So to Speak: The Free Speech Podcast

George Mason University Professor Tyler Cowen has spent the better part of the last 40 years on college campuses. That’s why when he wrote in his new book “The Complacent Class: The Self-Defeating Quest for the American Dream” that college campuses are “among the segments of American society where the complacent class exercises its strongest influence,” we wanted to learn more. On today’s episode of So to Speak, we ask professor Cowen why he believes college campuses are complacent and what impact, if any, this has on recent campus debates about freedom of speech. Joining host Nico Perrino in quizzing professor Cowen about the implications his thesis has for free speech is FIRE President and CEO Greg Lukianoff, who is also curious about some of professor Cowen’s other areas of expertise — economics and food. 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

FIRE President and CEO Greg Lukianoff once declared 2014 the year of the heckler. But after high profile examples of mob censorship at the University of California, Berkeley, Middlebury College, and Claremont McKenna College, has 2017 become the new year of the heckler — at least on college campuses? On this week’s episode of So to Speak, host Nico Perrino is joined by his FIRE colleagues Will Creeley, Samantha Harris, and Joe Cohn to help answer this and other questions about free speech on campus during the spring 2017 semester. www.sotospeakpodcast.com Podcast video: YouTube.com/theFIREorg 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

Where are the new frontiers in First Amendment law? Where do scholars and the courts see the potential for expanding First Amendment protections in the future? What technological developments pose challenges to existing First Amendment protections? Our guest on today’s episode of So to Speak will help us answer those questions. Professor Eugene Volokh is the Gary T. Schwartz Distinguished Professor of Law at UCLA and the founder of the popular legal blog The Volokh Conspiracy. Before receiving his law degree and clerking for Justice Sandra Day O’Connor on the U.S. Supreme Court, he graduated from UCLA at age 15 with a degree in math-computer science and worked as a computer programmer for 12 years. Professor Volokh is widely regarded as a foremost scholar on the First Amendment and his textbook, “The First Amendment and Related Statutes,” is used in law schools across the country. On today’s show, we explore topics relating to virtual reality and augmented reality, occupational speech and the case of Mats Järlström, prediction markets, and Packingham v. North Carolina, a case currently before the U.S. Supreme Court dealing with registered sex offenders’ access to social media. Also in this show: Professor Volokh shares what First Amendment issue he is particularly interested in at the moment. 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

Ira Glasser is one of the most consequential civil liberties figures in American history. He ran the ACLU as its executive director from 1978 until his retirement in 2001. In the process, he transformed the organization from a small, $4 million nonprofit with offices in a few cities into a household name with an annual budget of $45 million, a $30 million endowment, and staffed offices in every state, Washington D.C., and Puerto Rico. This week is the 50th anniversary of when Glasser started with the ACLU on May 1, 1967. In this exclusive, wide-ranging interview, he shares how he went from a part-time math teacher with no law degree to the leader of one of America’s most prominent legal organizations. His story takes us to Ebbets Field in Brooklyn, where in 1947, Jackie Robinson broke the color barrier in baseball and inspired a generation of civil rights activists, to the offices of Robert Kennedy, where the junior U.S. senator spoke with a young Glasser and convinced him to take a job with the ACLU — a job he initially didn’t want. In explaining how he got from “here to there,” Glasser puts on a master class in principled free speech advocacy, effective management strategies, and how following your passions can lead you to delightfully unexpected places. www.sotospeakpodcast.com Interview transcript: thefire.org/so-to-speak-podcast-transcript-ira-glasser-aclu/ 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

Sex and the Constitution are not two topics often thought of together. But University of Chicago Law School professor Geoffrey R. Stone seeks to change that with the publication of “Sex and the Constitution: Sex, Religion, and Law from America’s Origins to the Twenty-First Century.” The newly released, 700-page book is 10 years in the making. Stone’s comprehensive review extends all the way back to the ancient Greeks and Romans to explain how sex came to be legislated in America. Professor Stone is the guest on today’s episode of So to Speak. Fittingly, we met in New York City to discuss the portions of “Sex and the Constitution” dealing with the regulation of sexual expression. It was, after all, in New York City where the YMCA and Anthony Comstock began their campaigns in the 1800s to root out what they deemed obscene, sexually explicit material. During our conversation, Stone explains how “obscenity” came to be regulated in America and why its legal definition constantly shifts. We also explore other First Amendment issues surrounding sexual expression, including nude dancing and the public funding of art with sexual themes. 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

On April 6, Manhattan Institute Fellow Heather Mac Donald was standing in Claremont McKenna College’s Athenaeum preparing to give a lecture to an empty room. An empty room was not what Mac Donald expected when she traveled to California from her New York City home to deliver a lecture on her new book, “The War On Cops.” But outside the auditorium, close to 300 people had surrounded the Athenaeum, preventing prospective audience members from entering. They were protesting Mac Donald’s defense of law enforcement policing tactics and her criticism of the Black Lives Matter movement. Ultimately, the college livestreamed Mac Donald’s talk to those who could not attend in person. But the talk was cut short during the question and answer period after police and administrators determined that it was unsafe for her to remain in the building. The crowd was allegedly out of control, and Mac Donald could hear banging on the windows. Her exit through the kitchen of the Athenaeum into an unmarked Claremont Police Department van was coordinated by walkie-talkie. Heather Mac Donald is our guest on today’s “extra” edition of “So to Speak.” Mac Donald is the latest speaker on campus to fall victim to the “heckler’s veto.” During our conversation, I ask Mac Donald what she was thinking as she heard the crowd outside banging on the Athenaeum’s windows. I also asked her what it says about the environment for free inquiry on campus that a scholar must escape under police protection through the kitchen of a campus building for presenting nothing more than an argument? 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

From Buckley v. Valeo (1976) to Citizens United v. FEC (2010), legal disputes over the constitutionality of campaign finance laws have captured the general public’s attention for decades. At the heart of the debate is a question of whether money donated to political candidates or spent influencing elections is speech protected by the First Amendment. And, if it is, are there countervailing interests outweighing those core First Amendment interests? Even within the free speech community, the debate can be contentious. But for our guest on today’s episode of So to Speak, the issue is straightforward: money spent in support of a political message is speech. Sam Gedge is an attorney with the Institute for Justice, a national public-interest law firm that puts its money where its mouth is, regularly challenging campaign finance restrictions in court. In this podcast, Gedge presents the basics of campaign finance regulation and makes his case for why money spent on politics deserves full First Amendment protection. 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

New technologies and the censorship instinct seem to go hand-in-hand. From the first days of the printing press, to the rise of radio and the telephone, to the advent of the internet, innovations in mass communication are often followed by a fear of what will happen if these novelties are left unrestricted — or uncensored. On today’s episode of So to Speak, we speak with former Federal Communications Commission chief counsel and current Davis Wright Tremaine partner Bob Corn-Revere about what it means for censorship to be the “bastard child of technology.” 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

Daryl Davis, a 58-year-old black man, has a question: “How can you hate me if you don’t even know me?” For nearly three decades, Davis has been interviewing members of the Ku Klux Klan to find an answer to that question. However, in the course of his research, he found something he didn’t expect to find: friendship. You see, while Davis was actively learning about the Klan members, they were passively learning about him, seeing that their prejudices were unfounded and becoming his friend. Today, Davis has dozens of Klan robes at his home that were given to him by former Klan members who shed their racist beliefs after meeting him. On today’s episode of “So To Speak,” we travel to Maryland to meet Davis and explore how open dialogue and debate have shown him a path toward a tolerant, multicultural future. 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

In 1994, law student Rob Corry joined with eight other students to file a legal challenge to a Stanford University speech code. It was the first-ever lawsuit filed under California’s recently-enacted “Leonard Law,” which applies First Amendment protections to private, non-sectarian colleges in the state of California (like Stanford), and which the students argued made Stanford’s restrictions on free speech unlawful. Winning wasn’t going to be easy: Corry would be representing himself and his co-plaintiffs against one of America’s richest and most powerful research universities. On Feb. 27, 1995—22 years ago this month—a California state court judge sided with Corry and struck down Stanford’s speech code as an impermissible content-based restriction on expression. The victory earned Corry the title of “speech code slayer" in a campus newspaper. Today, on “So to Speak,” we talk with Corry of Corry v. Stanford about the seminal lawsuit, how he overcame the challenges of representing himself in court, and why other students should feel emboldened by his victory to challenge their colleges’ speech codes. 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