The Gist Not Even Mad: Ben Wizner & Ilya Shapiro
9 snips
Oct 2, 2025 
Joining the discussion are Ben Wizner, the ACLU’s director of Speech, Privacy, and Technology with a focus on civil liberties, and Ilya Shapiro, a constitutional studies expert at the Manhattan Institute. They dive into the complexities of free speech today, debating the nuances of cancel culture and campus controversies. The conversation touches on government pressures, the Supreme Court's shadow docket, and personal anecdotes from their own experiences in the realm of speech rights. Plus, they share light-hearted 'goat-grinders' about sports and sitcoms!
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Public Employees Still Have Speech Rights
- Public university employees have limited but meaningful First Amendment protections when speaking on matters of public concern.
- Ben Wizner argues Ball State's firing of an administrator over Charlie Kirk comments likely fails the material-disruption test.
Cancel Culture Exists On A Spectrum
- Cancel culture has gradations between acceptable accountability and disproportionate mobbing.
- Ilya Shapiro says private employers can lawfully discipline extreme conduct but should avoid punishing mainstream views via mobs.
Ilya's Georgetown Twitter Episode
- Ilya described his Georgetown tweet controversy and immediate investigation after a poorly phrased critique of affirmative action.
- Ben Wizner said the ACLU publicly defended Ilya's right to speak even while criticizing the content.
