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Ep. 228: Does artificial intelligence have free speech rights?

So to Speak: The Free Speech Podcast

Release Date: 11/01/2024

Ep. 244: Censoring lawmakers, T-shirts, and seashells show art Ep. 244: Censoring lawmakers, T-shirts, and seashells

So to Speak: The Free Speech Podcast

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: — chief counsel, FIRE — 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...

info_outline Ep. 243: Heather Mac Donald on Trump and free speech show art Ep. 243: Heather Mac Donald on Trump and free speech

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 “” 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...

info_outline Ep. 242: Is cancel culture dead? show art Ep. 242: Is cancel culture dead?

So to Speak: The Free Speech Podcast

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. - —  President and CEO of FIRE Co-author of "The Canceling of the American Mind" - —  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...

info_outline Ep. 241: The government’s money, the government’s rules? show art Ep. 241: The government’s money, the government’s rules?

So to Speak: The Free Speech Podcast

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: - — distinguished teaching professor at...

info_outline Ep. 240: Is there a global free speech recession? show art Ep. 240: Is there a global free speech recession?

So to Speak: The Free Speech Podcast

We travel from America to Europe, Russia, China, and more places to answer the question: Is there a global free speech recession?  Guests: - : FIRE senior scholar, global expression - : FIRE senior fellow - : 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? and get exclusive content...

info_outline Ep. 239: Columbia University, Mahmoud Khalil, DEI, law firms, and more show art Ep. 239: Columbia University, Mahmoud Khalil, DEI, law firms, and more

So to Speak: The Free Speech Podcast

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: - , FIRE’s legal director - , FIRE’s supervising senior attorney - , FIRE’s director of campus rights advocacy  Enjoy listening to the podcast? and get exclusive content like member webinars, special...

info_outline Ep. 238: On Mahmoud Khalil show art Ep. 238: On Mahmoud Khalil

So to Speak: The Free Speech Podcast

First Amendment lawyer and immigration lawyer 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?  and get exclusive content like member webinars, special...

info_outline Ep. 237: A tech policy bonanza! The FCC, FTC, AI regulations, and more show art Ep. 237: A tech policy bonanza! The FCC, FTC, AI regulations, and more

So to Speak: The Free Speech Podcast

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: , FIRE’s lead counsel, tech policy. , a resident technology and innovation senior fellow at the R Street Institute   - , a technology policy senior fellow at the CATO Institute   Timestamps: 00:00 Intro 01:30 Section 230 06:55...

info_outline Ep. 236: JD Vance, 60 Minutes, the Associated Press, the FCC, and more show art Ep. 236: JD Vance, 60 Minutes, the Associated Press, the FCC, and more

So to Speak: The Free Speech Podcast

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...

info_outline Ep. 235: Cancel culture, legal education, and the Supreme Court with Ilya Shapiro show art Ep. 235: Cancel culture, legal education, and the Supreme Court with Ilya Shapiro

So to Speak: The Free Speech Podcast

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)...

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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:

-Legislation:

-Articles: