New technologies and the censorship instinct seem to go hand-in-hand. From the first days of the printing press, to the rise of radio and the telephone, to the advent of the internet, innovations in mass communication are often followed by a fear of what will happen if these novelties are left unrestricted — or uncensored. On today's episode of So to Speak, we speak with former Federal Communications Commission chief counsel and current Davis Wright Tremaine partner Bob Corn-Revere about what it...
Mar 23, 2017•55 min
Daryl Davis, a 58-year-old black man, has a question: "How can you hate me if you don't even know me?" For nearly three decades, Davis has been interviewing members of the Ku Klux Klan to find an answer to that question. However, in the course of his research, he found something he didn't expect to find: friendship. You see, while Davis was actively learning about the Klan members, they were passively learning about him, seeing that their prejudices were unfounded and becoming his friend. Today,...
Mar 09, 2017•40 min
In 1994, law student Rob Corry joined with eight other students to file a legal challenge to a Stanford University speech code. It was the first-ever lawsuit filed under California's recently-enacted "Leonard Law," which applies First Amendment protections to private, non-sectarian colleges in the state of California (like Stanford), and which the students argued made Stanford's restrictions on free speech unlawful. Winning wasn't going to be easy: Corry would be representing himself and his co-...
Feb 23, 2017•51 min
Flemming Rose didn't set out to put himself at the center of one of the biggest free speech controversies in recent memory, but 12 years ago he found himself in just that position. In 2005, Rose commissioned and published what are now widely known as "the Muhammad cartoons." Protests against the cartoons resulted in an estimated 200 reported deaths; there were attacks on the offices of Rose's employer, the Danish newspaper 'Jyllands-Posten'; and Rose was placed on Al-Qaeda's hit list. To this da...
Feb 09, 2017•59 min
We continue our conversation about the Turkish government's crackdown on civil society with Middle East Studies Association (MESA) President and City University of New York Professor Beth Baron. MESA has sounded the alarm bells about the threat to academic freedom posed by the Turkish government. In August 2016, they sent a letter to Secretary of State John Kerry regarding persecutions and prosecutions of scholars and academics within Turkey. www.sotospeakpodcast.com Follow us on Twitter: twitte...
Jan 27, 2017•35 min
If you care about free expression, you should care about what's happening in Turkey. Since a failed July 15, 2016 coup attempt against Turkey President Recep Tayyip Erdoğan, the Turkish government has intensified the use of emergency decrees and laws against terrorist propaganda and insulting the president to purge perceived dissenters within civil society. On today's episode, we are joined by journalist Mahir Zeynalov. Mahir writes for "The Huffington Post" and "Al Arabiya," and was deported fr...
Jan 26, 2017•58 min
Ken White has made a name for himself in First Amendment circles for his particularly astute and often comical commentary on free speech issues for the popular "law, liberty, and leisure" blog 'Popehat.' An attorney by day, Ken likes to use his considerable legal chops—he's a 1994 graduate of Harvard Law School—to take a rhetorical axe to what he sees as facile arguments in favor of censorship. Ken is our guest on today's episode of "So to Speak." We talk with him about his list of the worst cen...
Jan 12, 2017•50 min
A precipitous decline in the percentage of schools maintaining severely restrictive speech codes. A proliferation of bias response teams. "Security fee" or "speech tax?" Donald Trump. Milo Yiannopoulos. Penis drawings. These topics and more are covered in our recap of the fall 2016 semester, featuring Foundation for Individual Rights in Education vice presidents Samantha Harris and Will Creeley. Also, we take a listener question. www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespe...
Dec 29, 2016•58 min
In July, the ACLU tapped Georgetown University Law Center Professor David Cole to be its new national legal director. In that role, Cole will oversee nearly 300 lawyers and a docket of about 1,400 state and federal lawsuits. On today's episode of "So to Speak," Wall Street Journal Supreme Court Correspondent Jess Bravin interviews Cole about his new job and explores some of the hottest topics in the First Amendment world: flag burning, campaign finance reform, what can legally be done about risi...
Dec 15, 2016•1 hr 12 min
Attorney Martin Garbus' client list is a who's who of the world's foremost artists, politicians, corporations, scientists, and political dissidents. In a career spanning a half century, he's represented actors Sean Connery and Al Pacino, authors Tom Brokaw and Nancy Reagan, and even Nobel Prize winners Vaclav Havel and Andrei Sakharov. Although Garbus holds a diverse practice, he is perhaps most famous—and in some circles, infamous—for his work in First Amendment law. In today's episode of "So t...
Dec 01, 2016•49 min
In 1996, Emory University Professor Deborah Lipstadt found herself in a peculiar situation: she and a team of lawyers would have to defend the truth about the Holocaust against British historian and famed Holocaust denier David Irving. It was a quirk of the English legal system that allowed the battle to play out in court. In England, the burden of proof in libel cases rests on the defendant, not the plaintiff. So, when David Irving filed a libel lawsuit against Professor Lipstadt and her Britis...
Nov 17, 2016•39 min
The time of America's founding was full of raucous debate and widespread dissent. Americans built effigies, wrote pamphlets, sang songs, and gathered at liberty trees to protest British rule. But while citizens of the 13 colonies, and later America, might have acted like they had a right to express themselves in the myriad ways that they did, the spectre of seditious libel—illegal statements criticizing the government—often hung over their heads. In "Revolutionary Dissent: How the Founding Gener...
Nov 03, 2016•44 min
"How do you make the case for freedom of speech these days?," asks Brendan O'Neill in the latest episode of "So to Speak." The question is a serious one for O'Neill. As the editor of the online British current-affairs magazine "spiked," he is on the front lines every day fighting to preserve free speech and a free press in a legal environment that doesn't have a First Amendment. In a part of the world that just last year imprisoned a man for four months for singing a controversial song before a ...
Oct 20, 2016•45 min
"Two inflammatory words … one wild drink. Nectar imprisoned in a bottle. Let it out. It is cruel to keep a wild animal locked up." When artist and illustrator Ralph Steadman wrote those words for the label of Flying Dog Brewery's "Raging Bitch" Belgian-style IPA, he had no idea that cruel imprisonment would be precisely their fate. In 2009, the Michigan Liquor Control Commission banned the sale of "Raging Bitch" from store shelves in the state because the commission claimed the beer's name and i...
Oct 06, 2016•31 min
"Unfortunately, Title IX has really become unmoored from its original intention," says Foundation for Individual Rights in Education (FIRE) Executive Director Robert Shibley. Title IX is the 1972 law that prohibits sex discrimination in federally funded educational programs. The active part of the law is less than 40 words long. But in a forthcoming book entitled "Twisting Title IX," Shibley argues that these words have been "twisted" by an activist Department of Education to violate the free sp...
Sep 22, 2016•55 min
Earlier this year, Jason Riley was "disinvited" from speaking at Virginia Tech due to concerns that his writings on race would spark campus protests. The Wall Street Journal columnist, Fox News commentator, and Manhattan Institute senior fellow wasn't alone in seeing an invitation to speak on campus be revoked due to concerns that his appearance might prove controversial. He was in distinguished company. Former Secretary of State Condoleezza Rice, columnist George Will, International Monetary Fu...
Sep 08, 2016•43 min
Every year, the Foundation for Individual Rights in Education puts out a list of the 10 worst colleges for free speech. And this year, surprisingly, half of the schools on the list earned their spot because they threatened faculty's right to speak out in some way. One institution on that list was Northwestern University. Last year, Northwestern made headlines for its extraordinary attacks on academic freedom on two separate occasions. Once for its 72-day Title IX investigation into Professor Lau...
Aug 25, 2016•38 min
His trials began with a police bust at the Jazz Workshop in San Francisco in October 1961, and ended with an obscenity conviction in New York in November 1964. Stand-up comedy legend Lenny Bruce underwent 35 months—1,062 days—of nonstop persecution and prosecution for the content of his act. It was 50 years ago this month that an autopsy would report that Bruce died of an overdose of morphine on August 3, 1966. But anyone who knows his story knows it was more complicated than that. Billboard's P...
Aug 11, 2016•1 hr 10 min
Kelly Carlin, Rain Pryor, and Kitty Bruce are the daughters of the godfathers of comedy. Their fathers, George Carlin, Richard Pryor, and Lenny Bruce, shaped the stand-up comedy you hear today. If you listen to any of their routines and none of them surprise you, it's because they influenced every comedian who came later. In this exclusive interview, the daughters speak out for the first time together about their fathers and the censorship fights that all three comedy legends combatted in their ...
Jul 28, 2016•1 hr 5 min
Nationwide polls on support for free speech are full of contradictions. Research conducted by Gallup, the John S. and James L. Knight Foundation, and the Newseum Institute earlier this year found widespread support from college students for free speech in the abstract. However, the same poll also found tepid support when students were asked about specifics. According to the poll, a majority of respondents believed colleges should be able to restrict intentionally offensive speech and costumes th...
Jul 14, 2016•21 min
He has a glittering civil liberties résumé: co-founder of Human Rights Watch, president of the Open Society Foundations for nearly 20 years, professor of civil rights law. But before all of that, Aryeh Neier was the executive director of the ACLU during one of its most turbulent moments: when it came to the defense of neo-Nazis trying to exercise their right to free speech and assembly in Skokie, Illinois in 1977. In this week's episode, we speak with Neier about that time and about his seminal ...
Jun 30, 2016•58 min
The 2015–16 school year was a headline-grabbing year for free speech on campus. Even President Barack Obama felt compelled to weigh in on the conversation. Multiple times. In this episode of So to Speak: The Free Speech Podcast, we chat with FIRE President and CEO Greg Lukianoff and FIRE Director of Policy Research Samantha Harris—two of FIRE's longest-serving employees—about what made this past year so unique. What were the biggest campus free speech stories? What did we see coming? What took u...
Jun 16, 2016•53 min
Why did a black defense attorney, who fought against segregation in high school and battled racism in the courtroom, volunteer to defend the First Amendment rights of an Imperial Wizard of the Ku Klux Klan? David Baugh is a Richmond, Virginia-based attorney, who, while serving on the Board of Directors of the American Civil Liberties Union of Virginia, volunteered to defend the Klansman Barry Elton Black's right to burn a cross at a Klan rally. The case would eventually make its way up to the Su...
Jun 02, 2016•38 min
In discussions about free speech issues, you'll often hear people say something to the effect of, "I disapprove of what you say, but I'll defend to the death your right to say it." The quote is typically misattributed to the French Enlightenment thinker Voltaire. But proper crediting aside, the sentiment it expresses accurately reflects how many free speech advocates go about their work—including Glenn Greenwald. Greenwald is best known as one of the journalists who coordinated the 2013 National...
May 19, 2016•36 min
In 1993, a young Jonathan Rauch published "Kindly Inquisitors: The New Attacks on Free Thought." It was his response to what he saw as the West's lackluster and apologetic defense of the novelist Salman Rushdie's free speech rights. Since its publication, "Kindly Inquisitors" has never gone out of print and has been described by Foundation for Individual Rights in Education President & CEO Greg Lukianoff as the best modern defense of free speech and by "The Washington Post" columnist George ...
May 05, 2016•48 min
"So to Speak: The Free Speech Podcast" takes an uncensored look at the world of free expression through personal stories and candid conversations. Tune in on May 5 for the first episode of "So to Speak," featuring Brookings Institution Senior Fellow Jonathan Rauch and Foundation for Individual Rights in Education President & CEO Greg Lukianoff.
Apr 19, 2016•1 min
