: He co-wrote it. 

Section 230 of the Communications Decency Act is an American law passed in 1996 that shields websites from liability for content posted on their sites by users. 

What does Rep. Cox make of the law today?

Rep. Cox was a 17-year member of the House of Representatives and is a former chairman of the Securities and Exchange Commission.

Timestamps

0:00 Intro

2:43 Did Section 230 create the modern internet?

7:48 America’s technological advancement

11:33 Section 230’s support for good faith content moderation

18:00 User privacy and age verification?

25:37 Rep. Cox’s early experiences with the internet

30:24 Did we need Section 230 in the first place?

37:51 Are there any changes Rep. Cox would make to Section 230 now?

42:40 How does AI impact content creation and moderation?

47:23 The future of Section 230

54:31 Closing thoughts

57:30 Outro

 

Show notes:

 

09 Nov 2023Ep. 199: Israel, Hamas, and censorship at home01:05:25

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

 

11 Jan 2018Ep. 49 “The Great Dissent” w/ Professor Thomas Healy01:03:02

Was our modern First Amendment born out of a chance encounter on a train bound for Boston in 1918?

On this episode of So to Speak, we speak with Seton Hall Law Professor Thomas Healy. He argues that Supreme Court Justice Oliver Wendell Holmes’ unlikely run-in with Judge Learned Hand in the summer of 1918 set off a series of events that culminated in a new trajectory for the First Amendment in America.

Professor Healy is the author of “The Great Dissent: How Oliver Wendell Holmes Changed His Mind and Changed the History of Free Speech in America.” The book explores how one man who claimed to disdain all constitutional rights ended up breathing new meaning into our first one.

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07 Feb 2019Ep. 78 LGBT equality and the First Amendment01:05:05

On today’s episode of So to Speak: The Free Speech Podcast, we speak with Rutgers Law School Professor Carlos Ball about his book, “The First Amendment and LGBT Equality: A Contentious History.”

During this conversation, we explore the history of how LGBT activists utilized the First Amendment to secure their rights, why Professor Ball considers that history “contentious,” and how debates surrounding liberty and equality have roiled America for over a century and continue to drive conversations about LGBT rights today.

Show notes:

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05 Sep 2019Ep. 93 ‘Coddling’ one year later00:46:15

One year ago this week, “The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure” was published.

On today’s episode of So to Speak: The Free Speech Podcast, we sit down with FIRE President & CEO Greg Lukianoff, who co-authored the book with Jonathan Haidt, to reflect on what’s changed — or hasn’t changed — in the intervening year.

Show notes:

Greg’s book references/recommendations:

 

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20 Mar 2020Ep. 107.1 "Coronavirus and the failure of the ‘Marketplace of Ideas’"00:16:56

"Coronavirus and the failure of the ‘Marketplace of Ideas’"
by Foundation for Individual Rights in Education President & CEO Greg Lukianoff, as read by Susan Kruth.

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21 Jul 2020Ep. 115 ‘Dare to Speak’ with PEN America’s Suzanne Nossel01:05:31

On today’s episode of So to Speak, we are joined by PEN America CEO Suzanne Nossel to discuss campus censorship, cancel culture, how different generations think about free speech, the attacks on Charlie Hebdo in 2015, and more. Nossel is the author of the forthcoming book, “Dare to Speak: Defending Free Speech for All.

Show notes:

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20 Jan 2022Ep. 152 Banning critical race theory01:19:20
25 Jul 2018Ep. 64 How censorship crosses borders with Jacob Mchangama01:33:20

On this episode of So to Speak, we chat with lawyer and free speech activist Jacob Mchangama. He is the founder and CEO of the Danish think tank Justitia, a visiting fellow at FIRE, and host of Clear and Present Danger: A History of Free Speech.

Mchangama is also the author of the lead essay for the Cato Institute’s June Cato Unbound online debate on the topic of “how censorship crosses borders.”

Our conversation focuses on the origins of Mchangama’s interest in free speech issues, the 2005 Jyllands-Posten Muhammad cartoons controversy, the history of free speech, and the critiques of his Cato Unbound essay.

Show notes:

Mchangama’s podcast, Clear and Present Danger: A History of Free Speech

June Cato Unbound debate, “Free speech in international perspective

Mchangama’s essays for Cato

So to Speak episode with Flemming Rose, who commissioned the Jyllands-Posten Muhammad cartoons

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01 Dec 2020Ep. 124 ‘Burning the Books’ with Richard Ovenden00:49:21

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:

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30 May 2019Ep. 86 Words, Violence, and Censorship at Williams College00:39:54

On today’s episode of So to Speak, we are joined by Williams College Professor of Biology Luana Maroja.

Professor Maroja’s experience growing up under a dictatorship in Brazil led her to become an outspoken advocate for free speech at Williams College and a skeptic of the idea that words are violence.

Show notes:

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25 Nov 2024Ep. 230: Wilson vs. FDR: Who was worse for free speech?01:09:43

Woodrow Wilson or Franklin D. Roosevelt: which president was worse for free speech?

In August, FIRE posted a viral X thread, arguing that Woodrow Wilson may be America’s worst-ever president for free speech. Despite the growing recognition of Wilson’s censorship, there was a professor who wrote a recent book on FDR’s free speech record, arguing that FDR was worse. 

Representing the Wilson side in our discussion is Christopher Cox, author of the new book, “Woodrow Wilson: The Light Withdrawn.” Cox is a former member of the House of Representatives, where he served for 17 years, including as chair of the Homeland Security Committee. He is currently a senior scholar in residence at the University of California, Irvine. 

Representing the FDR side is professor David T. Beito, a Research Fellow at the Independent Institute and Professor Emeritus at the University of Alabama. He is the author of a number of books, his latest being “The New Deal’s War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveillance.”

Read the transcript.

Timestamps: 

00:00 Intro

03:41 Wilson’s free speech record

15:13 Was FDR’s record worse than Wilson’s?

24:01 Japanese internment

29:35 Wilson at the end of his presidency

37:42 FDR and Hugo Black

42:31 The Smith Act

45:42 Did Wilson regret his actions?

50:31 The suffragists

56:19 Did FDR regret his actions?

01:02:04 Outro

Show notes:

05 Oct 2022Ep. 172 What does the First Amendment protect on social media?01:10:09

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:

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07 Mar 2019Ep. 80 Ten Worst Colleges for Free Speech: 201900:52:36

On today’s episode of So to Speak: The Free Speech Podcast, FIRE staffers discuss our 2019 list of the 10 Worst Colleges for Free Speech.

Participants in this show are:

  • Nico Perrino, host of So to Speak, director of communications
  • Will Creeley, senior vice president of legal and public advocacy
  • Adam Steinbaugh, director of FIRE’s Individual Rights Defense Program
  • Sarah McLaughlin, senior program officer for legal and public advocacy

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14 Nov 2024Ep. 229: Ayaan Hirsi Ali will not submit00:45:10

Ayaan Hirsi Ali grew up in a culture of conformity. She was beaten and mutilated. She was told who she must marry.

Eventually, she rebelled.

“You don’t speak up at first,” she told us. “First you leave and you find a place of safety. It’s only after that experience that it occurred to me to speak up about anything.”

Hirsi Ali is a human rights activist, a research fellow at the Hoover Institution, the founder of the AHA Foundation, and the host of the Ayaan Hirsi Ali Podcast. She is also the best-selling author of a number of books, including “Infidel,” “Nomad,” “Heretic,” and, “Prey.” Her latest initiative is Courage Media, which describes itself as a space for courageous conversations. 

Read the transcript.

Timestamps: 

00:00 Intro

04:36 Conformity and its consequences

09:03 Islam and free speech

16:38 Immigration and the clash of civilizations

26:03 Censorship and decline in higher education

34:14 Cost of criticism and finding one’s voice

37:20 Hope for the future

43:58 Outro

Show notes:

16 Sep 2021Ep. 144 Matt Taibbi, Nadine Strossen, and Amna Khalid respond to ‘On the Media’ free speech critiques01:16:29

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:

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28 Apr 2020Ep. 110 The Constitution in the age of coronavirus w/ Prof. Josh Blackman00:36:51

With much of the country under stay-at-home orders due to COVID-19, what do these orders mean for the five freedoms of the First Amendment?

On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino and constitutional law expert Josh Blackman will break it all down. Blackman is a professor of law at the South Texas College of Law in Houston and the author of three books, including his recently co-authored book with Professor Randy E. Barnett, “An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know.”

Show notes:

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12 Oct 2023Ep. 197 ‘Are cakes speech?’ with Alliance Defending Freedom’s Kristen Waggoner01:17:10

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:

https://www.thefire.org/research-learn/so-speak-podcast-transcript-are-cakes-speech-alliance-defending-freedoms-kristen

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:

 

Cases Discussed:

 

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04 Feb 2022Ep. 153 Elitist vs. egalitarian free speech (live recording, Q&A)01:08:05
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.

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12 Dec 2019The 100th episode: The state of free speech in America01:31:03

On today’s edition of So to Speak: The Free Speech Podcast, we celebrate 100 episodes by bringing back on the show popular past guests for a wide-ranging discussion on the state of free speech in America.

Joining us are:

  • Jonathan Rauch, senior fellow, Brookings Institution
  • Nadine Strossen, professor, New York Law School, past president of the ACLU (1991-2008)
  • Bob Corn-Revere, partner, Davis Wright Tremaine
  • Greg Lukianoff, president & CEO, Foundation for Individual Rights in Education

Show notes: 

24 Jan 2019Ep. 77 Campus speech roundup: Art censorship, porn filters, speech restrictions abroad, and litigation victories01:01:21

On today’s episode of So to Speak: The Free Speech Podcast, we are joined by four members of FIRE’s staff to discuss the latest campus free speech news, including two new FIRE initiatives to tackle art censorship and restrictions on free speech and academic freedom abroad.

Participants in this show are:

Nico Perrino, host of So to Speak, director of communications

Will Creeley, senior vice president of legal and public advocacy

Adam Steinbaugh, director of FIRE’s Individual Rights Defense Program

Marieke Tuthill Beck-Coon, director of litigation

Sarah McLaughlin, senior program officer for legal and public advocacy

Show notes:

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08 Feb 2018Ep. 51 University of Alaska President Emeritus Mark Hamilton00:58:17

In 2001, University of Alaska president Mark Hamilton made national headlines when he wrote a sternly worded memo declaring that freedom of speech on campus “CANNOT BE QUALIFIED” [emphasis original].


Hamilton retired from his position as University of Alaska president in 2010. However, his memo lives on in FIRE lore as the gold standard for a university president's response to a campus free speech controversy.


On this episode of So to Speak, we talk with Hamilton about his famous memo and what he makes of today’s campus free speech controversies. We also explore his illustrious career prior to becoming a university president, where he learned a thing or two about negotiation, talking across lines of difference, and defending the U.S. Constitution.


Hamilton has a master’s degree in English literature from Florida State University and taught English at West Point. He also spent 31 years in the U.S. Army, where he negotiated peace deals in El Salvador and Somalia, oversaw U.S. Army recruiting during the “be all you can be” era, and rose to the rank of Major General.


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15 Sep 2022Ep. 170 Free speech and the American Founding00:36:12

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:

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15 Feb 2024Ep. 206: CJ Hopkins compared modern Germany to Nazi Germany. Now he’s standing trial.01:14:24

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

Consent Factory 

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

Transcript

23 Nov 2021Ep. 149 Caitlin Flanagan and Greg Lukianoff01:09:09

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:

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26 Nov 2019Ep. 99 John Stuart Mill’s ‘On Liberty’01:27:31

On today’s episode of So to Speak: The Free Speech Podcast, we are joined by professor Dale E. Miller to discuss the life and philosophy of the English philosopher John Stuart Mill, whose 1859 essay “On Liberty” is a classic text — maybe the classic text — defending the principles of free expression.

Miller is a professor and associate dean for research and graduate studies at Old Dominion University. He is the author of J.S. Mill: Moral, Social, and Political Thought.

Show notes: 

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16 May 2019Ep. 85 Wen Fa of the Pacific Legal Foundation00:37:27

On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Wen Fa, an attorney with the Pacific Legal Foundation who regularly litigates free speech cases. One of his most high-profile cases was the 2018 Supreme Court case Minnesota Voters Alliance v. Mansky, dealing with a polling-place dress code in Minnesota.

Show notes:

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21 May 2024Ep. 215: ‘Private Censorship’ with J.P. Messina01:17:14

The First Amendment forbids government censorship. Private institutions, on the other hand, are generally free to restrict speech.

How should we think about private censorship and its role within a liberal society?

On today’s episode, we’re joined by J.P. Messina, an assistant professor in the philosophy department at Purdue University and the author of the new book, “Private Censorship.”

Also on the show is Aaron Terr, FIRE’s director of public advocacy.

Timestamps

0:00 Introduction

3:10 The origin story of “Private Censorship”

8:29 How does FIRE figure out what to weigh in on? 

12:04 Examples of private censorship 

18:24 Regulating speech at work 

22:21 Regulating speech on social media platforms

30:09 Is social media essentially a public utility?

35:50 Are internet service providers essentially public utilities? 

44:43 Social media vs. ISPs 

51:02 Censorship on search engines 

59:47 Defining illiberalism outside of government censorship

1:16:06 Outro

 

Show Notes

Episode transcript

Packingham v. North Carolina (2017)

Cloudflare’s announcement regarding the Daily Stormer

 

22 Feb 2022Ep. 154 Sarah Palin v. New York Times00:41:29

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. 

Transcript

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11 Apr 2022Ep. 157 Former BBC bureau chief Konstantin Eggert and what you need to know about censorship in Russia01:22:33

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:

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24 Jun 2020Rebroadcast: How Daryl Davis, a black man, defeats the Ku Klux Klan with open dialogue00:40:17
This episode is a rebroadcast from March 2017.
 
“If you spend five minutes with your worst enemy, you will find you have something in common,” said Daryl Davis. “If you spend 10 minutes, you’ll find you even have more in common. And the more you find that you have in common and build upon those things, the less the things that you have in contrast will begin to matter, like skin color.”
 
Since the early 90s, Davis, a black man, has taken up the curious pastime of befriending members of the Ku Klux Klan. The result? He has dozens of Klan robes at his home that were given to him by former Klan members who shed their racist beliefs after meeting him.
 
On today’s episode of So to Speak: The Free Speech Podcast, we explore how open dialogue and debate have shown Davis a path toward a more tolerant future.
 
02 May 2019Ep. 84 The fight to publish Allen Ginsberg’s ‘Howl’01:06:45

I saw the best minds of my generation destroyed by madness.”

So begins Allen Ginsberg’s famous poem “Howl.” You might be familiar with Allen Ginsberg. You might be familiar with the poem. But chances are you don’t know about the efforts in San Francisco in 1957 to censor the poem.

On today’s episode of So to Speak, we discuss those efforts with distinguished First Amendment scholar and recurring So to Speak guest Ronald K.L. Collins. He is the co-author, with David M. Skover, of the new book, “The People v. Ferlinghetti: The Fight to Publish Allen Ginsberg’s HOWL,” which recounts the story behind the publication of “Howl” and the courageous fight against its censorship.

Show notes:

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13 Jul 2023Ep. 191 Civil liberties and Civil War00:30:59

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:

 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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29 Feb 2024Ep. 207 Free speech news: NetChoice, Taylor Swift, October 7, and Satan01:23:29

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 

Bartnicki v. Vopper (2001)

Princeton no contact order 

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 

Iowa Satanism bill

Shurtleff v. Boston (2022)

“So to Speak”: Substack

Transcript

03 May 2018Ep. 58 ‘Lust on Trial’ with Amy Werbel01:09:33

Anthony Comstock is a name that has become synonymous with censorship in America.

In 1873, he founded the New York Society for the Suppression of Vice, and his career led to the confiscation or incineration of more than 3 million pieces of allegedly “obscene, lewd, or lascivious” material.

On this episode of So to Speak, we speak with Fashion Institute of Technology Professor Amy Werbel about her new book, “Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock,” and the legacy of Comstock’s “Comstockery.”

Don’t forget! Join us on May 8 at the Comedy Cellar in New York City for a live debate: “Is there a campus free speech crisis?” Tickets are now available from comedycellar.com.

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06 May 2021Ep. 135 Are education schools secretly driving campus censorship?01:00:27
22 Mar 2018Ep. 54 Masterpiece Cakeshop v. Colorado Civil Rights Commission01:31:34

In 2012, a same-sex couple entered Masterpiece Cakeshop and asked its owner, Jack Phillips, to create a cake for their wedding reception in Denver, Colorado. Phillips declined the request, reportedly telling the couple, “Sorry guys, I don’t make cakes for same-sex weddings.”

That brief, 20-second exchange eventually found its way to the U.S. Supreme Court, where it is now the subject of one of the most controversial First Amendment cases in years. The issue before the court is whether applying Colorado's public accommodations law to compel Phillips to create a cake for a gay wedding violates the free speech or free exercise clauses of the First Amendment.

On this episode of So to Speak, we feature a First Amendment Salon debate about the case that occured last month.

Arguing on the side of Masterpiece Cakeshop are Robert Corn-Revere (Davis Wright Tremaine) and Ilya Shapiro (Cato Institute). Arguing on the side of the Colorado Civil Rights Commission are John Paul Schnapper-Casteras (Schnapper-Casteras PLLC) and Sarah Warbelow (Human Rights Campaign). The debate is moderated by American University Law School Professor Stephen Warmiel.

A video version of this and past First Amendment Salon conversations can be found on the Foundation for Individual rights in Education’s YouTube page (youtube.com/thefireorg).

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02 Jan 2020Ep. 101 McCarthyism and The Red Scare01:08:48

“Are you now or have you ever been a member of the Communist Party?”

On today’s episode of So to Speak: The Free Speech Podcast, we explore how America’s fear of communism in the early- to mid-20th century led to firings and blacklists in Hollywood, government, and higher education — and how these actions compromised America’s treasured principles of free speech, free conscience, free association, and due process of law.

We are joined by Ellen Schrecker, a former professor at Yeshiva University and the author of Many Are the Crimes: McCarthyism in America and No Ivory Tower: McCarthyism and the Universities.

Click here for podcast transcript. 

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29 Mar 2024Ep. 210: The First Amendment at the Supreme Court01:23:11

“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 

So to Speak’ on Substack

Transcript

27 Apr 2023Ep. 186 Killer Mike on free speech, racial justice, and Rap on Trial00:44:34

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:

https://youtu.be/OBuXYtmQ8mw

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19 Apr 2018Ep. 57 Exploring threats to a free press with Laura Handman01:09:28

What are the greatest threats to a free press in America, and how have they changed in recent years?

On this episode of So to Speak, we speak with Laura R. Handman, who is a partner at Davis Wright Tremaine and a co-chair of the firm’s appellate practice. For 30 years, she has worked on free press issues ranging from defamation to reporter’s privilege. Her media clients include National Public Radio, Atlantic Media, Dow Jones, The Economist, Amazon, Bloomberg, and many more.

Don’t forget! Join us on May 8 at the Comedy Cellar in New York City for a live debate: “Is there a campus free speech crisis?” Tickets are now available from comedycellar.com.

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12 Dec 2024Ep. 231: What is academic freedom? With Keith Whittington01:07:00

“Who controls what is taught in American universities — professors or politicians?”

Yale Law professor Keith Whittington answers this timely question and more in his new book, “You Can’t Teach That! The Battle over University Classrooms.” He joins the podcast to discuss the history of academic freedom, the difference between intramural and extramural speech, and why there is a “weaponization” of intellectual diversity.

Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law.

Read the transcript.

Timestamps: 

00:00 Intro

02:00 The genesis of Yale’s Center for Academic Freedom and Free Speech

04:42 The inspiration behind “You Can’t Teach That!”

06:18 The First Amendment and academic freedom

09:29 Extramural speech and the public sphere

17:56 Intramural speech and its complexities

23:13 Florida’s Stop WOKE Act

26:34 Distinctive features of K-12 education

31:13 University of Pennsylvania professor Amy Wax

39:02 University of Kansas professor Phillip Lowcock

43:42 Muhlenberg College professor Maura Finkelstein

47:01 University of Wisconsin La-Crosse professor Joe Gow

54:47 Northwestern professor Arthur Butz

57:52 Inconsistent applications of university policies

01:02:23 Weaponization of “intellectual diversity”

01:05:53 Outro

Show notes:

03 Jul 2024Ep. 219: The First Amendment at the Supreme Court01:39:29

The Supreme Court term is over. We review its First Amendment cases.

Joining the show are FIRE Chief Counsel Bob Corn-Revere, FIRE General Counsel Ronnie London, and Institute for Justice Deputy Litigation Director Robert McNamara.

 

Become a FIRE Member today and gain access to live monthly webinars where you can ask questions of FIRE staff. The next webinar is July 8 at 1 p.m. ET. We will take your questions about the Supreme Court term.

Show Notes:

Transcript

Timestamps

0:00 Intro

2:53 Moody v. NetChoice and NetChoice v. Paxton


31:02 NRA v. Vullo

46:57 Murthy v. Missouri

1:06:04 Gonzales v. Trevino

1:17:58 Vidal v. Elster

1:26:04 O’Connor-Ratcliff v. Garnier and Lindke v. Freed

1:34:00 Loper Bright Enterprises v. Raimondo (the Chevron deference case)

1:37:26 Free Speech Coalition v. Paxton (forthcoming SCOTUS case)

1:38:30 Outro

 

19 Mar 2020Ep. 106 ‘Free speech and justified true belief’ w/ prof. Joseph Blocher01:13:48

Why is it important that we protect freedom of speech?

On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino speaks with Duke University School of Law professor Joseph Blocher, who argues that one of the most common justifications for free speech — creating a “marketplace of ideas” in our search for truth — rests on unstable ground in our “post-truth” era. In his article, “Free Speech and Justified True Belief,” Blocher argues for a reframing of this epistemic theory of free speech around knowledge, rather than truth.

Nico and Blocher are joined in their discussion by frequent guest and First Amendment News Editor Ronald K.L. Collins.

Show notes:

Video of conversation

Podcast transcript

“Coronavirus and the failure of the ‘Marketplace of Ideas’” by Greg Lukianoff

“Bans” by Joseph Blocher

National Institute of Family and Life Advocates v. Bacerra (2018)

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15 May 2023Ep. 187 Dominion vs. Fox lawyers reflect on historic case01:35:04

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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25 Oct 2023Ep. 198: 2023-24 Supreme Court Preview01:16:38

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)

18 Jul 2024Ep. 220: Political violence and speech01:05:47

Did overheated political rhetoric lead to the assassination attempt on former President Donald Trump?


On today’s show we explore political violence: its history, its causes, and its relationship with free speech.

Flemming Rose is a senior fellow at the Cato Institute. He previously served as foreign affairs editor and culture editor at the Danish newspaper Jyllands-Posten. In 2005, he was principally responsible for publishing the cartoons that initiated the Muhammad cartoons controversy.

 

Nadine Strossen is a professor emerita at New York Law School, former president of the ACLU, and a senior fellow at FIRE.

 

Jacob Mchangama is the founder and executive director of The Future of Free Speech. He is a research professor at Vanderbilt University and a senior fellow at FIRE.

 

Timestamps

 

0:00 Intro

2:45 Initial reactions to Trump assassination attempt

7:39 Can we blame political violence on rhetoric?

15:56 Weimar and Nazi Germany

26:05 Is the Constitution a “suicide pact”?

39:21 Is violence ever justified?

49:24 Censorship in the wake of tragedy and true threats

59:06 Closing thoughts

1:04:54 Outro

 

Show notes:

Episode transcript

Freedom of expression and social conflict” by Christian Bjørnskov and Jacob Mchangama

FIRE’s 2024 College Free Speech Rankings (featuring data on college student support for violence)

Recent court ruling in DeRay McKesson protest case

The Tyranny of Silence” by Flemming Rose

Free Speech: A History from Socrates to Social Media” by Jacob Mchangama

 

22 Aug 2019Ep. 92 Free speech, privacy, and President Trump’s Twitter account w/ Alex Abdo00:47:53
30 Sep 2021Ep. 145 First Amendment history with Yale Professor Akhil Amar01:36:50

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:

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03 Nov 2022Ep. 174 Elon Musk, PayPal, and is New York trying to destroy Twitch?00:58:27

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:

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25 Jan 2018Ep. 50 Randall Kennedy on ‘The Forgotten Origins of the Constitution on Campus’01:32:27

Has the history of how our constitutional rights came to be protected on campus been forgotten?


Professor Randall L. Kennedy believes it has. It’s a history even he wasn’t familiar with until recently. On this episode of So to Speak, Professor Kennedy explains how civil rights activists in the 1950s and 60s secured early victories for free speech, due process, and public assembly on high school and college campuses.


Professor Kennedy teaches courses on contracts, criminal law, and the regulation of race relations at Harvard Law School, and he is the author of “The Forgotten Origins of the Constitution on Campus.” Prior to arriving at Harvard, he was a law clerk for Justice Thurgood Marshall at the United States Supreme Court.


BONUS: Check out and subscribe to the new FIRE-sponsored podcast, Clear and Present Danger: A History of Free Speech.


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21 Dec 2023Ep. 202: The backpage.com saga01:03:38

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 

Backpage.com url

2018 Backpage indictment

Elizabeth Nolan Brown’s 2018 Backpage profile

Section 230 of the Communications Decency Act

NRA v. Vullo

The Travel Act



17 Oct 2019Ep. 96 Who was Hayden C. Covington?00:47:37

He brought 45 First Amendment cases to the United States Supreme Court between 1939 and 1955. His success rate before the court was second only to future Supreme Court Justice Thurgood Marshall. He handled as many as 50 major cases a year and is responsible for much of the First Amendment doctrine we take for granted today. Who was this man — and why have most free speech scholars and activists never heard of him?

On today’s episode of So to Speak: The Free Speech Podcast, we discuss the life and legacy of Hayden C. Covington, who for many years was legal counsel for the Jehovah’s Witnesses. We are joined by distinguished First Amendment scholar and recurring So to Speak guest Ronald K.L. Collins. Collins is the author of the Florida International University Law Review article “Thoughts on Hayden C. Covington and the Paucity of Litigation Scholarship.” 

Show notes:

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18 Dec 2024Ep. 232: We answer your free speech questions01:06:49

FIRE staffers take your questions on the TikTok ban, mandatory DEI statements, the Kids Online Safety Act, Trump vs. the media, and more.

Joining us:

  • Ari Cohn, lead counsel for tech policy

  • Robert Shibley, special counsel for campus advocacy

  • Will Creeley, legal director

This webinar was open to the public. Future monthly FIRE Member Webinars will not be. Become a paid subscriber today to receive invitations to future live webinars.

If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Timestamps:

00:00 Intro

00:52 Donate to FIRE!

02:49 TikTok ban

10:01 Ari’s work as tech policy lead counsel

12:03 Mandatory DEI statements at universities

15:19 How does FIRE address forced speech?

18:17 Texas’ age verification law

24:35 Would government social media bans for minors be a First Amendment violation?

33:48 Online age verification

35:17 First Amendment violations while making public comments during city council/school board public meetings

37:25: Edison, New Jersey city council case

39:48 FIRE’s role in educating Americans

41:55 If social media addiction cannot be dealt with like drugs, how can it be dealt with?

43:34 “Pessimists Archive” Substack and moral panics

45:27 Trump and the media

51:23 Gary Gadwa case

52:49 How to distinguish the freedom of speech versus freedom from social consequences?

55:53 Free speech culture is a “mushy concept”

57:58 ABC settlement with Trump

01:01:27 Nico’s upcoming book!

01:02:32 FIRE and K-12 education

01:04:40 Outro

Show notes:

TikTok Inc. and ByteDance LTD. v. Merrick B. Garland, in his official capacity as attorney general of the United States” (D.C. 2024)

Opinion: The TikTok court case has staggering implications for free speech in America” L.A. Times (2024)

H.B. No. 1181 (Tex. 2023; Texas age-verification law)

The Anxious Generation” Jonathan Haidt (2024)

S. 1409 - Kids Online Safety Act (2023-2024)

American Amusement MacH. Ass’n v. Kendrick (Ind. 2000)

Edison Township, New Jersey: Town Council bans props, including the U.S. flag and Constitution, at council meetings” FIRE (2024)

LAWSUIT: Arizona mom sues city after arrest for criticizing government lawyer’s pay” FIRE (2024)

"President Donald J. Trump v. J. Ann Selzer, Selzer & Company, Des Moines Register and Tribune company, and Gannett Co., Inc.” (2024)

Trump v. American Broadcasting Companies, Inc.” (2024)

New Jersey slaps down censorship with anti-SLAPP legislation” FIRE (2023)

FIRE defends Idaho conservation officer sued for criticizing wealthy ranch owner’s airstrip permit” FIRE (2023)

On Liberty” John Stuart Mill (1859)

Home Depot cashier fired over Facebook comment about Trump shooting” Newsweek (2024)

Free speech culture, Elon Musk, and Twitter” FIRE (2022)

Questions ABC News should answer following the $16 million Trump settlement” Columbia Journalism Review (2024)

Appellants’ opening brief — B.A., et al. v. Tri County Area Schools, et al.” FIRE (2024)

Transcript:

*Unedited transcript and edited transcript for Substack will be available later in the week!

18 Jan 2024Ep. 204: “Liar in a Crowded Theater” with Jeff Kosseff01:02:44

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 

Podcast Transcript 

Brown v. Entertainment Merchants Association (2011)

FIRE’s guide to Section 230

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)

Transcript



01 Oct 2020Ep. 119 2020 College Free Speech Rankings00:49:38

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:

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04 Apr 2019Ep. 82 ‘Can free speech be progressive?’00:58:59

On today’s episode of So to Speak, we ask the question, “can free speech be progressive?”

Our guest is Louis Michael Seidman. He is the Carmack Waterhouse Professor of Constitutional Law at Georgetown Law and the author of the much-discussed 2018 Columbia Law Review article “Can Free Speech Be Progressive?

Click here for a transcript of the podcast.

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01 Nov 2024Ep. 228: Does artificial intelligence have free speech rights?01:10:43

In this live recording of “So to Speak” at the First Amendment Lawyers Association meeting, Samir Jain, Andy Phillips, and Benjamin Wittes discuss the legal questions surrounding free speech and artificial intelligence.

Samir Jain is the vice president of policy at the Center for Democracy and Technology. Andy Phillips is the managing partner and co-founder at the law firm Meier Watkins Philips and Pusch. Benjamin Wittes is a senior fellow in governance studies at the Brookings Institution and co-founder and editor-in-chief of Lawfare.

Read the transcript.

Timestamps: 

00:00 Intro

01:54 The nature of AI models

07:43 Liability for AI-generated content

15:44 Copyright and AI training datasets

18:45 Deepfakes and misinformation

26:05 Mandatory disclosure and AI watermarking

29:43 AI as a revolutionary technology

36:55 Early regulation of AI 

38:39 Audience Q&A

01:09:29 Outro

Show notes:

-Court cases:

-Legislation:

-Articles:

14 Dec 2021Ep. 150 George Orwell01:03:02

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

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28 Dec 2017Ep. 48 ‘Natural Rights and the First Amendment’ w/ Jud Campbell01:07:18

Did the founders intend for the First Amendment to protect as much speech as it does today?

University of Richmond Assistant Professor of Law Jud Campbell argues probably not. He is the author of an article recently published in The Yale Law Journal that Cass Sunstein says “might well be the most illuminating work on the original understanding of free speech in a generation.”

In “Natural Rights and the First Amendment,” professor Campbell argues that the founders’ understanding of the freedoms of speech and of the press rested on “a multifaceted understanding of natural rights that no longer survives in American constitutional thought.” He contends that those rights “were expansive in scope but weak in their legal effect, allowing for restrictions of expression to promote the public good.”

On this episode of So to Speak, we investigate professor Campbell’s claims and wonder, if true, what — if anything — we should do about them.

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27 Jun 2018Ep. 62 Most memorable FIRE cases00:37:56

On today’s episode of So to Speak, we take a trip down memory lane. We are joined by FIRE’s Greg Lukianoff, Samantha Harris, and Will Creeley to discuss memorable cases from FIRE’s 19-year history.

You can watch a video of this conversation on FIRE’s YouTube channel (youtube.com/thefireorg).

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07 Jul 2022Ep. 165 Title IX gets twisted again00:49:46

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:

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26 Jan 2023Ep. 179 Artificial intelligence: Is it protected by the First Amendment?01:04:20

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:

Guests:

  • 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 Tremaine

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13 Nov 2018Ep. 72 ‘Bodied’ with director Joseph Kahn00:59:52

“Words are weapons in the world’s most lyrical sport.”

That’s how competitive battle rap is described by the makers of “Bodied,” a new satirical film produced by Eminem about a college student who decides to write a thesis paper on battle rap and through a twist of fate finds himself becoming a prodigy in the sport.

On today’s episode of So to Speak: The Free Speech Podcast, we speak with“Bodied” director Joseph Kahn. Kahn is a filmmaker and Grammy-award winning music video director, who has directed videos for Taylor Swift, Imagine Dragons, Blink 182, Britney Spears, Maroon 5, and many other best-selling artists.

Kahn describes himself as a free speech absolutist. During the course of this conversation, we unpack what that means and take a look at the free speech interests in his new, controversial film.

Show notes:

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20 Mar 2020Ep. 107 FIRE, the coronavirus, and the failure of the ‘Marketplace of Ideas’00:51:35

On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino sits down with FIRE President & CEO Greg Lukianoff to discuss how FIRE is adapting to the coronavirus outbreak. We also explore the ideas behind Greg’s new, widely discussed article, “Coronavirus and the failure of the ‘Marketplace of Ideas’.”

Show notes:

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17 Sep 2020Ep. 118 David Goldberger, lead attorney in “the Skokie case”00:55:00

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:

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23 Aug 2018Ep. 66 Outrage mobs in comedy01:09:02

Much has been written in recent months about online campaigns to get certain journalists, movie directors, and professors fired from their jobs because of things they said or wrote. Some campaigns have been successful. Some have not.

On today’s episode of So to Speak: The Free Speech Podcast, we talk about how these outrage mobs affect the world of comedy — in particular, one comedy club in Long Island City, New York.

How should free speech advocates think about outrage mobs? Do they represent more speech, or a form of private censorship? Or is it more complicated?

This episode of So to Speak is presented in partnership with Comedy Cellar: Live From the Table. It features:

Nico Perrino, host, So to Speak: The Free Speech Podcast

Noam Dworman, owner, The Comedy Cellar

Rebecca Trent, owner, The Creek and the Cave

Dan Naturman, comedian

Monroe Martin, comedian

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08 Mar 2018Ep. 53 Bret Weinstein, professor in exile01:25:44

Former Evergreen State College Professor Bret Weinstein describes himself as a “professor in exile.” The evolutionary biologist left Evergreen last September in the fallout from the controversy surrounding the school’s planned Day of Absence programming.


Weinstein’s objection to the programming led fifty students to disrupt his class and demand his resignation. The backlash became so intense that Evergreen’s chief of police told him she could not protect him from protesters. As a result, he had to hold his biology course in a public park.


On this episode of So to Speak, we speak with Weinstein about his experience and the state of free speech and inquiry in higher education and beyond.


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29 Aug 2024Ep. 223: Teaching conservatism on a liberal college campus00:47:38

Can a course on conservatism shake up the liberal status quo on campus?

 

Tufts University professor Eitan Hersh presents his unique class on American conservatism and its impact on campus free speech and open dialogue. He discusses the challenges and opportunities of teaching conservative thought in a predominantly liberal academic environment.

 

Eitan Hersh is a professor of political science. He earned his Ph.D. from Harvard University in 2011 and was a faculty member at Yale University from 2011-2017. 

 

In March, professor Hersh’s course on conservatism was profiled in Boston Magazine under the headline, “A Conservative Thought Experiment on a Liberal College Campus.”

 

Timestamps

00:00 Intro

02:02 Prof. Hersh’s personal political beliefs

03:47 Political diversity among faculty and students

05:14 Hersh’s journey to academia

06:07 What does a conservatism course look like?

09:30 His colleagues’ response to the course

10:29 The challenges of discussing controversial topics

13:28 FIRE’s data on difficult campus topics

17:50 How have campus dynamics changed

19:42 Institutional neutrality

39:14 What are faculty concerned about?

42:18 What is Hersh expecting as students return to campus?

46:41 Outro


Transcript is HERE.

20 Apr 2023Ep. 185 Sex, drugs, and free speech (Bob Guccione Jr. and Nick Gillespie)01:20:06

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


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