So to Speak: The Free Speech Podcast

On today's episode of So to Speak: The Free Speech Podcast , we are joined by FIRE's Joe Cohn and the American Enterprise Institute's Max Eden to debate and discuss legislative efforts to ban critical race theory, or so-called "divisive concepts," from being taught in schools. Transcript Virginia Gov. Glenn Youngkin's executive order on critical race theory "Ban Critical Race Theory now" by Max Ed...

There are very few exceptions to the First Amendment. "Fighting words" is one of them. But since the Supreme Court first outlined this exception in 1942, it hasn't shown much interest in revisiting the issue.  On today's episode of So to Speak: The Free Speech Podcast , we're joined by First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr., who argues the "fighting words" doctrine is st...

Who was Eric Arthur Blair, better known by his pen name "George Orwell?" On today's episode of So to Speak: The Free Speech Podcast , we explore the life and work of an author who died at the age of 46 but whose writings — namely "Animal Farm" and "1984" — still help to shape our understanding of the freedoms of speech and conscience. Joining us for the discussion is the author of Orwell's authori...

On today's episode of So to Speak: The Free Speech Podcast , we are joined by The Atlantic magazine Staff Writer Caitlin Flanagan and FIRE President and CEO Greg Lukianoff to discuss a wide range of topics, including Caitlin's articles that touch on free speech, her growing up in Berkeley, Calif. the daughter of a professor, and newsroom orthodoxies and censorship. Show notes: Transcript Caitlin's...

Pano Kanelos believes higher education is broken. But he isn't waiting for colleges and universities to fix themselves. He's starting his own. On today's episode of So to Speak: The Free Speech Podcast , we are joined by Kanelos who is the inaugural president of the University of Austin , a new university devoted to free speech and open inquiry. Its initial programming, a Forbidden Courses summer...

Censors almost never think they are censors. They often see themselves as heroes, saving the world from the destructive effects of rock 'n' roll, movies, comic books, pornography, video games, the internet, etc.  On today's episode of So to Speak: The Free Speech Podcast , author Robert Corn-Revere joins us to discuss how censors operate and why they never occupy the moral high ground. Robert is a...

A consensus has emerged from a growing pile of scholarly research: Trigger warnings don't work. On today's episode of So to Speak: The Free Speech Podcast , we are joined by Carleton College associate professors Amna Khalid and Jeffrey Snyder to explore what the latest research says about the efficacy of trigger warnings. We also discuss one of the more contentious debates surrounding academic fre...

September 25 was First Amendment Day in America — the anniversary of the date in 1789 when Congress approved 12 amendments to our Constitution, including what we today call the Bill of Rights.  On today's episode of So to Speak: The Free Speech Podcast , we discuss the origin story and history of America's First Amendment and its five freedoms. To do so, host Nico Perrino is joined by Sterling Pro...

Last month, On the Media, a popular radio program from New York City's WNYC, aired an episode that questioned free speech values and challenged so-called "free speech absolutism." On today's episode of So to Speak: The Free Speech Podcast , we are joined by Matt Taibbi, Nadine Strossen, and Amna Khalid, who provide direct responses to many of the free speech critiques made in On the Media's progra...

Are America's schools becoming too political?  FIRE's Director of High School Programs argues, "Yes." Bonnie Kerrigan Snyder is an educator with over 20 years of experience, and she's worried by what she sees. Amidst controversies surrounding so-called critical race theory , school walkouts, and standardized tests, Snyder increasingly hears reports of children "being indoctrinated, bullied, and ha...

Hollywood's Motion Picture Production Code, popularly referred to as the Hays Code, loomed over films in every stage of movie production from 1934 to 1968. Scripts were reviewed and altered. Actors and filmmakers were forced to redo entire scenes. Editors were asked to cut dialogue and scenes from films. Music was changed. Ultimately, directors had to be cognizant of the censors at all times. In t...

Morris Ernst may be the most influential free speech lawyer you've never heard of. He was the longtime general counsel for the ACLU, helped found the National Lawyers Guild, and just about single-handedly whittled away at obscenity laws in the United States — even litigating the famous "Ulysses" case, which overturned a 13-year ban on James' Joyce's renowned novel. But he was an enigma: A staunch...

On today's episode of So to Speak: The Free Speech Podcast , we are joined by Stetson University Professor of Psychology Christopher J. Ferguson for a wide-ranging conversation about the psychology of censorship, the role of madness and eccentricity in shaping history, the effects of social media, the growing polarization and politicization of modern institutions, including academia, and more. Fer...

This week, the United States Supreme Court vindicated the First Amendment rights of a high school cheerleader who was punished for a salty Snapchat she sent outside of school. It was a resounding victory for free speech advocates and the first time the Supreme Court has considered a high school free speech case since its disappointing 2007 ruling in Morse v. Frederick . On today's episode of So to...

Socrates' fateful hemlock. Henry VIII's death decree for those who imagined his downfall. The 1836 "Gag Rule" banning slavery discussions in Congress. Britain's early ban on films criticizing Hitler and Stalin. On today's episode of So to Speak: The Free Speech Podcast , we are joined by lawyer and writer Eric Berkowitz to discuss his fascinating new book, " Dangerous Ideas: A Brief History of Cen...

What differentiates Albert Einstein from a madman? How do we turn disagreement into knowledge? How do we know what's true in a world filled with disinformation, conspiracy theories, trolling, and social media pile-ons? On today's episode of So to Speak: The Free Speech Podcast , we are joined by Brookings Institution Senior Fellow Jonathan Rauch to discuss his new book "The Constitution of Knowled...

Rebellion! Crime! Juvenile delinquency! On today's episode of So to Speak: The Free Speech Podcast , producer Chris Maltby explores the rise of comic books in the early 20th century and the moral panic, book burnings, and censorship that followed. Show notes: "The Ten-Cent Plague: The Great Comic Book Scare And How It Changed America" by David Hajdu "The Mind of the Censor and the Eye of the Behol...

Are education schools secretly driving campus censorship?  On today's episode of So to Speak: The Free Speech Podcast , we are joined by Lewis & Clark Associate Professor of English Lyell Asher to discuss his 2018 article for the Chronicle of Higher Education, " How Ed Schools Became a Menace ." Also joining the conversation is FIRE President & CEO Greg Lukianoff, co-author of the bestseller " The...

Ninth grader Brandi Levy was frustrated when she didn't make her high school's varsity cheerleading team so she posted an intemperate video about it on Snapchat to her 250 "friends." Four years later, that video, which led to her suspension from the junior varsity cheer team, will take center stage at the United States Supreme Court.  Mahanoy Area School District v. B.L. is a case that University...

Editor's note: A previously published version of this episode featured an incorrect audio file for a different FIRE podcast. The error has been fixed and the correct audio file uploaded. We apologize for the error. Retired University of Wisconsin Professor Donald Downs is a legendary champion of free speech and academic freedom. But before he became one of the country's preeminent defenders of the...

On today's episode of So to Speak: The Free Speech Podcast , we discuss the newly formed Academic Freedom Alliance , which is a union of American college faculty members dedicated to protecting faculty expressive and academic freedom rights. Keith E. Whittington is the William Nelson Cromwell Professor of Politics in the Department of Politics at Princeton University. Professor Whittington is the...

There are very few exceptions to the First Amendment, and "incitement to imminent lawless action" is one of them. In the wake of former President Donald Trump's impeachment trial over his alleged incitement of the Jan. 6 violence at the U.S Capitol, this obscure legal doctrine has captured headlines. On today's episode of So to Speak: The Free Speech Podcast , we discuss the incitement doctrine, a...

On today's episode of So to Speak: The Free Speech Podcast , we explore a multi-year public records odyssey at the University of California, Los Angeles involving former Treasury Secretary Steven Mnuchin, a campus appearance, administrative stonewalling, and, finally, a successful lawsuit filed by FIRE. And, on the eve of Student Press Freedom Day , we learn about the challenges student journalist...

On today's episode of So to Speak: The Free Speech Podcast , we are joined by media lawyer Ian Rosenberg to discuss his new book, " The Fight for Free Speech: Ten Cases That Define Our First Amendment Freedoms ." Rosenberg is assistant chief counsel at ABC, Inc., where he has provided pre-broadcast counsel for ABC News clients on libel, newsgathering, intellectual property, and FCC regulatory issu...

Last summer, Columbia University Professor John McWhorter wrote that he was receiving missives almost daily "from professors living in constant fear for their career because their opinions" are incompatible with campus orthodoxies. On today's episode of So to Speak: The Free Speech Podcast , we catch up with McWhorter to discuss how the culture has changed (or not) since The Atlantic published his...