So to Speak: The Free Speech Podcast Ep. 244: Censoring lawmakers, T-shirts, and seashells
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Jun 5, 2025 Lee Levine, former senior counsel at Ballard Spahr and a First Amendment law expert, joins the discussion. They dive into the Supreme Court's backing of Maine lawmaker Laurel Libby regarding free speech and transgender issues. The conversation also highlights NPR's lawsuit against the Trump administration's funding cuts, challenging public broadcasting integrity. Another fascinating topic is a middle school student’s 'there are only two genders' T-shirt that stirred controversy, illustrating ongoing tensions in student free speech rights.
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Limits on Lawmakers’ Censorship
- State legislatures have broad but not unlimited authority to police their lawmakers in chambers.
- Censoring a lawmaker can disenfranchise constituents, raising constitutionality issues.
Supreme Court Shadow Docket Concerns
- The Supreme Court's shadow docket bypasses the normal full briefing and deliberation process.
- This trend raises concerns despite sometimes providing timely protections, like restoring Liberties to lawmakers.
NPR Funding Cut as Viewpoint Discrimination
- The Trump administration's executive order cutting NPR/PBS funds is clearly viewpoint discriminatory.
- It violates statutory structures protecting public broadcasting's editorial independence and the First Amendment.