So to Speak: The Free Speech Podcast

Was our modern First Amendment born out of a chance encounter on a train bound for Boston in 1918? On this episode of So to Speak, we speak with Seton Hall Law Professor Thomas Healy. He argues that Supreme Court Justice Oliver Wendell Holmes' unlikely run-in with Judge Learned Hand in the summer of 1918 set off a series of events that culminated in a new trajectory for the First Amendment in America. Professor Healy is the author of "The Great Dissent: How Oliver Wendell Holmes Changed His Mind — and Changed the History of Free Speech in America." The book explores how one man who claimed to disdain all constitutional rights ended up breathing new meaning into our first one. www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100

Did the founders intend for the First Amendment to protect as much speech as it does today? University of Richmond Assistant Professor of Law Jud Campbell argues probably not. He is the author of an article recently published in The Yale Law Journal that Cass Sunstein says "might well be the most illuminating work on the original understanding of free speech in a generation." In "Natural Rights and the First Amendment," professor Campbell argues that the founders' understanding of the freedoms of speech and of the press rested on "a multifaceted understanding of natural rights that no longer survives in American constitutional thought." He contends that those rights "were expansive in scope but weak in their legal effect, allowing for restrictions of expression to promote the public good." On this episode of So to Speak, we investigate professor Campbell's claims and wonder, if true, what — if anything — we should do about them. www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100

The Institute for Justice doesn't litigate your typical First Amendment cases. They don't take cases involving protest bans, controversial speakers, or political dissent. Instead, the libertarian, public-interest law firm takes cases often ascribed to the margins of First Amendment concerns by the public and even some judges: cases involving occupational speech, commercial speech, and campaign finance. On this episode of So to Speak, we speak with IJ President and General Counsel Scott Bullock about the origin of IJ's unique brand of First Amendment litigation. Bullock joined the organization at its founding in 1991 and was involved in all of its early free speech cases. We also discuss some of IJ's current cases and some common arguments against its stances on First Amendment issues. www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100

Masses Publishing Co. v. Patten (1917) might be the most important free speech case you've never heard of. In his now largely forgotten decision in the case, then Southern District of New York Judge Learned Hand rejected the United States postmaster general's arguments for refusing to mail Masses magazine. The magazine was staunchly opposed to World War I and the compulsory military draft. The postmaster general argued that the recently passed Espionage Act gave him the authority to deny the magazine's circulation. On this episode of So to Speak, we revisit Masses v. Patten with University of Washington School of Law Scholar Ronald Collins and feature a reargument of the case (min. 40) at the United States Court of Appeals for the Second Circuit. One hundred years ago this month, that same court reversed Judge Hand's decision. The case was reargued in front of a panel of Second Circuit judges on Nov. 6, with former Stanford Law School Dean Kathleen Sullivan appearing for Masses Publishing Company and First Amendment attorney Floyd Abrams appearing for Postmaster Patten. VIDEO of reargument: https://youtu.be/p1W1wfOK1R0 www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100

Harvard University professor and FIRE Advisory Council member Steven Pinker is a rockstar academic. He has written 10 books, many of which are bestsellers, including most recently "The Better Angels of our Nature" and "The Sense of Style." On this episode of So to Speak, we chat with professor Pinker about free speech, free inquiry, taboo, dangerous ideas, and, of course, his forthcoming book on the Enlightenment: "Enlightenment Now: The Case for Reason, Science, Humanism, and Progress." Here is the recommended reading list provided by professor Pinker during the podcast: Immanuel Kant's "What is the Enlightenment?" Thomas Nagel's "The Last Word" Jonathan Glover's "Humanity: A Moral History of the 20th Century" www.sotospeakpodcast.comFollow us on Twitter: www.twitter.com/freespeechtalk Like us on Facebook: www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.orgCall in a question: 215-315-0100

Nowhere have the campus free speech debates been as intense as at the University of California, Berkeley — the home of the Free Speech Movement. Violent protests against one speaker. Hundreds of thousands of dollars in security costs to protect another. Speaking invitations extended and then (maybe?) rescinded. And that's just this year. On this episode of So to Speak, we revisit the events surrounding the 1964 Berkeley Free Speech Movement to see if the university's storied past can teach us anything about today's debates. www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100

Is the modern college campus suffering from a decline in viewpoint diversity? Do American universities prepare students for life in a politically divided democracy, or might they be teaching habits of thought that will add to America's political divisions? Does political orthodoxy reduce the quality of research, scholarship, and education? Heterodox Academy and the Foundation for Individual Rights in Education conducted a live panel discussion at New York University in New York City on Tuesday, October 10 to explore these and other pressing questions. The panelists included: • Mark Lilla, professor, Columbia University • Nadine Strossen, professor, New York Law School; former president, ACLU • April Kelly-Woessner, professor, Elizabethtown College • Sam Abrams, professor, Sarah Lawrence College • Nico Perrino (moderator), host, So to Speak: The Free Speech Podcast; director of communications, FIRE Video: youtu.be/tcDN4iQWfUc www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100

The experts are calling it the free speech debate of the next decade: Who makes the rules for what people can say — and see — on the web? And who pays the price when "The Delete Squad" gets it wrong? On today's episode of So to Speak: The Free Speech Podcast, FIRE's Alex Morey talks to experts on all sides of the issue, from the Facebook team working to keep the social network uncensored — but also safe — for users, to directors at Electronic Frontier Foundation and the Committee to Protect Journalists, and more. When one entity can unilaterally censor billions of users at the push of a button, what does it mean for the future of the internet? "Is this the day the Internet dies?" www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100

The British free speech invasion is here. Our friends from the current affairs magazine spiked have traveled across the pond to host "Unsafe Space," an all-star free speech tour of American college campuses. On today's episode of So to Speak, we catch up with spiked editors Tom Slater and Ella Whelan in New Jersey to chat about the tour, which kicks off next week in Washington, D.C. We also discuss developments overseas, including spiked's latest free speech rankings of campuses in the United Kingdom and the implications of Brexit for free expression. Video: https://youtu.be/pnitp0Oa_ts 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 Call in a question: 215-315-0100

Would Isaac Newton succeed on the modern college campus? The genius who discovered the laws of motion, but who also obsessed over alchemy, was introverted and prone to unpredictable mood swings. Scholars believe he may have had autism, which is one of the many neurological conditions that contribute to "neurodiversity" in the world. And according to one new theory, the way modern colleges regulate speech is particularly chilling for neurodivergent people, like Newton, who are estimated to make up at least 20 percent of the population. On today's episode of So to Speak, we chat with University of New Mexico Associate Professor Geoffrey Miller. He is the author of two new articles, titled "The neurodiversity case for free speech" and "Mental health 'disabilities' as legal superpowers." In these articles, he argues that overbroad and vague campus speech codes could discriminate against neurodivergent people with diagnosed mental health disabilities. www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100