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/freespeech...
May 16, 2019•37 min
"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...
May 02, 2019•1 hr 7 min
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 contri...
Apr 18, 2019•59 min
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/sotospeakpodc...
Apr 04, 2019•59 min
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...
Mar 21, 2019•1 hr 15 min
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.twi...
Mar 07, 2019•53 min
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 S...
Feb 21, 2019•1 hr 15 min
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 conversatio...
Feb 07, 2019•1 hr 5 min
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 Progr...
Jan 24, 2019•1 hr 1 min
Her journey started with wearing a black armband to school and proceeded to the landmark United States Supreme Court case Tinker v. Des Moines Independent School District (1969). But it by no means stopped there: Mary Beth Tinker, namesake of the "Tinker" decision, continues to be a free speech icon. On today's episode of So to Speak: The Free Speech Podcast , we share with you an unabridged version of a 2016 conversation between Tinker and attorney Robert Corn-Revere, in which Tinker sheds ligh...
Jan 10, 2019•28 min
Against 'Free Speech' with Anthony Leaker What does it mean to be "against 'free speech?'" On today's episode of So to Speak: The Free Speech Podcast , we speak with Anthony Leaker . Earlier this year he wrote an essay for Cato Unbound called "Against 'Free Speech'," in which he professes skepticism of the prevailing free speech narrative in the West and argues that it is often used as a Trojan Horse for far-right wing and fascist propaganda. Leaker is a principal lecturer in cultural and critic...
Dec 27, 2018•1 hr 24 min
Has every fact we've ever known undergone revision or reversal? It's a provocative and consequential idea, and one that complexity scientist Samuel Arbesman argues has some truth to it — even if he wouldn't state it that strongly. On today's episode of So to Speak: The Free Speech Podcast , we talk with Arbesman about his 2012 book, The Half-Life of Facts: Why Everything We Know Has an Expiration Date . If facts about our world are constantly shifting, shouldn't the protection of free speech — t...
Dec 13, 2018•57 min
Zachary Wood has become comfortable with uncomfortable conversations. He's engaged in them his entire life — with his mom who suffers from schizoaffective disorder, with his neighbors in Washington, D.C.'s impoverished Ward 8 community, and with his friends at the elite private high school he commuted four hours round trip to each day. So when Wood arrived at Williams College in 2014, he was prepared for the uncomfortable learning that comes along with uncomfortable conversations about the world...
Nov 29, 2018•1 hr 9 min
"Words are weapons in the world's most lyrical sport." That's how competitive battle rap is described by the makers of " Bodied ," a new satirical film produced by Eminem about a college student who decides to write a thesis paper on battle rap and through a twist of fate finds himself becoming a prodigy in the sport. On today's episode of So to Speak: The Free Speech Podcast , we speak with"Bodied" director Joseph Kahn . Kahn is a filmmaker and Grammy-award winning music video director, who has...
Nov 13, 2018•1 hr
On today's episode of So to Speak: The Free Speech Podcast , we discuss how decision-making, "information liquidity," and luck fit into our daily lives — and how a solid understanding of these concepts can point to an underappreciated benefit of free expression. Our guest is Annie Duke . She is a decision strategist, renowned poker player, and author of Thinking in Bets: Making Smarter Decisions When You Don't Have All the Facts . Duke won more than $4 million in tournament poker during her care...
Nov 01, 2018•1 hr 14 min
On today's episode of So to Speak: The Free Speech Podcast , we speak with Jameel Jaffer , executive director of the Knight First Amendment Institute at Columbia University. Jaffer and the Knight Institute seek to defend "the freedoms of speech and the press in the digital era through strategic litigation, research, and public education." Show notes: Podcast transcript Knight First Amendment Institute website Clapper v. Amnesty International , the U.S. Supreme Court case Jaffer argued challengin...
Oct 18, 2018•50 min
On today's episode of So to Speak: The Free Speech Podcast , we partner with the First Amendment Salon to present a conversation between former Solicitor General of the United States Donald B. Verrilli Jr. and University of Washington School of Law scholar Ronald Collins . Verrilli was solicitor general of the United States from June 2011 to June 2016 and during that time he argued dozens of cases in front of the U.S. Supreme Court, including many First Amendment cases. He is now a partner with ...
Oct 04, 2018•1 hr 26 min
There are very few exceptions to the First Amendment, and a "true threat" is one of them. But defining a true threat isn't easy. Ever since the U.S. Supreme Court first examined true threats in the 1969 case Watts v. United States , it's been a messy doctrine. The court didn't provide a definition of a true threat until many years after Watts, and even then questions still remained. On today's episode of So to Speak: The Free Speech Podcast , we discuss the true threats doctrine with First Amend...
Sep 20, 2018•43 min
Tribalism and group polarization are on the rise. So too are rates of anxiety, depression, and suicide. On campuses, professors and students are afraid to speak out. And on social media, outrage mobs rule the day. How did we get here? On today's episode of So to Speak , we are joined by FIRE President and CEO Greg Lukianoff to discuss his new co-authored book with New York University professor Jonathan Haidt, "The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a ...
Sep 04, 2018•54 min
Much has been written in recent months about online campaigns to get certain journalists , movie directors , and professors fired from their jobs because of things they said or wrote. Some campaigns have been successful. Some have not. On today's episode of So to Speak: The Free Speech Podcast , we talk about how these outrage mobs affect the world of comedy — in particular, one comedy club in Long Island City, New York. How should free speech advocates think about outrage mobs? Do they represen...
Aug 23, 2018•1 hr 9 min
How should we think about speech rights in the age of artificial intelligence and advanced robotics? On today's episode of So to Speak , we are joined by First Amendment scholars Ronald Collins and David Skover. They are the authors of the new book, Robotica: Speech Rights & Artificial Intelligence . From the printing press to the internet, advances in communications technology often upset the established order and spawn demands for censorship. There is little reason to suspect advances in a...
Aug 09, 2018•58 min
On this episode of So to Speak , we chat with lawyer and free speech activist Jacob Mchangama . He is the founder and CEO of the Danish think tank Justitia , a visiting fellow at FIRE, and host of Clear and Present Danger: A History of Free Speech . Mchangama is also the author of the lead essay for the Cato Institute's June Cato Unbound online debate on the topic of " how censorship crosses borders ." Our conversation focuses on the origins of Mchangama's interest in free speech issues, the 200...
Jul 25, 2018•1 hr 33 min
Supreme Court review: Kennedy, Kavanaugh, and "weaponizing the First Amendment" On this episode of So to Speak , we discuss President Donald Trump's nomination of Brett Kavanaugh to the United States Supreme Court and what it might mean for the First Amendment. We also review Anthony Kennedy's legacy, the free speech cases from this past Supreme Court term, and Justice Elena Kagan's contention that some of her colleagues are "weaponizing the First Amendment." The guests on today's show are: Paul...
Jul 11, 2018•1 hr 28 min
On today's episode of So to Speak , we take a trip down memory lane. We are joined by FIRE's Greg Lukianoff, Samantha Harris, and Will Creeley to discuss memorable cases from FIRE's 19-year history. You can watch a video of this conversation on FIRE's YouTube channel (youtube.com/thefireorg). www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100...
Jun 27, 2018•38 min
The United States is unique in its protection of what some might label "hate speech." Of course, certain expression is unprotected, like incitement to imminent lawless action and true threats. But expression that is deemed merely offensive or hateful is generally protected. On this episode of So to Speak , we welcome back to the show former ACLU president and New York Law Professor Nadine Strossen. She is the author of " HATE: Why We Should Resist It With Free Speech, Not Censorship ." In this n...
Jun 13, 2018•1 hr 24 min
In February, Princeton University President Christopher Eisgruber announced that he will distribute copies of " Speak Freely: Why Universities Must Defend Free Speech " to all Princeton students and faculty as part of the university's annual "Pre-read" program. On this episode of So to Speak , our guest is Princeton University Professor Keith Whittington , who is the author of "Speak Freely." We discuss the latest campus free speech news at Princeton and across the county. We are also joined by ...
May 30, 2018•1 hr
Is there a campus free speech crisis? In March, FIRE staff discussed the question . On today's episode of So to Speak: The Free Speech Podcast , we put the question to others and feature audio from a live debate that occurred on May 8 in New York City. New York magazine's Andrew Sullivan and New York University's Jonathan Haidt argue, yes, there is a campus free speech crisis. PEN America's Suzanne Nossel and Acadia University's Jeffrey Sachs argue, no, there is not. Freethink's Kmele Foster mod...
May 16, 2018•1 hr 50 min
Anthony Comstock is a name that has become synonymous with censorship in America. In 1873, he founded the New York Society for the Suppression of Vice, and his career led to the confiscation or incineration of more than 3 million pieces of allegedly "obscene, lewd, or lascivious" material. On this episode of So to Speak , we speak with Fashion Institute of Technology Professor Amy Werbel about her new book, " Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Coms...
May 03, 2018•1 hr 10 min
What are the greatest threats to a free press in America, and how have they changed in recent years? On this episode of So to Speak , we speak with Laura R. Handman , who is a partner at Davis Wright Tremaine and a co-chair of the firm's appellate practice. For 30 years, she has worked on free press issues ranging from defamation to reporter's privilege. Her media clients include National Public Radio, Atlantic Media, Dow Jones, The Economist, Amazon, Bloomberg, and many more. Don't forget! Join...
Apr 19, 2018•1 hr 9 min
In January, President Donald Trump called America's libel laws "a sham and a disgrace." Are they? On this episode of So to Speak: The Free Speech Podcast , we sit down with Ballard Spahr Senior Counsel Lee Levine to discuss what America's libel "laws" really are — and are not. www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100...
Apr 05, 2018•58 min