Ep. 68 'True threats' with David L. Hudson Jr.
So to Speak: The Free Speech Podcast
Release Date: 09/20/2018
Ep. 252: America’s first free speech crisis — the Sedition Act of 1798
So to Speak: The Free Speech Podcast
We’re joined by award-winning author, , to discuss his book, . Slack focuses on the infamous , 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...
info_outline
Ep. 251: Free speech and ‘the executive power’ with Advisory Opinions
So to Speak: The Free Speech Podcast
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 go on his first date? French and of the popular legal podcast “” 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...
info_outline
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
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
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
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
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
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
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
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_outlineThere 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, and even then questions still remained.
On today’s episode of So to Speak: The Free Speech Podcast, we discuss the true threats doctrine with First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr. He is the author of an ABA Journal article about true threats titled “When do rants exceed First Amendment boundaries and become true threats?”
Also, don’t miss Hudson tell the story of many important student free speech court cases as part of our “FIRE Starter” video series. You can watch the short videos on FIRE’s YouTube channel at YouTube.com/theFIREorg.
www.sotospeakpodcast.com
Follow us on Twitter: twitter.com/freespeechtalk
Like us on Facebook: facebook.com/sotospeakpodcast
Email us: [email protected]