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#377 – Harvey Silverglate: Freedom of Speech

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May 16, 2023

Guest

Harvey Silverglate

Harvey Silverglate, a free speech advocate and co-founder of FIRE, discusses the importance of freedom of speech as a fundamental human right. He explores the evolution of free speech advocacy and its challenges, particularly within academic settings. Silverglate emphasizes the need for open dialogue, accountability in funding practices, and protecting diverse viewpoints to foster understanding. He shares insights on navigating the complexities of governance at Harvard and critiques contemporary issues surrounding censorship and surveillance, advocating for a culture of authentic discourse.

01:55:28

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Episode notes

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INSIGHT

Importance of Hate Speech

Freedom of speech is paramount, even for hateful views, as they reveal potential dangers.
Knowing who dislikes you is more crucial than knowing who likes you.

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INSIGHT

Speech and Thought

Free speech and thought are intertwined; censoring one restricts the other.
Open discourse, while not guaranteeing truth, leads to better decisions through diverse perspectives.

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ADVICE

Handling Hate Speech

Accept discomfort from hate speech as the price of a free society.
Respond to hateful speech with more speech, not violence.

Get the Snipd Podcast app to discover more snips from this episode

Exploring Diet Convenience and Home Security Solutions

02:10 • 4min

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The Evolution of Free Speech Advocacy

06:03 • 2min

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The Essence of Free Speech

08:19 • 17min

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The Battle for Academic Freedom

25:30 • 12min

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Navigating Governance and Free Speech at Harvard

37:21 • 20min

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The Ethics of Free Speech and Funding in Academia

57:23 • 15min

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Navigating Free Speech and Equality in Academia

01:12:25 • 11min

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Controversial Voices and Ethical Dilemmas

01:23:33 • 19min

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Surveillance and the Erosion of Privacy Rights

01:42:11 • 3min

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Navigating the Complexities of Justice and Precedent

01:45:40 • 3min

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Reflections on Mortality and Life Choices

01:48:15 • 7min

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Three Felonies a Day

How the Feds Target the Innocent

Harvey Silverglate

In this book, Harvey A. Silverglate argues that modern federal criminal laws have become dangerously disconnected from the English common law tradition. He contends that these laws are so numerous, broad, and vague that the average professional unknowingly commits several federal crimes each day. Silverglate examines numerous cases to illustrate how prosecutors use these laws to target individuals, often for technical offenses or behaviors that were not previously considered criminal. The book highlights the pressures on defendants to plead guilty, the manipulation of the media by prosecutors, and the overall imbalance in the federal justice system that favors prosecution over defense.

Mein Kampf

Adolf Hitler

Mein Kampf, written by Adolf Hitler while he was imprisoned following the failed Beer Hall Putsch in 1923, is a two-volume work that combines autobiography and political treatise. The book details Hitler's early life, his experiences during World War I, and his increasing antisemitism and militarism. It outlines his vision for Germany, including the need for Lebensraum (living space) in Eastern Europe, and his racist and anti-Semitic views. The work became the central text of National Socialism and a blueprint for Hitler's policies, including aggressive foreign policy and the persecution of Jews and other minority groups.

Free speech for me--but not for thee

how the American left and right relentlessly censor each other

Nat Hentoff

In 'Free Speech for Me—But Not for Thee', Nat Hentoff critiques the resurgence of censorship in education, government, and mainstream society. He presents numerous cases of censorship, arguing that the desire to censor is stronger than the desire for free speech. Hentoff emphasizes the importance of protecting free expression, even when it is unpopular or offensive, as it is essential for a healthy democracy.

The shadow university

Alan Charles Kors

Press The Free

Harvey Silverglate

The Shadow University exposes the covert systems of justice and censorship on college campuses, where speech codes and conduct codes often override individual rights and free speech. The book documents numerous cases of students and faculty facing unjust treatment under these systems, arguing that such practices undermine academic freedom and intellectual inquiry. The authors, both civil libertarians, advocate for a return to principles of free speech and due process.

The shadow university

Press The Free

Harvey Silverglate

Alan Charles Kors

The Shadow University critiques the erosion of liberty on American campuses, documenting the use of speech codes, kangaroo courts, and political indoctrination to enforce conformity. The book argues that these practices undermine free speech and academic freedom, favoring group rights over individual rights. It was influential in the founding of the Foundation for Individual Rights in Education (FIRE).

Get Trump

Alan Dershowitz

In *Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law*, Alan Dershowitz examines the relentless efforts by Trump's opponents to prevent him from running in 2024. Dershowitz argues that these efforts undermine fundamental liberties like due process and free speech, setting dangerous precedents for future political actions. Despite opposing Trump politically, Dershowitz defends Trump's constitutional rights, emphasizing the importance of equal justice under the law.

Harvey Silverglate is a free speech advocate, co-founder of FIRE, the Foundation for Individual Rights in Expression, and author of several books on freedom of speech and criminal justice. He is running for Harvard Board of Overseers on a platform of free speech. If you’re a Harvard Alumni, please consider voting for him by Tue, May 16, 5pm ET: https://www.harvey4harvard.com/ballot Please support this podcast by checking out our sponsors:
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EPISODE LINKS:
Vote for Harvey: https://www.harvey4harvard.com/ballot
Harvey’s Website: https://www.harveysilverglate.com/
FIRE’s Website: https://www.thefire.org/

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OUTLINE:
Here’s the timestamps for the episode. On some podcast players you should be able to click the timestamp to jump to that time.
(00:00) – Introduction
(06:23) – Freedom of speech
(28:04) – Bureaucracy in Universities
(44:18) – Clash of ideas
(47:56) – Public education is broken
(59:33) – Jeffrey Epstein
(1:12:26) – Freedom of thought and liberal arts
(1:23:30) – Interviewing controversial people
(1:27:14) – Alan Dershowitz
(1:30:28) – Donald Trump
(1:37:27) – FBI
(1:45:52) – Criminal justice system
(1:48:20) – Advice

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