Supreme Court, United Nations—What Next for Free Speech, the Free World? | GoodFellows: John H. Cochrane, Niall Ferguson, Eugene Volokh, and Bill Whalen | Hoover Institution
Sep 26, 2023
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Eugene Volokh, First Amendment law professor at UCLA, joins Hoover senior fellows Niall Ferguson and John Cochrane to discuss free speech in the Information Age, the Supreme Court ruling on affirmative action, corrupt practices in college admissions, challenges of the United Nations, rearming after a future war, dress code and tipping in politics, and the difference between historians and amateurs.
The United Nations' limitations and paralysis in addressing aggression and global issues highlight the need for new platforms and alliances in geopolitics.
The International Monetary Fund's shift towards climate finance raises concerns about its effectiveness in fulfilling its original purpose of macroeconomic stability.
The World Health Organization's credibility has been undermined by its poor handling of the COVID-19 pandemic, highlighting the challenge of achieving transparency and cooperation in investigating the origins of the virus.
Deep dives
The Limitations of the United Nations
The United Nations, despite its aspirations of peace, dignity, and equality, has proven to be a flawed and ineffective institution. With arbitrary lines drawn and veto powers in the hands of a few powerful nations, the UN is often paralyzed in addressing aggression and global issues. Its inability to take strong action during crises, such as the Russian invasion of Ukraine, highlights its limitations. As a result, new platforms and alliances, such as NATO, have become more influential in geopolitics and addressing international conflicts.
The IMF's Shift towards Climate Finance
The International Monetary Fund (IMF), originally established to provide temporary financing for troubled countries, has expanded its focus to include climate finance. This shift reflects a departure from its core mission of macroeconomics and has raised concerns about its role and effectiveness. The IMF's increased involvement in climate finance raises questions about its ability to fulfill its original purpose and deliver macroeconomic stability.
The WHO's Call for Transparent COVID-19 Origin Investigation
The World Health Organization (WHO) has called for China to grant full access to investigate the origins of COVID-19. This demand echoes the frustration over the WHO's handling of the pandemic in 2020, where it was criticized for being too deferential to the Chinese government. While the WHO has had successes in previous health crises, such as SARS, its credibility has been undermined by its poor performance during the COVID-19 pandemic. The challenge lies in achieving transparency and cooperation in order to uncover the true origins of the virus.
Section 230 and platform regulation
The podcast discusses the role of Section 230 in protecting platforms' ability to remove objectionable content. Section 230 has a provision that allows platforms to remove material they consider harassing, excessively violent, lewd, or otherwise objectionable. However, there is debate regarding the interpretation of "otherwise objectionable" and whether it should be considered in light of regulated telecommunications. The Supreme Court may consider the First Amendment issue related to platforms' selection of content, while the Section 230 issue remains unresolved.
Concerns over censorship and unenumerated rights
The podcast highlights concerns over censorship and ongoing powers wielded by network platforms. Some argue that restrictions on speech are increasing to align with political agendas, institutional interests, or personal criticism. This raises questions about the limits and scope of free speech. Additionally, the discussion touches on the Ninth Amendment and unenumerated rights, with differing opinions on the extent of their protection. The comparison is drawn to the 1930s, highlighting the rapid changes happening in great cities like Chicago and San Francisco that are deteriorating due to political dynamics and economic decisions.
The US Supreme Court seems headed for a showdown with social media platforms over content and censorship; the United Nations’ 78th General Assembly underscores that body’s inability to curb totalitarian aggression. Eugene Volokh, a soon-to-be Hoover Institution senior fellow and a First Amendment law professor at UCLA, joins Hoover senior fellows Niall Ferguson and John Cochrane to discuss free speech in the Information Age and what comes next for universities following the court’s rebuke of race-factored admissions. This is followed by Niall and John discussing whether 20th-century international agencies remain true to their charters. On a lighter note, John and Niall also weigh in on government-run groceries, dress codes, and tipping servers (waiters yes, baristas no).
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