So To Speak: The Free Speech Podcast

Heather Mac Donald discusses the Trump administration’s free speech record amidst its battles with higher ed, mainstream media, law firms, and more. Mac Donald is Thomas W. Smith Fellow at the Manhattan Institute. Her most recent book is “When race trumps merit: How the pursuit of equity sacrifices excellence, destroys beauty, and threatens lives.” Timestamps:  00:00 Intro 01:54 Mac Donald’s personal experience with being shouted down 05:34 Amy Wax, Carole Hooven, and other cancelled professors 11:04 Mac Donald’s support and concern on Trump’s free speech approach 23:41 Rümeysa Öztürk situation 32:08 The problems of campus bureaucracy 36:40 Trump’s executive orders on law firms 43:14 Trump’s attacks on AP News, CBS, ABC, Paramount, and other media companies 59:54 Outro Read the transcript. Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access t

The co-authors of “The Canceling of the American Mind” discuss its new paperback release and where cancel culture stands a year and a half after the book’s original publication. - Greg Lukianoff —  President and CEO of FIRE Co-author of "The Canceling of the American Mind" - Rikki Schlott —  New York Post columnist  Co-author of "The Canceling of the American Mind" Timestamps:  00:00 Intro 04:35 Origin of book 07:56 Definition of cancel culture 17:55 Mike Adams, canceled professor 23:51 Alexi McCammond, former Teen Vogue editor-in-chief 31:57 Echo chambers on social media 35:09 Trump administration ‘canceling’ law firms and higher ed institutions 44:02 Rikki’s libertarian political identity  51:02 Is cancel culture dead? 54:26 Outro Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, ple

Our guests today signed onto a statement by a group of 18 law professors who opposed the Trump administration’s funding threats at Columbia on free speech and academic freedom grounds.  Since then, Northwestern, Cornell, Princeton, Harvard, and nearly 60 other colleges and universities are under investigation with their funding hanging in the balance, allegedly for violations of civil rights law.  To help us understand the funding threats, Harvard’s recent lawsuit against the federal government, and where universities go from here are: - David Rabban — distinguished teaching professor at The University of Texas at Austin School of Law - Erwin Chemerinsky — distinguished professor of law and dean at UC Berkeley Law Timestamps:  00:00 Intro 02:50 Govt’s approach with Harvard and Columbia 05:39 Title VI violations 11:30 Anti-Semitism on campuses 23:02 Viewpoint diversity in higher education 27:12 Affirmative action and the Supreme Court 35:52 Title IX under the Obama and Biden administrations 42:32 Bob Jones Un

We travel from America to Europe, Russia, China, and more places to answer the question: Is there a global free speech recession?  Guests: - Sarah McLaughlin: FIRE senior scholar, global expression - James Kirchick: FIRE senior fellow - Jacob Mchangama: FIRE senior fellow Timestamps:  00:00 Intro 03:52 Free speech global surveys 07:49 Freedom of expression deteriorating 11:43 Misinformation and disinformation 18:05 Russian state-sponsored media 24:55 Europe’s Digital Services Act 29:26 Chinese censorship 34:33 Radio Free Europe 54:57 Mohammad cartoons 01:04:14 Outro Read the transcript here. Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected]. Show notes: - Authoritarians in the academy: How the internationalization of higher education and borderless censorship t

We explore how censorship is impacting institutions — from universities to law firms to the Maine House of Representatives. Timestamps:  00:00 Intro 01:40 Federal government cuts Columbia’s funding 16:57 Updates on the Mahmoud Khalil case 27:01 Ed Martin’s Georgetown letter 34:59 Trump targeting law firms 55:01 Maine House censure of Rep. Laurel Libby 01:03:37 Outro Guests: - Will Creeley, FIRE’s legal director - Conor Fitzpatrick, FIRE’s supervising senior attorney - Lindsie Rank, FIRE’s director of campus rights advocacy  Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected]. Show notes: - “DOJ, HHS, ED, and GSA announce initial cancelation of grants and contracts to Columbia University worth $400 million” U.S. Department of Justice (2025) - HHS, ED, and GSA follow

First Amendment lawyer Marc Randazza and immigration lawyer Jeffrey Rubin join the show to discuss the arrest, detention, and possible deportation of green card holder Mahmoud Khalil. Timestamps:  00:00 Intro 00:53 Latest updates on Khalil 02:51 First Amendment implications 06:08 Legal perspectives on deportation 11:54 Chilling effects on free expression 21:06 Constitutional rights for non-citizens 24:03 The intersection of free speech and immigration law 27:02 Broader implication of immigration policies 37:51 Outro Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected]. Show notes: - “​​We will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.” Secretary of State Marco Rubio via X (2025) - “‘ICE proudly apprehended and

Does a cat stand on two legs or four?  The answer to that question may tell you all you need to know about the government involving itself in social media content moderation. On today’s show, we cover the latest tech policy developments involving the Federal Communications Commission, Federal Trade Commission, AI regulation, and more.   Guests: - Ari Cohn, FIRE’s lead counsel, tech policy. - Adam Thierer, a resident technology and innovation senior fellow at the R Street Institute   - Jennifer Huddleston, a technology policy senior fellow at the CATO Institute   Timestamps: 00:00 Intro 01:30 Section 230 06:55 FCC and Section 230 14:32 Brendan Carr and “faith-based programming” 28:24 Media companies’ settlements with the Trump 30:24 Brendan Carr at Semafor event 38:37 FTC and social media companies 48:09 AI regulations 01:03:43 Outro   Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation t

From JD Vance’s free speech critique of Europe to the Trump administration barring the Associated Press from the Oval Office, free speech news is buzzing. General Counsel Ronnie London and Chief Counsel Bob Corn-Revere unpack the latest developments.  Timestamps:  00:00 Intro 01:49 JD Vance’s speech in Europe 13:27 Margaret Brennan’s comment on the Holocaust 15:13 Weimar fallacy 17:36 Trump admin v. Associated Press 21:33 DEI executive order 27:39 Trump’s lawsuits targeting the media 28:54 FIRE defending Iowa pollster Ann Selzer 32:29 Concerns about the FCC under Brendan Carr 44:09 2004 Super Bowl and the FCC 46:25 FCC’s history of using the “Section 230 threat” 49:14 Newsguard and the FCC 54:48 Elon Musk and doxxing 59:44 Foreigners and the First Amendment 01:05:19 Outro Enjoy listening to our podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid s

Over the years, elite institutions shifted from fostering open debate to enforcing ideological conformity. But as guest Ilya Shapiro puts it, “the pendulum is swinging back.” He shares his firsthand experience with cancel culture and how the American Bar Association’s policies influence legal education. Shapiro also opines on major free speech cases before the Supreme Court, including the TikTok ownership battle and Texas’ age verification law for adult content. 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. His latest book, “Lawless: The Miseducation of America’s Elites,” is out now. Enjoy listening to our podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like a

The University of Chicago is known for its commitment to free speech and academic freedom. Why are these values important to the university? Where do they originate? And how do they help administrators navigate conflicts and controversies? Tony Banout and Tom Ginsburg direct the University of Chicago’s Forum for Free Inquiry and Expression, which received a $100 million gift last year. They are also editors of “The Chicago Canon on Free Inquiry and Expression,” a new book that collects foundational texts that inform the university’s free speech tradition. Enjoy listening to our podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected]. Read the transcript. Timestamps:  00:00 Intro 03:31 Origin of book 07:14 UChicago’s founding principles 12:41 Free speech in a university context 19:17 2015 UC

Is the free speech conversation too simplistic?  Peter Ives thinks so. He is the author of “Rethinking Free Speech,” a new book that seeks to provide a more nuanced analysis of the free speech debate within various domains, from government to campus to social media. Ives is a professor of political science at the University of Winnipeg. He researches and writes on the politics of “global English," bridging the disciplines of language policy, political theory, and the influential ideas of Antonio Gramsci. Enjoying our podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected]. Read the transcript. Timestamps:  00:00 Intro 02:25 The Harper’s Letter 05:18 Neil Young vs. Joe Rogan 08:15 Free speech culture 09:53 John Stuart Mill 12:53 Alexander Meiklejohn 17:05 Ives’s critique of Jacob Mchangama’s

FIRE staffers take your questions on the TikTok ban, mandatory DEI statements, the Kids Online Safety Act, Trump vs. the media, and more. Joining us: Ari Cohn, lead counsel for tech policy Robert Shibley, special counsel for campus advocacy Will Creeley, legal director This webinar was open to the public. Future monthly FIRE Member Webinars will not be. Become a paid subscriber today to receive invitations to future live webinars. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected]. Timestamps: 00:00 Intro 00:52 Donate to FIRE! 02:49 TikTok ban 10:01 Ari’s work as tech policy lead counsel 12:03 Mandatory DEI statements at universities 15:19 How does FIRE address forced speech? 18:17 Texas’ age verification law 24:35 Would government social media bans for minors be a First Amendment violation? 33:48 Online age verification 35:17 First Amendment violations while making public comments d

“Who controls what is taught in American universities — professors or politicians?” Yale Law professor Keith Whittington answers this timely question and more in his new book, “You Can’t Teach That! The Battle over University Classrooms.” He joins the podcast to discuss the history of academic freedom, the difference between intramural and extramural speech, and why there is a “weaponization” of intellectual diversity. Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law. Read the transcript. Timestamps:  00:00 Intro 02:00 The genesis of Yale’s Center for Academic Freedom and Free Speech 04:42 The inspiration behind “You Can’t Teach That!” 06:18 The First Amendment and academic freedom 09:29 Extramural speech and the public sphere 17:56 Intramural speech and its complexities 23:13 Florida’s Stop WOKE A

Woodrow Wilson or Franklin D. Roosevelt: which president was worse for free speech? In August, FIRE posted a viral X thread, arguing that Woodrow Wilson may be America’s worst-ever president for free speech. Despite the growing recognition of Wilson’s censorship, there was a professor who wrote a recent book on FDR’s free speech record, arguing that FDR was worse.  Representing the Wilson side in our discussion is Christopher Cox, author of the new book, “Woodrow Wilson: The Light Withdrawn.” Cox is a former member of the House of Representatives, where he served for 17 years, including as chair of the Homeland Security Committee. He is currently a senior scholar in residence at the University of California, Irvine.  Representing the FDR side is professor David T. Beito, a Research Fellow at the Independent Institute and Professor Emeritus at the University of Alabama. He is the author of a number of books, his latest being “The New Deal’s War on the Bill of Rights: The Untold Story of FDR's Concentration Cam

Ayaan Hirsi Ali grew up in a culture of conformity. She was beaten and mutilated. She was told who she must marry. Eventually, she rebelled. “You don’t speak up at first,” she told us. “First you leave and you find a place of safety. It’s only after that experience that it occurred to me to speak up about anything.” Hirsi Ali is a human rights activist, a research fellow at the Hoover Institution, the founder of the AHA Foundation, and the host of the Ayaan Hirsi Ali Podcast. She is also the best-selling author of a number of books, including “Infidel,” “Nomad,” “Heretic,” and, “Prey.” Her latest initiative is Courage Media, which describes itself as a space for courageous conversations.  Read the transcript. Timestamps:  00:00 Intro 04:36 Conformity and its consequences 09:03 Islam and free speech 16:38 Immigration and the clash of civilizations 26:03 Censorship and decline in higher education 34:14 Cost of criticism and finding one’s voice 37:20 Hope for the future 43:58 Outro Show notes: “Submission.” A

In this live recording of “So to Speak” at the First Amendment Lawyers Association meeting, Samir Jain, Andy Phillips, and Benjamin Wittes discuss the legal questions surrounding free speech and artificial intelligence. Samir Jain is the vice president of policy at the Center for Democracy and Technology. Andy Phillips is the managing partner and co-founder at the law firm Meier Watkins Philips and Pusch. Benjamin Wittes is a senior fellow in governance studies at the Brookings Institution and co-founder and editor-in-chief of Lawfare. Read the transcript. Timestamps:  00:00 Intro 01:54 The nature of AI models 07:43 Liability for AI-generated content 15:44 Copyright and AI training datasets 18:45 Deepfakes and misinformation 26:05 Mandatory disclosure and AI watermarking 29:43 AI as a revolutionary technology 36:55 Early regulation of AI  38:39 Audience Q&A 01:09:29 Outro Show notes: -Court cases: Moody v. NetChoice (2023) The New York Times Company v. Microsoft Corporation, et al (2023) Millet

The FIRE team debates the proposition: Should there be any categories of unprotected speech? General Counsel Ronnie London and Chief Counsel Bob Corn-Revere go through each category of speech falling outside First Amendment protection to decide whether it should remain unprotected or if it’s time to “remove an arrow from the government’s quiver.” Read the transcript. Timestamps:  00:00 Intro 17:59 Obscenity 21:20 Child pornography 25:25 Fighting words 32:36 Defamation 41:22 Incitement to imminent lawless action 52:07 True threats 56:30 False advertising and hate speech 01:02:50 Outro Show notes: -Court cases: Schenck v. United States (1919) Near v. Minnesota Ex Rel. Olson, County Attorney (1931) Chaplinsky v. New Hampshire (1942) Roth v. United States (1957) Miller v. California (1973) R.A.V. v. City of St. Paul, Minnesota (1992) Counterman v. Colorado (2023) Brandenburg v. Ohio (1969) New York Times Co. v. Sullivan (1964) Virginia v. Barry Elton Black, Richard J. Elliot, and Jonatha

The FIRE team discusses Tim Walz’s controversial comments on hate speech and “shouting fire in a crowded theater.” We also examine California’s AI deepfake laws, the punishment of tenured professors, and mask bans.   Joining us are: Aaron Terr, FIRE’s director of Public Advocacy; Connor Murnane, FIRE’s Campus Advocacy chief of staff; and Adam Goldstein, FIRE’s vice president of strategic initiatives.   Read the transcript.   Timestamps: 00:00 Intro 01:51 Tim Walz’s comments on hate speech and “shouting fire” 15:36 California’s AI deepfake laws 32:05 Tenured professors punished for expression 54:27 Nassau County’s mask ban 1:04:39 Outro   Show notes: Court cases: Schenck v. United States (1919) Brandenburg v. Ohio (1969) National Socialist Party of America v. Village of Skokie (1977) Texas v. Johnson (1989) Snyder v. Phelps (2011) Matal v. Tam (2017) Virginia v. Black (2003) NAACP v. Alabama (1958) Kohls v. Bonta (this suit challenges the constitutionality of AB 2839 and AB 2655) (2024) G.B. et al. v. N

Can free speech and content moderation on social media coexist? Jonathan Rauch and Renee DiResta discuss the complexities of content moderation on social media platforms. They explore how platforms balance free expression with the need to moderate harmful content and the consequences of censorship in a digital world. Jonathan Rauch is a senior fellow at the Brookings Institution and the author of “The Constitution of Knowledge: A Defense of Truth” and “Kindly Inquisitors: The New Attacks on Free Thought.” Renee DiResta was the technical research manager at the Stanford Internet Observatory and contributed to the Election Integrity Partnership report and the Virality Project. Her new book is “Invisible Rulers: The People Who Turn Lies Into Reality.” READ THE TRANSCRIPT. Timestamps: 00:00 Intro 03:14 Content moderation and free speech 12:33 The Election Integrity Partnership 18:43 What activity does the First Amendment not protect? 21:44 Backfire effect of moderation 26:01 The Virality Project 30:54 Misinforma

What happens when philosopher Ayn Rand’s theories meet free speech? Tara Smith and Onkar Ghate of the Ayn Rand Institute explore Rand’s Objectivist philosophy, its emphasis on reason and individual rights, and how it applies to contemporary free speech issues.  Smith and Onkar are contributors to a new book, “The First Amendment: Essays on the Imperative of Intellectual Freedom.” Listeners may be particularly interested in their argument that John Stuart Mill, widely regarded as a free speech hero, actually opposed individual rights. Tara Smith is a philosophy professor at the University of Texas at Austin and holds the Anthem Foundation Fellowship in the study of Objectivism. Onkar Ghate is a senior fellow at the Ayn Rand Institute, where he teaches undergraduate and graduate courses on Objectivism.   Timestamps: 00:00 Intro 02:51 What is Objectivism? 06:19 Where do Objectivism and free speech intersect? 09:07 Did Rand censor her rivals? 13:54 Government investigations of communists and Nazis 18:12 Brazilian