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Ep. 231: What is academic freedom? With Keith Whittington

So to Speak: The Free Speech Podcast

Release Date: 12/12/2024

Ep. 250: Civil rights, hate speech, and the First Amendment show art Ep. 250: Civil rights, hate speech, and the First Amendment

So to Speak: The Free Speech Podcast

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, “.” 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...

info_outline Ep. 249: FIRE Reacts — Where does Harvard go from here? With Larry Summers show art Ep. 249: FIRE Reacts — Where does Harvard go from here? With Larry Summers

So to Speak: The Free Speech Podcast

2025 has not been kind to Harvard. To date, the Trump administration , demanding violations of free speech, academic freedom, and institutional autonomy in return for restoring the funding. In response, Harvard , raising First Amendment claims.  Helping us unpack all things Harvard are: , President Emeritus, professor (Harvard) & advisory council member (FIRE) , 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...

info_outline Ep. 248: Commercial speech and the First Amendment show art Ep. 248: Commercial speech and the First Amendment

So to Speak: The Free Speech Podcast

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: , managing attorney (Institute for Justice) , chief counsel (FIRE) , Thomas M. Siebel senior fellow (Hoover Institution, Stanford) Timestamps:  00:00 Intro 05:03 What exactly is commercial speech? 08:25 The...

info_outline Ep. 247: Justin Amash show art Ep. 247: Justin Amash

So to Speak: The Free Speech Podcast

Throughout his career, former Congressman 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...

info_outline Ep. 246: Tech check — AI moratorium, Character AI lawsuit, FTC, Digital Services Act, and FSC v. Paxton show art Ep. 246: Tech check — AI moratorium, Character AI lawsuit, FTC, Digital Services Act, and FSC v. Paxton

So to Speak: The Free Speech Podcast

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: — lead counsel for tech policy, FIRE — 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,...

info_outline Ep. 245: The Supreme Court's decision in Free Speech Coalition v. Paxton show art Ep. 245: The Supreme Court's decision in Free Speech Coalition v. Paxton

So to Speak: The Free Speech Podcast

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:  — Legal director  — Chief counsel — 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...

info_outline 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...

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“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 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: