Why is it important that we protect freedom of speech? On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino speaks with Duke University School of Law professor Joseph Blocher, who argues that one of the most common justifications for free speech — creating a “marketplace of ideas” in our search for truth — rests on unstable ground in our “post-truth” era. In his article, “Free Speech and Justified True Belief,” Blocher argues for a reframing of this epistemic theory of free speech around knowledge, rather than truth. Nico and Blocher are joined in their discussion by frequent guest and First Amendment News Editor Ronald K.L. Collins. Show notes: Video of conversation Podcast transcript “Coronavirus and the failure of the ‘Marketplace of Ideas’” by Greg Lukianoff “Bans” by Joseph Blocher National Institute of Family and Life Advocates v. Bacerra (2018) 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

At a time when artistic expression has never enjoyed greater First Amendment protection, rap music has seemingly been left behind. Rap lyrics are routinely used as evidence by police and prosecutors to justify arresting and charging suspects for all manner of alleged crimes. In their new book, “Rap on Trial: Race, Lyrics, and Guilt in America,” authors Erik Nielson and Andrea L. Dennis identify approximately 500 cases where the violent and aggressive themes within rap lyrics were used against defendants in court. On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino speaks with Nielson and Dennis about their book, in which they argue that no other form of creative expression — or genre of music — is treated the same way as rap by the law. “That’s why we call this book ‘Rap on Trial.’ It’s not art on trial. It’s not music on trial. It’s rap on trial.” Read the podcast 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

Do violent video games make people more violent? Amid calls to censor or restrict access to violent video games because of their perceived contributions to violent events (such as school shootings), the question is as important as ever. On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino explores this question. He is joined by FIRE’s resident video game expert (and FIRE staffer) Ryne Weiss and Villanova University professor Patrick M. Markey. Markey is the co-author with Christopher J. Ferguson of Moral Combat: Why the War on Violent Video Games is Wrong. Show notes: Podcast transcript Brown v. Entertainment Merchants Association (2011) “Addiction and expression” by Luke Morgan (Hastings Constitutional Law Quarterly) The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure 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

Is carrying a weapon during a political demonstration protected by the First Amendment? What about intentionally creating an addictive video game?  Does the First Amendment’s press clause require the existence of news outlets? On today’s episode of So to Speak: The Free Speech Podcast, we explore these three topics and more with First Amendment scholar Luke Morgan, who has written three fascinating articles that examine the scope of the First Amendment’s protections: “Leave your guns at home: The constitutionality of a prohibition on carrying firearms at political demonstrations” (Duke Law Journal) “Addiction and expression” (Hastings Constitutional Law Quarterly) “The broken branch: Capitalism, the Constitution, and the press” (forthcoming) 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, host Nico Perrino is joined by his FIRE colleagues Robert Shibley, Samantha Harris, and Will Creeley to discuss: the firing of a faculty member at Babson College for a satirical Facebook post; the punishment of two students at the University of Connecticut for the use of a racial epithet; an executive order on antisemitism; and upcoming regulations on Title IX. Recorded on Jan. 15. 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 you now or have you ever been a member of the Communist Party?”On today’s episode of So to Speak: The Free Speech Podcast, we explore how America’s fear of communism in the early- to mid-20th century led to firings and blacklists in Hollywood, government, and higher education — and how these actions compromised America’s treasured principles of free speech, free conscience, free association, and due process of law.We are joined by Ellen Schrecker, a former professor at Yeshiva University and the author of Many Are the Crimes: McCarthyism in America and No Ivory Tower: McCarthyism and the Universities. Click here for podcast 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

On today’s edition of So to Speak: The Free Speech Podcast, we celebrate 100 episodes by bringing back on the show popular past guests for a wide-ranging discussion on the state of free speech in America. Joining us are: Jonathan Rauch, senior fellow, Brookings Institution Nadine Strossen, professor, New York Law School, past president of the ACLU (1991-2008) Bob Corn-Revere, partner, Davis Wright Tremaine Greg Lukianoff, president & CEO, Foundation for Individual Rights in Education Show notes:  Podcast transcript Video of the conversation Remarks by mother of Heather Heyer at Open Future Festival Chicago “Offices and Gentlemen” by Jonathan Rauch

On today’s episode of So to Speak: The Free Speech Podcast, we are joined by professor Dale E. Miller to discuss the life and philosophy of the English philosopher John Stuart Mill, whose 1859 essay “On Liberty” is a classic text — maybe the classic text — defending the principles of free expression. Miller is a professor and associate dean for research and graduate studies at Old Dominion University. He is the author of J.S. Mill: Moral, Social, and Political Thought. Show notes:  Podcast transcript The text of John Stuart Mill’s “On Liberty” The Liberty Fund’s collected works of John Stuart Mill Dale E. Miller’s website: www.drdaleemiller.net 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 are joined by William & Mary Law School Professor Timothy Zick to discuss his new book, “The First Amendment in the Trump Era.” 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

Does free speech exist?  According to Cardozo Law Professor Stanley Fish, it does not. On today’s episode of So to Speak: The Free Speech Podcast, we dig into what the colorful professor means by this assertion and discuss his forthcoming book, “The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-Truth, and Donald Trump.” Show notes: Podcast transcript “There’s No Such Thing As Free Speech: And It’s a Good Thing, Too” by Stanley Fish “Areopagitica” by John Milton “Leviathan” by Thomas Hobbes New York Times v. Sullivan (1964) “Absence of Malice” (1981) movie “Inherit the Wind” (1960) movie “The Structure of Scientific Revolutions” by Thomas S. Kuhn “In defense of the NBA: The league has every right to come down hard on critics of China who work for it” by Stanley Fish 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