So to Speak: The Free Speech Podcast

Do books need a special editor who reads for offensive content? And who gets to decide what's offensive anyway? This week we are joined by authors Kat Rosenfield and Vesper Stamper to discuss censorial trends in book publishing, including the rise of so-called "sensitivity readers" and the sometimes successful campaigns to get books canceled before they are even published. We also explore adjacent debates: Is it appropriate to write outside of one's identity or lived experience? And can authors write about people who do bad things without endorsing the bad things they do? Show notes: Transcript "The Toxic Drama on YA Twitter" by Kat Rosenfield "Berliners" by Vesper Stamper "No One Will Miss Her: A Novel" by Kat Rosenfield New York Times: "Sundance Liked Her Documentary on Terrorism, Until Muslim Critics Didn't" "You Must Remember This: A Novel" by Kat Rosenfield 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: [email protected]

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: Transcript Texas social media law, HB 20 5th Circuit Court of Appeals ruling in NetChoice v. Paxton 11th Circuit Court of Appeals ruling in NetChoice v. Attorney General, State of Florida Section 230 of the Communications Decency Act of 1996 Pruneyard Shopping Center et al v. Robins et al. (1980) Masterpiece Cakeshop, LTD. v. Colorado Civil Rights Commission (2018) "Governor Newsom Signs Nation-Leading Social Media Transparency Measure" Packingham v. North Carolina (2017) 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: [email protected]

"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: Transcript "Science must respect the dignity and rights of all humans" by Nature Human Behaviour (editorial announcing ethics guidelines) "Nature Human Misbehavior: politicized science is neither science nor progress" by Jonathan Rauch "The Peril of Politicizing Science" by Anna l. Krylov "The Doctrine of Academic Freedom" by Sandra Y.L. Korn (article advocating for "academic justice" in lieu of academic freedom) 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: [email protected]

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: Transcript The Bill of Rights Online Exhibit on AmericanFounding.org "The Essential Bill of Rights: Original Arguments and Fundamental Documents" edited by Gordon Lloyd and Margie Lloyd The Federalist Papers by James Madison, John Jay, and Alexander Hamilton and edited by George W. Carey and James McClellan "The Essential Antifederalists" edited by William B. Allen and Gordon Lloyd "Debates in the Federal Convention of 1787" by James Madison and edited by Gordon Lloyd "Free Speech: A History from Socrates to Social Media" by Jacob Mchangama 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: [email protected]

What can Charles Darwin teach us about dissent? What do the professional basketball careers of Wilt Chamberlain and Rick Barry tell us about conventional wisdom?On today's show, George Mason University Professor Todd Kashdan helps us understand the value of principled dissent: what it is, how to do it, and the pitfalls to avoid. He is the author of "The Art of Insubordination: How to Dissent and Defy Effectively." Show notes: Transcript Todd's "Provoked" newsletter: "Enjoy new psychological angles on conventional practices." Study: "Sexual Healing: Daily Diary Investigation of the Benefits of Intimate and Pleasurable Sexual Activity in Socially Anxious Adults" Study: "Is Martin Luther King or Malcolm X the more acceptable face of protest? High-status groups' reactions to low-status groups' collective action" "Brief, face-to-face canvassing reduces transgender prejudice, study says" 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: [email protected]

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: Transcript Lara Bazelon's keynote address at FIRE's 2022 Student Network Conference "Sticks and Stones: Defeating the Culture of Bullying and Rediscovering the Power of Character and Empathy" by Emily Bazelon "From Fatwa to Jihad: The Rushdie Affair and Its Aftermath" by Kenan Malik Kenan Malik BBC Newsnight clip arguing that "The Satanic Verses" "wouldn't even be written today, let alone published." "The Tyranny of Silence" by Flemming Rose "Kindly Inquisitors: The New Attacks on Free Thought" by Jonathan Rauch "Free Speech: A History from Socrates to Social Media" by Jacob Mchangama "Private Opinion in America," a national quantitative survey from Populace Insights that reveals Americans' private opinions about sensitive topics "The Jewel of Medina: A Novel" by Sherry Jones 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: [email protected]

When the Supreme Court overturned Roe v. Wade, eliminating the constitutional right to an abortion in the United States, many people expected states to pass laws restricting access to abortion services. Perhaps less expected was that some lawmakers now seek to pass laws restricting — and criminalizing — speech about abortion services. FIRE Legal Director Will Creeley and FIRE Senior Fellow and former ACLU President Nadine Strossen join the show to discuss their recent essay, "That Facebook post about abortion could land you in jail — if South Carolina legislators have their way." Show notes: Transcript Text of South Carolina bill criminalizing speech about abortion National Right to Life Committee model legislation National Institute of Family and Life Advocates v. Becerra (2018) Bigelow v. Virginia (1975) UNC Chapel Hill student government commits to follow First Amendment after suggesting it wouldn't fund pro-life student groups 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: [email protected]

Substack — the popular newsletter and publishing service — has made a name for itself by swimming against the current: As many technology companies devise new ways to censor or moderate content on their platforms, Substack made free speech one of its core values and, in doing so, has attracted bloggers and journalists from across the political spectrum. "While we have content guidelines that allow us to protect the platform at the extremes, we will always view censorship as a last resort, because we believe open discourse is better for writers and better for society," proclaimed Substack's founders. Lulu Cheng Meservey is Vice President of Communications for Substack. She went viral earlier this year when she tweeted about why free expression is an important principle for Substack. She joins us this week to discuss Substack, free speech, and the new media ecosystem. Show notes: Transcript Lulu's viral tweet thread "Society has a trust problem. More censorship will only make it worse." by Hamish McKenzie, Chris Best, and Jairaj Sethi Substack's "Content Guidelines" Substackers mentioned: Andrew Sullivan, Casey Newton, The Fifth Column, Patti Smith, George Saunders, Salman Rushdie, Kareem Abdul-Jabbar, Freddie deBoer, Nikita Petrov, Blocked and Reported John Stuart Mill's "On Liberty" 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: [email protected]

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: FIRE press release Proposed Title IX regulations Current Title IX regulations "Twisting Title IX" by Robert Shibley Lawsuits filed by students accused of sexual misconduct, 4/4/2011 through 01/07/21 Post Dear-Colleague Letter legal rulings and settlements 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: [email protected]

"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 Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: [email protected]

Today, the Foundation for Individual Rights *in Education* becomes the Foundation for Individual Rights *and Expression*. America's leading defender of free speech, due process, and academic freedom in higher education announced it is taking its free speech mission beyond college campuses with a $75 million expansion initiative. FIRE President & CEO Greg Lukianoff and FIRE COO Alisha Glennon join the show to discuss how the organization is changing and why. Transcript: 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: [email protected]

In this week's episode of So to Speak, we focus on some of the notable cases of music censorship in America, the formation of the Parents Music Resource Center (PMRC), and the lasting effects of the PMRC's efforts on the music industry. Author Eric Nuzum joins us to discuss his 2001 book, "Parental Advisory: Music Censorship in America." Nuzum illustrates examples of music censorship ranging from the Reconstruction era, when Southerners were prevented from publicly singing pro-Confederate ballads, to 1967, when the network that aired televised live performances by The Doors and The Rolling Stones asked the bands to alter their lyrics. Nuzum also discusses the PMRC's "Filthy Fifteen"; Senate hearings featuring John Denver, Frank Zappa, and Dee Snider; post-9/11 radio censorship; and more recent controversies involving the use of rap lyrics as evidence in criminal trials. www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

Twitter is going to become 8chan. At least, that's what a recent episode of the popular radio program "On the Media" suggests will happen if Elon Musk successfully buys Twitter. Musk promised to bring greater free speech protections to the social media platform. But where Musk sees an opportunity for more freedom, some see the potential for too much freedom. On today's episode of So to Speak: The Free Speech Podcast, Matt Taibbi, Nadine Strossen, and Amna Khalid discuss what "On the Media" got wrong and what they got really wrong in their episode "Ghost in the Machine." (No, "On the Media," Twitter will not become a platform for child pornography.) This is the second time we have addressed bad free speech arguments from "On the Media." The first time was last September, when this same group responded to the episode, "Constitutionally Speaking." Matt Taibbi is the author of four New York Times bestselling books. He writes a popular Substack newsletter, TK News. Nadine Strossen is a professor of law, emerita at New York Law School and served for 17 years as the president of the ACLU. Amna Khalid is an associate professor of history at Carleton College and the host of a new podcast called "Banished." Transcript www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

Did you know Hugh Hefner holds the Guinness World Record for owning the largest personal scrapbook collection in the world?When he was not building the global Playboy empire, he spent his Saturdays compiling more than 3,000 scrapbooks, chronicling free speech and press issues during his lifetime. Stuart N. Brotman, professor at the University of Tennessee, Knoxville, was granted exclusive access to Hefner's scrapbooks. On today's episode, he talks about what he found and about his new book, "The First Amendment Lives On: Conversations Commemorating Hugh M. Hefner's Legacy of Enduring Free Speech and Free Press Values." Show notes: Transcript www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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: Transcript Subscribe to First Amendment News "Punishing Disney for Opposing Florida's 'Don't Say Gay' law poses Serious First Amendment Problems" by Robert Corn-Revere Open letter to Elon Musk from Greg Lukianoff on preserving free expression on social media Press Release: "Elon Musk to Acquire Twitter" Electronic Frontier Foundation: "Twitter Has a New Owner. Here's What He Should Do." www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

What is academic freedom? And who polices its boundaries? Our guests on today's show argue that the popular conception of academic freedom has become too closely connected with the concept of free speech. Penn State Professor Michael Bérubé and Portland State Professor Jennifer Ruth are the authors of "It's Not Free Speech: Race, Democracy, and the Future of Academic Freedom." Show notes: Transcript The AAUP's 1915 and 1940 statements on academic freedom The AAUP's "On Freedom of Expression and Campus Speech Codes" "When Professors' Speech Is Disqualifying" by Michael Bérubé and Jennifer Ruth "Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State" by Robert C. Post "How Genetics Is Changing Our Understanding of 'Race'" by David Reich SUNY Fredonia: Philosophy Professor Suspended for Philosophizing About Pedophilia, the Stephen Kershnar case "Hate Speech and the Limits of Free Expression," Kenyon College panel featuring Ulrich Baer (video) www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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: Transcript Eggert on Twitter: @kvoneggert Rulers and Victims: The Russians in the Soviet Union www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

​​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 www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

​​"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 www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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 www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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. www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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. www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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) www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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 www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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 www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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 www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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 www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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: Transcript "How to Fix Diversity and Equity" by Amna Khalid and Jeffrey Snyder "The Data Is In — Trigger Warnings Don't Work" by Amna Khalid and Jeffrey Snyder Why We Don't Use Trigger Warnings — An Animated Guide www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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: Transcript "The Words That Made Us: America's Constitutional Conversation, 1760-1840" by Akhil Reed Amar "The First Amendment's Firstness" by Akhil Reed Amar "How America's Constitution Affirmed Freedom of Speech Even Before the First Amendment" by Akhil Reed Amar www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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: Transcript On the Media's free speech episode: "Constitutionally Speaking" "NPR trashes free speech. A brief response" by Matt Taibbi Famous Christopher Hitchens lecture defending free speech Tra lalalala song from Soviet Union Documentary: Mighty Ira www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

Are America's schools becoming too political? FIRE's Director of High School Programs argues, "Yes." Bonnie Kerrigan Snyder is an educator with over 20 years of experience, and she's worried by what she sees. Amidst controversies surrounding so-called critical race theory, school walkouts, and standardized tests, Snyder increasingly hears reports of children "being indoctrinated, bullied, and harassed by their fellow students and teachers for not falling into line on various topics." On today's episode of So to Speak: The Free Speech Podcast, we discuss Snyder's new book, "Undoctrinate: How Politicized Classrooms Harm Kids and Ruin Our Schools—And What We Can Do About It." Show notes: Transcript West Virginia State Board of Education v. Barnette (1943) www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

Hollywood's Motion Picture Production Code, popularly referred to as the Hays Code, loomed over films in every stage of movie production from 1934 to 1968. Scripts were reviewed and altered. Actors and filmmakers were forced to redo entire scenes. Editors were asked to cut dialogue and scenes from films. Music was changed. Ultimately, directors had to be cognizant of the censors at all times. In this episode of So to Speak: The Free Speech Podcast, we interview three prominent guests to track the history of film censorship and the eventual demise of the Hays Code. John Billheimer, author of "Hitchcock and the Censors (Screen Classics)," explains Alfred Hitchcock's unique methods for dealing with controversial subject matter. Laura Wittern-Keller is a professor in the History department at the University at Albany and author of several books on film censorship, including "Freedom of the Screen: Legal Challenges to State Film Censorship, 1915-1981" and "The Miracle Case: Film Censorship and the Supreme Court." Bob Corn-Revere, partner at Davis Wright Tremaine, is a frequent guest on the show. His forthcoming book "The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor's Dilemma," is due out in October. Show notes: Transcript Mutual Film Corp. v. Industrial Comm'n of Ohio Joseph Burstyn v. Wilson United States v. Paramount Pictures Hitchcock and the Censors (Screen Classics) by John Billheimer Freedom of the Screen: Legal Challenges to State Film Censorship, 1915-1981 by Laura Wittern-Keller The Miracle Case: Film Censorship and the Supreme Court by Laura Wittern-Keller The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor's Dilemma by Bob Corn-Revere Hollywood's Censor: Joseph I. Breen and the Production Code Administration by Thomas Doherty

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: Transcript "The Rise and Fall of Morris Ernst, Free Speech Renegade" by Samantha Barbas www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, we are joined by Stetson University Professor of Psychology Christopher J. Ferguson for a wide-ranging conversation about the psychology of censorship, the role of madness and eccentricity in shaping history, the effects of social media, the growing polarization and politicization of modern institutions, including academia, and more. Ferguson is the author of the new book "How Madness Shaped History: An Eccentric Array of Maniacal Rulers, Raving Narcissists, and Psychotic Visionaries." He also co-authored "Moral Combat: Why the War on Violent Video Games is Wrong," which was the subject of a past So to Speak episode. Show notes: Transcript "Guns, Germs, and Steel: The Fates of Human Societies" by Jared M. Diamond "Repressive Tolerance" by Herbert Marcuse "Nudge: Improving Decisions About Health, Wealth, and Happiness" by Cass Sunstein www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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: Transcript Court opinion: Mahanoy Area School District v. B.L. Listen to an audio reading of the opinion via Free Speech Out Loud FIRE, NCAC, and CBLDF file brief in Mahanoy Area School District v. B.L., cheerleader Snapchat case before Supreme Court www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected] Photo by Danna Singer/Provided by the ACLU

Socrates' fateful hemlock. Henry VIII's death decree for those who imagined his downfall. The 1836 "Gag Rule" banning slavery discussions in Congress. Britain's early ban on films criticizing Hitler and Stalin. On today's episode of So to Speak: The Free Speech Podcast, we are joined by lawyer and writer Eric Berkowitz to discuss his fascinating new book, "Dangerous Ideas: A Brief History of Censorship in the West, from the Ancients to Fake News." Berkowitz's "Dangerous Ideas" is a comprehensive and insightful adventure through time to examine censorship's origins and trends. Also joining the conversation is FIRE President and CEO Greg Lukianoff. Show notes: Transcript Washington Post: "Secret Consortium to Publish Rushdie in Paperback" www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

What differentiates Albert Einstein from a madman? How do we turn disagreement into knowledge? How do we know what's true in a world filled with disinformation, conspiracy theories, trolling, and social media pile-ons? On today's episode of So to Speak: The Free Speech Podcast, we are joined by Brookings Institution Senior Fellow Jonathan Rauch to discuss his new book "The Constitution of Knowledge: A Defense of Truth," which is set for release on June 22, 2021. Also joining the conversation is FIRE President and CEO Greg Lukianoff. Show notes: Transcript "The Constitution of Knowledge" by Jonathan Rauch "Kindly Inquisitors: The New Attacks on Free Thought" by Jonathan Rauch "The Coddling of the American Mind" by Greg Lukianoff and Jonathan Haidt www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

Rebellion! Crime! Juvenile delinquency! On today's episode of So to Speak: The Free Speech Podcast, producer Chris Maltby explores the rise of comic books in the early 20th century and the moral panic, book burnings, and censorship that followed. Show notes: "The Ten-Cent Plague: The Great Comic Book Scare And How It Changed America" by David Hajdu "The Mind of the Censor and the Eye of the Beholder" by Bob Corn-Revere "A National Disgrace" by Sterling North "Puddles of Blood," Time Magazine, 1948 Comic Book Legal Defense Fund www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

Are education schools secretly driving campus censorship? On today's episode of So to Speak: The Free Speech Podcast, we are joined by Lewis & Clark Associate Professor of English Lyell Asher to discuss his 2018 article for the Chronicle of Higher Education, "How Ed Schools Became a Menace." Also joining the conversation is FIRE President & CEO Greg Lukianoff, co-author of the bestseller "The Coddling of the American Mind." Show notes: Transcript "Educating School Leaders" by Arthur Levine Yale University: Protesters at Yale Threaten Free Speech, Demand Apologies and Resignations from Faculty Members Over Halloween Email "Please Report to Your Resident Assistant to Discuss Your Sexual Identity—It's Mandatory! Thought Reform at the University of Delaware" by Adam Kissel "Hard Words: Why Aren't Kids Being Taught to Read" by Emily Hanford "At a Loss for Words: How a Flawed Idea is Teaching Millions of Kids to be Poor Readers" by Emily Hanford "Look Who's Talking About Educational Equity" by Lyell Asher E.D Hirsch's Core Knowledge curriculum "Other People's Children: Cultural Conflict in the Classroom" by Lisa Delpit "Racial Microaggressions in Everyday Life" by Derald Wing Sue et al. www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

Ninth grader Brandi Levy was frustrated when she didn't make her high school's varsity cheerleading team so she posted an intemperate video about it on Snapchat to her 250 "friends." Four years later, that video, which led to her suspension from the junior varsity cheer team, will take center stage at the United States Supreme Court. Mahanoy Area School District v. B.L. is a case that University of Florida Professor Frank LoMonte says will determine "the future of student free speech." On today's episode of So to Speak: The Free Speech Podcast, we are joined by LoMonte, who also leads the Brechner Center for Freedom of Information, and FIRE Program Officer Lindsie Rank to discuss the Mahanoy case, which could answer some important lingering questions about student speech rights off-campus and on social media. The Supreme Court is set to hear oral arguments in the case on Wednesday, April 28. A decision is expected this summer. Show notes: Transcript "The future of student free speech comes down to a foul-mouthed Cheerleader," by Frank LoMonte FIRE, NCAC, and CBLDF file brief in Mahanoy Area School District v. B.L., cheerleader Snapchat case before Supreme Court www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

Editor's note: A previously published version of this episode featured an incorrect audio file for a different FIRE podcast. The error has been fixed and the correct audio file uploaded. We apologize for the error. Retired University of Wisconsin Professor Donald Downs is a legendary champion of free speech and academic freedom. But before he became one of the country's preeminent defenders of these values, he wrote a book that challenged prevailing free speech arguments. On today's episode of So to Speak: The Free Speech Podcast, we are joined by Professor Downs to discuss his journey from somewhat of a free speech skeptic to one of its most fervent defenders. Transcript Free Speech and Liberal Education: A Plea for Intellectual Diversity and Tolerance (2020) Nazis in Skokie: Freedom, Community, and the First Amendment (1985) Restoring Free Speech and Liberty on Campus (2007) www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, we discuss the newly formed Academic Freedom Alliance, which is a union of American college faculty members dedicated to protecting faculty expressive and academic freedom rights. Keith E. Whittington is the William Nelson Cromwell Professor of Politics in the Department of Politics at Princeton University. Professor Whittington is the chair of AFA's Academic Committee. He also is a member of FIRE's Board of Directors. Transcript www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

There are very few exceptions to the First Amendment, and "incitement to imminent lawless action" is one of them. In the wake of former President Donald Trump's impeachment trial over his alleged incitement of the Jan. 6 violence at the U.S Capitol, this obscure legal doctrine has captured headlines. On today's episode of So to Speak: The Free Speech Podcast, we discuss the incitement doctrine, and whether Trump's Jan. 6 speech amounted to incitement, with First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr. He is an Assistant Professor of Law at Belmont University and the Justice Robert H. Jackson Legal Fellow at FIRE. Transcript Brandenburg v. Ohio (1969) Transcript: Donald Trump speech at the Jan. 6 "Save America" rally www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, we explore a multi-year public records odyssey at the University of California, Los Angeles involving former Treasury Secretary Steven Mnuchin, a campus appearance, administrative stonewalling, and, finally, a successful lawsuit filed by FIRE. And, on the eve of Student Press Freedom Day, we learn about the challenges student journalists face accessing public records in the University of California system and why access to such records is important for democracy and for student journalists to fulfill their watchdog role. Show notes: Transcript www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, we are joined by media lawyer Ian Rosenberg to discuss his new book, "The Fight for Free Speech: Ten Cases That Define Our First Amendment Freedoms." Rosenberg is assistant chief counsel at ABC, Inc., where he has provided pre-broadcast counsel for ABC News clients on libel, newsgathering, intellectual property, and FCC regulatory issues since 2003. Show notes: Transcript www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

Last summer, Columbia University Professor John McWhorter wrote that he was receiving missives almost daily "from professors living in constant fear for their career because their opinions" are incompatible with campus orthodoxies. On today's episode of So to Speak: The Free Speech Podcast, we catch up with McWhorter to discuss how the culture has changed (or not) since The Atlantic published his article, "Academics Are Really, Really Worried About Their Freedom." McWhorter is a member of FIRE's Board of Directors and the host of the popular Lexicon Valley podcast. Show notes: Transcript www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, we are joined by senior editor at The Atlantic Kate Julian and FIRE President and CEO Greg Lukianoff to discuss rising rates of childhood depression, anxiety, and suicide. How might these trends be connected to the way we parent our kids — and what do they mean for our wider society and for campus free speech? Kate is the author of the 2020 Atlantic cover story, "What Happened To American Childhood?," and this conversation is part of Greg's "Catching up with Coddling" blog series, in which he reviews recent developments related to the themes of his co-authored 2018 book "The Coddling of the American Mind." Show notes: Transcript "Catching up with Coddling part seven: The #MustListen Kate Julian interview, 'Runaway Homophily,' and the second 'Coddling' Caveat" by Greg Lukianoff, Adam Goldstein, and Ryne Weiss "What Happened To American Childhood" by Kate Julian "The Coddling of the American Mind: How Good Intentions and Bad Ideas are Setting up a Generation for Failure" by Greg Lukianoff and Jonathan Haidt "Catching up with Coddling" blog series "Why Are Young People Having So Little Sex" by Kate Julian Greg's book recommendation: "Love, Money, and Parenting: How Economics Explains the Way We Raise Our Kids" by Matthias Doepke and Fabrizio Zilibotti www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, we are joined by Reason Magazine Senior Editor Robby Soave and FIRE President and CEO Greg Lukianoff to discuss the Washington, DC Capitol riot of Jan. 6, 2021 and the effect it has had — and will have — on free speech, particularly speech on the internet. Robby is the author of the forthcoming book "Tech Panic." www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by the editor of NationalReview.com, Charles C.W. Cooke, to discuss free speech philosophy, Christopher Hitchens, the October murder of a school teacher in France, and recent attacks on Section 230 of the Communications Decency Act. Show notes: Transcript "Hate Speech and the Limits of Free Expression," a Kenyon College panel (video) "What 'Snowflakes' Get Right About Free Speech" by Ulrich Baer Christopher Hitchens - Free Speech (video) "Free Speech Without Apologies" by Charles C.W. Cooke www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

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: Transcript www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]