So To Speak: The Free Speech Podcast

The Constitution grants Congress the power “[t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” However, figuring out how Congress actually does this can be confusing. Copyrights, trademarks, patents, trade secrets, fair use? What do they all mean? Today’s episode of So to Speak is all about simplifying intellectual property law for you — and explaining why free speech advocates should care about it. We are joined by FIRE Program Officer Adam Goldstein, who helps us break it all down. A video of this interview can be found on FIRE’s YouTube channel. Podcast transcript. Adam’s recommended additional reading: The Pre-History of Fair Use by Matthew Sag ‘The Wind Done Gone’ on Trial (transcript) ‘Exploring the Bounds of Fair Use: Graham v. Prince’ by Ayesha Syed www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.face

On today’s episode of So to Speak, we are joined by Williams College Professor of Biology Luana Maroja. Professor Maroja’s experience growing up under a dictatorship in Brazil led her to become an outspoken advocate for free speech at Williams College and a skeptic of the idea that words are violence. Show notes: Podcast transcript Relevant writings from Professor Maroja: “Freedom of speech at Williams College: Are the walls closing in?” “Standing with the free exchange of ideas: Understanding the Faculty Petition and the Chicago Statement” “In support of free speech: What we can learn from exposure to multiple ideas” “Refuting claims of institutional violence: Analyzing evidence of racism at the College” www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Wen Fa, an attorney with the Pacific Legal Foundation who regularly litigates free speech cases. One of his most high-profile cases was the 2018 Supreme Court case Minnesota Voters Alliance v. Mansky, dealing with a polling-place dress code in Minnesota. Show notes: Minnesota Voters Alliance v. Mansky Ostrewich v. Trautman Kotler v. Webb www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: [email protected]

“I saw the best minds of my generation destroyed by madness.” So begins Allen Ginsberg’s famous poem “Howl.” You might be familiar with Allen Ginsberg. You might be familiar with the poem. But chances are you don’t know about the efforts in San Francisco in 1957 to censor the poem. On today’s episode of So to Speak, we discuss those efforts with distinguished First Amendment scholar and recurring So to Speak guest Ronald K.L. Collins. He is the co-author, with David M. Skover, of the new book, “The People v. Ferlinghetti: The Fight to Publish Allen Ginsberg’s HOWL,” which recounts the story behind the publication of “Howl” and the courageous fight against its censorship. Show notes: Video of this podcast conversation “Howl” by Allen Ginsberg Allen Ginsberg reads “Howl,” (Big Table Chicago Reading, 1959) “The People v. Ferlinghetti: The Fight to Publish Allen Ginsberg’s HOWL” Ronald K.L. Collins’ First Amendment News www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like

On today’s episode of So to Speak, we sit down with Cato Institute Senior Fellow Mustafa Akyol to discuss threats to freedom of thought and expression around the world, with a particular focus on situations in Turkey and China. Akyol has been described by CNN’s Fareed Zakaria as “Turkey’s finest political analyst.” Prior to joining Cato, he was a senior fellow at The Freedom Project at Wellesley College, where he learned a thing or two about illiberalism in America. He is also a regular contributing opinion writer for The New York Times. Show notes: Podcast transcript Bios and bibliographies: http://www.mustafaakyol.org/, https://www.cato.org/people/mustafa-akyol, https://www.nytimes.com/column/mustafa-akyol FIRE Investigates: An (il)liberal arts education at Wellesley College “China’s Gulag for Muslims” “One Month, 500,000 Face Scans: How China is Using A.I. to Profile a Minority” “The New Gulag Archipelago: How China “Reeducates” the Uyghurs and Why the World Should Be Alarmed” (Video of Cato Institute pa

On today’s episode of So to Speak, we ask the question, “can free speech be progressive?” Our guest is Louis Michael Seidman. He is the Carmack Waterhouse Professor of Constitutional Law at Georgetown Law and the author of the much-discussed 2018 Columbia Law Review article “Can Free Speech Be Progressive?” Click here for a transcript of the podcast. www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today’s episode of So to Speak: The Free Speech Podcast, we speak with Techdirt.com founder and editor Mike Masnick. Since founding Techdirt in 1997, Masnick has written nearly 50,000 blog posts for the publication and covered many of tech’s hottest free speech controversies. He even coined the phrase “Streisand Effect.” In this conversation, we discuss some of the issues Masnick has recently written about for Techdirt, including defamation lawsuits and content moderation. We also ask Mike about the founding of Techdirt, the culture for free speech in Silicon Valley, the fear surrounding new technologies, and, of course, the story behind the Streisand Effect. www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

On today’s episode of So to Speak: The Free Speech Podcast, FIRE staffers discuss our 2019 list of the 10 Worst Colleges for Free Speech. Participants in this show are: Nico Perrino, host of So to Speak, director of communications Will Creeley, senior vice president of legal and public advocacy Adam Steinbaugh, director of FIRE’s Individual Rights Defense Program Sarah McLaughlin, senior program officer for legal and public advocacy www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

Former Federal Election Commission Chairman Bradley A. Smith is perhaps best known for opposing many campaign finance regulations on First Amendment grounds. On today’s episode of So to Speak: The Free Speech Podcast, we talk with the former chairman about how political campaign activity is regulated in America and how this regulation implicates the First Amendment. We also explore some of today’s hot-button campaign finance controversies. Smith is a professor of law at Capital University Law School in Columbus, Ohio. From 2000 until 2005, he served as a FEC commissioner. He was FEC chairman in 2004 and vice chairman in 2003. In 2005, Smith founded the Center for Competitive Politics, now known as the Institute for Free Speech. Show notes: Podcast transcript Cases: Buckley v. Valeo (1976), Randall v. Sorrell (2006) Citizens United v. Federal Election Commission (2010), Speechnow.org v. FEC (2010), McCutcheon v. Federal Election Commission (2014) Timeline: The history of campaign finance regulation Faul

On today’s episode of So to Speak: The Free Speech Podcast, we speak with Rutgers Law School Professor Carlos Ball about his book, “The First Amendment and LGBT Equality: A Contentious History.” During this conversation, we explore the history of how LGBT activists utilized the First Amendment to secure their rights, why Professor Ball considers that history “contentious,” and how debates surrounding liberty and equality have roiled America for over a century and continue to drive conversations about LGBT rights today. Show notes: Podcast transcript The First Amendment and LGBT Equality: A Contentious History Cases: Roth v. United States (1957), One, Inc. v. Olesen (1958), Manual Enterprises, Inc. v. Day, Postmaster General (1962), Bowers v. Hardwick (1986), Romer v. Evans (1996), Boy Scouts of America v. Dale (2000), CLS v. Martinez (2010), Obergefell v. Hodges (2015), Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) Relevant past podcasts: Debating Masterpiece Cakeshop v. Colorado Civ

On today’s episode of So to Speak: The Free Speech Podcast, we are joined by four members of FIRE’s staff to discuss the latest campus free speech news, including two new FIRE initiatives to tackle art censorship and restrictions on free speech and academic freedom abroad. Participants in this show are: Nico Perrino, host of So to Speak, director of communications Will Creeley, senior vice president of legal and public advocacy Adam Steinbaugh, director of FIRE’s Individual Rights Defense Program Marieke Tuthill Beck-Coon, director of litigation Sarah McLaughlin, senior program officer for legal and public advocacy Show notes: YouTube video link: https://www.youtu.be/AKkL7nICtG8 Chicago State to rewrite policies, pay $650,000 to settle professors’ First Amendment lawsuit Whistleblowers on campus: The fight for free speech and academic freedom (VIDEO) Nine years later, UCLA complains — again — about online critic Speech rights of 150,000 students to be restored as Los Angeles Community College District set

Her journey started with wearing a black armband to school and proceeded to the landmark United States Supreme Court case Tinker v. Des Moines Independent School District (1969). But it by no means stopped there: Mary Beth Tinker, namesake of the “Tinker” decision, continues to be a free speech icon.   On today’s episode of So to Speak: The Free Speech Podcast, we share with you an unabridged version of a 2016 conversation between Tinker and attorney Robert Corn-Revere, in which Tinker sheds light on her case and the state of student speech rights nearly 50 years later. Show notes: Podcast transcript Abridged video of the conversation Tinker v. Des Moines Independent School District (1969) The picture of a young Mary Beth Tinker with her mother and father, as described in the episode Past podcasts with Robert Corn-Revere: Free speech at the U.S. Supreme Court, Censorship: the ‘bastard child of technology’, Masterpiece Cakeshop v. Colorado Civil Rights Commission debate www.sotospeakpodcast.com Follow

Against ‘Free Speech’ with Anthony Leaker What does it mean to be “against ‘free speech?’” On today’s episode of So to Speak: The Free Speech Podcast, we speak with Anthony Leaker. Earlier this year he wrote an essay for Cato Unbound called “Against ‘Free Speech’,” in which he professes skepticism of the prevailing free speech narrative in the West and argues that it is often used as a Trojan Horse for far-right wing and fascist propaganda. Leaker is a principal lecturer in cultural and critical theory at the University of Brighton in England. Show notes: Podcast transcript Against “Free Speech” by Anthony Leaker Cato Unbound, June 2018: Free Speech in International Perspective www.sotospeakpodcast.com Follow us on Twitter: http://www.twitter.com/freespeechtalk Like us on Facebook: http://www.facebook.com/sotospeakpodcast Email us: [email protected]

Has every fact we’ve ever known undergone revision or reversal? It’s a provocative and consequential idea, and one that complexity scientist Samuel Arbesman argues has some truth to it — even if he wouldn’t state it that strongly. On today’s episode of So to Speak: The Free Speech Podcast, we talk with Arbesman about his 2012 book, The Half-Life of Facts: Why Everything We Know Has an Expiration Date. If facts about our world are constantly shifting, shouldn’t the protection of free speech — the right to openly question the world and all we believe about it — become even more critical? We explore what, if any, implications Arbesman’s argument has for those who care about free speech and open inquiry. Show notes: Podcast transcript http://www.Arbesman.net “World citation and collaboration networks: uncovering the role of geography in science” “Non-compete Agreements: Barriers to Entry … and Exit?” “How a Copyright Mistake Created the Modern Zombie” “Undiscovered Public Knowledge” by Don R. Swanson www.s

Zachary Wood has become comfortable with uncomfortable conversations. He’s engaged in them his entire life — with his mom who suffers from schizoaffective disorder, with his neighbors in Washington, D.C.’s impoverished Ward 8 community, and with his friends at the elite private high school he commuted four hours round trip to each day. So when Wood arrived at Williams College in 2014, he was prepared for the uncomfortable learning that comes along with uncomfortable conversations about the world’s most important and controversial issues. Unfortunately, he was quick to learn not everyone was up for the challenge — including his college president. On today’s episode of So to Speak: The Free Speech Podcast, we talk with Wood about his new memoir, Uncensored: My Life and Uncomfortable Conversations at the Intersection of Black and White America. Show notes: Podcast transcript Randall Kennedy So to Speak podcast “Williams College Bars ‘Uncomfortable Learning’ Speaker from Campus, Declares ‘Hate Speech’ Too Unco

“Words are weapons in the world’s most lyrical sport.” That’s how competitive battle rap is described by the makers of “Bodied,” a new satirical film produced by Eminem about a college student who decides to write a thesis paper on battle rap and through a twist of fate finds himself becoming a prodigy in the sport. On today’s episode of So to Speak: The Free Speech Podcast, we speak with“Bodied” director Joseph Kahn. Kahn is a filmmaker and Grammy-award winning music video director, who has directed videos for Taylor Swift, Imagine Dragons, Blink 182, Britney Spears, Maroon 5, and many other best-selling artists. Kahn describes himself as a free speech absolutist. During the course of this conversation, we unpack what that means and take a look at the free speech interests in his new, controversial film. Show notes: Joseph Kahn podcast transcript Bodied movie trailer: https://youtube.com/watch?v=oUry7CpMpCE Bodied is in theaters now and will be available on YouTube Premium on Nov. 28 BodiedMovie.com Joseph

On today’s episode of So to Speak: The Free Speech Podcast, we discuss how decision-making, “information liquidity,” and luck fit into our daily lives — and how a solid understanding of these concepts can point to an underappreciated benefit of free expression. Our guest is Annie Duke. She is a decision strategist, renowned poker player, and author of Thinking in Bets: Making Smarter Decisions When You Don’t Have All the Facts. Duke won more than $4 million in tournament poker during her career, and in 2004 she won the World Series of Poker Tournament of Champions. Show notes: Podcast transcript AnnieDuke.com Thinking in Bets: Making Smarter Decisions When You Don’t Have All the Facts Friedrich Hayek’s “The Use of Knowledge in Society” www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: [email protected]

On today’s episode of So to Speak: The Free Speech Podcast, we speak with Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University. Jaffer and the Knight Institute seek to defend “the freedoms of speech and the press in the digital era through strategic litigation, research, and public education.” Show notes: Podcast transcript Knight First Amendment Institute website Clapper v. Amnesty International, the U.S. Supreme Court case Jaffer argued challenging the constitutionality of the Foreign Intelligence Surveillance Act. So to Speak podcast with Glenn Greenwald on free speech and privacy Knight Institute v. Trump, the Knight Institute’s legal challenge to President Donald Trump’s blocking of critics on Twitter. “Knight Institute calls on Facebook to lift restrictions on digital journalism and research” www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: [email protected]

On today’s episode of So to Speak: The Free Speech Podcast, we partner with the First Amendment Salon to present a conversation between former Solicitor General of the United States Donald B. Verrilli Jr. and University of Washington School of Law scholar Ronald Collins. Verrilli was solicitor general of the United States from June 2011 to June 2016 and during that time he argued dozens of cases in front of the U.S. Supreme Court, including many First Amendment cases. He is now a partner with Munger, Tolles & Olson, and the founder of its Washington, D.C. office. During this conversation, Verrilli and Collins discuss Verrilli’s advocacy in front of the Supreme Court on First Amendment cases and beyond. Verrilli also provides his take on the future of the court. The First Amendment Salon is a quarterly gathering of members of the First Amendment community for a 90-minute discussion with leading thinkers concerning a timely topic related to freedom of expression.A video version of this and past First Amen

There are very few exceptions to the First Amendment, and a “true threat” is one of them. But defining a true threat isn’t easy. Ever since the U.S. Supreme Court first examined true threats in the 1969 case Watts v. United States, it’s been a messy doctrine. The court didn’t provide a definition of a true threat until many years after Watts, and even then questions still remained. On today’s episode of So to Speak: The Free Speech Podcast, we discuss the true threats doctrine with First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr. He is the author of an ABA Journal article about true threats titled “When do rants exceed First Amendment boundaries and become true threats?” Also, don’t miss Hudson tell the story of many important student free speech court cases as part of our “FIRE Starter” video series. You can watch the short videos on FIRE’s YouTube channel at YouTube.com/theFIREorg. www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.c