So to Speak: The Free Speech Podcast

Latest Episodes:

Ep. 48 'Natural Rights and the First Amendment' w/ Jud Campbell Dec 28, 2017

Show notes

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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Ep. 47 Institute for Justice President and General Counsel Scott Bullock Dec 13, 2017

Show notes

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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Ep. 46 Revisiting Masses v. Patten (1917) Nov 30, 2017

Show notes

Masses Publishing Co. v. Patten (1917) might be the most important free speech case you've never heard of.

In his now largely forgotten decision in the case, then Southern District of New York Judge Learned Hand rejected the United States postmaster general's arguments for refusing to mail Masses magazine. The magazine was staunchly opposed to World War I and the compulsory military draft. The postmaster general argued that the recently passed Espionage Act gave him the authority to deny the magazine's circulation.

On this episode of So to Speak, we revisit Masses v. Patten with University of Washington School of Law Scholar Ronald Collins and feature a reargument of the case (min. 40) at the United States Court of Appeals for the Second Circuit. One hundred years ago this month, that same court reversed Judge Hand's decision.

The case was reargued in front of a panel of Second Circuit judges on Nov. 6, with former Stanford Law School Dean Kathleen Sullivan appearing for Masses Publishing Company and First Amendment attorney Floyd Abrams appearing for Postmaster Patten.

VIDEO of reargument: https://youtu.be/p1W1wfOK1R0

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Ep. 45 Harvard professor Steven Pinker Nov 15, 2017

Show notes

Harvard University professor and FIRE Advisory Council member Steven Pinker is a rockstar academic. He has written 10 books, many of which are bestsellers, including most recently "The Better Angels of our Nature" and "The Sense of Style."

On this episode of So to Speak, we chat with professor Pinker about free speech, free inquiry, taboo, dangerous ideas, and, of course, his forthcoming book on the Enlightenment: "Enlightenment Now: The Case for Reason, Science, Humanism, and Progress." Here is the recommended reading list provided by professor Pinker during the podcast:

Immanuel Kant's "What is the Enlightenment?"
Thomas Nagel's "The Last Word"
Jonathan Glover's "Humanity: A Moral History of the 20th Century"

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Ep. 44 Berkeley then and now Nov 02, 2017

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Nowhere have the campus free speech debates been as intense as at the University of California, Berkeley — the home of the Free Speech Movement.

Violent protests against one speaker. Hundreds of thousands of dollars in security costs to protect another. Speaking invitations extended and then (maybe?) rescinded. And that's just this year.

On this episode of So to Speak, we revisit the events surrounding the 1964 Berkeley Free Speech Movement to see if the university's storied past can teach us anything about today's debates.

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Ep. 43 LIVE EVENT: Viewpoint diversity on campus Oct 19, 2017

Show notes

Is the modern college campus suffering from a decline in viewpoint diversity? Do American universities prepare students for life in a politically divided democracy, or might they be teaching habits of thought that will add to America's political divisions? Does political orthodoxy reduce the quality of research, scholarship, and education?

Heterodox Academy and the Foundation for Individual Rights in Education conducted a live panel discussion at New York University in New York City on Tuesday, October 10 to explore these and other pressing questions.

The panelists included:

• Mark Lilla, professor, Columbia University

• Nadine Strossen, professor, New York Law School; former president, ACLU

• April Kelly-Woessner, professor, Elizabethtown College

• Sam Abrams, professor, Sarah Lawrence College

• Nico Perrino (moderator), host, So to Speak: The Free Speech Podcast; director of communications, FIRE

Video: youtu.be/tcDN4iQWfUc www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100

Ep. 42 'Is this the day the Internet dies?' Oct 05, 2017

Show notes

The experts are calling it the free speech debate of the next decade: Who makes the rules for what people can say — and see — on the web? And who pays the price when "The Delete Squad" gets it wrong?

On today's episode of So to Speak: The Free Speech Podcast, FIRE's Alex Morey talks to experts on all sides of the issue, from the Facebook team working to keep the social network uncensored — but also safe — for users, to directors at Electronic Frontier Foundation and the Committee to Protect Journalists, and more.

When one entity can unilaterally censor billions of users at the push of a button, what does it mean for the future of the internet? "Is this the day the Internet dies?"

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Ep. 41 The British free speech invasion Sep 21, 2017

Show notes

The British free speech invasion is here. Our friends from the current affairs magazine spiked have traveled across the pond to host "Unsafe Space," an all-star free speech tour of American college campuses.

On today's episode of So to Speak, we catch up with spiked editors Tom Slater and Ella Whelan in New Jersey to chat about the tour, which kicks off next week in Washington, D.C. We also discuss developments overseas, including spiked's latest free speech rankings of campuses in the United Kingdom and the implications of Brexit for free expression.

Video: https://youtu.be/pnitp0Oa_ts www.sotospeakpodcast.com

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Ep. 40 "The neurodiversity case for free speech" w/ Geoffrey Miller Sep 07, 2017

Show notes

Would Isaac Newton succeed on the modern college campus? The genius who discovered the laws of motion, but who also obsessed over alchemy, was introverted and prone to unpredictable mood swings. Scholars believe he may have had autism, which is one of the many neurological conditions that contribute to "neurodiversity" in the world. And according to one new theory, the way modern colleges regulate speech is particularly chilling for neurodivergent people, like Newton, who are estimated to make up at least 20 percent of the population.

On today's episode of So to Speak, we chat with University of New Mexico Associate Professor Geoffrey Miller. He is the author of two new articles, titled "The neurodiversity case for free speech" and "Mental health 'disabilities' as legal superpowers." In these articles, he argues that overbroad and vague campus speech codes could discriminate against neurodivergent people with diagnosed mental health disabilities.

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Ep. 39 Judge Richard Posner on the First Amendment Sep 05, 2017

Show notes

Last week, Judge Richard Posner suddenly retired from the 7th U.S. Circuit Court of Appeals after nearly 36 years on the bench. The 1981 President Reagan appointee authored over 3,300 judicial opinions during his tenure and is widely considered one of the most vocal, provocative, and influential appellate court judges of all time.

On today's episode of So to Speak, we hear Judge Posner's candid thoughts on the First Amendment as we play for you a conversation he had with Professor Geoffrey Stone on May 16, 2016, at the University of Chicago Law School.

In this wide-ranging and candid dialogue, Judge Posner discusses his views on executive power in wartime, including why he believes President Franklin Roosevelt was justified in interning Japanese-Americans during World War II and why President Abraham Lincoln was right to ignore the Supreme Court's decision in Ex Parte Merryman. He also addresses Citizens United v. FEC ("terrible"), the Supreme Court in general ("a mediocre institution"), McCullen v. Coakley, the Pentagon Papers, flag burning, and much, much more.

This podcast is presented as part of So to Speak's exclusive partnership with the First Amendment Salon. 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.

VIDEO: youtu.be/bhLJliXX848

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