Advisory Opinions The Future of Free Speech
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Oct 14, 2025 Sarah Isgur and David French engage in a lively discussion on threats to free speech, examining a Ball State employee's firing over social media posts. They delve into NYU's struggles with controversial speakers and the implications of 'jawboning' by the government. The duo explores anti-SLAPP laws, potential reforms for civic education, and the need for transparency in government communications. They emphasize that protecting free speech goes beyond legal measures, requiring cultural support and renewal.
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Private Post Led To Firing
- A Ball State administrator posted on her private Facebook criticizing Charlie Kirk and lost her job after the post went viral.
- David French says she would likely win a First Amendment lawsuit because it was private speech by a public employee.
Pre-Crime Logic Drives Prophylactic Firings
- Administrators preemptively fire employees citing assumed future workplace discrimination based on offensive speech.
- French calls this a 'Department of Pre-crime' logic that wrongly infers misconduct from offense alone.
Don’t Escalate Cancellations
- Avoid 'turnabout is fair play' escalation; retaliatory cancellations only increase polarization.
- French warns escalation doesn't solve the problem and simply deepens cultural division.