So to Speak: The Free Speech Podcast

This week, the United States Supreme Court vindicated the First Amendment rights of a high school cheerleader who was punished for a salty Snapchat she sent outside of school. It was a resounding victory for free speech advocates and the first time the Supreme Court has considered a high school free speech case since its disappointing 2007 ruling in Morse v. Frederick. On today’s episode of So to Speak: The Free Speech Podcast, we analyze the Supreme Court’s ruling in Mahanoy Area School District v. B.L. with FIRE Legal Director Will Creeley and FIRE Legal Fellow David Hudson. Show notes: Transcript Court opinion: Mahanoy Area School District v. B.L. Listen to an audio reading of the opinion via Free Speech Out Loud FIRE, NCAC, and CBLDF file brief in Mahanoy Area School District v. B.L., cheerleader Snapchat case before Supreme Court www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Photo by Danna Singer/Provided by the ACLU

Socrates’ fateful hemlock. Henry VIII’s death decree for those who imagined his downfall. The 1836 “Gag Rule” banning slavery discussions in Congress. Britain’s early ban on films criticizing Hitler and Stalin. On today’s episode of So to Speak: The Free Speech Podcast, we are joined by lawyer and writer Eric Berkowitz to discuss his fascinating new book, “Dangerous Ideas: A Brief History of Censorship in the West, from the Ancients to Fake News.”  Berkowitz’s “Dangerous Ideas” is a comprehensive and insightful adventure through time to examine censorship’s origins and trends. Also joining the conversation is FIRE President and CEO Greg Lukianoff. Show notes: Transcript Washington Post: “Secret Consortium to Publish Rushdie in Paperback” www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

What differentiates Albert Einstein from a madman? How do we turn disagreement into knowledge? How do we know what’s true in a world filled with disinformation, conspiracy theories, trolling, and social media pile-ons? On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Brookings Institution Senior Fellow Jonathan Rauch to discuss his new book “The Constitution of Knowledge: A Defense of Truth,” which is set for release on June 22, 2021. Also joining the conversation is FIRE President and CEO Greg Lukianoff. Show notes: Transcript “The Constitution of Knowledge” by Jonathan Rauch “Kindly Inquisitors: The New Attacks on Free Thought” by Jonathan Rauch “The Coddling of the American Mind” by Greg Lukianoff and Jonathan Haidt www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Rebellion! Crime! Juvenile delinquency! On today’s episode of So to Speak: The Free Speech Podcast, producer Chris Maltby explores the rise of comic books in the early 20th century and the moral panic, book burnings, and censorship that followed. Show notes: “The Ten-Cent Plague: The Great Comic Book Scare And How It Changed America” by David Hajdu “The Mind of the Censor and the Eye of the Beholder” by Bob Corn-Revere “A National Disgrace” by Sterling North “Puddles of Blood,” Time Magazine, 1948 Comic Book Legal Defense Fund www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Are education schools secretly driving campus censorship?  On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Lewis & Clark Associate Professor of English Lyell Asher to discuss his 2018 article for the Chronicle of Higher Education, “How Ed Schools Became a Menace.” Also joining the conversation is FIRE President & CEO Greg Lukianoff, co-author of the bestseller “The Coddling of the American Mind.” Show notes: Transcript “Educating School Leaders” by Arthur Levine Yale University: Protesters at Yale Threaten Free Speech, Demand Apologies and Resignations from Faculty Members Over Halloween Email “Please Report to Your Resident Assistant to Discuss Your Sexual Identity—It’s Mandatory! Thought Reform at the University of Delaware” by Adam Kissel “Hard Words: Why Aren’t Kids Being Taught to Read” by Emily Hanford “At a Loss for Words: How a Flawed Idea is Teaching Millions of Kids to be Poor Readers” by Emily Hanford “Look Who’s Talking About Educational Equity” by Lyell Asher E.D Hirsch’s Core Knowledge curriculum “Other People’s Children: Cultural Conflict in the Classroom” by Lisa Delpit “Racial Microaggressions in Everyday Life” by Derald Wing Sue et al. www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ninth grader Brandi Levy was frustrated when she didn’t make her high school’s varsity cheerleading team so she posted an intemperate video about it on Snapchat to her 250 “friends.” Four years later, that video, which led to her suspension from the junior varsity cheer team, will take center stage at the United States Supreme Court.  Mahanoy Area School District v. B.L. is a case that University of Florida Professor Frank LoMonte says will determine “the future of student free speech.” On today’s episode of So to Speak: The Free Speech Podcast, we are joined by LoMonte, who also leads the Brechner Center for Freedom of Information, and FIRE Program Officer Lindsie Rank to discuss the Mahanoy case, which could answer some important lingering questions about student speech rights off-campus and on social media. The Supreme Court is set to hear oral arguments in the case on Wednesday, April 28. A decision is expected this summer. Show notes: Transcript “The future of student free speech comes down to a foul-mouthed Cheerleader,” by Frank LoMonte FIRE, NCAC, and CBLDF file brief in Mahanoy Area School District v. B.L., cheerleader Snapchat case before Supreme Court www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Editor's note: A previously published version of this episode featured an incorrect audio file for a different FIRE podcast. The error has been fixed and the correct audio file uploaded. We apologize for the error. Retired University of Wisconsin Professor Donald Downs is a legendary champion of free speech and academic freedom. But before he became one of the country’s preeminent defenders of these values, he wrote a book that challenged prevailing free speech arguments. On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Professor Downs to discuss his journey from somewhat of a free speech skeptic to one of its most fervent defenders. Transcript Free Speech and Liberal Education: A Plea for Intellectual Diversity and Tolerance (2020) Nazis in Skokie: Freedom, Community, and the First Amendment (1985) Restoring Free Speech and Liberty on Campus (2007) www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

On today’s episode of So to Speak: The Free Speech Podcast, we discuss the newly formed Academic Freedom Alliance, which is a union of American college faculty members dedicated to protecting faculty expressive and academic freedom rights. Keith E. Whittington is the William Nelson Cromwell Professor of Politics in the Department of Politics at Princeton University. Professor Whittington is the chair of AFA’s Academic Committee. He also is a member of FIRE’s Board of Directors. Transcript www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

There are very few exceptions to the First Amendment, and “incitement to imminent lawless action” is one of them. In the wake of former President Donald Trump’s impeachment trial over his alleged incitement of the Jan. 6 violence at the U.S Capitol, this obscure legal doctrine has captured headlines. On today’s episode of So to Speak: The Free Speech Podcast, we discuss the incitement doctrine, and whether Trump’s Jan. 6 speech amounted to incitement, with First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr. He is an Assistant Professor of Law at Belmont University and the Justice Robert H. Jackson Legal Fellow at FIRE. Transcript Brandenburg v. Ohio (1969) Transcript: Donald Trump speech at the Jan. 6 “Save America” rally www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

On today’s episode of So to Speak: The Free Speech Podcast, we explore a multi-year public records odyssey at the University of California, Los Angeles involving former Treasury Secretary Steven Mnuchin, a campus appearance, administrative stonewalling, and, finally, a successful lawsuit filed by FIRE. And, on the eve of Student Press Freedom Day, we learn about the challenges student journalists face accessing public records in the University of California system and why access to such records is important for democracy and for student journalists to fulfill their watchdog role. Show notes: Transcript www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org