Ep. 231: What is academic freedom? With Keith Whittington
So to Speak: The Free Speech Podcast
Release Date: 12/12/2024
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...
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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...
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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...
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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...
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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...
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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...
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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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Ep. 234: The Chicago Canon
So to Speak: The Free Speech Podcast
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 , which last year. They are also editors of “,” a new book that collects foundational texts that inform the university’s free speech tradition. Enjoy listening to our podcast? and get exclusive content like member webinars, special episodes, and more. If you became a through a...
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Ep. 233: Rethinking free speech with Peter Ives
So to Speak: The Free Speech Podcast
Is the free speech conversation too simplistic? Peter Ives thinks so. He is the author of “,” 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? and get exclusive content like member webinars, special episodes, and more. If...
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Ep. 232: We answer your free speech questions
So to Speak: The Free Speech Podcast
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 to receive invitations to future live webinars. If you became a through a donation to FIRE at and would like access to Substack’s paid subscriber podcast feed, please...
info_outline“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.
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 Act
26:34 Distinctive features of K-12 education
31:13 University of Pennsylvania professor Amy Wax
39:02 University of Kansas professor Phillip Lowcock
43:42 Muhlenberg College professor Maura Finkelstein
47:01 University of Wisconsin La-Crosse professor Joe Gow
54:47 Northwestern professor Arthur Butz
57:52 Inconsistent applications of university policies
01:02:23 Weaponization of “intellectual diversity”
01:05:53 Outro
Show notes:
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“Speak Freely: Why Universities Must Defend Free Speech” Keith Whittington (2019)
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“You Can't Teach That!: The Battle Over University Classrooms” Keith Whittington (2023)
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AAUP Declaration of Principles on Academic Freedom and Tenure (1915)
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AAUP Statement of Principles on Academic Freedom and Tenure (1940)
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“Kinsey” (2004)
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Stop WOKE Act, HB 7. (Fla. 2022)
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Indiana intellectual diversity law, S.E.A. 354 (Ind. 2022)
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“Tinker v. Des Moines Independent Community School District” (1969)