So to Speak: The Free Speech Podcast

In March, juries in California and New Mexico delivered seminal verdicts holding Meta and YouTube liable for failing to protect young users from harm. Both verdicts found that the companies were negligent in the design or operation of their platforms and that each company knew their platforms could be dangerous when used by a minor. The courts found that the design elements of the platforms could be separated from the content hosted on the platforms, thus removing the need to consider the First Amendment or Section 230 of the Communications Decency Act. Joining us to break down the rulings and their possible free speech implications is Mike Masnick, CEO & founder of Techdirt & the Copia Institute. Masnick is the author of "Everyone Cheering The Social Media Addiction Verdicts Against Meta Should Understand What They're Actually Cheering For." Timestamps: 00:00 Intro 02:29 Why these verdicts scare the hell out of Mike 10:34 Are social media algorithms "addictive"? 21:45 Did Meta fail to protect kids? 30:37 The First Amendment and Section 230 43:13 Is social media the new Big Tobacco? 55:15 The role of parents in social media use 59:04: Outro Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. 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 [email protected].

Governments around the world have increasingly sought to regulate online speech well beyond their borders. If global platforms are forced to comply with the world's most restrictive laws, whose speech standards win? And what happens to a free and open internet when governments apply their censorship rules across borders? Today we are joined by Preston Byrne, an attorney and expert in international law and emerging technologies. He has spent nearly two decades working at the intersection of law, tech, and policy, and he now serves as counsel to a coalition of internet publishing platforms suing the United Kingdom's internet regulator. Follow him on X and Substack. Timestamps: 00:00 Intro 02:15Preston's background 16:46 What do foreign censorship laws actually target? 22:35 The UK's Online Safety Act 29:39 Free speech cultures: US vs. UK 40:48 The GRANITE Act and protecting Americans from foreign censorship 1:01:15 Outro Don't miss the free speech event of the year! Get your tickets and learn more about the Soapbox Conference here. Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. 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 [email protected].

Several stories have put government power over speech and technology back in the spotlight. In this episode, we break down the Pentagon's targeting of the AI company Anthropic, the push for government-mandated age verification technologies, and the Department of Justice's raid on a Washington Post reporter's home. We are joined by: Jennifer Huddleston, senior fellow in technology policy at the Cato Institute Mike Godwin, AI and privacy expert, first staff counsel at the Electronic Frontier Foundation, first full-time general counsel at Wikimedia, and author of two books on internet law and policy Greg Lukianoff, president and CEO of FIRE Timestamps: 00:00 Intro 03:19 The Pentagon vs. Anthropic? 22:40 The FTC, Congress, and age verification laws 48:15 Is it unusual for the DOJ to seize a reporter's computer? 59:46 Outro Don't miss the free speech event of the year! Get your tickets and learn more about the Soapbox Conference here. Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. 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 [email protected].

In the years leading up to the American Revolution, newspapers and pamphlets overflowed with essays signed "Publius," "Brutus," and "A Farmer." Those arguments helped shape a nation, but the authors' real names were nowhere to be found. Americans have long relied on anonymous speech to challenge the powerful, protect dissenters, and keep the focus on ideas rather than identities. That tradition has endured into America's digital age, even as anonymous speech has become more controversial. To explore America's history with anonymity, we are joined by Jeff Kosseff, a nonresident senior legal fellow at The Future of Free Speech and author of The United States of Anonymous. Preorder his forthcoming book, The Future of Free Speech: Reversing the Global Decline of Democracy's Most Essential Freedom. Timestamps: 00:00 Intro 02:01 What is anonymity? 04:38 Anonymous speech in Colonial America 15:58 Does the First Amendment protect anonymity? 20:35 Anonymous speech in the Civil Rights Era 31:17 The internet and anonymity 35:44 Modern anonymity debates: DHS subpoenas, age verification, social media regulation, and VPN bans 51:53 Outro Read the transcript here. Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. 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 [email protected].

One year into Trump 2.0, we examine the administration's record on free speech and how it compares to the president's campaign pledge to "bring back free speech to America." We also discuss recent ICE protests, including the right to carry a gun and to film law enforcement, and what these encounters reveal about protest rights today. Today we are joined by: Clark Neily, senior vice president for legal studies at the Cato Institute Timothy Zick, professor of government and citizenship at William & Mary Law School and author of the new book Trump 2.0: Executive Power and the First Amendment Conor Fitzpatrick, supervising senior attorney at FIRE Zick is also the author of Public Protest and Governmental Immunities, Managed Dissent: The Law of Public Protest, and Arming Public Protests. Timestamps: 00:00 Intro 01:47 ICE protests: Alex Pretti, filming police, and the right to carry a gun 13:30 How to hold law enforcement accountable 19:10 Don Lemon's arrest 23:27 Trump's retribution politics and the "domestic terrorist" label 35:05 FCC pressure and attacks on the media 39:40 Free speech for noncitizens 53:49 Attacks on higher education 58:40 Trump 1.0 vs. Trump 2.0 01:02:25 What reforms are needed? 1:09:13 Outro Read the transcript here. Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. 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 [email protected].

Recent protests in Iran have drawn renewed attention to dissent under the country's authoritarian government. The demonstrations have been met with mass arrests, internet restrictions, and even accusations of murder. While large-scale demonstrations appear to have subsided for now, reporting from Iran describes a tense calm, a heightened security presence, and widespread "disappointment and disillusionment" among Iranians. Today we are joined by Pouya Nikmand, an Iranian-born writer who escaped Iran at 18. He writes about how his experiences have shaped his understanding of expression, freedom, and belonging on his Substack, Outliving Iran. Timestamps: 00:00 Intro 02:17 What's happening in Iran now? 10:47 What does life look like under an authoritarian regime? 20:33 Growing up in Iran 24:48 The influence of Western media in Iran 32:55 Escaping Iran 37:05 Life after escape 40:55 Being trafficked to Poland 54:45 Escaping captivity and coming to America 01:01:53 An immigrant's perspective on US immigration 1:07:24 Outro Read the transcript here. Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. 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 [email protected].