
So to Speak: The Free Speech Podcast
Politics
So to Speak: The Free Speech Podcast takes an uncensored look at the world of free expression through the law, philosophy, and stories that define your right to free speech. Hosted by FIRE's Nico Perrino. New episodes post every other Thursday.
Location:
Philadelphia, PA
Description:
So to Speak: The Free Speech Podcast takes an uncensored look at the world of free expression through the law, philosophy, and stories that define your right to free speech. Hosted by FIRE's Nico Perrino. New episodes post every other Thursday.
Twitter:
@freespeechtalk
Language:
English
Contact:
2157173473
Email:
sotospeak@thefire.org
Episodes
Ep. 258: Donor disclosure and campaign finance at SCOTUS
11/25/2025
The Institute for Free Speech's Bradley Smith and Brett Nolan join the show to discuss two upcoming Supreme Court arguments involving donor disclosure (First Choice Women's Resource Centers, Inc. v. Platkin) and political party contributions to candidates (National Republican Senatorial Committee v. FEC).
The conversation also explores the broader landscape for political speech and campaign regulation, what legal battles may be next for the Supreme Court, and how both guests found their way into First Amendment advocacy.
Timestamps:
00:00 Intro
01:32 What is the Institute for Free Speech?
02:39 Personal paths into free speech work
05:10 First Choice Women's Resource Centers, Inc. v. Platkin
32:08 NRSC v. FEC
51:50 What's next for campaign finance at SCOTUS?
54:58 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 sotospeak@thefire.org.
Duration:00:55:47
Ep. 257: Conversion therapy at the Supreme Court
11/13/2025
FIRE's Ronnie London and Conor Fitzpatrick join the show to discuss the Supreme Court's oral argument in the conversion therapy case, the Pentagon's new press rules, Indiana University's censorship rampage, and where the situation stands with visa and green card holders who say things the feds don't like.
Timestamps:
00:00 Intro
01:19 Chiles v. Salazar, the conversion therapy case
30:03 The Pentagon's new press rules
48:48 What the hell is going on at Indiana University?
55:38 Feds boot noncitizens for Charlie Kirk speech
01:05:02 Outro
Enjoy listening to the podcast? Donate to FIRE today (https://www.thefire.org/) 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 sotospeak@thefire.org.
Duration:01:05:50
Ep. 256: Ten arguments against free speech
10/30/2025
We tackle ten common arguments against free speech.
FIRE President and CEO Greg Lukianoff and FIRE Senior Fellow and former ACLU President Nadine Strossen are the co-authors of the new book, "War on Words: 10 Arguments Against Free Speech—And Why They Fail."
Timestamps:
00:00 Intro
01:18 Book's origins
04:25 Argument #1: Words are violence
20:27 Argument #2: Words are dangerous
25:09 Argument #3: Hate speech isn't free speech
31:06 Argument #4: About shoutdowns
37:18 Argument #5: Free speech is outdated
45:41 Argument #6 Free speech is right-wing
50:14 Argument #7: About that crowded theater and marketplace of ideas
59:27 Argument #9: Misinformation and disinformation
01:03:53 Argument #8: Free speech protects power
01:09:30 Argument #10: About the Holocaust and Rwandan genocide
01:13:35 Outro
Get the Book:
Purchase War on Words: 10 Arguments Against Free Speech—And Why They Fail.
Enjoy listening to the podcast? Donate to FIRE today (https://www.thefire.org/) 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 sotospeak@thefire.org.
Duration:01:14:19
Ep. 255: Authoritarians in the Academy
10/15/2025
FIRE Senior Scholar Sarah McLaughlin discusses her new book, “Authoritarians in the Academy: How the Internationalization of Higher Education and Borderless Censorship Threaten Free Speech.”
Timestamps:
00:00 Intro
01:17 Book origins
03:38 How China censored speech on American campuses
18:36 COVID’s impact for international students’ speech
22:05 What is sensitivity exploitation?
25:35 Free speech at international satellite campuses
31:28 Attempted deportations of Mahmoud Khalil and Rümeysa Öztürk
36:52 Sarah’s free speech inspirations: literature and people
Read the transcript here: https://www.thefire.org/research-learn/so-speak-transcript-authoritarians-academy
Enjoy listening to the podcast? Donate to FIRE today (https://www.thefire.org/) 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 sotospeak@thefire.org.
Duration:00:40:03
Ep. 254: What is going on with the FCC?
9/30/2025
What is the Federal Communications Commission, and why does its chairman think the agency can regulate Jimmy Kimmel’s jokes?
Note: Shortly after recording this episode, Nexstar and Sinclair announced they would return “Jimmy Kimmel Live!” to their stations.
Joining us:
Anna Gomez, FCC Commissioner
Ronnie London, FIRE General Counsel
Bob Corn-Revere, FIRE Chief Counsel
Timestamps:
00:00 Intro
04:46 What’s the FCC?
07:35 What’s the “public interest” standard?
14:20 What is the “fairness doctrine”?
25:21 What is the “broadcast hoax” rule?
28:55 What is “news distortion”?
35:31 Role of network affiliates
41:15 What happens now?
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 sotospeak@thefire.org.
Duration:00:48:04
Ep. 253: Pam Bondi says hate speech is not free speech — is she right?
9/16/2025
FIRE staff also take your questions on Charlie Kirk's assassination, President Trump's lawsuit against The New York Times, cancel culture, and more.
Timestamps:
00:00 Intro
01:42 Attorney General Pam Bondi's comments that "hate speech" is distinct from "free speech"
02:23 Is it OK for the Department of Justice to target people for "hate speech"?
05:42 How have “hate speech” laws played out overseas?
07:19 President Trump's response to Pam Bondi's “hate speech” remarks
08:50 Are “fighting words,” “incitement,” and “true threats” free speech?
11:22 What about doxxing?
15:15 Is it free speech to celebrate or condone the assassination of Charlie Kirk?
21:52 The termination of k-12 and university faculty in response to their commentary on Kirk's assassination
28:40 Is there a law that might implicate the Discord users who had reason to be aware of malicious intentions the shooter had towards Kirk ahead of the assassination?
30:05 The agency of speakers and those hearing their speech under the incitement standard
31:14 What are the differences between the free speech rights of citizens and non-citizens?
36:20 Does a court filing by President Trump as an individual in the New York Times lawsuit open him up to being deposed about a wide range of behaviors and actions?
37:40 What is the Trump's administration's legal strategy with the New York Times lawsuit?
39:24 What is FIRE doing about private employees being fired for their political commentary?
46:50 What is Charlie Kirk's legacy on free speech?
50:04 What is the difference between the academic protections enjoyed by tenured and non-tenured faculty members?
52:05 Does FIRE trust the Supreme Court to protect free speech?
56:12 How can we prevent capitulation from The New York Times?
59:20 How can ordinary people safely express their opinions on social media and promote civil discourse?
Joining us:
Ronnie London, general counsel
Sarah McLaughlin, senior scholar, global expression
Aaron Terr, director of public advocacy
Duration:01:05:16
Ep. 252: America’s first free speech crisis — the Sedition Act of 1798
9/15/2025
We’re joined by award-winning author, Charles (Charlie) Slack, to discuss his book, Liberty’s First Crisis: Adams, Jefferson and the Misfits Who Saved Free Speech.
Slack focuses on the infamous Sedition Act of 1798, which sparked the first major controversy over freedom of speech in America.
Timestamps:
00:00 Intro (including note about Charlie Kirk)
03:59 Book origins
12:05 What were the Alien and Sedition Acts?
16:00 Prosecutions under the Act and their free speech implications
25:35 Free speech during the Revolutionary era
28:14 Adams’ perspective on the Sedition Act
46:02 Was Supreme Court Justice Samuel Chase a partisan hack?
53:57 Sedition Act fallout
01:01:02 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 sotospeak@thefire.org.
Duration:01:08:11
Ep. 251: Free speech and ‘the executive power’ with Advisory Opinions
9/4/2025
What are the limits of presidential power? How many days has it been since President Trump’s TikTok ban moratorium went into place? What is the state of the conservative legal movement? And where did former FIRE president David French go on his first date?
French and Sarah Isgur of the popular legal podcast “Advisory Opinions” join the show to answer these questions and discuss the few free speech issues where they disagree with FIRE.
Timestamps:
00:00 Intro
02:18 Origin story of “Advisory Opinions”
08:15 Disagreements between FIRE and AO
15:04 Why FIRE doesn’t editorialize on the content of speech
24:27 Limits of presidential power
43:30 Free speech, the dread of tyrants
51:01 The prosecution of political figures
58:01 Cracker Barrel
01:00:09 State of the conservative legal movement
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 sotospeak@thefire.org.
Duration:01:12:34
Ep. 250: Civil rights, hate speech, and the First Amendment
8/28/2025
We know the First Amendment protects hate speech. But has it always done so? And how have civil rights groups responded when their members are the target of hate speech?
University of Iowa Law Professor Samantha Barbas is the author of a new law review article, “How American Civil Rights Groups Defeated Hate Speech Laws.”
Timestamps:
00:00 Intro
04:04 “The Birth of a Nation” movie controversy
12:44 Henry Ford’s anti-Semitic “Dearborn Independent”
22:41 American Jewish Committee’s “quarantining” solution
28:41 ACLU’s Eleanor Holmes Norton defending a racist in court
33:42 Racist Senate candidate J.B. Stoner
37:28 Neo-Nazis and Skokie
47:20 Why are college students afraid of saying “the wrong thing?”
52:31 Barbas’ favorite free speech literature
53:15 Barbas’ free speech hero
Read the transcript here: https://www.thefire.org/research-learn/so-speak-podcast-transcript-civil-rights-hate-speech-and-first-amendment.
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 sotospeak@thefire.org.
Show notes:
Morris Ernst, free speech renegade (Barbas’ previous So to Speak appearance, July 29, 2021)
Brandenburg v. Ohio (1969) via FIRE
Duration:00:57:04
Ep. 249: FIRE Reacts — Where does Harvard go from here? With Larry Summers
8/12/2025
2025 has not been kind to Harvard.
To date, the Trump administration has revoked nearly $3 billion in research funding to the university, demanding violations of free speech, academic freedom, and institutional autonomy in return for restoring the funding. In response, Harvard filed a lawsuit, raising First Amendment claims.
Helping us unpack all things Harvard are:
Larry Summers, President Emeritus, professor (Harvard) & advisory council member (FIRE)
Greg Lukianoff, President & CEO (FIRE)
Timestamps:
00:00 Intro
02:32 Harvard’s disputes with the Trump administration
08:29 The need for internal reforms at Harvard
42:50 Institutional neutrality debate
46:16 IHRA definition of anti-Semitism
01:01:28 Latest update on potential Harvard-Trump administration settlement
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 sotospeak@thefire.org.
Show notes:
The War on Words: 10 Arguments Against Free Speech—and Why They Fail by Greg Lukianoff & Nadine Strossen (2025)
Duration:01:08:50
Ep. 248: The state of commercial speech
8/6/2025
Imagine the government forcing you to label your all-natural milk product as “imitation.”
Florida tried to make one dairy farm do just that, sparking a First Amendment question: Where’s the line between a business’s right to speak and protecting consumers from deception?
In this episode, we explore how far free speech protections go for commercial speech with:
Justin Pearson, managing attorney (Institute for Justice)
Bob Corn-Revere, chief counsel (FIRE)
Eugene Volokh, Thomas M. Siebel senior fellow (Hoover Institution, Stanford)
Timestamps:
00:00 Intro
05:03 What exactly is commercial speech?
08:25 The evolution of commercial speech law
13:59 Early regulation of commercial speech
23:03 What is false or misleading commercial speech?
26:04 Controversial regulations of non-misleading commercial speech
37:35 Future of commercial speech regulations
Read the transcript: https://www.thefire.org/research-learn/so-speak-podcast-transcript-state-commercial-speech
Coming up: Live episode of So To Speak
On Monday, August 11th at 4 p.m. Eastern Time, Nico will be speaking with former Treasury Secretary/Harvard University president, Larry Summers, and FIRE President/CEO, Greg Lukianoff. They will discuss the Trump administration's campaign against elite universities, including Harvard, what outcomes we can expect from that campaign, and what those outcomes might mean for free speech, academic freedom, and university independence.
Register for the livestream here: https://thefire-org.zoom.us/webinar/register/5817544039734/WN_AISudjopTvu2Yzk2pXkDYg.
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 sotospeak@thefire.org.
Show notes:
Commercial speech: Should it still receive unique constitutional treatment? FIRE (2025)
“In 1995, Pepsi offered a $33 million fighter jet for 7 million Pepsi Points. They thought it was a joke. But this 21-year-old took them seriously, found a loophole, and demanded the fighter jet for his 7 million Pepsi Points.” So to Speak repost via X
Duration:00:50:42
Ep. 247: Justin Amash
7/24/2025
Throughout his career, former Congressman Justin Amash has been a strong advocate for freedom of speech, writing that “The value of free speech comes from encountering views that are unorthodox, uncommon, or unaccepted…Free speech is a barren concept if people are limited to expressing views already widely held.”
In this special live episode, filmed in front of 200+ high schoolers attending FIRE’s Free Speech Forum at American University in Washington, D.C., Amash takes questions from the audience and discusses his upbringing, his political career, the state of American politics, and how the Constitution guided his work in Congress.
Earlier this year, Congressman Amash joined FIRE’s Advisory Council.
Timestamps:
00:00 Intro
03:30 Upbringing
06:21 Law school
13:15 Time in Congress
15:59 Why Amash publicly explained each of his votes
26:30 On being the first libertarian in Congress
30:57 Connection between his principles and free speech
33:10 Trump’s first impeachment
42:48 Dealing with pushback from constituents
46:03 Term limits for members of Congress?
55:25 How high schoolers can pursue a career in politics
59:45 Has there been a regression in First Amendment protections?
01:07:32 What Amash is up to now
01:08:06 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 sotospeak@thefire.org.
Duration:01:09:20
Ep. 246: Tech check — AI moratorium, Character AI lawsuit, FTC, Digital Services Act, and FSC v. Paxton
7/10/2025
We’re checking in on the latest news in tech and free speech.
We cover the state AI regulation moratorium that failed in Congress, the ongoing Character A.I. lawsuit, the Federal Trade Commission’s consent decree with Omnicom and Interpublic Group, the European Union’s Digital Services Act, and what comes next after the Supreme Court’s Free Speech Coalition v. Paxton decision.
Guests:
Ari Cohn — lead counsel for tech policy, FIRE
Corbin Barthold — internet policy counsel, TechFreedom
Timestamps:
00:00 Intro
02:38 State AI regulation moratorium fails in Congress
20:04 Character AI lawsuit
41:10 FTC, Omnicom x IPG merger, and Media Matters
56:09 Digital Services Act
01:02:43 FSC v. Paxton decision
01:10:49 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 sotospeak@thefire.org.
Show notes:
“The AI will see you now” Paul Sherman (2025)
Megan Garcia, plaintiff, v. Character Technologies, Inc. et. al., defendants, United States District Court (2025)
Proposed amicus brief in support of appeal - Garcia v. Character Technologies, Inc. FIRE (2025)
“Amplification and its discontents: Why regulating the reach of online content is hard” Daphne Kelly (2021)
“Omnicom Group/The Interpublic Group of Co.” FTC (2025)
Duration:01:11:40
Ep. 245: The Supreme Court's decision in Free Speech Coalition v. Paxton
6/27/2025
FIRE staff responds to the Court's decision in Free Speech Coalition v. Paxton that addresses a Texas law requiring age verification for accessing certain sexual material online.
Joining us:
Will Creeley — Legal director
Bob Corn-Revere — Chief counsel
Ronnie London — General counsel
Timestamps:
01:21 How the case wound up at the Supreme Court
06:57 Bob’s experience with arguing strict scrutiny in the courts
09:32 Ronnie’s perspective on the ruling
10:22 Brick + mortar stores vs. online sites
12:07 Has the Court established a new category of partially protected speech?
13:36 What speech is still subject to strict scrutiny after the ruling?
15:55 What does it mean to address the “work as a whole” in the internet context?
17:24 What modifications to the ruling, if any, would have satisfied FIRE?
18:06 What are the alternatives to address the internet’s risks toward minors?
20:16 For non-lawyer Americans, what is the best normative argument against the ruling?
22:38 Why is this ruling a “canary in the coal mine?”
23:36 How is age verification really about identity verification?
24:42 Why did the Court assume the need to protect children without citing any scientific findings in its ruling?
26:17 Does the ruling allow for more identity-based access barriers to lawful online speech?
28:04 Will Americans have to show ID to get into a public library?
29:30 Why does stare decisis seem to mean little to nothing to the Court?
32:08 Will there be a problem with selective enforcement of content-based restrictions on speech?
34:12 Could the ruling spark a patchwork of state laws that create digital borders?
36:26 Is there any other instance where the Court has used intermediate scrutiny in a First Amendment case?
37:29 Is the Court going to keep sweeping content-based statutes in the “incidental effect on speech” bucket?
38:14 Is sexual speech considered obscene?
40:33 How does the ruling affect adult content on mainstream social media platforms like Reddit and X?
43:27 Where does the ruling leave us on age verification laws?
Show notes:
- Supreme Court ruling: https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf
- FIRE statement on FSC v. Paxton ruling: https://www.thefire.org/news/fire-statement-free-speech-coalition-v-paxton-upholding-age-verification-adult-content
- FIRE’s brief for the Fifth Circuit: https://www.thefire.org/news/supreme-court-agrees-review-fifth-circuit-decision-upholding-texas-adult-content-age
- FIRE’s amicus brief in support of petitioners and reversal: https://www.thefire.org/research-learn/amicus-brief-support-petitioners-and-reversal-free-speech-coalition-v-paxton
Duration:00:46:42
Ep. 244: Censoring lawmakers, T-shirts, and seashells
6/5/2025
We discuss the Supreme Court backing Maine lawmaker Laurel Libby, NPR filing suit against Trump, a years-long dispute over a student wearing a “there are only two genders” shirt, the Secret Service investigation into James Comey, the latest on Harvard vs. Trump, and more.
Guests:
Bob Corn-Revere — chief counsel, FIRE
Lee Levine — former senior counsel, Ballard Spahr
Timestamps:
00:00 Intro
03:34 Censure of Rep. Libby
07:02 Supreme Court shadow docket
13:53 NPR lawsuit against Trump admin
19:07 Differences between NPR and Voice of America cases
30:50 Middle school student wearing “there are only two genders” shirt
48:54 Recent investigation into former FBI Director James Comey
55:46 Latest updates with Harvard and Trump
01:05:27 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 sotospeak@thefire.org.
Show notes:
“Ep. 56 have you been defamed?” Lee Levine’s previous appearance on the show (2018)
“Supreme Court backs Republican lawmaker in Maine who was punished for transgender athlete remarks” NBC (2025)
“NPR and Colorado public radio stations lawsuit against Trump administration” NPR (2025)
“Ending taxpayer subsidization of biased media” The White House (2025)
L. M. v. Town of Middleborough, Massachusetts Justia (2024)
Tinker v. Des Moines Independent Community School District FIRE (1969)
“Secret Service is asking Comey about a photo of seashells spelling ‘86 47’” The New York Times (2025)
“The promise of American higher education” Alan Garber (2025)
Harvard's lawsuit (complaint) (2025)
Duration:01:06:27
Ep. 243: Heather Mac Donald on Trump and free speech
5/22/2025
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 to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org.
Show notes:
“The White House’s clumsy attack on Harvard” (2025) Heather Mac Donald
“Everyone knows that Harvard has “lost its way…” (2025) President Trump via Truth Social
“Secretary of State Marco Rubio with Mike Benz” (2025) U.S. Department of State
“Tufts student returns to Massachusetts after 6 weeks in immigration detention” (2025) The New York Times
Headlines compared: Kamala Harris’ multiple answers to ‘60 Minutes’ question
Duration:00:59:40
Ep. 242: Is cancel culture dead?
5/8/2025
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, please email sotospeak@thefire.org.
Show notes:
“Canceling of the American Mind” (paperback, 2025) by Greg Lukianoff and Rikki Schlott
“We have never been woke: The cultural contradictions of a new elite” (2024) by Musa al-Gharbi
Duration:00:55:16
Ep. 241: The government’s money, the government’s rules?
4/23/2025
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 University and tax-exempt status
45:53 Future of federal funding in higher education
54:08 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 sotospeak@thefire.org.
Show notes:
Academic freedom: from professional norm to first amendment right David Rabban (2024)
Worse than nothing: the dangerous fallacy of originalism Erwin Chemerinsky (2022)
“A statement from constitutional law scholars on Columbia” The New York Review (2025)
Sweezy v. New Hampshire (1957)
Title VI of the Civil Rights Act (1967)
Federal government letter to Harvard (2025)
“The promise of American higher education” Alan Garber (2025)
Harvard's lawsuit (complaint) (2025)
“Columbia agrees to Trump’s demands after federal funds are stripped” The New York Times (2025)
“Sustaining Columbia’s vital mission” Claire Shipman (2025)
Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (2023)
“What is Title IX? Its history & implications” FIRE (2025)
Bridges v. Wixon (1945)
Duration:00:54:54
Ep. 240: Is there a global free speech recession?
4/9/2025
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
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 sotospeak@thefire.org.
Show notes:
- Authoritarians in the academy: How the internationalization of higher education and borderless censorship threaten free speech Sarah McLaughlin (2025)
- “The First Amendment created gay America” So to Speak (2022)
- “Secret city: The hidden history of gay Washington” James Kirchick (2022)
- “Who in the world supports free speech?” The Future of Free Speech (2025)
- “V-DEM democracy report 2025: 25 years of autocratization — democracy trumped?” V-Dem Institute (2025)
- Global risks report 2024 World Economic Forum (2025)
- “Gay reporter kicked off Kremlin network after protesting anti-gay law” Washington Free Beacon (2013)
- Free speech: A history from Socrates to social media (paperback) Jacob Mchangama (2025)
- Europe's Digital Services Act (DSA) (2022)
- Careless people: A cautionary tale of power, greed, and lost idealism Sarah Wynn-Williams (2025)
- “The Voice of America falls silent” The New York Times (2025)
- Text of Havel’s speech to Congress The Washington Post (1990)
- Voice of America wins in court, for now, as judge blocks Trump administration from firing staff AP News (2025)
Duration:01:05:13
Ep. 239: Columbia University, Mahmoud Khalil, DEI, law firms, and more
3/27/2025
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
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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 up letter to Columbia. U.S. Department of Health & Human Services, U.S. Department of Education, U.S. Government Services Administration (2025)
- “Columbia yields to Trump in battle over federal funding” The Wall Street Journal (2025)
- “Advancing our work to combat discrimination, harassment, and antisemitism at Columbia” Columbia University (2025)
- “Columbia caves to feds — and sets a dangerous precedent” FIRE (2025)
- “ED, HHS, and GSA Respond to Columbia University’s Actions to Comply with Joint Task Force Pre-Conditions” U.S. Department of Education (2025)
- “FIRE demands answers from Trump admin officials on arrest of Mahmoud Khalil” FIRE (2025)
- “Brief of Amici Curiae in Support of Petitioner's Motion for Preliminary Injunction - Khalil v. Joyce” FIRE (2025)
- “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 detained Mahmoud Khalil, a radical foreign Pro-Hamas student on the campus of @Columbia University. This is the first arrest of many to come.’ President Donald J. Trump” The White House via X (2025)
- “WATCH: White House downplays stock market declines as ‘a snapshot’” PBS NewsHour (2025)
- “Secretary Rubio's remarks to the press” U.S. Department of State (2025)
- “Mahmoud Khalil. Notice to appear.” Habeeb Habeeb via X (2025)
- “Alien and Sedition Acts” National Archives (1798)
- Ed Martin’s letter to Georgetown Law Dean William Treanor. (2025)
- Dean Treanor’s response to Ed Martin. (2025)
- “Trump, Perkins Coie and John Adams” The Wall Street Journal (2025)
- “Suspension of Security Clearances and Evaluation of Government Contracts” The White House (2025)
- “Addressing Risks from Perkins Coie LLP” The White House (2025)
- “Addressing risks from Paul Weiss” The White House (2025)
- “Lawyers who anger the Feds face new penalties by decree” The CATO Institute (2025)
- “Today, President Donald J. Trump agreed to withdraw his March 14, 2025 Executive Order regarding the Paul, Weiss, Rifkind, Wharton & Garrison LLP law firm (‘Paul, Weiss’), which has entered into the following agreement with the President…” President Trump via TruthSocial (2025)
- “Head of Paul, Weiss says firm would not have survived without deal with Trump” The New York Times (2025)
- “House resolution relating to the censure of Representative Laurel D. Libby of Auburn by the Maine House of Representatives” Maine House of Representatives (2025)
- “Maine’s censure of lawmaker for post about trans student-athlete is an attack on free speech” FIRE (2025)
- “Maine State Rep. Laurel Libby disagreed with biological males competing in women’s sports, and now, the Maine State House is censuring her.” Sen. Kennedy via X (2025)
- “The open society and its enemies” Karl Popper (1945)
- “Cyber rights: Defending free speech in the digital age” Mike Godwin (1995)
Duration:01:04:24
