So to Speak: The Free Speech Podcast

In the last episode of the “So to Speak” podcast, we traced the dramatic story of free speech in the United States from colonial America to the abolitionists' campaign to abolish slavery. In this week’s episode, we pick up where we left off and explore the complicated history and legacy of civil liberties during the American Civil War. Professor and author Joseph R. Fornieri and FIRE Chief Counsel Robert Corn-Revere join the show this week to unpack Abraham Lincoln’s justifications for suspending civil liberties and the important lesson that, in war, civil liberties can be hard to uphold, and our rights can be difficult to defend.  Show notes: Transcript “Fateful Lightning: A New History of the Civil War and Reconstruction” by Allen Guelzo “Lincoln’s First Amendment Record” by Eve Errickson (The Lincoln Cottage) “The Fate of Liberty: Abraham Lincoln and Civil Liberties” by Mark E. Neeley, Jr. “All the Laws but One: Civil Liberties in Wartime” by William H. Rehnquist “Did Abraham Lincoln Exceed His Presidential Powers during the Civil War?” (The Bill of Rights Institute) “Lincoln and Civil Liberties” (The Gilder-Lehrman Institute)  Join FIRE on July 20th at 3:00 PM EST for a special live-streamed episode of the "So to Speak" podcast about the Supreme Court's free speech decisions from this past term.  Hear from FIRE’s Darpana Sheth, Bob Corn-Revere, and Ronnie London on what these decisions mean for free expression, (and maybe even for you), and ask the panel anywhatever burning questions you may have.  You can register here. 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

Last Constitution Day, we traced the origins of free speech in the United States from colonial America to the ratification of the Bill of Rights in 1791. In this episode, we jump forward to the antebellum period, where abolitionists such as Frederick Douglass, John Quincy Adams, William Lloyd Garrison, and Angelina Grimké clashed with pro-slavery advocates over the monumental issue of slavery. Journalist and author Damon Root, FIRE Senior Fellow Jacob Mchangama, and Washington and Lee University professor Lucas Morel join the show this week to explore how free speech and the free press became the essential tools in the abolitionists’ campaign for freedom.  Show notes: Transcript “Free Speech: A History from Socrates to Social Media” by Jacob Mchangama “Glorious Liberty: Frederick Douglass and the Fight for an Anti-Slavery Constitution” by Damon Root “Speaking the Truth” by Lucas Morel (Persuasion) “A Plea for Free Speech in Boston” by Federick Douglass (National Constitution Center) “Frederick Douglass” (The First Amendment Encyclopedia) “What to the Slave is the Fourth of July?” by Frederick Douglass (Teaching American History) “With the Freedom of Speech, the Responsibility to Listen” (Ford Foundation)   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

Nico knows very little about punk rock. On today’s show, Reason magazine’s Nick Gillespie and FIRE Vice President of Communications Matt Harwood do their best to explain to Nico why he and other free speech advocates should care about punk rock.  Transcript:  https://www.thefire.org/research-learn/so-speak-podcast-transcript-why-should-we-care-about-punk-rock 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  

Winning in the court of public opinion is hard. On today’s show, Ewing School founder Bob Ewing shares communications strategies that anyone — including free speech advocates — can use to win in the marketplace of ideas. Prior to founding the Ewing School, Bob was director of communications for the Institute for Justice and pioneered a communications training program for the Mercatus Center at George Mason University. Bob is also the author of the Talking Big Ideas Substack, which Nico highly recommends. Bob first shared his ideas on effective communication with host Nico Perrino over lunch in May 2013. Some of those ideas went on to shape FIRE’s communications strategy for the next decade. Transcript: https://www.thefire.org/research-learn/so-speak-podcast-transcript-how-make-winning-free-speech-argument 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

On April 18, Fox News agreed to pay Dominion Voting Systems $787.5 million to settle a defamation lawsuit stemming from allegations of voter fraud in the 2020 presidential election. The historic settlement came just before the trial was set to begin in a case many saw as having significant First Amendment implications. In this exclusive conversation, attorneys for Fox and Dominion join First Amendment attorney Lee Levine to reflect on what led to the case, its outcome, and the arguments they would have made had the case gone to trial.  Tom Clare is a founding partner of Clare Locke LLP and was counsel to Dominion. Dan Webb is co-executive chairman of Winston & Strawn and was counsel for Fox News. The conversation was organized and presented by The First Amendment Salon on Tuesday, May 9. Show notes: Transcript Video of the conversation   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  

Rocking their tuxedos in preparation for the 2023 FIRE gala in New York City, Host Nico Perrino speaks with rapper and free speech advocate Killer Mike about his journey toward learning the value of free expression. They also discuss the importance of free speech in American history, the value of engaging and arguing with those who disagree with us, why free speech was critical to gaining racial equality, defending rappers and artists being prosecuted for their lyrics, and why polarization is more dangerous than anything anybody can say. The interview is followed by Killer Mike’s keynote speech. Watch Killer Mike's keynote speech at the 2023 FIRE Gala in New York City: https://youtu.be/OBuXYtmQ8mw 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    

Does music censorship still happen in America? Is “sex, drugs, and rock ‘n’ roll” dead? Is transgression in art and culture celebrated anymore (or was it ever)? From Beyonce and Taylor Swift to Ozzy Osbourne and Robin Thicke, SPIN magazine founder Bob Guccione Jr. and Reason magazine Editor at Large Nick Gillespie join a lively discussion of our current moment in pop culture. Bob also shares some war stories from his fight against the Parents Music Resource Center in the 1980s. Transcript: https://www.thefire.org/research-learn/so-speak-podcast-transcript-sex-drugs-and-free-speech 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’s going on in Florida? Host Nico Perrino and his FIRE colleagues break down the latest efforts to censor speech in the Sunshine State. Show notes: Transcript “VICTORY: After FIRE lawsuit, court halts enforcement of key provisions of the Stop WOKE Act limiting how Florida professors can teach about race, sex” “Thought the ‘Stop WOKE Act’ was bad? A new Florida bill is worse” “Unconstitutional and un-American, Senate Bill 1316 would force bloggers who criticize the government to register with the state” “Florida bill attacking NYT v. Sullivan would ‘spell disaster’ for free speech” Miami Herald: “Florida undercover agents reported no ‘lewd acts’ at drag show targeted by DeSantis” by Nicholas Nehamas and Ana Ceballos   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  

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