So to Speak: The Free Speech Podcast

Latest Episodes:

Ep. 155 The John Roberts Supreme Court Mar 10, 2022

Show notes

"No chief justice in our history has had as much influence on the law of freedom of expression as John Roberts," according to Ronald K.L. Collins and David L. Hudson Jr.

They are the authors of a new Brooklyn Law Review article, "The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005–2021."

On today's episode of "So to Speak: The Free Speech Podcast," Collins and Hudson review 58 First Amendment rulings that have been issued since John Roberts became Chief Justice of the United States Supreme Court.

Collins is a First Amendment scholar, author, and editor of First Amendment News. Hudson is the Justice Robert H. Jackson legal fellow at FIRE and a professor at Belmont University College of Law.

Podcast Transcript

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Ep. 154 Sarah Palin v. New York Times Feb 22, 2022

Show notes

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

Show notes

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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Ep. 152 Banning critical race theory Jan 20, 2022

Show notes

On today's episode of So to Speak: The Free Speech Podcast, we are joined by FIRE's Joe Cohn and the American Enterprise Institute's Max Eden to debate and discuss legislative efforts to ban critical race theory, or so-called "divisive concepts," from being taught in schools.

Transcript
Virginia Gov. Glenn Youngkin's executive order on critical race theory
"Ban Critical Race Theory now" by Max Eden
"Legislative efforts to address teachings on race pose threats to academic freedom" by Joe Cohn
"State legislatures continue efforts to restrict academic freedom" by Tyler Coward
"13 important points in the campus & K-12 'critical race theory' debate" by Greg Lukianoff et al.

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Ep. 151 Fighting words Jan 13, 2022

Show notes

There are very few exceptions to the First Amendment. "Fighting words" is one of them. But since the Supreme Court first outlined this exception in 1942, it hasn't shown much interest in revisiting the issue.

On today's episode of So to Speak: The Free Speech Podcast, we're joined by First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr., who argues the "fighting words" doctrine is still alive and well in lower courts and is used to justify punishing everything from toilet tirades to cursing in a canoe.

Transcript
Fighting words overview
"The Fighting Words Doctrine: Alive and Well in the Lower Courts" by David Hudson
"Can anti-profanity laws and the fighting words doctrine be squared with the First Amendment?" by David Hudson
Chaplinsky v. New Hampshire (1942)
- FIRE's TikTok video about Chaplinsky
Cohen v. California (1971)
Gooding v. Wilson (1972)
Lewis v. City of New Orleans (1974)
City of Houston v. Hill (1987)
Texas v. Johnson (1989)

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Ep. 150 George Orwell Dec 14, 2021

Show notes

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

Transcript

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Ep. 149 Caitlin Flanagan and Greg Lukianoff Nov 23, 2021

Show notes

On today's episode of So to Speak: The Free Speech Podcast, we are joined by The Atlantic magazine Staff Writer Caitlin Flanagan and FIRE President and CEO Greg Lukianoff to discuss a wide range of topics, including Caitlin's articles that touch on free speech, her growing up in Berkeley, Calif. the daughter of a professor, and newsroom orthodoxies and censorship.

Show notes:

Transcript
Caitlin's The Atlantic article archive
"Can We Take a Joke?" documentary
"That's Not Funny!" by Caitlin Flanagan
"The Dark Power of Fraternities" by Caitlin Flanagan
Dave Chappelle's "The Closer"
Columbia University: Ideological litmus tests at Teachers College
Emerson College: Conservative student group investigated for distributing "China Kinda Sus" stickers
"Advancing Health Equity: A Guide to Language, Narrative and Concepts" by the American Medical Association and the Association of American Medical Colleges
"Letters to a Young Contrarian" by Christopher Hitchens

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Ep. 148 University of Austin, a new university devoted to free speech Nov 09, 2021

Show notes

Pano Kanelos believes higher education is broken. But he isn't waiting for colleges and universities to fix themselves. He's starting his own.

On today's episode of So to Speak: The Free Speech Podcast, we are joined by Kanelos who is the inaugural president of the University of Austin, a new university devoted to free speech and open inquiry. Its initial programming, a Forbidden Courses summer program, aims to foster spirited discussion about the most provocative questions that often lead to censorship or self-censorship at many other universities.

Kanelos is a Shakespeare scholar and the former president of St. John's College in Annapolis, Md. He co-founded the University of Austin with Niall Ferguson, Bari Weiss, Heather Heying, and Joe Lonsdale.

Show notes:

Transcript
University of Austin website
"We Can't Wait for Universities to Fix Themselves. So We're Starting a New One." by Pano Kanelos
New York Times: "They Say Colleges Are Censorious. So They Are Starting a New One."
"I'm Helping to Start a New College Because Higher Ed Is Broken" by Niall Ferguson

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Ep. 147 'The Mind of the Censor' with Robert Corn-Revere Oct 28, 2021

Show notes

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:

Transcript

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Ep. 146 Trigger warnings and DEI statements Oct 14, 2021

Show notes

A consensus has emerged from a growing pile of scholarly research: Trigger warnings don't work.

On today's episode of So to Speak: The Free Speech Podcast, we are joined by Carleton College associate professors Amna Khalid and Jeffrey Snyder to explore what the latest research says about the efficacy of trigger warnings. We also discuss one of the more contentious debates surrounding academic freedom: the rising prevalence of so-called diversity, equity, and inclusion statements for college faculty job applications and evaluations.

Show notes: