UPDATE: Just as this podcast was to be published, Stanford Law School Dean Jenny Martinez sent a 10-page memorandum to the law school community outlining a path forward for the school, including updating school policies to prevent future speaker disruptions and mandatory student free speech training. She also announced that Associate Dean Tirien Steinbach is on leave. – The heckling began almost as soon as Fifth Circuit Court of Appeals Judge Kyle Duncan started his invited lecture at Stanford Law School on March 9. Signs in the audience read “RESPECT TRANS RIGHTS,” “FEDSUCK,” “BE PRONOUN NOT PRO-BIGOT.”  What transpired over the next 40 minutes captured national headlines and raised questions about the state of free speech at America’s law schools. David Lat writes commentary about law and the legal profession for Original Jurisdiction. Until 2019, he was an editor at the legal news website Above the Law, which he founded. Prior to his journalism career, David was a practicing lawyer. Show notes: Transcript “Yale Law is no longer #1 for free speech debacles” by David Lat “7 updates on Judge Kyle Duncan and Stanford Law” by David Lat “The full audio recording of Judge Kyle Duncan at Stanford Law” by David Lat Transcript of Stanford administrator Dean Tirien Steinbach’s remarks on March 9 at event featuring Fifth Circuit Judge Kyle Duncan Email to Stanford Law School from Dean Jenny Martinez Stanford apology letter to Judge Kyle Duncan Flyers protesting Stanford law event “​​Shouting down speakers is mob censorship” by Nadine Strossen and Greg Lukianoff Kalven Committee: Report on the university’s role in political and social action (University of Chicago report)   www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk  Facebook: https://www.facebook.com/sotospeakpodcast  Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org  

Ilya Shapiro joins the show to discuss the fireworks in the Fox/Dominion defamation lawsuit, his recent speaking appearance at the University of Denver, and his “cancel culture nightmare” at Georgetown University. Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute. He previously (and briefly) served as executive director and senior lecturer at the Georgetown Center for the Constitution and as a vice president at the Cato Institute. Shapiro will speak at FIRE’s gala celebration in NYC on April 18. Reserve your tickets now at this link. Show notes: Transcript “My cancel culture nightmare is over” by Ilya Shapiro “Ilya Shapiro resigns from Georgetown following reinstatement after 122-day investigation of tweets” (featuring Ilya’s resignation letter) Ilya’s Substack, Shapiro’s Gavel “Why the mental health of liberal girls sank first and fastest” by Jonathan Haidt www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org  

The seminal 1964 Supreme Court decision in New York Times v. Sullivan limited the ability of public officials to silence their critics by successfully suing them for defamation. Sullivan made “American public officials more accountable, the American media more watchful, and the American people better informed,” said William Rehnquist, the late Chief Justice of the Supreme Court. But Sullivan is increasingly under attack from politicians, activists, and even sitting Justices of the Supreme Court. They believe the decision went too far, enabling the news media and others to defame others with little-to-no consequence. On today’s show, we are joined by lawyers Floyd Abrams (Cahill Gordon & Reindel), JT Morris (FIRE), and Matthew Schafer (Fordham Law) to discuss New York Times v. Sullivan and its future. Show notes: Transcript  New York Times Co. v. Sullivan (1964) “Two Justices Say Supreme Court Should Reconsider Landmark Libel Decision” by Adam Liptak “How to Restore Balance to Libel Law” by Glenn Reynolds Florida HB 991, the anti-Sullivan bill Matthew Schafer’s tweet thread on Florida’s HB 991 “New York Times v. Sullivan and the Forgotten Session of the US Supreme Court” by Matthew Schafer “The Most Important Supreme Court Precedent for Freedom of the Press Is in Jeopardy” by Matthew Schafer and Jeff Kosseff   www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org

FIRE’s Will Creeley and Aaron Terr join the show to discuss Phoenix, Arizona’s unconstitutional “clean zone” for Super Bowl LVII, Chicago Mayor Lori Lightfoot’s effort to get public school students to volunteer for her re-election campaign, recent polling on how much people really know about the First Amendment (sadly, not much), and Indiegogo, Kickstarter, and Crowdfundr canceling fundraisers for comic books they deemed politically unacceptable.  We also provide an update on the Hamline University Muhammad art censorship case. Show notes: Transcript “Phoenix ordinance restricting signs during Super Bowl is offsides on the First Amendment” “Here’s why Chicago Mayor Lori Lightfoot can’t ask teachers to help her reelection campaign” “Indie-no-go: Popular crowdfunding sites cancel fundraisers for comic books about gender identity and the U.S.-Mexico border” “Do Americans know their rights? Survey says: No.” “Hamline Faculty vote 71-12 to urge president to step down after academic freedom scandal” www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org

What does the rise of artificial intelligence mean for the future of free speech and the First Amendment? Who is liable for what AI produces? Can you own a copyright for works produced by AI? Does AI itself violate intellectual property rights when it uses others’ information to generate content? What about that Morgan Freeman “deep fake”? And is ChatGPT going to make all of our jobs irrelevant? Show notes: Transcript Guests: Eugene Volokh, professor at UCLA School of Law David Greene, senior staff attorney and civil liberties director at the Electronic Frontier Foundation Alison Schary, partner at Davis Wright Tremaine www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org

A faculty member at Hamline University lost her job. Twelve staffers at the French satirical magazine Charlie Hebdo were murdered. And Salman Rushdie was repeatedly stabbed. All of them offended certain people’s religious sensitivities. On today’s show, we are joined by Amna Khalid and Michael Moynihan to discuss the risks and costs of teaching, talking, writing, and creating art about religion, particularly Islam. We also discuss the recent #TwitterFiles reporting. Amna Khalid is an associate professor of history at Carleton College and host of the podcast “Banished.” Michael Moynihan is a writer, reporter, and co-host of “The Fifth Column” podcast. Show notes: Transcript New York Times: “A Lecturer Showed a Painting of the Prophet Muhammad. She Lost Her Job.” by Vimal Patel The offending image “Most of All, I Am Offended as a Muslim” by Amna Khalid “Hamline Student Newspaper (the Oracle) Removed Published Defense of Lecturer Who Showed Painting of Muhammad” by Eugene Volokh “We must stand up to Iran’s threats to free speech” by FIRE’s Sarah McLaughlin (reflecting on the anniversary of the Charlie Hebdo attacks) “Capsule Summaries of all Twitter Files Threads to Date, With Links and a Glossary” by Matt Taibbi www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org

Do Ann Coulter’s words equal “violence”? Does Emerson College care more about not offending the Chinese Communist Party than protecting student free speech rights? And are faculty political litmus tests back in vogue? FIRE’s Alex Morey and Zach Greenberg join the show to discuss the latest in campus censorship. Please support this show by donating to FIRE before the end of the year: thefire.org/support Show notes: Transcript “San Diego State University: University senate adopts policy imposing DEI requirement in reappointment, tenure, and promotion review process” “University of Illinois at Urbana-Champaign: Faculty up for promotion and tenure must submit diversity, equity, and inclusion statements, affirm university views” “‘Your words are violence!’ Cornell students shout down Ann Coulter in latest heckler’s veto to roil campuses this semester” by Amanda Nordstrom “Penn State defends canceling controversial event over ‘threats of violence,’ as police stood by during assaults on students” by Aaron Corpora “UC Davis feces-flingers lose their shit over movie screening” by James Jordan “Emerson still ‘kinda sus’ on free speech — so we’ve alerted their accreditor” by Graham Piro “Arrest of student in Boston a grim reminder of the danger facing Chinese dissidents on campus” by Sarah McLaughlin “Tennessee Tech still investigating, enforcing event ban on LGBTQ+ and theater groups that hosted drag show” by Amanda Nordstrom “Federal court distorts First Amendment, upholds Tennessee Tech’s punishment of professors for ‘Game of Thrones’ parody flyers” by Zach Greenberg www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org

Hot on the heels of oral argument in 303 Creative LLC v. Elenis, FIRE’s Ronnie London and David Hudson join the show to discuss the case, as well as other high profile free speech cases at the Supreme Court this year. Show notes: Transcript Watch the video of the podcast conversation 303 Creative LLC v. Elenis Shurtleff v. City of Boston  Kennedy v. Bremerton School District Gonzalez v. Google LLC Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith Jack Daniel’s Properties, Inc. v. VIP Products LLC www.sotospeakpodcast.com YouTube: https://www.youtube.com/thefireorg Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org

FIRE’s new Director of Public Advocacy Aaron Terr and the Cato Institute’s Will Duffield join the show to discuss a slew of recent free speech news. California gets it right on rap lyrics but wrong on coronavirus misinformation. One Texas school district repeatedly ventures into book banning. LeBron James spreads “hate speech” misinformation. Is government “jawboning” censorship? And, yes, Elon Musk . . . again. Show notes: Transcript  Watch the video of the podcast conversation “VICTORY: After FIRE lawsuit, court halts enforcement of key provisions of the Stop WOKE Act limiting how Florida professors can teach about race, sex” “Jawboning against Speech: How Government Bullying Shapes the Rules of Social Media,” by Will Duffield “Fact Sheet: Texas School District Bans 'Gender Fluidity' from Library Shelves” “California Restricts Use of Rap Lyrics in Criminal Trials After Gov. Newsom Signs Bill,” “The ACLU Says California's Ban on COVID-19 ‘Misinformation’ From Doctors Is Gratuitous and Unconstitutional,” LeBron James, via Twitter: “So many damn unfit people saying hate speech is free speech.” “Markey fires back after Musk mocks his Twitter complaint” “Biden asked whether Elon Musk is ‘threat’ to national security, says relationships ‘worth being looked at’” www.sotospeakpodcast.com YouTube: https://www.youtube.com/thefireorg Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org

FIRE’s Will Creeley and Aaron Terr join the show to discuss a slew of recent free speech news: What do we make of Elon Musk buying Twitter? Is PayPal fining its users $2,500 for promoting “misinformation”? Is New York trying to destroy Twitch? And do public employees in Charlottesville, Va., need to shut their mouths to keep their jobs? Also, how’s FIRE’s off-campus expansion going? Show notes: Transcript Open letter to Elon Musk from Greg Lukianoff on preserving free expression on social media “Elon Musk’s business ties deserve more scrutiny” by Matt Yglesias “Welcome to geriatric social media” by Charlie Warzel “Silicon Values: The future of free speech under surveillance capitalism” by Jillian C. York “PayPal is no pal to free expression” by Aaron Terr “Did PayPal reverse course on proposed speech-chilling policies?” by Aaron Terr “Did PayPal quietly bring back its financial penalty for spreading ‘misinformation’?” by Aaron Terr “The Internet Is Not Facebook: Why Infrastructure Providers Should Stay Out of Content Policing” by Corynne McSherry and Jillian C. York New York attorney general report on the Buffalo shooting, social media, and livestreaming  “City’s new policy wrongly muzzles employees” by Will Creeley www.sotospeakpodcast.com YouTube: https://www.youtube.com/c/SotoSpeakTheFreeSpeechPodcast Twitter: https://www.twitter.com/freespeechtalk Facebook: https://www.facebook.com/sotospeakpodcast Instagram: https://www.instagram.com/freespeechtalk/ Email us: sotospeak@thefire.org