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TitreDateDurée
Ep. 251: Free speech and ‘the executive power’ with Advisory Opinions04 Sep 202501:12:34

What are the limits of presidential power? How many days has it been since President Trump’s TikTok ban moratorium went into place? What is the state of the conservative legal movement? And where did former FIRE president David French go on his first date?

French and Sarah Isgur of the popular legal podcast “Advisory Opinions” join the show to answer these questions and discuss the few free speech issues where they disagree with FIRE.

Timestamps: 

00:00 Intro

02:18 Origin story of “Advisory Opinions”

08:15 Disagreements between FIRE and AO

15:04 Why FIRE doesn’t editorialize on the content of speech

24:27 Limits of presidential power

43:30 Free speech, the dread of tyrants

51:01 The prosecution of political figures

58:01 Cracker Barrel

01:00:09 State of the conservative legal movement

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Ep. 250: Civil rights, hate speech, and the First Amendment28 Aug 202500:57:04

We know the First Amendment protects hate speech. But has it always done so? And how have civil rights groups responded when their members are the target of hate speech?

University of Iowa Law Professor Samantha Barbas is the author of a new law review article, “How American Civil Rights Groups Defeated Hate Speech Laws.”

Timestamps: 

00:00 Intro

04:04 “The Birth of a Nation” movie controversy

12:44 Henry Ford’s anti-Semitic “Dearborn Independent”

22:41 American Jewish Committee’s “quarantining” solution

28:41 ACLU’s Eleanor Holmes Norton defending a racist in court

33:42 Racist Senate candidate J.B. Stoner

37:28 Neo-Nazis and Skokie

47:20 Why are college students afraid of saying “the wrong thing?”

52:31 Barbas’ favorite free speech literature

53:15 Barbas’ free speech hero

Read the transcript here: https://www.thefire.org/research-learn/so-speak-podcast-transcript-civil-rights-hate-speech-and-first-amendment. 

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

 

Ep. 249: FIRE Reacts — Where does Harvard go from here? With Larry Summers12 Aug 202501:08:50

2025 has not been kind to Harvard.

To date, the Trump administration has revoked nearly $3 billion in research funding to the university, demanding violations of free speech, academic freedom, and institutional autonomy in return for restoring the funding. In response, Harvard filed a lawsuit, raising First Amendment claims. 

Helping us unpack all things Harvard are:

Timestamps: 

00:00 Intro

02:32 Harvard’s disputes with the Trump administration

08:29 The need for internal reforms at Harvard

42:50 Institutional neutrality debate

46:16 IHRA definition of anti-Semitism

01:01:28 Latest update on potential Harvard-Trump administration settlement

Read the transcript here: https://www.thefire.org/research-learn/so-speak-podcast-transcript-fire-reacts-where-does-harvard-go-here-larry-summers

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

 

Ep. 248: Commercial speech and the First Amendment06 Aug 202500:50:42

Imagine the government forcing you to label your all-natural milk product as “imitation.” 

Florida tried to make one dairy farm do just that, sparking a First Amendment question: Where’s the line between a business’s right to speak and protecting consumers from deception?

In this episode, we explore how far free speech protections go for commercial speech with:

Timestamps: 

00:00 Intro

05:03 What exactly is commercial speech?

08:25 The evolution of commercial speech law

13:59 Early regulation of commercial speech

23:03 What is false or misleading commercial speech?

26:04 Controversial regulations of non-misleading commercial speech

37:35 Future of commercial speech regulations

Read the transcript: https://www.thefire.org/research-learn/so-speak-podcast-transcript-state-commercial-speech

Coming up: Live episode of So To Speak 

On Monday, August 11th at 4 p.m. Eastern Time, Nico will be speaking with former Treasury Secretary/Harvard University president, Larry Summers, and FIRE President/CEO, Greg Lukianoff. They will discuss the Trump administration's campaign against elite universities, including Harvard, what outcomes we can expect from that campaign, and what those outcomes might mean for free speech, academic freedom, and university independence.

Register for the livestream here: https://thefire-org.zoom.us/webinar/register/5817544039734/WN_AISudjopTvu2Yzk2pXkDYg.

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

Ep. 247: Justin Amash24 Jul 202501:09:20

Throughout his career, former Congressman Justin Amash has been a strong advocate for freedom of speech, writing that “The value of free speech comes from encountering views that are unorthodox, uncommon, or unaccepted…Free speech is a barren concept if people are limited to expressing views already widely held.”

In this special live episode, filmed in front of 200+ high schoolers attending FIRE’s Free Speech Forum at American University in Washington, D.C., Amash takes questions from the audience and discusses his upbringing, his political career, the state of American politics, and how the Constitution guided his work in Congress.

Earlier this year, Congressman Amash joined FIRE’s Advisory Council.

Timestamps: 

00:00 Intro

03:30 Upbringing

06:21 Law school

13:15 Time in Congress

15:59 Why Amash publicly explained each of his votes

26:30 On being the first libertarian in Congress

30:57 Connection between his principles and free speech

33:10 Trump’s first impeachment

42:48 Dealing with pushback from constituents

46:03 Term limits for members of Congress?

55:25 How high schoolers can pursue a career in politics

59:45 Has there been a regression in First Amendment protections?

01:07:32 What Amash is up to now

01:08:06 Outro

Read the transcript here: https://www.thefire.org/research-learn/so-speak-podcast-transcript-justin-amash

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Ep. 246: Tech check — AI moratorium, Character AI lawsuit, FTC, Digital Services Act, and FSC v. Paxton10 Jul 202501:11:40

We’re checking in on the latest news in tech and free speech.

We cover the state AI regulation moratorium that failed in Congress, the ongoing Character A.I. lawsuit, the Federal Trade Commission’s consent decree with Omnicom and Interpublic Group, the European Union’s Digital Services Act, and what comes next after the Supreme Court’s Free Speech Coalition v. Paxton decision.

Guests:

Ari Cohn — lead counsel for tech policy, FIRE

Corbin Barthold — internet policy counsel, TechFreedom

Timestamps: 

00:00 Intro

02:38 State AI regulation moratorium fails in Congress

20:04 Character AI lawsuit

41:10 FTC, Omnicom x IPG merger, and Media Matters

56:09 Digital Services Act

01:02:43 FSC v. Paxton decision

01:10:49 Outro 

Read the transcript here: https://www.thefire.org/research-learn/so-speak-podcast-transcript-tech-check-ai-moratorium-character-ai-lawsuit-ftc

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

Ep. 245: The Supreme Court's decision in Free Speech Coalition v. Paxton27 Jun 202500:46:42

FIRE staff responds to the Court's decision in Free Speech Coalition v. Paxton that addresses a Texas law requiring age verification for accessing certain sexual material online.

Joining us:

Will Creeley — Legal director

Bob Corn-Revere — Chief counsel

Ronnie London — General counsel

Timestamps:

01:21 How the case wound up at the Supreme Court

06:57 Bob’s experience with arguing strict scrutiny in the courts

09:32 Ronnie’s perspective on the ruling

10:22 Brick + mortar stores vs. online sites

12:07 Has the Court established a new category of partially protected speech?

13:36 What speech is still subject to strict scrutiny after the ruling?

15:55 What does it mean to address the “work as a whole” in the internet context?

17:24 What modifications to the ruling, if any, would have satisfied FIRE?

18:06 What are the alternatives to address the internet’s risks toward minors?

20:16 For non-lawyer Americans, what is the best normative argument against the ruling?

22:38 Why is this ruling a “canary in the coal mine?”

23:36 How is age verification really about identity verification?

24:42 Why did the Court assume the need to protect children without citing any scientific findings in its ruling?

26:17 Does the ruling allow for more identity-based access barriers to lawful online speech?

28:04 Will Americans have to show ID to get into a public library?

29:30 Why does stare decisis seem to mean little to nothing to the Court?

32:08 Will there be a problem with selective enforcement of content-based restrictions on speech?

34:12 Could the ruling spark a patchwork of state laws that create digital borders?

36:26 Is there any other instance where the Court has used intermediate scrutiny in a First Amendment case?

37:29 Is the Court going to keep sweeping content-based statutes in the “incidental effect on speech” bucket?

38:14 Is sexual speech considered obscene?

40:33 How does the ruling affect adult content on mainstream social media platforms like Reddit and X?

43:27 Where does the ruling leave us on age verification laws?

Read the transcript here: https://www.thefire.org/research-learn/fire-reacts-supreme-courts-decision-free-speech-coalition-v-paxton

Show notes:

- Supreme Court ruling: https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf

- FIRE statement on FSC v. Paxton ruling: https://www.thefire.org/news/fire-statement-free-speech-coalition-v-paxton-upholding-age-verification-adult-content

- FIRE’s brief for the Fifth Circuit: https://www.thefire.org/news/supreme-court-agrees-review-fifth-circuit-decision-upholding-texas-adult-content-age

- FIRE’s amicus brief in support of petitioners and reversal: https://www.thefire.org/research-learn/amicus-brief-support-petitioners-and-reversal-free-speech-coalition-v-paxton

Ep. 244: Censoring lawmakers, T-shirts, and seashells05 Jun 202501:06:27

We discuss the Supreme Court backing Maine lawmaker Laurel Libby, NPR filing suit against Trump, a years-long dispute over a student wearing a “there are only two genders” shirt, the Secret Service investigation into James Comey, the latest on Harvard vs. Trump, and more.

Guests:

Bob Corn-Revere — chief counsel, FIRE


Lee Levine — former senior counsel, Ballard Spahr

Timestamps: 

00:00 Intro

03:34 Censure of Rep. Libby

07:02 Supreme Court shadow docket

13:53 NPR lawsuit against Trump admin

19:07 Differences between NPR and Voice of America cases

30:50 Middle school student wearing “there are only two genders” shirt

48:54 Recent investigation into former FBI Director James Comey

55:46 Latest updates with Harvard and Trump

01:05:27 Outro

Read the transcript here.

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

Ep. 243: Heather Mac Donald on Trump and free speech22 May 202500:59:40

Heather Mac Donald discusses the Trump administration’s free speech record amidst its battles with higher ed, mainstream media, law firms, and more.

Mac Donald is Thomas W. Smith Fellow at the Manhattan Institute. Her most recent book is “When race trumps merit: How the pursuit of equity sacrifices excellence, destroys beauty, and threatens lives.”

Timestamps: 

00:00 Intro

01:54 Mac Donald’s personal experience with being shouted down

05:34 Amy Wax, Carole Hooven, and other cancelled professors

11:04 Mac Donald’s support and concern on Trump’s free speech approach

23:41 Rümeysa Öztürk situation

32:08 The problems of campus bureaucracy

36:40 Trump’s executive orders on law firms

43:14 Trump’s attacks on AP News, CBS, ABC, Paramount, and other media companies

59:54 Outro

Read the transcript.

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

Ep. 242: Is cancel culture dead?08 May 202500:55:16

The co-authors of “The Canceling of the American Mind” discuss its new paperback release and where cancel culture stands a year and a half after the book’s original publication.

- Greg Lukianoff — 

  • President and CEO of FIRE

  • Co-author of "The Canceling of the American Mind"

- Rikki Schlott — 

  • New York Post columnist 

  • Co-author of "The Canceling of the American Mind"

Timestamps: 

00:00 Intro

04:35 Origin of book

07:56 Definition of cancel culture

17:55 Mike Adams, canceled professor

23:51 Alexi McCammond, former Teen Vogue editor-in-chief

31:57 Echo chambers on social media

35:09 Trump administration ‘canceling’ law firms and higher ed institutions

44:02 Rikki’s libertarian political identity 

51:02 Is cancel culture dead?

54:26 Outro

Read the transcript.

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

Ep. 241: The government’s money, the government’s rules?23 Apr 202500:54:54

Our guests today signed onto a statement by a group of 18 law professors who opposed the Trump administration’s funding threats at Columbia on free speech and academic freedom grounds. 

Since then, Northwestern, Cornell, Princeton, Harvard, and nearly 60 other colleges and universities are under investigation with their funding hanging in the balance, allegedly for violations of civil rights law. 

To help us understand the funding threats, Harvard’s recent lawsuit against the federal government, and where universities go from here are:

- David Rabban — distinguished teaching professor at The University of Texas at Austin School of Law

- Erwin Chemerinsky — distinguished professor of law and dean at UC Berkeley Law

Timestamps: 

00:00 Intro

02:50 Govt’s approach with Harvard and Columbia

05:39 Title VI violations

11:30 Anti-Semitism on campuses

23:02 Viewpoint diversity in higher education

27:12 Affirmative action and the Supreme Court

35:52 Title IX under the Obama and Biden administrations

42:32 Bob Jones University and tax-exempt status

45:53 Future of federal funding in higher education

54:08 Outro

Read the transcript.

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

Ep. 240: Is there a global free speech recession?09 Apr 202501:05:13

We travel from America to Europe, Russia, China, and more places to answer the question: Is there a global free speech recession? 

Guests:

- Sarah McLaughlin: FIRE senior scholar, global expression

- James Kirchick: FIRE senior fellow

- Jacob Mchangama: FIRE senior fellow

Timestamps: 

00:00 Intro

03:52 Free speech global surveys

07:49 Freedom of expression deteriorating

11:43 Misinformation and disinformation

18:05 Russian state-sponsored media

24:55 Europe’s Digital Services Act

29:26 Chinese censorship

34:33 Radio Free Europe

54:57 Mohammad cartoons

01:04:14 Outro

Read the transcript here.

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

- Authoritarians in the academy: How the internationalization of higher education and borderless censorship threaten free speech Sarah McLaughlin (2025) 

- “The First Amendment created gay America” So to Speak (2022)

- “Secret city: The hidden history of gay Washington” James Kirchick (2022)

- “Who in the world supports free speech?” The Future of Free Speech (2025)

- “V-DEM democracy report 2025: 25 years of autocratization — democracy trumped?” V-Dem Institute (2025)

- Global risks report 2024 World Economic Forum (2025)

- “Gay reporter kicked off Kremlin network after protesting anti-gay law” Washington Free Beacon (2013)

- Free speech: A history from Socrates to social media (paperback) Jacob Mchangama (2025)

- Europe's Digital Services Act (DSA) (2022)

- Careless people: A cautionary tale of power, greed, and lost idealism Sarah Wynn-Williams (2025)

- “The Voice of America falls silent” The New York Times (2025)

- Text of Havel’s speech to Congress The Washington Post (1990)

- Voice of America wins in court, for now, as judge blocks Trump administration from firing staff AP News (2025)

Ep. 239: Columbia University, Mahmoud Khalil, DEI, law firms, and more27 Mar 202501:04:24

We explore how censorship is impacting institutions — from universities to law firms to the Maine House of Representatives.

Timestamps: 

00:00 Intro

01:40 Federal government cuts Columbia’s funding

16:57 Updates on the Mahmoud Khalil case

27:01 Ed Martin’s Georgetown letter

34:59 Trump targeting law firms

55:01 Maine House censure of Rep. Laurel Libby

01:03:37 Outro

Read the transcript.

Guests:

- Will Creeley, FIRE’s legal director

- Conor Fitzpatrick, FIRE’s supervising senior attorney

- Lindsie Rank, FIRE’s director of campus rights advocacy 

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

- “DOJ, HHS, ED, and GSA announce initial cancelation of grants and contracts to Columbia University worth $400 million” U.S. Department of Justice (2025)

- HHS, ED, and GSA follow up letter to Columbia. U.S. Department of Health & Human Services, U.S. Department of Education, U.S. Government Services Administration (2025)

- “Columbia yields to Trump in battle over federal funding” The Wall Street Journal (2025)

- “Advancing our work to combat discrimination, harassment, and antisemitism at Columbia” Columbia University (2025)  

- “Columbia caves to feds — and sets a dangerous precedent” FIRE (2025)

- “ED, HHS, and GSA Respond to Columbia University’s Actions to Comply with Joint Task Force Pre-Conditions” U.S. Department of Education (2025)

- “FIRE demands answers from Trump admin officials on arrest of Mahmoud Khalil” FIRE (2025)

- “Brief of Amici Curiae in Support of Petitioner's Motion for Preliminary Injunction - Khalil v. Joyce” FIRE (2025)

- “​​We will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.” Secretary of State Marco Rubio via X (2025)

- “‘ICE proudly apprehended and detained Mahmoud Khalil, a radical foreign Pro-Hamas student on the campus of @Columbia University. This is the first arrest of many to come.’ President Donald J. Trump” The White House via X (2025)

- “WATCH: White House downplays stock market declines as ‘a snapshot’” PBS NewsHour (2025)

- “Secretary Rubio's remarks to the press” U.S. Department of State (2025)

- “Mahmoud Khalil. Notice to appear.” Habeeb Habeeb via X (2025)

- “Alien and Sedition Acts” National Archives (1798)

- Ed Martin’s letter to Georgetown Law Dean William Treanor. (2025)

- Dean Treanor’s response to Ed Martin. (2025)

- “Trump, Perkins Coie and John Adams” The Wall Street Journal (2025)

- “Suspension of Security Clearances and Evaluation of Government Contracts” The White House (2025)

- “Addressing Risks from Perkins Coie LLP” The White House (2025)

- “Addressing risks from Paul Weiss” The White House (2025)

- “Lawyers who anger the Feds face new penalties by decree” The CATO Institute (2025)

- “Today, President Donald J. Trump agreed to withdraw his March 14, 2025 Executive Order regarding the Paul, Weiss, Rifkind, Wharton & Garrison LLP law firm (‘Paul, Weiss’), which has entered into the following agreement with the President…” President Trump via TruthSocial (2025)

- “Head of Paul, Weiss says firm would not have survived without deal with Trump” The New York Times (2025)

- “House resolution relating to the censure of Representative Laurel D. Libby of Auburn by the Maine House of Representatives” Maine House of Representatives (2025)

- “Maine’s censure of lawmaker for post about trans student-athlete is an attack on free speech” FIRE (2025)

- “Maine State Rep. Laurel Libby disagreed with biological males competing in women’s sports, and now, the Maine State House is censuring her.” Sen. Kennedy via X (2025)

- “The open society and its enemies” Karl Popper (1945)

- “Cyber rights: Defending free speech in the digital age” Mike Godwin (1995)

Ep. 238: On Mahmoud Khalil18 Mar 202500:39:26

First Amendment lawyer Marc Randazza and immigration lawyer Jeffrey Rubin join the show to discuss the arrest, detention, and possible deportation of green card holder Mahmoud Khalil.

Timestamps: 

00:00 Intro

00:53 Latest updates on Khalil

02:51 First Amendment implications

06:08 Legal perspectives on deportation

11:54 Chilling effects on free expression

21:06 Constitutional rights for non-citizens

24:03 The intersection of free speech and immigration law

27:02 Broader implication of immigration policies

37:51 Outro

Read the transcript here.

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

- “​​We will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.” Secretary of State Marco Rubio via X (2025)

- “‘ICE proudly apprehended and detained Mahmoud Khalil, a radical foreign Pro-Hamas student on the campus of @Columbia University. This is the first arrest of many to come.’ President Donald J. Trump” The White House via X (2025)

- “WATCH: White House downplays stock market declines as ‘a snapshot’” PBS NewsHour (2025)

- “Secretary Rubio's remarks to the press” U.S. Department of State (2025)

- “Mahmoud Khalil. Notice to appear.” Habeeb Habeeb via X (2025)

Ep. 237: A tech policy bonanza! The FCC, FTC, AI regulations, and more12 Mar 202501:04:48

Does a cat stand on two legs or four? 

The answer to that question may tell you all you need to know about the government involving itself in social media content moderation.

On today’s show, we cover the latest tech policy developments involving the Federal Communications Commission, Federal Trade Commission, AI regulation, and more.

 

Guests:

- Ari Cohn, FIRE’s lead counsel, tech policy.

- Adam Thierer, a resident technology and innovation senior fellow at the R Street Institute  

- Jennifer Huddleston, a technology policy senior fellow at the CATO Institute

 

Timestamps:

00:00 Intro

01:30 Section 230

06:55 FCC and Section 230

14:32 Brendan Carr and “faith-based programming”

28:24 Media companies’ settlements with the Trump

30:24 Brendan Carr at Semafor event

38:37 FTC and social media companies

48:09 AI regulations

01:03:43 Outro

 

Read the transcript.

 

Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

 

Show notes:

Ep. 236: JD Vance, 60 Minutes, the Associated Press, the FCC, and more19 Feb 202501:06:27

From JD Vance’s free speech critique of Europe to the Trump administration barring the Associated Press from the Oval Office, free speech news is buzzing. General Counsel Ronnie London and Chief Counsel Bob Corn-Revere unpack the latest developments. 

Timestamps: 

00:00 Intro

01:49 JD Vance’s speech in Europe

13:27 Margaret Brennan’s comment on the Holocaust

15:13 Weimar fallacy

17:36 Trump admin v. Associated Press

21:33 DEI executive order

27:39 Trump’s lawsuits targeting the media

28:54 FIRE defending Iowa pollster Ann Selzer

32:29 Concerns about the FCC under Brendan Carr

44:09 2004 Super Bowl and the FCC

46:25 FCC’s history of using the “Section 230 threat”

49:14 Newsguard and the FCC

54:48 Elon Musk and doxxing

59:44 Foreigners and the First Amendment

01:05:19 Outro

Read the transcript here.

Enjoy listening to our podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Show notes:

- “Vice President JD Vance delivers remarks at the Munich Security Conference” The White House (2025)

- “Utterly bizarre assertion from Margaret Brennan…” Michael Tracey via X (2025)

- “Rubio defends Vance's Munich speech as CBS host suggests 'free speech' caused the Holocaust” FOX News (2025)

- “Posting hateful speech online could lead to police raiding your home in this European country” 60 Minutes (2025)

- “AP reporter and photographer barred from Air Force One over ‘Gulf of Mexico’ terminology dispute” AP News (2025)

- “FIRE statement on White House denying AP Oval Office access” FIRE (2025)

- “Ending radical and wasteful government DEI programs and preferencing” The White House (2025)

- “Meta to pay $25 million to settle 2021 Trump lawsuit” The Wall Street Journal (2025)

- “Trump settles suit against Elon Musk’s X over his post-Jan. 6 ban” AP News (2025)

- “Questions ABC News should answer following the $16 million Trump settlement” Columbia Journalism Review (2025)

- “Trump v. Selzer: Donald Trump sues pollster J. Ann Selzer for ‘consumer fraud’ over Iowa poll” FIRE (2025)

- “A plea for institutional modesty” Bob Corn-Revere (2025)

- “Telecommunications Act” FCC (1996)

- Section 230 (1993)

- “CBS News submits records of Kamala Harris' '60 Minutes' spot to FCC amid distortion probe” USA Today (2025)

- “Complaints against various television licensees concerning their February 1, 2004 broadcast of the Super Bowl XXXVIII halftime show” FCC (2004)

- “Brendan Carr’s letter to Big Tech CEOs” Brendan Carr via the FCC (2024)

- “NRA v. Vullo” (2023)

- “She should be fired immediately” Elon Musk via X (2025)

- “Restoring freedom of speech and ending federal censorship” The White House (2025)

- “Protecting the United States from foreign terrorists and other national security and public safety threats” The White House (2025)

Ep. 235: Cancel culture, legal education, and the Supreme Court with Ilya Shapiro06 Feb 202501:19:24

Over the years, elite institutions shifted from fostering open debate to enforcing ideological conformity. But as guest Ilya Shapiro puts it, “the pendulum is swinging back.” He shares his firsthand experience with cancel culture and how the American Bar Association’s policies influence legal education. Shapiro also opines on major free speech cases before the Supreme Court, including the TikTok ownership battle and Texas’ age verification law for adult content.

Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute. He previously (and briefly) served as executive director and senior lecturer at the Georgetown Center for the Constitution and as a vice president at the Cato Institute. His latest book, “Lawless: The Miseducation of America’s Elites,” is out now.

Enjoy listening to our podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Read the transcript.

Timestamps: 

00:00 Intro

02:58 Shapiro’s Georgetown controversy

15:07 Free speech on campus

26:51 Law schools’ decline

40:47 Legal profession challenges

42:33 The “vibe shift” away from cancel culture

56:02 TikTok and age verification at the Supreme Court

01:03:37 Anti-Semitism on campus

01:09:36 Outro

Show notes:

- “The illiberal takeover of law schools” City Journal (2022)

- “Poll finds sharp partisan divisions on the impact of a Black woman justice.” ABC News (2022)

- “Why I quit Georgetown.” Ilya Shapiro, The Wall Street Journal (2022)

- “Georgetown’s investigation of a single tweet taking longer than 12 round-trips to the moon.” FIRE (2022)

- Students for Fair Admissions v. Harvard (2023)

- Lamont v. Postmaster General (1965)

- TikTok Inc v. Garland (2025)

- Free Speech Coalition v. Paxton (2024)

- Ginsberg v. New York (1968)

- International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism (last updated 2025)

Ep. 234: The Chicago Canon23 Jan 202501:07:31

The University of Chicago is known for its commitment to free speech and academic freedom. Why are these values important to the university? Where do they originate? And how do they help administrators navigate conflicts and controversies?

Tony Banout and Tom Ginsburg direct the University of Chicago’s Forum for Free Inquiry and Expression, which received a $100 million gift last year. They are also editors of “The Chicago Canon on Free Inquiry and Expression,” a new book that collects foundational texts that inform the university’s free speech tradition.

Enjoy listening to our podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Read the transcript.

Timestamps: 

00:00 Intro

03:31 Origin of book

07:14 UChicago’s founding principles

12:41 Free speech in a university context

19:17 2015 UChicago committee report

32:03 1967 Kalven report

38:02 Institutional neutrality

57:41 Applying free speech principles beyond the university

01:04:21 Future steps for the Forum

01:06:35 Outro

Show notes:

- The University of Chicago’s Report of the Committee on Freedom of Expression (2015)

- Chicago Statement: University and Faculty Body Support (last updated 2024)

- The University of Chicago Kalven Report (1967)

Ep. 233: Rethinking free speech with Peter Ives09 Jan 202501:21:06

Is the free speech conversation too simplistic? 

Peter Ives thinks so. He is the author of “Rethinking Free Speech,” a new book that seeks to provide a more nuanced analysis of the free speech debate within various domains, from government to campus to social media.

Ives is a professor of political science at the University of Winnipeg. He researches and writes on the politics of “global English," bridging the disciplines of language policy, political theory, and the influential ideas of Antonio Gramsci.

Enjoying our podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Read the transcript.

Timestamps: 

00:00 Intro

02:25 The Harper’s Letter

05:18 Neil Young vs. Joe Rogan

08:15 Free speech culture

09:53 John Stuart Mill

12:53 Alexander Meiklejohn

17:05 Ives’s critique of Jacob Mchangama’s “History of Free Speech” book

17:53 Ives’s definition of free speech

19:38 First Amendment vs. Canadian Charter of Rights

21:25 Hate speech

25:22 Canadian Charter and Canadian universities

34:19 White supremacy and hate speech

40:14 Speech-action distinction

46:04 Free speech absolutism

48:49 Marketplace of ideas

01:05:40 Solutions for better public discourse

01:13:02 Outro 

Show notes:

Ep. 232: We answer your free speech questions18 Dec 202401:06:49

FIRE staffers take your questions on the TikTok ban, mandatory DEI statements, the Kids Online Safety Act, Trump vs. the media, and more.

Joining us:
  • Ari Cohn, lead counsel for tech policy

  • Robert Shibley, special counsel for campus advocacy

  • Will Creeley, legal director

This webinar was open to the public. Future monthly FIRE Member Webinars will not be. Become a paid subscriber today to receive invitations to future live webinars.

If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.

Timestamps:

00:00 Intro

00:52 Donate to FIRE!

02:49 TikTok ban

10:01 Ari’s work as tech policy lead counsel

12:03 Mandatory DEI statements at universities

15:19 How does FIRE address forced speech?

18:17 Texas’ age verification law

24:35 Would government social media bans for minors be a First Amendment violation?

33:48 Online age verification

35:17 First Amendment violations while making public comments during city council/school board public meetings

37:25: Edison, New Jersey city council case

39:48 FIRE’s role in educating Americans

41:55 If social media addiction cannot be dealt with like drugs, how can it be dealt with?

43:34 “Pessimists Archive” Substack and moral panics

45:27 Trump and the media

51:23 Gary Gadwa case

52:49 How to distinguish the freedom of speech versus freedom from social consequences?

55:53 Free speech culture is a “mushy concept”

57:58 ABC settlement with Trump

01:01:27 Nico’s upcoming book!

01:02:32 FIRE and K-12 education

01:04:40 Outro

Show notes:

“TikTok Inc. and ByteDance LTD. v. Merrick B. Garland, in his official capacity as attorney general of the United States” (D.C. 2024)

“Opinion: The TikTok court case has staggering implications for free speech in America” L.A. Times (2024)

H.B. No. 1181 (Tex. 2023; Texas age-verification law)

“The Anxious Generation” Jonathan Haidt (2024)

S. 1409 - Kids Online Safety Act (2023-2024)

American Amusement MacH. Ass’n v. Kendrick (Ind. 2000)

“Edison Township, New Jersey: Town Council bans props, including the U.S. flag and Constitution, at council meetings” FIRE (2024)

“LAWSUIT: Arizona mom sues city after arrest for criticizing government lawyer’s pay” FIRE (2024)

"President Donald J. Trump v. J. Ann Selzer, Selzer & Company, Des Moines Register and Tribune company, and Gannett Co., Inc.” (2024)

“Trump v. American Broadcasting Companies, Inc.” (2024)

“New Jersey slaps down censorship with anti-SLAPP legislation” FIRE (2023)

“FIRE defends Idaho conservation officer sued for criticizing wealthy ranch owner’s airstrip permit” FIRE (2023)

“On Liberty” John Stuart Mill (1859)

“Home Depot cashier fired over Facebook comment about Trump shooting” Newsweek (2024)

“Free speech culture, Elon Musk, and Twitter” FIRE (2022)

“Questions ABC News should answer following the $16 million Trump settlement” Columbia Journalism Review (2024)

“Appellants’ opening brief — B.A., et al. v. Tri County Area Schools, et al.” FIRE (2024)

Transcript is here
Ep. 231: What is academic freedom? With Keith Whittington12 Dec 202401:07:00

“Who controls what is taught in American universities — professors or politicians?”

Yale Law professor Keith Whittington answers this timely question and more in his new book, “You Can’t Teach That! The Battle over University Classrooms.” He joins the podcast to discuss the history of academic freedom, the difference between intramural and extramural speech, and why there is a “weaponization” of intellectual diversity.

Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law.

Read the transcript.

Timestamps: 

00:00 Intro

02:00 The genesis of Yale’s Center for Academic Freedom and Free Speech

04:42 The inspiration behind “You Can’t Teach That!”

06:18 The First Amendment and academic freedom

09:29 Extramural speech and the public sphere

17:56 Intramural speech and its complexities

23:13 Florida’s Stop WOKE Act

26:34 Distinctive features of K-12 education

31:13 University of Pennsylvania professor Amy Wax

39:02 University of Kansas professor Phillip Lowcock

43:42 Muhlenberg College professor Maura Finkelstein

47:01 University of Wisconsin La-Crosse professor Joe Gow

54:47 Northwestern professor Arthur Butz

57:52 Inconsistent applications of university policies

01:02:23 Weaponization of “intellectual diversity”

01:05:53 Outro

Show notes:

Ep. 230: Wilson vs. FDR: Who was worse for free speech?25 Nov 202401:09:43

Woodrow Wilson or Franklin D. Roosevelt: which president was worse for free speech?

In August, FIRE posted a viral X thread, arguing that Woodrow Wilson may be America’s worst-ever president for free speech. Despite the growing recognition of Wilson’s censorship, there was a professor who wrote a recent book on FDR’s free speech record, arguing that FDR was worse. 

Representing the Wilson side in our discussion is Christopher Cox, author of the new book, “Woodrow Wilson: The Light Withdrawn.” Cox is a former member of the House of Representatives, where he served for 17 years, including as chair of the Homeland Security Committee. He is currently a senior scholar in residence at the University of California, Irvine. 

Representing the FDR side is professor David T. Beito, a Research Fellow at the Independent Institute and Professor Emeritus at the University of Alabama. He is the author of a number of books, his latest being “The New Deal’s War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveillance.”

Read the transcript.

Timestamps: 

00:00 Intro

03:41 Wilson’s free speech record

15:13 Was FDR’s record worse than Wilson’s?

24:01 Japanese internment

29:35 Wilson at the end of his presidency

37:42 FDR and Hugo Black

42:31 The Smith Act

45:42 Did Wilson regret his actions?

50:31 The suffragists

56:19 Did FDR regret his actions?

01:02:04 Outro

Show notes:

Ep. 229: Ayaan Hirsi Ali will not submit14 Nov 202400:45:10

Ayaan Hirsi Ali grew up in a culture of conformity. She was beaten and mutilated. She was told who she must marry.

Eventually, she rebelled.

“You don’t speak up at first,” she told us. “First you leave and you find a place of safety. It’s only after that experience that it occurred to me to speak up about anything.”

Hirsi Ali is a human rights activist, a research fellow at the Hoover Institution, the founder of the AHA Foundation, and the host of the Ayaan Hirsi Ali Podcast. She is also the best-selling author of a number of books, including “Infidel,” “Nomad,” “Heretic,” and, “Prey.” Her latest initiative is Courage Media, which describes itself as a space for courageous conversations. 

Read the transcript.

Timestamps: 

00:00 Intro

04:36 Conformity and its consequences

09:03 Islam and free speech

16:38 Immigration and the clash of civilizations

26:03 Censorship and decline in higher education

34:14 Cost of criticism and finding one’s voice

37:20 Hope for the future

43:58 Outro

Show notes:

Ep. 228: Does artificial intelligence have free speech rights?01 Nov 202401:10:43

In this live recording of “So to Speak” at the First Amendment Lawyers Association meeting, Samir Jain, Andy Phillips, and Benjamin Wittes discuss the legal questions surrounding free speech and artificial intelligence.

Samir Jain is the vice president of policy at the Center for Democracy and Technology. Andy Phillips is the managing partner and co-founder at the law firm Meier Watkins Philips and Pusch. Benjamin Wittes is a senior fellow in governance studies at the Brookings Institution and co-founder and editor-in-chief of Lawfare.

Read the transcript.

Timestamps: 

00:00 Intro

01:54 The nature of AI models

07:43 Liability for AI-generated content

15:44 Copyright and AI training datasets

18:45 Deepfakes and misinformation

26:05 Mandatory disclosure and AI watermarking

29:43 AI as a revolutionary technology

36:55 Early regulation of AI 

38:39 Audience Q&A

01:09:29 Outro

Show notes:

-Court cases:

-Legislation:

-Articles:

Ep. 227: Should there be categories of unprotected speech?22 Oct 202401:03:31

The FIRE team debates the proposition: Should there be any categories of unprotected speech?

General Counsel Ronnie London and Chief Counsel Bob Corn-Revere go through each category of speech falling outside First Amendment protection to decide whether it should remain unprotected or if it’s time to “remove an arrow from the government’s quiver.”

Read the transcript.

Timestamps: 

00:00 Intro

17:59 Obscenity

21:20 Child pornography

25:25 Fighting words

32:36 Defamation

41:22 Incitement to imminent lawless action

52:07 True threats

56:30 False advertising and hate speech

01:02:50 Outro

Show notes:

-Court cases:

-Legislation:

Ep. 226: ‘Shouting fire,’ deepfake laws, tenured professors, and mask bans10 Oct 202401:05:35

The FIRE team discusses Tim Walz’s controversial comments on hate speech and “shouting fire in a crowded theater.” We also examine California’s AI deepfake laws, the punishment of tenured professors, and mask bans.

 

Joining us are:

Aaron Terr, FIRE’s director of Public Advocacy;

Connor Murnane, FIRE’s Campus Advocacy chief of staff; and

Adam Goldstein, FIRE’s vice president of strategic initiatives.

 

Read the transcript.

 

Timestamps:

00:00 Intro

01:51 Tim Walz’s comments on hate speech and “shouting fire”

15:36 California’s AI deepfake laws

32:05 Tenured professors punished for expression

54:27 Nassau County’s mask ban

1:04:39 Outro

 

Show notes:

Court cases:

Schenck v. United States (1919)

Brandenburg v. Ohio (1969)

National Socialist Party of America v. Village of Skokie (1977)

Texas v. Johnson (1989)

Snyder v. Phelps (2011)

Matal v. Tam (2017)

Virginia v. Black (2003)

NAACP v. Alabama (1958)

Kohls v. Bonta (this suit challenges the constitutionality of AB 2839 and AB 2655) (2024)

G.B. et al. v. Nassau County et al. (this class action lawsuit alleges Nassau County's Mask Transparency Act is unconstitutional and discriminates against people with disabilities) (2024)

Legislation:

AB 2839 

AB 2655

AB 1831

Title VI (Civil Rights Act of 1964)

Section 230 (Communications Decency Act of 1996)

Articles/Tweets:

“This is amazing😂” Elon Musk via X (2024)

“BREAKING: The Babylon Bee has obtained this exclusive, official, 100% real Gavin Newsom election ad.” The Babylon Bee via X (2024)

“The 1912 war on fake photos.” Pessimists Archive via Substack (2024)

“Professor fired for porn hobby vows to take university to court.” FIRE (2024)

“Amy Wax is academic freedom's canary in the coal mine.” FIRE (2024)

“In major hit to tenure, Muhlenberg fires pro-Palestinian professor.” FIRE (2024)

“U.S. Department of Education’s Office for Civil Rights announces resolution of antisemitism investigation of Muhlenberg College.” U.S. Department of Education (2024)

Ep. 225: Debating social media content moderation26 Sep 202401:12:21

Can free speech and content moderation on social media coexist?

Jonathan Rauch and Renee DiResta discuss the complexities of content moderation on social media platforms. They explore how platforms balance free expression with the need to moderate harmful content and the consequences of censorship in a digital world.

Jonathan Rauch is a senior fellow at the Brookings Institution and the author of “The Constitution of Knowledge: A Defense of Truth” and “Kindly Inquisitors: The New Attacks on Free Thought.” Renee DiResta was the technical research manager at the Stanford Internet Observatory and contributed to the Election Integrity Partnership report and the Virality Project. Her new book is “Invisible Rulers: The People Who Turn Lies Into Reality.”

READ THE TRANSCRIPT.

Timestamps:

00:00 Intro

03:14 Content moderation and free speech

12:33 The Election Integrity Partnership

18:43 What activity does the First Amendment not protect?

21:44 Backfire effect of moderation

26:01 The Virality Project

30:54 Misinformation over the past decade

37:33 Did Trump’s Jan 6th speech meet the standard for incitement?

44:12 Double standards of content moderation

01:00:05 Jawboning

01:11:10 Outro

Show notes:

Election Integrity Partnership report (2021)

The Virality Project (2022)

Moody v. NetChoice and NetChoice v. Paxton (2024)

“This Place Rules” (2022)

Murthy v. Missouri (2024)

“Why Scholars Should Stop Studying 'Misinformation',” by Jacob N. Shapiro and Sean Norton (2024)

“FIRE Statement on Free Speech and Social Media” 

Ep. 224: Ayn Rand, Objectivism, and free speech12 Sep 202401:10:27

What happens when philosopher Ayn Rand’s theories meet free speech?

Tara Smith and Onkar Ghate of the Ayn Rand Institute explore Rand’s Objectivist philosophy, its emphasis on reason and individual rights, and how it applies to contemporary free speech issues. 

Smith and Onkar are contributors to a new book, “The First Amendment: Essays on the Imperative of Intellectual Freedom.” Listeners may be particularly interested in their argument that John Stuart Mill, widely regarded as a free speech hero, actually opposed individual rights.

Tara Smith is a philosophy professor at the University of Texas at Austin and holds the Anthem Foundation Fellowship in the study of Objectivism. Onkar Ghate is a senior fellow at the Ayn Rand Institute, where he teaches undergraduate and graduate courses on Objectivism.

 

Timestamps:

00:00 Intro

02:51 What is Objectivism?

06:19 Where do Objectivism and free speech intersect?

09:07 Did Rand censor her rivals?

13:54 Government investigations of communists and Nazis

18:12 Brazilian Supreme Court banning X

20:50 Rand’s USSR upbringing

24:39 Who was in Rand’s “Collective” group?

35:12 What is jawboning?

40:01 The freedom to criticize on social media

46:02 Critiques of John Stuart Mill

59:49 Addressing a critique of FIRE

01:09:01 Outro 

 

Transcript is HERE

 

Show notes:

Ep. 223: Teaching conservatism on a liberal college campus29 Aug 202400:47:38

Can a course on conservatism shake up the liberal status quo on campus?

 

Tufts University professor Eitan Hersh presents his unique class on American conservatism and its impact on campus free speech and open dialogue. He discusses the challenges and opportunities of teaching conservative thought in a predominantly liberal academic environment.

 

Eitan Hersh is a professor of political science. He earned his Ph.D. from Harvard University in 2011 and was a faculty member at Yale University from 2011-2017. 

 

In March, professor Hersh’s course on conservatism was profiled in Boston Magazine under the headline, “A Conservative Thought Experiment on a Liberal College Campus.”

 

Timestamps

00:00 Intro

02:02 Prof. Hersh’s personal political beliefs

03:47 Political diversity among faculty and students

05:14 Hersh’s journey to academia

06:07 What does a conservatism course look like?

09:30 His colleagues’ response to the course

10:29 The challenges of discussing controversial topics

13:28 FIRE’s data on difficult campus topics

17:50 How have campus dynamics changed

19:42 Institutional neutrality

39:14 What are faculty concerned about?

42:18 What is Hersh expecting as students return to campus?

46:41 Outro


Transcript is HERE.

Ep. 222: John Stuart Mill’s lasting impact on the Supreme Court15 Aug 202401:04:17

How has 19th-century English philosopher John Stuart Mill influenced America’s conception of free speech and the First Amendment?

In their new book, “The Supreme Court and the Philosopher: How John Stuart Mill Shaped U.S. Free Speech Protections,” co-authors Eric Kasper and Troy Kozma look at how the Supreme Court has increasingly aligned its interpretation of free expression with Mill’s philosophy, as articulated in “On Liberty.”

Eric Kasper is professor of political science at the University of Wisconsin-Eau Claire, where he serves as the director of the Menard Center for Constitutional Studies.

Troy Kozma is a professor of philosophy and the academic chair at the University of Wisconsin-Eau Claire - Barron County.

Timestamps

00:00 Intro

02:26 Book’s origin

06:51 Who is John Stuart Mill?

10:09 What is the “harm principle”?

16:30 Early Supreme Court interpretation of the First Amendment

26:25 What was Justice Holmes’ dissent in Abrams v. U.S.?

30:28 Why did Justice Brandeis join Holmes’ dissents?

36:10 What are loyalty oaths?

40:36 Justice Black’s nuanced view of the First Amendment

43:33 What were Mill’s views on race and education?

50:42 Private beliefs vs. public service?

52:40 Commercial speech

55:51 Where do we stand today?

1:03:32 Outro

Transcript is HERE

 

Ep. 221: Section 230 co-author, Rep. Christopher Cox01 Aug 202400:58:17

Some argue that Section 230 allows the internet to flourish. Others argue it allows harmful content to flourish.

Christopher Cox knows something about Section 230: He co-wrote it. 

Section 230 of the Communications Decency Act is an American law passed in 1996 that shields websites from liability for content posted on their sites by users. 

What does Rep. Cox make of the law today?

Rep. Cox was a 17-year member of the House of Representatives and is a former chairman of the Securities and Exchange Commission.

Timestamps

0:00 Intro

2:43 Did Section 230 create the modern internet?

7:48 America’s technological advancement

11:33 Section 230’s support for good faith content moderation

18:00 User privacy and age verification?

25:37 Rep. Cox’s early experiences with the internet

30:24 Did we need Section 230 in the first place?

37:51 Are there any changes Rep. Cox would make to Section 230 now?

42:40 How does AI impact content creation and moderation?

47:23 The future of Section 230

54:31 Closing thoughts

57:30 Outro

 

Show notes:

 

Ep. 220: Political violence and speech18 Jul 202401:05:47

Did overheated political rhetoric lead to the assassination attempt on former President Donald Trump?


On today’s show we explore political violence: its history, its causes, and its relationship with free speech.

Flemming Rose is a senior fellow at the Cato Institute. He previously served as foreign affairs editor and culture editor at the Danish newspaper Jyllands-Posten. In 2005, he was principally responsible for publishing the cartoons that initiated the Muhammad cartoons controversy.

 

Nadine Strossen is a professor emerita at New York Law School, former president of the ACLU, and a senior fellow at FIRE.

 

Jacob Mchangama is the founder and executive director of The Future of Free Speech. He is a research professor at Vanderbilt University and a senior fellow at FIRE.

 

Timestamps

 

0:00 Intro

2:45 Initial reactions to Trump assassination attempt

7:39 Can we blame political violence on rhetoric?

15:56 Weimar and Nazi Germany

26:05 Is the Constitution a “suicide pact”?

39:21 Is violence ever justified?

49:24 Censorship in the wake of tragedy and true threats

59:06 Closing thoughts

1:04:54 Outro

 

Show notes:

Episode transcript

“Freedom of expression and social conflict” by Christian Bjørnskov and Jacob Mchangama

FIRE’s 2024 College Free Speech Rankings (featuring data on college student support for violence)

Recent court ruling in DeRay McKesson protest case

“The Tyranny of Silence” by Flemming Rose

“Free Speech: A History from Socrates to Social Media” by Jacob Mchangama

 

Ep. 219: The First Amendment at the Supreme Court03 Jul 202401:39:29

The Supreme Court term is over. We review its First Amendment cases.

Joining the show are FIRE Chief Counsel Bob Corn-Revere, FIRE General Counsel Ronnie London, and Institute for Justice Deputy Litigation Director Robert McNamara.

 

Become a FIRE Member today and gain access to live monthly webinars where you can ask questions of FIRE staff. The next webinar is July 8 at 1 p.m. ET. We will take your questions about the Supreme Court term.

Show Notes:

Transcript

Timestamps

0:00 Intro

2:53 Moody v. NetChoice and NetChoice v. Paxton


31:02 NRA v. Vullo

46:57 Murthy v. Missouri

1:06:04 Gonzales v. Trevino

1:17:58 Vidal v. Elster

1:26:04 O’Connor-Ratcliff v. Garnier and Lindke v. Freed

1:34:00 Loper Bright Enterprises v. Raimondo (the Chevron deference case)

1:37:26 Free Speech Coalition v. Paxton (forthcoming SCOTUS case)

1:38:30 Outro

 

Ep. 218: A warning label on social media?25 Jun 202401:26:50

There is a movement afoot to restrict young people’s access to social media and pornography.

Critics of social media and online porn argue that they can be harmful to minors, and states across the country are taking up the cause, considering laws that would impose age-verification, curfews, parental opt-ins, and other restrictions.

Meanwhile, critics of the critics argue that the evidence of harm isn’t so conclusive and that many of the proposed restrictions violate core civil liberties such as privacy and free speech.

So, who’s right?

Clare Morell is a senior policy analyst at the Ethics and Public Policy Center and the author of the forthcoming book, “The Tech Exit: A Manifesto for Freeing Our Kids.”

Ari Cohn is free speech counsel at TechFreedom, a technology think tank.

 

Timestamps

0:00 Intro

2:17 The alleged harms of social media

11:31 Just another technological moral panic?

25:49 How is internet access currently restricted for minors?

41:17 The age verification problem

1:00:27 Assessing the First Amendment problems

1:07:21 Voluntary measures parents can take

1:25:30 Outro

Shownotes

Transcript

“The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness” by Jonathan Haidt

“Surgeon General: Why I’m Calling for a Warning Label on Social Media Platforms” by Vivek H. Murthy

 

Ep. 217: ‘Defending pornography’20 Jun 202401:13:57

It is said that censorship is the strongest drive in human nature — with sex being a weak second.

But what happens when these two primordial drives clash? Does censorship or sex win out?

Nadine Strossen is a professor emerita at New York Law School, a former president of the ACLU, and a senior fellow at FIRE. She is also the author of “Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights.” First released in 1995, the book was reissued this year with a new preface.

Mary Anne Franks is a law professor at George Washington University and the president and legislative and tech policy director of the Cyber Civil Rights Initiative. She is the author of “The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech” and the forthcoming “Fearless Speech: Breaking Free from the First Amendment.”

Show Notes:

Transcript

Timestamps

0:00 Intro

2:17 Defining pornography

7:20 Is porn protected by the First Amendment?

11:10 Revenge porn

22:05 Origins of “Defending Pornography”

25:06 Andrea Dworkin and Catharine MacKinnon

29:20 Can porn be consensual?

35:02 Dworkin/MacKinnon model legislation

52:20 Porn in Canada

56:07 Is it possible to ban porn?

1:03:26 College professor’s porn hobby

1:12:39 Outro

Ep. 216: Section 230 and online content moderation06 Jun 202401:21:26

Did 26 words from an American law passed in 1996 create the internet?

Section 230 of the Communications Decency Act says that interactive websites and applications cannot be held legally liable for the content posted on their sites by their users.

Without the law, it’s likely Facebook, Amazon, Reddit, Yelp, and X wouldn’t exist — at least not in their current form.

But some say the law shields large tech companies from liability for enabling, or even amplifying, harmful content.

On today’s show, we discuss Section 230, recent efforts to reform it, and new proposals for content moderation on the internet.

Marshall Van Alstyne is a professor of information systems at Boston University.

Robert Corn-Revere is FIRE’s chief counsel.

Timestamps

0:00 Intro
3:52 The origins of Section 230?
6:40 Section 230’s “forgotten provision”
13:29 User vs. platform control over moderation
23:24 Harms allegedly enabled by Section 230
40:17 Solutions
46:03 Private market for moderation
1:02:42 Case study: Hunter Biden laptop story
1:09:19 “Duty of care” standard
1:17:49 The future of Section 230
1:20:35 Outro

Show Notes

- Show Transcript

- Hearing on a Legislative Proposal to Sunset Section 230 of the Communications Decency Act (May 22. 2024)

- “Platform Revolution” by Marshall Van Alstyne

- “The Mind of the Censor and the Eye of the Beholder” by Robert Corn-Revere

- “Protocols, Not Platforms: A Technological Approach to Free Speech” by Mike Masnick

- “Sunset of Section 230 Would Force Big Tech’s Hand” By Cathy McMorris Rodgers and Frank Pallone Jr.

- “Buy This Legislation or We’ll Kill the Internet” By Christopher Cox and Ron Wyden

- “Free Speech, Platforms & The Fake News Problem” (2021) by Marshall Van Alstyne

- “Free Speech and the Fake News Problem” (2023) by Marshall Van Alstyne

- “It’s Time to Update Section 230” by Michael D. Smith and Marshall Van Alstyne

“Now It's Harvard Business Review Getting Section 230 Very, Very Wrong” by Mike Masnick

 

Ep. 215: ‘Private Censorship’ with J.P. Messina21 May 202401:17:14

The First Amendment forbids government censorship. Private institutions, on the other hand, are generally free to restrict speech.

How should we think about private censorship and its role within a liberal society?

On today’s episode, we’re joined by J.P. Messina, an assistant professor in the philosophy department at Purdue University and the author of the new book, “Private Censorship.”

Also on the show is Aaron Terr, FIRE’s director of public advocacy.

Timestamps

0:00 Introduction

3:10 The origin story of “Private Censorship”

8:29 How does FIRE figure out what to weigh in on? 

12:04 Examples of private censorship 

18:24 Regulating speech at work 

22:21 Regulating speech on social media platforms

30:09 Is social media essentially a public utility?

35:50 Are internet service providers essentially public utilities? 

44:43 Social media vs. ISPs 

51:02 Censorship on search engines 

59:47 Defining illiberalism outside of government censorship

1:16:06 Outro

 

Show Notes

Episode transcript

Packingham v. North Carolina (2017)

Cloudflare’s announcement regarding the Daily Stormer

 

Ep. 214: The Antisemitism Awareness Act07 May 202401:02:11

On May 1, the U.S. House of Representatives passed the Antisemitism Awareness Act by a vote of 320 to 91. Proponents of the law say it is necessary to address anti-Semitic discrimination on college campuses. Opponents argue it threatens free speech.

 

Who’s right?

 

Kenneth Stern was the lead drafter of the definition of anti-Semitism used in the act. But he said the definition was never meant to punish speech. Rather, it was drafted to help data collectors write reports. 

Stern is the director of the Bard Center for the Study of Hate. His most recent book is titled, “The Conflict Over the Conflict: The Israel/Palestine Campus Debate.”

 

Timestamps

 

0:00 Introduction

04:06 Introducing Ken Stern

7:59 Can hate speech codes work?

11:13 Off-campus hate speech codes

13:33 Drafting the International Holocaust Remembrance Alliance definition 

21:53 How should administrators judge anti-Semitism without the IHRA definition? 

27:29 Is there a rise in unlawful discrimination on campuses today? 

40:20 Opposition to the Antisemitism Awareness Act 

43:10 Defenses of the Antisemitism Awareness Act 

51:34 Enshrinement of the IHRA definition of anti-Semitism in state laws

53:57 Is the IHRA definition internally consistent? 

59:21 How will the Senate vote? 

1:01:16 Outro

 

Show Notes

 

IHRA definition of anti-Semitism

The Antisemitism Awareness Act 

Transcript

Ep. 213: Campus unrest - live webinar30 Apr 202401:06:02

Host Nico Perrino joins his FIRE colleagues Will Creeley and Alex Morey to answer questions about the recent campus unrest and its First Amendment implications. 

 

Timestamps

 

0:00 Introduction 

0:41 What is FIRE?/campus unrest

5:44 What are the basic First Amendment principles for campus protest?

11:30 Student encampments 

18:09 Exceptions to the First Amendment

29:01 Can administrators limit access to non-students/faculty?

34:13 Denying recognition to Students for Justice in Palestine

36:26 Were protesters at UT Austin doing anything illegal?

40:54 The USC valedictorian 

45:09 What does “objectively offensive” mean? / Does Davis apply to colleges?

46:55 Is it illegal to protest too loudly?

50:03 What options do colleges have to moderate/address hate speech?

54:20 Does calling for genocide constitute bullying/harassment?

59:09 Wrapping up on the situation 

 

Show Notes

 

“USC canceling valedictorian’s commencement speech looks like calculated censorship,” Alex Morey

“Emerson College: Conservative Student Group Investigated for Distributing ‘China Kinda Sus’ Stickers,” FIRE’s case files

“HATE: Why We Should Resist it With Free Speech, Not Censorship,” Nadine Strossen

“Defending My Enemy: American Nazis, the Skokie Case, and the Risks of Freedom,” Aryeh Neier (pdf)

“David Goldberger, lead attorney in ‘the Skokie case,’” “So to Speak” Ep. 118

Transcript

Ep. 212: Should the First Amendment protect hate speech?25 Apr 202401:06:59

In America, hate speech is generally protected by the First Amendment.

But should it be?

Today’s guest is out with a new book, “Hate Speech is Not Free: The Case Against First Amendment Protection.”

W. Wat Hopkins is emeritus professor of communication at Virginia Tech, where he taught communication law and cyberspace law. 

Transcript of Interview: https://www.thefire.org/research-learn/so-speak-podcast-transcript-should-first-amendment-protect-hate-speech

Timestamps

0:00 Introduction
5:34 Why write about hate speech?
8:50 Has the Supreme Court ruled on hate speech?
13:56 What speech falls outside First Amendment protection?
16:44 The history of the First Amendment
20:00 Fighting words and Chaplinsky v. New Hampshire (1942)
24:00 How does the Supreme Court determine what speech is protected?
35:24 Defining hate speech
38:54 Debating the value of hate speech
44:02 Defining hate speech (again)
50:30 Abuses of hate speech codes
1:00:10 Skokie
1:02:39 Current Supreme Court and hate speech
1:06:00 Outro

Show Notes 
Scotland’s “Hate Crime and Public Order Act”
Matal v. Tam (2017)
Snyder v. Phelps (2011)
Brown v. Entertainment Merchants Association (2011)
United States v. Stevens (2010)
Virginia v. Black (2003)
R.A.V. v. City of St. Paul (1992)
National Socialist Party of America v. Village of Skokie (1977)
Police Department of Chicago v. Mosley (1972)
Beauharnais v. Illinois (1952)
Chaplinsky v. New Hampshire (1942)
“HATE: Why We Should Resist it With Free Speech, Not Censorship” by Nadine Strossen

Ep. 211: Generational differences and civil liberties with Neil Howe11 Apr 202401:21:49

In late 2013, some of us at FIRE started noticing a change on college campuses. Students, who were previously the strongest constituency for free speech on campus, were turning against free speech. They began appealing to administrators more frequently for protection from different speakers and using the language of trauma and safety to justify censorship.

What changed?

Neil Howe may have an answer. He is a historian, economist, and demographer who speaks frequently on generational change. His most recent book, “The Fourth Turning is Here,” was published last year. Howe argues that history has seasonal rhythms of growth, maturation, entropy, and rebirth and that different generations take on different attributes reflecting their place in the cycle.

Joining Howe and host Nico Perrino for the conversation is FIRE President and CEO Greg Lukianoff, co-author of “The Canceling of the American Mind."

Timestamps

0:00 Introduction

6:10 Neil’s intent with his book, “Generations”

13:12 Pattern in American history

17:08 The nomad archetype

25:00 Covid and the younger generation

27:28 Do people shape events?

35:35 Gen-Xers and Millennials

41:45 The Fourth Turning

50:24 William James’ “The Moral Equivalent of War”

57:08 Are Gen-Z actually Millennials?

58:10 Dominant generations

01:06:40 How do generational cycles impact civil liberties?

01:10:57 Summary of Millennials

01:18:15 Peaceful periods lead to greater inequality 

1:19:16 Outro

 

Show Notes 

Neil Howe’s Substack, “Demography Unplugged”

Greg Lukianoff’s Substack, “The Eternally Radical Idea”

 

Ep. 210: The First Amendment at the Supreme Court29 Mar 202401:23:11

“I have never seen a Supreme Court term that is as consequential as this one is going to be,” said FIRE Chief Counsel Bob Corn-Revere, previewing this term’s First Amendment cases.

On today’s show, we analyze the oral arguments in four of those cases: NRA v. Vullo, Murthy v. Missouri (formerly Missouri v. Biden), Moody v. NetChoice, LLC, and NetChoice, LLC, v. Paxton.

We also discuss the court’s decision in two cases involving government officials blocking their critics on social media.

Joining the show are Corn-Revere, FIRE General Counsel Ronnie London, and FIRE Director of Public Advocacy Aaron Terr.

 

Timestamps

 

0:00 Introduction

3:29 NRA v. Vullo

26:05 Murthy v. Missouri

50:41 Netchoice cases

1:11:26 Lindke v. Freed and O’Connor-Ratcliff v. Garnier 

1:21:24 Outro

 

Show Notes 

 

NRA v. Vullo oral argument transcript

Bantam Books, Inc. et. al v Sullivan et al. (1963)

Murthy v. Missouri oral argument transcript

Moody v. NetChoice, LLC oral argument transcript

NetChoice, LLC v. Paxton oral argument transcript

Lindke v. Freed and O’Connor-Ratcliff v. Garnier decisions 

‘So to Speak’ on Substack

Transcript

Ep. 209: ‘Is money speech?’ with Robert Breedlove25 Mar 202402:07:53

There is a recurring debate in the free speech community regarding whether money is speech. 

 

Bitcoin-focused entrepreneur, writer, and philosopher Robert Breedlove joins us today to help resolve the debate. Describing money as “the language of human action,” Robert makes the case that money, like the cryptocurrency Bitcoin, is information and should be free from government regulation and manipulation. During this longer-than-usual episode, Robert and Nico discuss everything from Keynesian economics and 3D-printed firearms to the Chinese Communist Party. 

 

Robert is the host of the popular podcast, “The ‘What is Money?’ Show,” which dives into the nature of money by asking guests one simple question: What is money? In 2020, he co-authored the book, “Thank God for Bitcoin: The Creation, Corruption and Redemption of Money.”

 

Timestamps

 

0:00 Introduction

3:56 Robert’s background 

19:21 What is Austrian economics? 

24:23 Is money speech? 

44:48 Can money express irrational things? 

51:59 Is access to perfect information always a good thing?

1:05:17 Bitcoin and anonymity

1:18:14 Prediction markets 

1:31:49 Is code speech?

1:39:59 Is economic freedom more fundamental than freedom of speech?

1:49:13 Regulating bitcoin

1:55:16 Bitcoin ETFs

1:57:03 Rapid-fire Bitcoin questions

2:03:15 Does more access to information make the world a better place? 

2:06:53 Outro 

 

Show Notes 

 

“The ‘What is Money?’ Show”

“The Creature from Jekyll Island” by G Edward Griffin

“The Bitcoin Standard” by Saifedean Ammous

“The Use of Knowledge in Society” by Friedrich Hayek

“The Logic of Scientific Discovery” by Karl Popper

“Areopagitica” by John Milton

Transcript

Ep. 208: Dodging censorship in Russia14 Mar 202401:00:39

On today’s episode, we discuss Alexei Navalny’s death, Vladimir Putin, censorship in Russia, and Samizdat Online, an anti-censorship platform that grants users living under authoritarian regimes access to news and other censored content. Yevgeny “Genia” Simkin is the co-founder of Samizdat Online and Stanislav “Stas” Kucher is its chief content officer.

 

Timestamps

 

0:00 Introduction 

2:25 Alexei Navalny 

8:53 The state of Russian opposition

20:48 The origins of Samizdat Online

28:17 How does Samizdat Online circumvent censorship? 

35:16 Could Yevgeny Prigozhin have overthrown Putin?

41:03 The progression of Putin’s regime 

58:08 How can people help? 

59:56 Outro

 

Show notes

 

Statement by Russian prison service on Alexei Navalny’s death

The Anti-Corruption Foundation (nonprofit established by Alexei Navalny)

Samizdat Online

“Nothing Is True and Everything Is Possible” by Peter Pomerantsev

Transcript

 

Past related episodes

 

Ep. 108: A history of (dis)information wars in the Soviet Union and beyond

Ep. 156: What Russians don’t know about the war in Ukraine

Ep. 157: Former BBC bureau chief Konstantin Eggert and what you need to know about censorship in Russia

Ep. 207 Free speech news: NetChoice, Taylor Swift, October 7, and Satan29 Feb 202401:23:29

On today’s free speech news roundup, we discuss the recent NetChoice oral argument, Taylor Swift, doxxing, October 7 fallout on campus, and Satan in Iowa. 

Joining us on the show are Alex Morey, FIRE director of Campus Rights Advocacy; Aaron Terr, director of Public Advocacy; and Ronnie London, our general counsel.

 

Timestamps

0:00 Introduction

0:44 NetChoice oral arguments

19:39 Taylor Swift cease and desist letter 

29:20 Publishing unlawfully obtained information 

39:28 Harvard and doxxing 

47:44 Princeton no contact orders 

55:52 Columbia law denies recognition to Law Students Against Antisemitism 

1:02:38 Columbia adopts Kalven Report

1:06:06 Indiana University art exhibit canceled, professor suspended

1:14:55 Satan in Iowa

1:21:59 Outro

 

Show Notes 

“So to Speak” 2023-24 Supreme Court Preview (contains discussion of NetChoice cases)

Correspondence between Taylor Swift and Jack Sweeney’s attorneys 

Bartnicki v. Vopper (2001)

Princeton no contact order 

Columbia university grants recognition to Law Students Against Antisemitism

IHRA definition of anti-Semitism

List of universities that have adopted the Kalven Report

Indiana University art exhibit story

Indiana University professor suspended for improper reservation 

Iowa Satanism bill

Shurtleff v. Boston (2022)

“So to Speak”: Substack

Transcript

Ep. 206: CJ Hopkins compared modern Germany to Nazi Germany. Now he’s standing trial.15 Feb 202401:14:24

J Hopkins is an American playwright, novelist, and political satirist. He moved to Germany in 2004. He publishes a self-titled blog on Substack and is the editor of Consent Factory Publishing. 

 

CJ’s most recent book, “The Rise of the New Normal Reich,” draws a parallel between Nazi Germany and the response to the COVID-19 pandemic. In August 2022, it was banned on Amazon in Germany, Austria, and the Netherlands. In the months that followed, CJ was charged by German authorities with violating a section of the German penal code that prohibits “disseminating information, the intention of which is to further the aims of a former National-Socialist organization [the Nazis].” He was recently acquitted, but the prosecutor chose to appeal the decision. 

 

In the coming months, CJ will stand trial — again — for a crime he claims he didn’t commit and for which he has already been acquitted.

 

**We are launching on Substack this week! Nothing will change for our listeners. It’s just another way to support the podcast and FIRE. Premium subscribers will receive a FIRE membership and access to our new monthly “Members Only” Zoom chats, where we will discuss free speech news and happenings at FIRE. Members will also be able to ask Nico and other FIRE staffers questions.**

 

Timestamps

0:00 Introduction

2:58 Who is CJ Hopkins?

9:35 CJ moves to Germany

15:02 CJ’s work since 2004

18:23 Berlin in 2020

27:18 “The Rise of the New Normal Reich”

34:01 CJ’s book banned in Germany, Austria, and the Netherlands

37:05 German investigation

47:26 German sensitivities to Nazism 

50:17 Why didn’t CJ just pay the fine? 

54:03 CJ goes to trial

1:03:29 Double-jeopardy / prosecutorial appeal

1:08:49 Does CJ have regrets?

1:12:50 Conclusion

 

Show Notes 

Atlantic profile by Jamie Kirchick 

“Berlin Diary” by William L. Shirer 

“The Rise and Fall of the Third Reich” by William L. Shirer

“The Rise of the New Normal Reich” by CJ Hopkins

Consent Factory 

“The Verdict” by CJ Hopkins, a Substack article about the conclusion of his first trial

“The Rise of the New Normal Reich: Consent Factory Essays, Vol. III, banned in Germany, Austria, and The Netherlands!” by CJ Hopkins, a Substack article about his book being banned on Amazon

Transcript

Ep. 205: An anarchist’s perspective with Michael Malice01 Feb 202401:17:08

Michael Malice is a self-described “anarchist without adjectives” and is the author of several books, including most recently “The White Pill: A Tale of Good and Evil.” He is also the host of the podcast, “YOUR WELCOME,” and the subject of the biographical comic book, “Ego & Hubris: The Michael Malice Story.”

 

Michael joins us today to explain why he hates the term “free speech,” and gives his thoughts on McCarthyism, anarchism, Twitter, and more.  

 

Timestamps

 

0:00 Introduction

0:46 Who is Michael Malice?

6:45 What is an anarchist without adjectives?

7:26 The definition of anarchism/prominent anarchists 

8:01 How do we have free speech in an anarchist society?

16:54 The McCarthy Era

20:38 Students for Justice in Palestine

24:57 Should we advocate for a culture of free speech?

30:44 “Hitman” 

34:01 What is the core right under an anarchist system?

36:26 Elon, Twitter, and free speech

44:38 Emma Goldman and McCarthyism

55:27 Cancel culture  

1:01:37 From Emma Goldman to Solzhenitsyn

1:05:31 What is it like to live under an authoritarian regime?

1:12:23 The war in Ukraine

1:15:24 Outro

Show Notes 

 

“Dear Reader: The Unauthorized Autobiography of Kim Jong Il” by Michael Malice 

“Hitman: A Technical Manual for Independent Contractors” by Rex Feral (pseud.)

“Khrushchev's Secret Speech” (Encyclopedia Britannica entry)

“My Disillusionment in Russia” by Emma Goldman

“Schenck v United States” (1919)

“The Anarchist Handbook” by Michael Malice

“The Gulag Archipelago” by Alexandr Solzhenitsyn  

“The New Right: A Journey to the Fringe of American Politics” by Michael Malice

Episode Transcript

Ep. 204: “Liar in a Crowded Theater” with Jeff Kosseff18 Jan 202401:02:44

Jeff Kosseff is an associate professor of cybersecurity law in the United States Naval Academy’s Cyber Science Department. He is the author of four books including his most recent, “Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation.” He has also written books about anonymous speech and Section 230 of the Communications Decency Act.

 

Timestamps

 

0:00 Introduction

2:30 Jeff’s focus on the First Amendment 

4:27 What is Section 230?

9:30 “Liar in a Crowded Theater”

16:27 What does the First Amendment say about lies?

19:35 What speech isn’t protected? 

21:27 The Eminem case 

27:33 The Dominion lawsuit 

38:44 “The United States of Anonymous”

46:39 The impact of age verification laws 

49:43 “The Twenty-Six Words that Created the Internet”

58:40 What’s next for Jeff? 

1:01:35 Outro 

 

Show Notes 

Podcast Transcript 

Brown v. Entertainment Merchants Association (2011)

FIRE’s guide to Section 230

Nikki Haley on social media anonymity

Schenck v. United States (1917)

“The Twenty-Six Words That Created the Internet” by Jeff Kosseff

NBC News: “Judge allows lawsuit against Snap from relatives of dead children to move forward”

“The United States of Anonymous: How the First Amendment Shaped Online Speech” by Jeff Kosseff

United States v. Alvarez (2012)

Transcript



Ep. 203: ‘Undefeated’ with Coach Bill Courtney04 Jan 202401:03:33

Bill Courtney is an American football coach, entrepreneur, author, and the subject of the academy award winning 2011 documentary “Undefeated,” which tells the story of Courtney leading a high school football team in an economically depressed area of Memphis, Tenn. to the playoffs.


Courtney is the host of the An Army of Normal Folks podcast, in which he shares stories of “ordinary people doing extraordinary things in and around their communities.” His book “Against the Grain: A Coach's Wisdom on Character, Faith, Family, and Love” was released in 2014.


In this episode, we discuss coaching, the surprise success of “Undefeated,” and how talking across lines of difference can heal a polarized America.

 

Chapters:

0:00 Introduction

2:25 Courtney’s background

5:41 The influence of coaches

16:50 How Courtney ended up at Manassas High School

18:50 Coaching in difficult environments

24:30 Bridging divides

30:12 Forgiveness and grace

35:57 Daryl Davis

42:45 The “death spiral” of division and polarization

53:15 What happened to Manassas after Courtney left?

54:00 How did the filmmakers find Manassas?

59:21 Was the documentary good for the school and the kids?

Show Transcript

Ep. 202: The backpage.com saga21 Dec 202301:03:38

We’re joined today by Elizabeth Nolan Brown, Robert Corn-Revere, and Ronnie London to discuss the history and verdict of the Backpage trial. 

Backpage.com was an online classified advertising service founded in 2004. As a chief competitor to Craigslist, Backpage allowed users to post ads to categories such as personals, automotive, rentals, jobs and — most notably — adult services. In 2018, the website domain was seized by the FBI and its executives were prosecuted under federal prostitution and money laundering statutes. The trial concluded this year, resulting in the acquittal and convictions of several key executives. 

Some First Amendment advocates are concerned that the Backpage case represents a “slippery slope” for the prosecution of protected speech and the rights of websites that host user-generated content.

Elizabeth Nolan Brown is a senior editor at Reason Magazine, where she has written about the Backpage case in detail. 

Robert Corn-Revere is FIRE’s chief counsel and a frequent guest of the show. Prior to joining FIRE, he represented Backpage in private practice.

Ronnie London is FIRE’s general counsel and another frequent guest of the show. He also represented Backpage when he was in private practice prior to joining FIRE.

Timestamps

00:00 Introduction 

06:55 The origins of Backpage 

10:40 The significance of classified ads 

14:52 Are escort ads protected? 

19:07 Federal memos indicating Backpage fought child sex trafficking

23:19 Backpage content moderation

34:44 Section 230 of the Communications Decency Act

42:59 “De-banking” and NRA v. Vullo

52:24 The verdict 

1:00:34 Could these convictions be overturned? 

1:02:49 Outro

Show notes 

Backpage.com url

2018 Backpage indictment

Elizabeth Nolan Brown’s 2018 Backpage profile

Section 230 of the Communications Decency Act

NRA v. Vullo

The Travel Act



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