Ari Cohn, lead counsel for tech policy at FIRE, Adam Thierer from the R Street Institute, and Jennifer Huddleston from the Cato Institute delve into the critical intersection of technology and free speech. They dissect the implications of Section 230 and recent FCC moves that could challenge online expression. The trio also debates the complexities of content moderation and the rise of AI regulations, emphasizing the need for balance between innovation and oversight. Their insights into the evolving landscape of digital policy are both thought-provoking and entertaining!

JD Vance critiques Europe's stance on free speech, contrasting it with American values. The discussion dives into the Trump administration's exclusion of the Associated Press from press events and the implications for media freedom. Recent developments in online expression laws in Europe raise concerns about censorship and penalties. The podcast also addresses the FCC's regulatory authority and the complexities of free speech in relation to current political pressures. A fascinating look into the evolving landscape of free speech rights!

In this discussion, Ilya Shapiro, a senior fellow at the Manhattan Institute and author of "Lawless," shares his insights on the evolving landscape of legal education. He recounts his personal encounters with cancel culture, particularly during his time at Georgetown. Shapiro also analyzes significant Supreme Court cases affecting free speech, including the TikTok ownership debate and Texas' age verification law. He emphasizes the need for open dialogue in academia and reflects on the ideological shifts within elite institutions.

Tony Banout, the inaugural executive director of the Forum on Free Inquiry at the University of Chicago, and Tom Ginsburg, a distinguished international law professor, discuss the university’s dedication to free speech. They explore the origins and importance of free expression within academia, referencing key historical documents that guide these principles. The conversation also highlights the challenges of maintaining institutional neutrality amid modern pressures. Ultimately, they underscore the vital role of discomfort in education for fostering genuine inquiry and diverse viewpoints.

Is the free speech conversation too simplistic?  Peter Ives thinks so. He is the author of “Rethinking Free Speech,” a new book that seeks to provide a more nuanced analysis of the free speech debate within various domains, from government to campus to social media. Ives is a professor of political science at the University of Winnipeg. He researches and writes on the politics of “global English," bridging the disciplines of language policy, political theory, and the influential ideas of Antonio Gramsci. Enjoying our podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org. Read the transcript. Timestamps:  00:00 Intro 02:25 The Harper’s Letter 05:18 Neil Young vs. Joe Rogan 08:15 Free speech culture 09:53 John Stuart Mill 12:53 Alexander Meiklejohn 17:05 Ives’s critique of Jacob Mchangama’s “History of Free Speech” book 17:53 Ives’s definition of free speech 19:38 First Amendment vs. Canadian Charter of Rights 21:25 Hate speech 25:22 Canadian Charter and Canadian universities 34:19 White supremacy and hate speech 40:14 Speech-action distinction 46:04 Free speech absolutism 48:49 Marketplace of ideas 01:05:40 Solutions for better public discourse 01:13:02 Outro  Show notes: The Canadian Charter of Rights and Freedoms (1982) “A Letter on Justice and Open Debate” Harper’s Magazine (2020) “On Liberty” John Stuart Mill (1859) “Free Speech: A History from Socrates to Social Media” Jacob Mchangama (2022) Brandenburg v. Ohio (1969) Mahanoy Area School District v. B.L. (2021) Canadian Criminal Code (1985) Bill C-63 - An Act to enact the Online Harms Act (2024) McKinney v. University of Guelph (1990) “When is speech violence?” The New York Times (2017) Section 230 (Communications Decency Act of 1996)

Ari Cohn, lead counsel for tech policy at FIRE, Robert Shibley, special counsel for campus advocacy, and Will Creeley, legal director, dive into pressing free speech issues. They tackle the TikTok ban and its implications on First Amendment rights, discuss mandatory DEI statements, and dig into age verification laws affecting online speech. The trio also unpacks SLAPP suits and defamation settlements, providing insights on how corporate decisions impact journalism. Throughout, they emphasize the crucial need for educating the next generation on free speech rights.

“Who controls what is taught in American universities — professors or politicians?” Yale Law professor Keith Whittington answers this timely question and more in his new book, “You Can’t Teach That! The Battle over University Classrooms.” He joins the podcast to discuss the history of academic freedom, the difference between intramural and extramural speech, and why there is a “weaponization” of intellectual diversity. Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law. Read the transcript. Timestamps:  00:00 Intro 02:00 The genesis of Yale’s Center for Academic Freedom and Free Speech 04:42 The inspiration behind “You Can’t Teach That!” 06:18 The First Amendment and academic freedom 09:29 Extramural speech and the public sphere 17:56 Intramural speech and its complexities 23:13 Florida’s Stop WOKE Act 26:34 Distinctive features of K-12 education 31:13 University of Pennsylvania professor Amy Wax 39:02 University of Kansas professor Phillip Lowcock 43:42 Muhlenberg College professor Maura Finkelstein 47:01 University of Wisconsin La-Crosse professor Joe Gow 54:47 Northwestern professor Arthur Butz 57:52 Inconsistent applications of university policies 01:02:23 Weaponization of “intellectual diversity” 01:05:53 Outro Show notes: “Speak Freely: Why Universities Must Defend Free Speech” Keith Whittington (2019) “You Can't Teach That!: The Battle Over University Classrooms” Keith Whittington (2023) AAUP Declaration of Principles on Academic Freedom and Tenure (1915) AAUP Statement of Principles on Academic Freedom and Tenure (1940) “Kinsey” (2004) Stop WOKE Act, HB 7. (Fla. 2022) Keyishian v. Board of Regents (1967) Indiana intellectual diversity law, S.E.A. 354 (Ind. 2022) “Tinker v. Des Moines Independent Community School District” (1969)

Christopher Cox, former House member and author of "Woodrow Wilson: The Light Withdrawn," debates free speech with David T. Beito, research fellow and author of "The New Deal’s War on the Bill of Rights." They dissect the repressive measures of Wilson during WWI, including the sedition laws, and draw parallels to FDR's wartime censorship and Japanese internment. The conversation reveals the complexities of both presidencies, questioning their legacies on civil liberties and exploring moments of regret over their actions.

Ayaan Hirsi Ali grew up in a culture of conformity. She was beaten and mutilated. She was told who she must marry. Eventually, she rebelled. “You don’t speak up at first,” she told us. “First you leave and you find a place of safety. It’s only after that experience that it occurred to me to speak up about anything.” Hirsi Ali is a human rights activist, a research fellow at the Hoover Institution, the founder of the AHA Foundation, and the host of the Ayaan Hirsi Ali Podcast. She is also the best-selling author of a number of books, including “Infidel,” “Nomad,” “Heretic,” and, “Prey.” Her latest initiative is Courage Media, which describes itself as a space for courageous conversations.  Read the transcript. Timestamps:  00:00 Intro 04:36 Conformity and its consequences 09:03 Islam and free speech 16:38 Immigration and the clash of civilizations 26:03 Censorship and decline in higher education 34:14 Cost of criticism and finding one’s voice 37:20 Hope for the future 43:58 Outro Show notes: “Submission.” Ayaan Hirsi Ali and Theo Van Gogh (2004) Brandeis Change.org petition. (2014) “When you use AI to replace every mention of ‘our democracy’ with ‘our bureaucracy,’ everything starts making a lot more sense.” Bill D’Agnostico via X (2024) 

In this live recording of “So to Speak” at the First Amendment Lawyers Association meeting, Samir Jain, Andy Phillips, and Benjamin Wittes discuss the legal questions surrounding free speech and artificial intelligence. Samir Jain is the vice president of policy at the Center for Democracy and Technology. Andy Phillips is the managing partner and co-founder at the law firm Meier Watkins Philips and Pusch. Benjamin Wittes is a senior fellow in governance studies at the Brookings Institution and co-founder and editor-in-chief of Lawfare. Read the transcript. Timestamps:  00:00 Intro 01:54 The nature of AI models 07:43 Liability for AI-generated content 15:44 Copyright and AI training datasets 18:45 Deepfakes and misinformation 26:05 Mandatory disclosure and AI watermarking 29:43 AI as a revolutionary technology 36:55 Early regulation of AI  38:39 Audience Q&A 01:09:29 Outro Show notes: -Court cases: Moody v. NetChoice (2023) The New York Times Company v. Microsoft Corporation, et al (2023) Millette v. OpenAI, Inc (2024) Walters v. OpenAI, L.L.C. (2024) -Legislation: Section 230 (Communications Decency Act of 1996) AB 2839 - Elections: deceptive media in advertisements AB 2655 - Defending democracy from deepfake deception Act of 2024 California AI transparency Act  Colorado AI Act NO FAKES Act of 2024  -Articles: “A machine with First Amendment rights,” Benjamin Wittes, Lawfare (2023) “22 top AI statistics and trends in 2024,” Forbes (2024) “Global risks 2024: Disinformation tops global risks 2024 as environmental threats intensify,” World Economic Forum (2024) “Court lets first AI libel case go forward,” Reason (2024) “CYBERPORN - EXCLUSIVE: A new study shows how pervasive and wild it really is. Can we protect our kids – and free speech?” TIME (1995) “It was smart for an AI,” Lawfare (2023)