Episode description

First Amendment scholar and philosopher Tara Smith offers a comprehensive analysis of free speech, situating her work within the broader intellectual landscape. She examines the perspectives of historical figures like John Locke, Thomas Jefferson, and John Stuart Mill while addressing contemporary issues such as social media speech, “cancel culture,” and religious exemptions. Smith’s approach involves dissecting key concepts like censorship and freedom, exploring the crucial distinction between speech and action.

Tara Smith is Professor of Philosophy at the University of Texas at Austin, where she has taught since 1989. A specialist in moral, legal, and political philosophy, she is author of the books Judicial Review in an Objective Legal System (Cambridge University Press, 2015), Ayn Rand’s Normative Ethics: The Virtuous Egoist (Cambridge, 2006), Viable Values: A Study of Life as the Root and Reward of Morality (Rowman and Littlefield, 2000), and Moral Rights and Political Freedom (Rowman and Littlefield 1995). Smith’s scholarly articles span such subjects as rights conflicts, the morality of money, everyday justice, forgiveness, friendship, pride, moral perfection, and the value of spectator sports.

Shermer and Smith discuss the First Amendment, the definition of freedom, the nature of rights, and how freedoms are won or lost. The conversation explores contemporary issues such as social media censorship, hate speech, and the blurring lines between speech and action. It also delves into legal concepts like libel, slander, and compelled speech. Historical context is provided through references to influential figures like Oliver Wendell Holmes and his introduction of the clear and present danger test in First Amendment law.