So to Speak: The Free Speech Podcast

On today's episode of So to Speak: The Free Speech Podcast, we are joined by FIRE's Robert Shibley and Adam Goldstein to discuss recent cases of censorship — and a case of racial segregation — on campus. Show notes: Teaching history not permitted: St. John's bulldozes academic freedom, punishes professor for posing question about 'Columbian Exchange' Portland's Lewis & Clark College mandates racial segregation in orientation programming Dear University of North Texas: The 'Heckler's veto' is not a good thing University of Northern Iowa administration must correct its student government's refusal to recognize 'hate group' Students for Life 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 Circuit Judge Douglas H. Ginsburg for a masterclass on the history of the U.S. Constitution. Judge Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986 and served as that court's Chief Judge from 2001-2008. He is also a Professor of Law at George Mason University and the host of the new PBS television series about the U.S. Constitution, "A More or Less Perfect Union, A Personal Exploration by Judge Douglas Ginsburg." Show notes: Transcript "A More or Less Perfect Union" is available via Amazon (Prime), the Free to Choose Network, and PBS. Judge Ginsburg recommended book: From Parchment to Power: How James Madison Used the Bill of Rights to Save the Constitution Judge Ginsburg in conversation with America's founding fathers (video) New FIRE documentary, "Mighty Ira: A Civil Liberties Story," now streaming via Amazon (Prime), iTunes, Google Play, and YouTube Movies. 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]

Since 1980, the Hugh M. Hefner First Amendment Awards have recognized those who go above and beyond to protect and enhance First Amendment rights. On today's episode of So to Speak: The Free Speech Podcast, we are joined by Christie Hefner, who founded and chairs the awards, to discuss the awards' origins and this year's awardees in the categories of law, book publishing, journalism, arts & entertainment, education, and lifetime achievement. From 1988 to 2008, Christie Hefner — daughter of Playboy founder Hugh Hefner — was Chairman and CEO of Playboy Enterprises, making her the longest-serving female CEO of a U.S. public company. For three years, she appeared on Forbes' "100 Most Powerful Women" list. Show notes: Attend: 2020 Hugh M. Hefner First Amendment Awards, Oct. 19 6 p.m. ET 2020 Hugh M. Hefner First Amendment awardees MightyIra.com (Ira Glasser documentary) "Rap on Trial: Race, Lyrics, and Guilt in America" (So to Speak podcast) Immigration Nation documentary 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]

Watch-along as Co-Director Nico Perrino narrates the new documentary film about the life and career of former ACLU Executive Director Ira Glasser, "Mighty Ira: A Civil Liberties Story." Show notes: MightyIra.com Watch Mighty Ira in virtual cinema through Angelika Film Center 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]

Former ACLU Executive Director Ira Glasser discusses the new film about his life and career, "Mighty Ira: A Civil Liberties Story."The film, now in "virtual cinema," makes the case for robust free speech protections amidst the "tough" cases, including the 1978 Skokie case and Charlottesville. Along the way, viewers will also learn about Glasser's growing up in Brooklyn, his friendship with William F. Buckley Jr., his path to the ACLU, which led through Senator Bobby Kennedy's office, and more.A May 2017 So to Speak interview with Glasser was the inspiration for the Mighty Ira documentary, and this interview is a reflection on some of what has happened since. Show notes: Transcript MightyIra.com Watch Mighty Ira in virtual cinema through Angelika Film Center "Traveling Hopefully," 1981 documentary about ACLU Founder Roger Baldwin "Inherit the Wind," 1960 film about ACLU "Scopes monkey trial" case Watch-along episode as Co-Director Nico Perrino narrates 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]

On today's episode of So to Speak: The Free Speech Podcast, FIRE Senior Research Fellow Sean Stevens joins us to discuss the "2020 College Free Speech Rankings: What's the Climate for Free Speech on America's College Campuses?" The rankings are based on the largest free speech survey of college students ever performed, which collected the views of 20,000 students. We discuss the best and worst colleges for free speech and other interesting data points from the survey: For example, 31% of students don't believe President Donald Trump should be allowed on campus to share his views. And 22% said the same of former Vice President Joe Biden. Show notes: Explore the rankings Read the report View the press release 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]

He is most widely known for his role as lead attorney in what's simply become known as "the Skokie case." But David Goldberger's storied legal career goes far beyond his representation of neo-Nazis who wanted to rally in a village where a large number of Holocaust survivors lived. On today's episode of So to Speak: The Free Speech Podcast, we are joined by Goldberger to discuss his half century of practice in First Amendment law — including his four (successful) trips to the U.S. Supreme Court. Show notes: Transcript Anew FIRE documentary film, "Mighty Ira: A Civil Liberties Story" (featuring David Goldberger) "The Skokie case: How I came to represent the free speech rights of Nazis" by David Goldberger Cutter v. Wilkinson (2005) McIntyre v. Ohio Elections Commission (1995) Capitol Square Review and Advisory Bd v. Pinette (1995) 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 Robert Shibley and Samantha Harris to discuss a whirlwind summer: FIRE has fielded a record number of requests for help, and this week the Department of Education's much-anticipated new Title IX regulations go into effect. There's also "cancel culture." Show notes: FIRE's recent cases "Law alone can't protect free speech" by Greg Lukianoff and Adam Goldstein "In memoriam: Professor Mike Adams, 1964-2020" by Robert Shibley "What do you think of cancel culture?" by Nick Cave 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]

Princeton Professor Peter Singer has been called "the world's most influential living philosopher." But he may be as controversial as he is influential. It's perhaps fitting then that he is a founding editor of a new academic publication called the Journal of Controversial Ideas. The journal claims to be the world's "first open access, peer-reviewed interdisciplinary journal specifically created to promote free inquiry on controversial topics." On today's episode of So to Speak: The Free Speech Podcast, we are joined by Professor Singer to discuss the journal, academic freedom, and his own personal brushes with controversy. A transcript of this episode can be found at this link. 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, we are joined by PEN America CEO Suzanne Nossel to discuss campus censorship, cancel culture, how different generations think about free speech, the attacks on Charlie Hebdo in 2015, and more. Nossel is the author of the forthcoming book, "Dare to Speak: Defending Free Speech for All." Show notes: Transcript Bari Weiss' resignation letter; Andrew Sullivan's "farewell letter" for New York magazine So to Speak podcast: Debating "Is there a campus free speech crisis?" with Andrew Sullivan, Jonathan Haidt, Suzanne Nossel, Jeffrey Sachs, & Kmele Foster "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 Harper's: "A letter on justice and open debate" "Does apologizing work? An empirical test of the conventional wisdom" by Richard Hanania "Why we're honoring Charlie Hebdo" by Andrew Solomon and Suzanne Nossel 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]

As protests against racial injustice continue across America, colleges and universities are increasingly speaking out in support of the protests. What's more, some are also taking action to investigate or punish faculty critical of the protesters' perceived aims. What does this mean for academic freedom and freedom of speech? And does this signal a shift away from the idea, best exemplified by the University of Chicago's Kalven Report, that there should be a "heavy presumption against the university taking collective action or expressing opinions on the political and social issues of the day?" To discuss, we are joined by Glenn Loury, Merton P. Stoltz Professor of the Social Sciences at Brown University, who objected to a letter about the protests sent by Brown's senior administrators. Show notes: Transcript Letter from from Brown's senior leaders: Confronting racial injustice" "I must object" by Glenn C. Loury "CU Boulder professor accused of racist, sexist social media posts" "Miller '70 P'02: Fascism and the open campus" 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 episode is a rebroadcast from March 2017. "If you spend five minutes with your worst enemy, you will find you have something in common," said Daryl Davis. "If you spend 10 minutes, you'll find you even have more in common. And the more you find that you have in common and build upon those things, the less the things that you have in contrast will begin to matter, like skin color." Since the early 90s, Davis, a black man, has taken up the curious pastime of befriending members of the Ku Klux Klan. The result? He has dozens of Klan robes at his home that were given to him by former Klan members who shed their racist beliefs after meeting him. On today's episode of So to Speak: The Free Speech Podcast, we explore how open dialogue and debate have shown Davis a path toward a more tolerant future. 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]

During the summer of 2017, a fierce dispute over the removal of Confederate monuments in Charlottesville, Va. captured national attention. The events that summer led to racial animosity and heated debate over our nation's history and the First Amendment, and threw one historic city into turmoil, ultimately culminating in death and tragedy during the weekend of Aug. 11. On today's episode of So to Speak, we are joined by Rodney Smolla to reflect on what happened in Charlottesville. Smolla is Dean and Professor of Law at the Delaware Law School of Widener University. He is also the author of a new book, "Confessions of a Free Speech Lawyer: Charlottesville and the Politics of Hate." Editor's note: This podcast was recorded on Wednesday, May 20, prior to the protests that began last week surrounding policing and race in America. Had these events taken place before our recording, they almost certainly would have been addressed, as there are many dots to connect between Charlottesville and our current moment, especially as they relate to race, the police, and our First Amendment rights. Show notes: Transcript Chaplinsky v. New Hampshire (1942) Doe v. McKesson (5th Circ. 2019) Beauharnais v. Illinois (1952) Virginia v. Black (2003) "Student survey: Did student attitudes toward campus speech change after Charlottesville" by Kelsey Naughton 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 new FIRE report finds that 77% of public colleges and universities use a blacklist of secret words to censor comments on their Facebook pages. What's more, 87% of them block particular users on Facebook or Twitter. How do these blacklists work? How were they discovered? And do they violate the First Amendment? On today's episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by the director of FIRE's Individual Rights Defense Program, Adam Steinbaugh. He is the author of "No Comment: Public Universities' Social Media Use and the First Amendment." Show notes: Knight Institute v. Trump PETA v. Texas A&M 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 Wednesday, the Department of Education published its long-awaited new Title IX regulations. Over the years — and with the federal government's prodding — Title IX has been twisted and used to justify censorship and the denial of core due process rights for those accused of sexual misconduct on America's college campus. The new regulations will better protect certain free speech and due process rights long denied to students. On today's episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by FIRE Executive Director Robert Shibley and FIRE Senior Fellow Samantha Harris for a deep-dive analysis of the new regulations and the history of Title IX abuse on campus. Show notes: Podcast transcript New Title IX regulations text FIRE press release on new Title IX regulations Information on the April 4, 2011 "Dear Colleague" letter List of lawsuits filed since 2011 "Dear Colleague" letter Campus Due Process Litigation Tracker "Twisting Title IX" by Robert Shibley 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]

With much of the country under stay-at-home orders due to COVID-19, what do these orders mean for the five freedoms of the First Amendment? On today's episode of So to Speak: The Free Speech Podcast, host Nico Perrino and constitutional law expert Josh Blackman will break it all down. Blackman is a professor of law at the South Texas College of Law in Houston and the author of three books, including his recently co-authored book with Professor Randy E. Barnett, "An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know." Show notes: Podcast transcript John Adams' second annual address to Congress, December 8, 1798 "The Right to Protest During the Pandemic," National Coalition Against Censorship coalition statement "Are Quarantine Orders Constitutional?," by Mark Miller, Pacific Legal Foundation "If Liquor Stores Are Essential, Why Isn't Church?," by Michael W. McConnell and Max Raskin First Amendment News 251: Public health and the First Amendment in the age of COVID-19 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]

For authoritarian leaders across the globe, the coronavirus emergency presents an opportunity to silence critics and consolidate power. On today's episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by international free expression experts Jacob Mchangama and Sarah McLaughlin to discuss how countries like Turkey, Hungary, Egypt, and Thailand are banning "fake news" amidst the pandemic — but, in doing so, are making the crisis worse. Mchangama is the executive director of Justitia, a Copenhagen-based think tank focused on human rights and the rule of law. He is also the host and producer of the podcast Clear and Present Danger: A History of Free Speech. McLaughlin is the director of Targeted Advocacy at FIRE. Show notes: "Coronavirus has started a censorship pandemic" by Jacob Mchangama and Sarah McLaughlin Clear and Present Danger podcast: A conversation with Monika Bickert, Head of Global Policy Management at Facebook Podcast: "The Great Influenza: The story of the deadliest pandemic in history," a lecture by John M. Barry "Hospitals must let doctors and nurses speak out," an interview with Nicholas Christakis by Conor Friedersdorf "Responding to 'Zoombombing': Best practices for students and faculty" by FIRE's Alex Morey FIRE statement on protecting academic freedom and freedom of expression in virtual classrooms 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]

How and why do authoritarian regimes seek to control information? On today's episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by University of Maryland Associate Professor Cynthia L. Martin to explore how one country, the former Soviet Union, restricted access to information and stifled dissent — and what changed when that regime collapsed in 1991. Show notes: Podcast transcript Nothing Is True and Everything Is Possible: The Surreal Heart of the New Russia Cato Institute lecture: Stalin's Propaganda and Putin's Information Wars, featuring Princeton University Professor Stephen Kotkin Call for Proposals: 2020 FIRE Faculty Conference 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]

"Coronavirus and the failure of the 'Marketplace of Ideas'" by Foundation for Individual Rights in Education President & CEO Greg Lukianoff, as read by Susan Kruth. 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 sits down with FIRE President & CEO Greg Lukianoff to discuss how FIRE is adapting to the coronavirus outbreak. We also explore the ideas behind Greg's new, widely discussed article, "Coronavirus and the failure of the 'Marketplace of Ideas'." Show notes: Transcript Greg's "The Eternally Radical Idea" blog Abrams v. United States (1919) FIRE's free speech high school curricula Yale's "Woodward" report" on freedom of expression 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]

Why is it important that we protect freedom of speech? On today's episode of So to Speak: The Free Speech Podcast, host Nico Perrino speaks with Duke University School of Law professor Joseph Blocher, who argues that one of the most common justifications for free speech — creating a "marketplace of ideas" in our search for truth — rests on unstable ground in our "post-truth" era. In his article, "Free Speech and Justified True Belief," Blocher argues for a reframing of this epistemic theory of free speech around knowledge, rather than truth. Nico and Blocher are joined in their discussion by frequent guest and First Amendment News Editor Ronald K.L. Collins. Show notes: Video of conversation Podcast transcript "Coronavirus and the failure of the 'Marketplace of Ideas'" by Greg Lukianoff "Bans" by Joseph Blocher National Institute of Family and Life Advocates v. Bacerra (2018) 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]

At a time when artistic expression has never enjoyed greater First Amendment protection, rap music has seemingly been left behind. Rap lyrics are routinely used as evidence by police and prosecutors to justify arresting and charging suspects for all manner of alleged crimes. In their new book, "Rap on Trial: Race, Lyrics, and Guilt in America," authors Erik Nielson and Andrea L. Dennis identify approximately 500 cases where the violent and aggressive themes within rap lyrics were used against defendants in court. On today's episode of So to Speak: The Free Speech Podcast, host Nico Perrino speaks with Nielson and Dennis about their book, in which they argue that no other form of creative expression — or genre of music — is treated the same way as rap by the law. "That's why we call this book 'Rap on Trial.' It's not art on trial. It's not music on trial. It's rap on trial." Read the 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]

Do violent video games make people more violent? Amid calls to censor or restrict access to violent video games because of their perceived contributions to violent events (such as school shootings), the question is as important as ever. On today's episode of So to Speak: The Free Speech Podcast, host Nico Perrino explores this question. He is joined by FIRE's resident video game expert (and FIRE staffer) Ryne Weiss and Villanova University professor Patrick M. Markey. Markey is the co-author with Christopher J. Ferguson of Moral Combat: Why the War on Violent Video Games is Wrong. Show notes: Podcast transcript Brown v. Entertainment Merchants Association (2011) "Addiction and expression" by Luke Morgan (Hastings Constitutional Law Quarterly) 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 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]

Is carrying a weapon during a political demonstration protected by the First Amendment? What about intentionally creating an addictive video game? Does the First Amendment's press clause require the existence of news outlets? On today's episode of So to Speak: The Free Speech Podcast, we explore these three topics and more with First Amendment scholar Luke Morgan, who has written three fascinating articles that examine the scope of the First Amendment's protections: "Leave your guns at home: The constitutionality of a prohibition on carrying firearms at political demonstrations" (Duke Law Journal) "Addiction and expression" (Hastings Constitutional Law Quarterly) "The broken branch: Capitalism, the Constitution, and the press" (forthcoming) 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 his FIRE colleagues Robert Shibley, Samantha Harris, and Will Creeley to discuss: the firing of a faculty member at Babson College for a satirical Facebook post; the punishment of two students at the University of Connecticut for the use of a racial epithet; an executive order on antisemitism; and upcoming regulations on Title IX. Recorded on Jan. 15. 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 you now or have you ever been a member of the Communist Party?"On today's episode of So to Speak: The Free Speech Podcast, we explore how America's fear of communism in the early- to mid-20th century led to firings and blacklists in Hollywood, government, and higher education — and how these actions compromised America's treasured principles of free speech, free conscience, free association, and due process of law.We are joined by Ellen Schrecker, a former professor at Yeshiva University and the author of Many Are the Crimes: McCarthyism in America and No Ivory Tower: McCarthyism and the Universities. Click here for 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 edition of So to Speak: The Free Speech Podcast, we celebrate 100 episodes by bringing back on the show popular past guests for a wide-ranging discussion on the state of free speech in America. Joining us are: Jonathan Rauch, senior fellow, Brookings Institution Nadine Strossen, professor, New York Law School, past president of the ACLU (1991-2008) Bob Corn-Revere, partner, Davis Wright Tremaine Greg Lukianoff, president & CEO, Foundation for Individual Rights in Education Show notes: Podcast transcript Video of the conversation Remarks by mother of Heather Heyer at Open Future Festival Chicago "Offices and Gentlemen" by Jonathan Rauch

On today's episode of So to Speak: The Free Speech Podcast, we are joined by professor Dale E. Miller to discuss the life and philosophy of the English philosopher John Stuart Mill, whose 1859 essay "On Liberty" is a classic text — maybe the classic text — defending the principles of free expression. Miller is a professor and associate dean for research and graduate studies at Old Dominion University. He is the author of J.S. Mill: Moral, Social, and Political Thought. Show notes: Podcast transcript The text of John Stuart Mill's "On Liberty" The Liberty Fund's collected works of John Stuart Mill Dale E. Miller's website: www.drdaleemiller.net 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 William & Mary Law School Professor Timothy Zick to discuss his new book, "The First Amendment in the Trump Era." 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 free speech exist? According to Cardozo Law Professor Stanley Fish, it does not. On today's episode of So to Speak: The Free Speech Podcast, we dig into what the colorful professor means by this assertion and discuss his forthcoming book, "The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-Truth, and Donald Trump." Show notes: Podcast transcript "There's No Such Thing As Free Speech: And It's a Good Thing, Too" by Stanley Fish "Areopagitica" by John Milton "Leviathan" by Thomas Hobbes New York Times v. Sullivan (1964) "Absence of Malice" (1981) movie "Inherit the Wind" (1960) movie "The Structure of Scientific Revolutions" by Thomas S. Kuhn "In defense of the NBA: The league has every right to come down hard on critics of China who work for it" by Stanley Fish 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]

He brought 45 First Amendment cases to the United States Supreme Court between 1939 and 1955. His success rate before the court was second only to future Supreme Court Justice Thurgood Marshall. He handled as many as 50 major cases a year and is responsible for much of the First Amendment doctrine we take for granted today. Who was this man — and why have most free speech scholars and activists never heard of him? On today's episode of So to Speak: The Free Speech Podcast, we discuss the life and legacy of Hayden C. Covington, who for many years was legal counsel for the Jehovah's Witnesses. We are joined by distinguished First Amendment scholar and recurring So to Speak guest Ronald K.L. Collins. Collins is the author of the Florida International University Law Review article "Thoughts on Hayden C. Covington and the Paucity of Litigation Scholarship." Show notes: Podcast transcript Video of podcast interview "Thoughts on Hayden C. Covington and the Paucity of Litigation Scholarship" by Ronald K.L. Collins Cases discussed: Minersville School District v. Gobitis (1940), Chaplinksy v. New Hampshire (1942), West Virginia State Board of Education v. Barnette (1943), Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976) Ronald K.L. Collins' First Amendment News "First Things First: A Modern Coursebook on Free Speech Fundamentals" by Ronald K.L. Collins, Will Creeley, and David Hudson (managing editor, Jackie Farmer) "We Must Not Be Afraid to Be Free: Stories of Free Expression in America" by Ronald K.L Collins & Sam Chaltain 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]

In 1999, criminal defense attorney Harvey Silverglate joined with University of Pennsylvania Professor Alan Charles Kors to found the Foundation for Individual Rights in Education. On today's episode of So to Speak: The Free Speech Podcast, we connect with Silverglate at his office in Cambridge, Mass. to discuss FIRE's founding, the origins of his interest in campus civil liberties, and what he sees for his creation's future. Join FIRE in celebrating our 20th anniversary in New York City on Oct. 24. The event will feature a keynote address from author Salman Rushdie. Show notes: Podcast transcript Short, FIRE-produced documentary about Harvey Silverglate "The Shadow University: The Betrayal of Liberty on America's Campuses" by Alan Charles Kors and Harvey Silverglate "Three Felonies A Day: How the Feds Target the Innocent" by Harvey Silverglate 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, journalist Kevin Williamson joins us to discuss his new book, "The Smallest Minority: Independent Thinking in the Age of Mob Politics." Williamson is the roving correspondent for National Review and co-host of the podcast Mad Dogs & Englishmen. Show notes: Podcast transcript "When the Twitter Mob Came for Me" by Kevin Williamson FIRE's High School Curriculum FIRE's Free Speech Essay Contest 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]

One year ago this week, "The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure" was published. On today's episode of So to Speak: The Free Speech Podcast, we sit down with FIRE President & CEO Greg Lukianoff, who co-authored the book with Jonathan Haidt, to reflect on what's changed — or hasn't changed — in the intervening year. Show notes: TheCoddling.com "College suggests students respond to 'offensive' language with 'ouch!'" Media coverage of Greg's talk in Italy (in Italian) "Five ways university presidents can prove their commitment to free speech" by Greg Lukianoff Study: "The Hidden Tribes of America" Documentary: "Can We Take a Joke?" Greg's book references/recommendations: "Our Kids: The American Dream in Crisis" by Robert Putnam "Love, Money & Parenting" by Matthias Doepke and Fabrizio Zilibotti "Achtung Baby" by Sara Zaske "So You've Been Publicly Shamed" by Jon Ronson 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 Knight First Amendment Institute Litigation Director Alex Abdo to discuss free speech, privacy, and President Donald Trump's Twitter account. Show notes: Podcast transcript "Why Rely on the Fourth Amendment To Do the Work of the First?" "Knight Institute v. Trump — lawsuit challenging President Trump's blocking of critics on Twitter" 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 fall, three writers and scholars announced they had submitted 20 fake papers to academic journals to test whether — as they suspected — certain fields of study lacked scientific and academic rigor. Of the 20 papers they submitted before revealing their hoax, seven were accepted, four published, seven were "still in play," and six were retired. The result is what's become known as the "Grievance Studies Affair." But what does their experiment prove, exactly? On today's episode of So to Speak: The Free Speech Podcast, we put this question directly to Jim Lindsay, Helen Pluckrose, and Peter Boghossian, who authored the controversial papers. Show notes: "Academic Grievance Studies and the corruption of scholarship" "Academics expose corruption in Grievance Studies" (documentary video) "What the 'Grievance Studies Hoax' means" "Portland State says researcher violated the rights of the editors he duped" 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]

National Review senior writer and former FIRE President David French has become an "-ism." On today's episode of So to Speak: The Free Speech Podcast, French joins us to discuss "David French-ism" and "the battle dividing conservatives" over civil liberties. Also joining us is FIRE's current President & CEO Greg Lukianoff, author of The New York Times bestseller "The Coddling of the American Mind," due out in paperback on Aug. 20. Show notes: Podcast transcript Podcast video "Against David French-ism" by Sohrab Ahmari "In defense of French-ism" by David French "Against conservative cultural defeatism" by David French "How free speech died on campus" by Sohrab Ahmari Greg's book recommendations: "The Shadow University" by Alan Kors and Harvey Silverglate, "Mere civility" by Teresa Bejan, "The Hollow Men" by Charles Sykes 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]

His office door was vandalized. He was accused of causing "harm" to his "college community." There was even a demand — supported by dozens of his faculty peers — to review his tenure.Why? Because he wrote an op-ed in The New York Times arguing for more viewpoint diversity at his campus. On today's episode of So to Speak: The Free Speech Podcast, Sarah Lawrence College professor Samuel Abrams joins us to discuss the response to his op-ed and the future of academic freedom, viewpoint diversity, and the role of faculty in college life.Also joining us is FIRE President & CEO Greg Lukianoff, author of The New York Times bestseller "The Coddling of the American Mind," due out in paperback edition on Aug. 20. Show notes: "Think professors are liberal? Try school administrators" by Samuel Abrams "When students want to review a tenured professor" "DEMANDS: Westlands sit-in 50 years of shame" "Faculty members need to reassert themselves as the people who direct discourse on campus (opinion)" by Samuel Abrams Viewpoint diversity on campus: A Heterodox Academy & FIRE panel discussion 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]

Community libraries have always been a target for would-be censors — and the past few months are no exception. On today's episode of So to Speak: The Free Speech Podcast, we explore past and present challenges to library content, and the unique role libraries play historically as bastions for free inquiry. We are joined by James LaRue, an award-winning librarian and the former director of the American Library Association's Office for Intellectual Freedom and the Freedom to Read Foundation. Show notes: Podcast transcript Doane University punishes librarian who displayed historical blackface photo University of Central Arkansas administration removes pro-LGBTQ Lady Gaga quote from Library sign 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 Constitution grants Congress the power "[t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." However, figuring out how Congress actually does this can be confusing. Copyrights, trademarks, patents, trade secrets, fair use? What do they all mean? Today's episode of So to Speak is all about simplifying intellectual property law for you — and explaining why free speech advocates should care about it. We are joined by FIRE Program Officer Adam Goldstein, who helps us break it all down. A video of this interview can be found on FIRE's YouTube channel. Podcast transcript. Adam's recommended additional reading: The Pre-History of Fair Use by Matthew Sag 'The Wind Done Gone' on Trial (transcript) 'Exploring the Bounds of Fair Use: Graham v. Prince' by Ayesha Syed 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, we are joined by Williams College Professor of Biology Luana Maroja. Professor Maroja's experience growing up under a dictatorship in Brazil led her to become an outspoken advocate for free speech at Williams College and a skeptic of the idea that words are violence. Show notes: Podcast transcript Relevant writings from Professor Maroja: "Freedom of speech at Williams College: Are the walls closing in?" "Standing with the free exchange of ideas: Understanding the Faculty Petition and the Chicago Statement" "In support of free speech: What we can learn from exposure to multiple ideas" "Refuting claims of institutional violence: Analyzing evidence of racism at the College" 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 Wen Fa, an attorney with the Pacific Legal Foundation who regularly litigates free speech cases. One of his most high-profile cases was the 2018 Supreme Court case Minnesota Voters Alliance v. Mansky, dealing with a polling-place dress code in Minnesota. Show notes: Minnesota Voters Alliance v. Mansky Ostrewich v. Trautman Kotler v. Webb 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]

"I saw the best minds of my generation destroyed by madness." So begins Allen Ginsberg's famous poem "Howl." You might be familiar with Allen Ginsberg. You might be familiar with the poem. But chances are you don't know about the efforts in San Francisco in 1957 to censor the poem. On today's episode of So to Speak, we discuss those efforts with distinguished First Amendment scholar and recurring So to Speak guest Ronald K.L. Collins. He is the co-author, with David M. Skover, of the new book, "The People v. Ferlinghetti: The Fight to Publish Allen Ginsberg's HOWL," which recounts the story behind the publication of "Howl" and the courageous fight against its censorship. Show notes: Video of this podcast conversation "Howl" by Allen Ginsberg Allen Ginsberg reads "Howl," (Big Table Chicago Reading, 1959) "The People v. Ferlinghetti: The Fight to Publish Allen Ginsberg's HOWL" Ronald K.L. Collins' First Amendment News www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak, we sit down with Cato Institute Senior Fellow Mustafa Akyol to discuss threats to freedom of thought and expression around the world, with a particular focus on situations in Turkey and China. Akyol has been described by CNN's Fareed Zakaria as "Turkey's finest political analyst." Prior to joining Cato, he was a senior fellow at The Freedom Project at Wellesley College, where he learned a thing or two about illiberalism in America. He is also a regular contributing opinion writer for The New York Times. Show notes: Podcast transcript Bios and bibliographies: http://www.mustafaakyol.org/, https://www.cato.org/people/mustafa-akyol, https://www.nytimes.com/column/mustafa-akyol FIRE Investigates: An (il)liberal arts education at Wellesley College "China's Gulag for Muslims" "One Month, 500,000 Face Scans: How China is Using A.I. to Profile a Minority" "The New Gulag Archipelago: How China "Reeducates" the Uyghurs and Why the World Should Be Alarmed" (Video of Cato Institute panel) www.sotospeakpodcast.comFollow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak, we ask the question, "can free speech be progressive?" Our guest is Louis Michael Seidman. He is the Carmack Waterhouse Professor of Constitutional Law at Georgetown Law and the author of the much-discussed 2018 Columbia Law Review article "Can Free Speech Be Progressive?" Click here for a transcript of the podcast. www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, we speak with Techdirt.com founder and editor Mike Masnick. Since founding Techdirt in 1997, Masnick has written nearly 50,000 blog posts for the publication and covered many of tech's hottest free speech controversies. He even coined the phrase "Streisand Effect." In this conversation, we discuss some of the issues Masnick has recently written about for Techdirt, including defamation lawsuits and content moderation. We also ask Mike about the founding of Techdirt, the culture for free speech in Silicon Valley, the fear surrounding new technologies, and, of course, the story behind the Streisand Effect. www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, FIRE staffers discuss our 2019 list of the 10 Worst Colleges for Free Speech. Participants in this show are: Nico Perrino, host of So to Speak, director of communications Will Creeley, senior vice president of legal and public advocacy Adam Steinbaugh, director of FIRE's Individual Rights Defense Program Sarah McLaughlin, senior program officer for legal and public advocacy www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

Former Federal Election Commission Chairman Bradley A. Smith is perhaps best known for opposing many campaign finance regulations on First Amendment grounds. On today's episode of So to Speak: The Free Speech Podcast, we talk with the former chairman about how political campaign activity is regulated in America and how this regulation implicates the First Amendment. We also explore some of today's hot-button campaign finance controversies. Smith is a professor of law at Capital University Law School in Columbus, Ohio. From 2000 until 2005, he served as a FEC commissioner. He was FEC chairman in 2004 and vice chairman in 2003. In 2005, Smith founded the Center for Competitive Politics, now known as the Institute for Free Speech. Show notes: Podcast transcript Cases: Buckley v. Valeo (1976), Randall v. Sorrell (2006) Citizens United v. Federal Election Commission (2010), Speechnow.org v. FEC (2010), McCutcheon v. Federal Election Commission (2014) Timeline: The history of campaign finance regulation Faulty Assumptions and the Undemocratic Consequences of Campaign Finance Reform by Bradley A. Smith (1996) Unfree Speech: The Folly of Campaign Finance Reform by Bradley A. Smith (2009) Stormy weather for campaign-finance laws National Enquirer didn't commit a crime by killing Trump affair stories www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, we speak with Rutgers Law School Professor Carlos Ball about his book, "The First Amendment and LGBT Equality: A Contentious History." During this conversation, we explore the history of how LGBT activists utilized the First Amendment to secure their rights, why Professor Ball considers that history "contentious," and how debates surrounding liberty and equality have roiled America for over a century and continue to drive conversations about LGBT rights today. Show notes: Podcast transcript The First Amendment and LGBT Equality: A Contentious History Cases: Roth v. United States (1957), One, Inc. v. Olesen (1958), Manual Enterprises, Inc. v. Day, Postmaster General (1962), Bowers v. Hardwick (1986), Romer v. Evans (1996), Boy Scouts of America v. Dale (2000), CLS v. Martinez (2010), Obergefell v. Hodges (2015), Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) Relevant past podcasts: Debating Masterpiece Cakeshop v. Colorado Civil Rights Commission, Jonathan Rauch's "Kindly Inquisitors" www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today's episode of So to Speak: The Free Speech Podcast, we are joined by four members of FIRE's staff to discuss the latest campus free speech news, including two new FIRE initiatives to tackle art censorship and restrictions on free speech and academic freedom abroad. Participants in this show are: Nico Perrino, host of So to Speak, director of communications Will Creeley, senior vice president of legal and public advocacy Adam Steinbaugh, director of FIRE's Individual Rights Defense Program Marieke Tuthill Beck-Coon, director of litigation Sarah McLaughlin, senior program officer for legal and public advocacy Show notes: YouTube video link: https://www.youtu.be/AKkL7nICtG8 Chicago State to rewrite policies, pay $650,000 to settle professors' First Amendment lawsuit Whistleblowers on campus: The fight for free speech and academic freedom (VIDEO) Nine years later, UCLA complains — again — about online critic Speech rights of 150,000 students to be restored as Los Angeles Community College District settles lawsuit Fencing in free speech at Los Angeles Pierce College (VIDEO) FIRE launches initiative to defend campus free expression across borders REPORT: Artists clash with campus censors Indiana University Kokomo confirms that once-removed sculptures will remain on display through end of semester The problem with porn filters Wisconsin system president reprimands UW La Crosse Chancellor for Free Speech Week talk by porn star EFF sues Texas A&M University for violating PETA's free speech rights by blocking group from its Facebook page Rutgers reverses finding against professor who posted about resigning from the white race on Facebook www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]