So to Speak: The Free Speech Podcast

Latest Episodes:

Ep. 68 'True threats' with David L. Hudson Jr. Sep 20, 2018

Show notes

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.

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Ep. 67 'The Coddling of the American Mind' Sep 04, 2018

Show notes

Tribalism and group polarization are on the rise. So too are rates of anxiety, depression, and suicide. On campuses, professors and students are afraid to speak out. And on social media, outrage mobs rule the day.

How did we get here?

On today's episode of So to Speak, we are joined by FIRE President and CEO Greg Lukianoff to discuss his new co-authored book with New York University professor Jonathan Haidt, "The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure."

It's a social science detective story that seeks to explain "the growing inability of Americans to live, work, and cooperate across party lines" — and in this discussion, Greg points us toward all the clues.

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

Ep. 66 Outrage mobs in comedy Aug 23, 2018

Show notes

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

www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.orgCall in a question: 215-315-0100

Ep. 65 Artificial intelligence & speech rights Aug 09, 2018

Show notes

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.

www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.orgCall in a question: 215-315-0100

Ep. 64 How censorship crosses borders with Jacob Mchangama Jul 25, 2018

Show notes

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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Ep. 63 Supreme Court review: Kennedy, Kavanaugh, and "weaponizing the First Amendment" Jul 11, 2018

Show notes

Supreme Court review: Kennedy, Kavanaugh, and "weaponizing the First Amendment"

On this episode of So to Speak, we discuss President Donald Trump's nomination of Brett Kavanaugh to the United States Supreme Court and what it might mean for the First Amendment. We also review Anthony Kennedy's legacy, the free speech cases from this past Supreme Court term, and Justice Elena Kagan's contention that some of her colleagues are "weaponizing the First Amendment."

The guests on today's show are:

Paul Sherman: Senior attorney, Institute for Justice

Bob Corn-Revere: Partner, Davis Wright Tremaine

Walter Olson: Senior fellow, Cato Institute

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Ep. 62 Most memorable FIRE cases Jun 27, 2018

Show notes

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).

www.sotospeakpodcast.com

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Ep. 61 'HATE' with Nadine Strossen Jun 13, 2018

Show notes

The United States is unique in its protection of what some might label "hate speech." Of course, certain expression is unprotected, like incitement to imminent lawless action and true threats. But expression that is deemed merely offensive or hateful is generally protected.

On this episode of So to Speak, we welcome back to the show former ACLU president and New York Law Professor Nadine Strossen. She is the author of "HATE: Why We Should Resist It With Free Speech, Not Censorship." In this new book, she argues that America's broad protections for hateful speech are a good thing, and that efforts to censor such speech has historically backfired or been proven ineffective.

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Ep. 60 'Speak Freely' with Professor Keith Whittington May 30, 2018

Show notes

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.

www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.orgCall in a question: 215-315-0100

Ep. 59 Debating 'Is there a campus free speech crisis?' with Sullivan, Haidt, Nossel, Sachs, & Foster May 16, 2018

Show notes

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

Like us on Facebook: facebook.com/sotospeakpodcast

Email us: sotospeak@thefire.org

Call in a question: 215-315-0100

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