The Lawfare Podcast

From December 15, 2020: Alan Rozenshtein sat down with Yaya Fanusie, a former CIA analyst and an expert on the national security implications of cryptocurrencies, who recently published a paper as part of Lawfare's ongoing Digital Social Contract research paper series, entitled, "Central Bank Digital Currencies: The Threat From Money Launderers and How to Stop Them." They talked about how central banks are exploring digital currencies, how those currencies might in turn be used by criminals and terrorist groups, and how governments and the private sector should respond.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From October 6, 2023: The First Amendment protects speech, but what kind? True speech, sure. But what about false or misleading speech? What if it's harmful? After all, you can't yell fire in a crowded theater—or can you?To answer these questions, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare spoke with Jeff Kosseff, who is an Associate Professor of Cybersecurity Law in the United States Naval Academy’s Cyber Science Department and a Contributing Editor at Lawfare. Jeff is releasing his latest book this month, titled "Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation," in which he describes, and defends, the First Amendment's robust protections for false and misleading speech.They spoke about the book, why you sometimes can yell fire in a crowded theater, and how new technology both superchargers misinformation and provides new tools to fight it.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of the Lawfare Podcast features Glen Weyl, economist and author at Microsoft Research; Jacob Mchangama, Executive Director of the Future of Free Speech Project at Vanderbilt; and Ravi Iyer, Managing Director of the USC Marshall School Neely Center.Together with Renee DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and Contributing Editor at Lawfare, they talk about design vs moderation. Conversations about the challenges of social media often focus on moderation—what stays up and what comes down. Yet the way a social media platform is built influences everything from what we see, to what is amplified, to what content is created in the first place—as users respond to incentives, nudges, and affordances. Design processes are often invisible or opaque, and users have little power—though new decentralized platforms are changing that. So they talk about designing a prosocial media for the future, and the potential for an online world without Caesars.Articles Referenced:https://arxiv.org/abs/2502.10834https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4178647https://www.techdirt.com/2025/01/27/empowering-users-not-overlords-overcoming-digital-helplessness/https://kgi.georgetown.edu/research-and-commentary/better-feeds/https://knightcolumbia.org/content/the-algorithmic-management-of-polarization-and-violence-on-social-mediahttps://time.com/7258238/social-media-tang-siddarth-weyl/https://futurefreespeech.org/scope-creep/https://futurefreespeech.org/preventing-torrents-of-hate-or-stifling-free-expression-online/https://www.thefai.org/posts/shaping-the-future-of-social-media-with-middlewareTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Van Jackson, Professor of International Relations at Victoria University of Wellington, and Michael Brenes, Associate Director of the Brady-Johnson Program in Grand Strategy and Lecturer in History at Yale University, join Lawfare Managing Editor Tyler McBrien to talk about their new book,  “The Rivalry Peril: How Great-Power Competition Threatens Peace and Weakens Democracy,” in which they make the case for the United States to take a less aggressive approach to China. They discussed the pitfalls of great power competition, the origins of the China threat, and why a destructive U.S.-China rivalry is our choice, rather than our destiny.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

A lighthearted chat about botanical gardens kicks off the discussion on significant national security topics. The Trump administration's controversial actions against law firms raise legal questions and concerns over First Amendment rights. Tensions brew as $400 million in funding hangs in the balance for Columbia University over anti-Semitism claims. The complexity of identity politics intertwines with free speech issues, particularly concerning tariffs that spark economic anxieties. The mix of humor and serious analysis keeps listeners engaged.

Jack Goldsmith sits down with Zachary Price, Professor of Law at UC Law San Francisco and author of the new book, “Constitutional Symmetry: Judging in a Divided Republic,” which argues for judges to make decisions that work “symmetrically” across major partisan and ideological divides. He explores the implications of this theory in the context of the Trump administration's legal actions, particularly regarding the removal power and the Supreme Court's evolving jurisprudence. The two discuss the implications of the unitary executive theory, particularly in relation to presidential power over law enforcement and executive orders. They analyze the TikTok executive order as a case study of presidential discretion and its potential overreach. The discussion also covers the implications of the Impoundment Control Act on congressional authority and the importance of maintaining a balance of power between the executive and legislative branches. Finally, they explore the concept of “constitutional symmetry” in the context of separation of powers and the role of civil service in preserving governmental integrity. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Carla Reyes, Associate Professor of Law at SMU Dedman School of Law, and Drew Hinkes, a Partner at Winston & Strawn with a practice focused on digital assets and advising financial services clients, join Kevin Frazier, Contributing Editor at Lawfare, to discuss the latest in cryptocurrency policy. The trio review the evolution of crypto-related policy since the Obama era, discuss the veracity of dominant crypto narratives, and explore what’s next from the Trump administration on this complex, evolving topic. Read more:TRM Labs 2025 Crypto Crime Report: https://www.trmlabs.com/2025-crypto-crime-report2023 FDIC National Survey of Unbanked and Underbanked Households: https://www.fdic.gov/household-surveyTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on March 7, Lawfare Executive Editor Natalie Orpett, sat down with associate professor of law at the University of Minnesota Law School Nick Bednar and Lawfare Senior Editors Anna Bower and Scott Anderson to discuss legal challenges to the Trump administration’s executive actions, including DOGE attempting to enter the U.S. African Development Foundation, the firing of probationary employees across the executive branch, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 1, 2022: Over the past week, the United States and its allies have responded to Russia's military invasion of Ukraine with some unprecedented actions of their own—economic sanctions that target Russia in ways that have never been tried before, let alone applied to one of the world's largest economies over just a handful of days.To discuss this revolutionary sanctions strategy and what it may mean moving forward, Scott R. Anderson sat down with two sanctions experts: Julia Friedlander, senior fellow at the Atlantic Council, and Rachel Ziemba, adjunct fellow at the Center for a New American Security. They talked about the different types of sanctions being applied, what impact they will have on the Russian economy and what the consequences may be, not just for the conflict in Ukraine, but for the rest of the world moving forward.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 26, 2024: At a South Carolina campaign rally on Feb. 10, former President Donald Trump told a crowd of supporters that while he was president he told “one of the presidents of a big country” in the NATO alliance that he would not protect that country from a Russian invasion if that country didn’t pay. Trump then said, “In fact, I would encourage them to do whatever the hell they want. You got to pay. You got to pay your bills.” Lawfare Managing Editor Tyler McBrien sat down with Lawfare Senior Editor Scott R. Anderson to talk through Trump’s NATO comments, why they’re rattling European allies, whether a U.S. president could destroy the alliance, and how Congress might stop it. They also talked about why everyone here at Lawfare calls Section 1250A of the recent National Defense Authorization Act the “Anderson Saves NATO” provision.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.