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 u ...…

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 wri ...…

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: Mi ...…

“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 wit ...…

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 ...…

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 po ...…

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 ...…

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 Rig ...…

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 implicate ...…

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 consider ...…

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, direct ...…

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 ...…

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 ...…

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-Lif ...…

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 ...…

“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 ...…

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 au ...…

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 no ...…

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 ...…

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, a ...…

Tribalism and group polarization are on the rise. So too are rates of anxiety, depression, and suicide. On campuses, professors and students are afraid to speak out. And on social media, outrage mobs rule the day. How did we get here? On today’s episode of So to Speak, we are joined by FIRE President and CEO Greg Lukianoff to discuss his new co ...…

Much has been written in recent months about online campaigns to get certain journalists, movie directors, and professors fired from their jobs because of things they said or wrote. Some campaigns have been successful. Some have not. On today’s episode of So to Speak: The Free Speech Podcast, we talk about how these outrage mobs affect the worl ...…

How should we think about speech rights in the age of artificial intelligence and advanced robotics? On today’s episode of So to Speak, we are joined by First Amendment scholars Ronald Collins and David Skover. They are the authors of the new book, Robotica: Speech Rights & Artificial Intelligence. From the printing press to the internet, advan ...…

On this episode of So to Speak, we chat with lawyer and free speech activist Jacob Mchangama. He is the founder and CEO of the Danish think tank Justitia, a visiting fellow at FIRE, and host of Clear and Present Danger: A History of Free Speech. Mchangama is also the author of the lead essay for the Cato Institute’s June Cato Unbound online deb ...…

Supreme Court review: Kennedy, Kavanaugh, and “weaponizing the First Amendment” On this episode of So to Speak, we discuss President Donald Trump’s nomination of Brett Kavanaugh to the United States Supreme Court and what it might mean for the First Amendment. We also review Anthony Kennedy’s legacy, the free speech cases from this past Supreme ...…

On today’s episode of So to Speak, we take a trip down memory lane. We are joined by FIRE’s Greg Lukianoff, Samantha Harris, and Will Creeley to discuss memorable cases from FIRE’s 19-year history. You can watch a video of this conversation on FIRE’s YouTube channel (youtube.com/thefireorg). www.sotospeakpodcast.com Follow us on Twitter: twitte ...…

The United States is unique in its protection of what some might label “hate speech.” Of course, certain expression is unprotected, like incitement to imminent lawless action and true threats. But expression that is deemed merely offensive or hateful is generally protected. On this episode of So to Speak, we welcome back to the show former ACLU ...…

In February, Princeton University President Christopher Eisgruber announced that he will distribute copies of “Speak Freely: Why Universities Must Defend Free Speech” to all Princeton students and faculty as part of the university’s annual “Pre-read” program. On this episode of So to Speak, our guest is Princeton University Professor Keith Whit ...…

Is there a campus free speech crisis? In March, FIRE staff discussed the question. On today’s episode of So to Speak: The Free Speech Podcast, we put the question to others and feature audio from a live debate that occurred on May 8 in New York City. New York magazine’s Andrew Sullivan and New York University’s Jonathan Haidt argue, yes, there ...…

Anthony Comstock is a name that has become synonymous with censorship in America. In 1873, he founded the New York Society for the Suppression of Vice, and his career led to the confiscation or incineration of more than 3 million pieces of allegedly “obscene, lewd, or lascivious” material. On this episode of So to Speak, we speak with Fashion I ...…

What are the greatest threats to a free press in America, and how have they changed in recent years? On this episode of So to Speak, we speak with Laura R. Handman, who is a partner at Davis Wright Tremaine and a co-chair of the firm’s appellate practice. For 30 years, she has worked on free press issues ranging from defamation to reporter’s pr ...…

In January, President Donald Trump called America’s libel laws “a sham and a disgrace.” Are they? On this episode of So to Speak: The Free Speech Podcast, we sit down with Ballard Spahr Senior Counsel Lee Levine to discuss what America’s libel “laws” really are — and are not. www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeech ...…

Is there a campus free speech crisis? On this episode of So to Speak, Nico Perrino is joined by FIRE’s Will Creeley and Samantha Harris to discuss this simmering question. Watch the video of this podcast recording: youtu.be/uoO6TCAQpaE Additional reading: “The ‘campus free speech crisis’ is a myth. Here are the facts.” by Jeffrey Adam Sachs “Ev ...…

In 2012, a same-sex couple entered Masterpiece Cakeshop and asked its owner, Jack Phillips, to create a cake for their wedding reception in Denver, Colorado. Phillips declined the request, reportedly telling the couple, “Sorry guys, I don’t make cakes for same-sex weddings.” That brief, 20-second exchange eventually found its way to the U.S. Su ...…

Former Evergreen State College Professor Bret Weinstein describes himself as a “professor in exile.” The evolutionary biologist left Evergreen last September in the fallout from the controversy surrounding the school’s planned Day of Absence programming. Weinstein’s objection to the programming led fifty students to disrupt his class and demand ...…

Most Americans are familiar with The Great Wall of China. Fewer are familiar with the Great Firewall of China. The Firewall blocks vast expanses of the world’s web content — and it’s just one of the tools the Chinese government uses to monitor, censor, and even manipulate what its approximately 1.4 billion citizens see online. On this episode o ...…

In 2001, University of Alaska president Mark Hamilton made national headlines when he wrote a sternly worded memo declaring that freedom of speech on campus “CANNOT BE QUALIFIED” [emphasis original]. Hamilton retired from his position as University of Alaska president in 2010. However, his memo lives on in FIRE lore as the gold standard for a u ...…

Has the history of how our constitutional rights came to be protected on campus been forgotten? Professor Randall L. Kennedy believes it has. It’s a history even he wasn’t familiar with until recently. On this episode of So to Speak, Professor Kennedy explains how civil rights activists in the 1950s and 60s secured early victories for free spee ...…

Was our modern First Amendment born out of a chance encounter on a train bound for Boston in 1918? On this episode of So to Speak, we speak with Seton Hall Law Professor Thomas Healy. He argues that Supreme Court Justice Oliver Wendell Holmes’ unlikely run-in with Judge Learned Hand in the summer of 1918 set off a series of events that culminat ...…

Did the founders intend for the First Amendment to protect as much speech as it does today? University of Richmond Assistant Professor of Law Jud Campbell argues probably not. He is the author of an article recently published in The Yale Law Journal that Cass Sunstein says “might well be the most illuminating work on the original understanding ...…

The Institute for Justice doesn’t litigate your typical First Amendment cases. They don’t take cases involving protest bans, controversial speakers, or political dissent. Instead, the libertarian, public-interest law firm takes cases often ascribed to the margins of First Amendment concerns by the public and even some judges: cases involving oc ...…

Masses Publishing Co. v. Patten (1917) might be the most important free speech case you’ve never heard of. In his now largely forgotten decision in the case, then Southern District of New York Judge Learned Hand rejected the United States postmaster general’s arguments for refusing to mail Masses magazine. The magazine was staunchly opposed to ...…

Harvard University professor and FIRE Advisory Council member Steven Pinker is a rockstar academic. He has written 10 books, many of which are bestsellers, including most recently “The Better Angels of our Nature” and “The Sense of Style.” On this episode of So to Speak, we chat with professor Pinker about free speech, free inquiry, taboo, dang ...…

Nowhere have the campus free speech debates been as intense as at the University of California, Berkeley — the home of the Free Speech Movement. Violent protests against one speaker. Hundreds of thousands of dollars in security costs to protect another. Speaking invitations extended and then (maybe?) rescinded. And that’s just this year. On thi ...…

Is the modern college campus suffering from a decline in viewpoint diversity? Do American universities prepare students for life in a politically divided democracy, or might they be teaching habits of thought that will add to America's political divisions? Does political orthodoxy reduce the quality of research, scholarship, and education? Hete ...…

The experts are calling it the free speech debate of the next decade: Who makes the rules for what people can say — and see — on the web? And who pays the price when “The Delete Squad” gets it wrong? On today’s episode of So to Speak: The Free Speech Podcast, FIRE’s Alex Morey talks to experts on all sides of the issue, from the Facebook team w ...…

The British free speech invasion is here. Our friends from the current affairs magazine spiked have traveled across the pond to host “Unsafe Space,” an all-star free speech tour of American college campuses. On today’s episode of So to Speak, we catch up with spiked editors Tom Slater and Ella Whelan in New Jersey to chat about the tour, which ...…

Would Isaac Newton succeed on the modern college campus? The genius who discovered the laws of motion, but who also obsessed over alchemy, was introverted and prone to unpredictable mood swings. Scholars believe he may have had autism, which is one of the many neurological conditions that contribute to “neurodiversity” in the world. And accordi ...…

Last week, Judge Richard Posner suddenly retired from the 7th U.S. Circuit Court of Appeals after nearly 36 years on the bench. The 1981 President Reagan appointee authored over 3,300 judicial opinions during his tenure and is widely considered one of the most vocal, provocative, and influential appellate court judges of all time. On today’s ep ...…

Nadine Strossen knows the dangers of Nazism. Her father was liberated from the Buchenwald concentration camp one day before he was scheduled to be sterilized. If American soldiers arrived a day later, Strossen would never become the first female president of the ACLU. She wouldn’t even be alive. After Charlottesville, there has been vigorous de ...…