A consensus has emerged from a growing pile of scholarly research: Trigger warnings don’t work. On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Carleton College associate professors Amna Khalid and Jeffrey Snyder to explore what the latest research says about the efficacy of trigger warnings. We also discuss one of the more contentious debates surrounding academic freedom: the rising prevalence of so-called diversity, equity, and inclusion statements for college faculty job applications and evaluations. Show notes: “How to Fix Diversity and Equity” by Amna Khalid and Jeffrey Snyder “The Data Is In — Trigger Warnings Don’t Work” by Amna Khalid and Jeffrey Snyder Why We Don’t Use Trigger Warnings — An Animated Guide www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

So to Speak: The Free Speech Podcast

Ep. 146 Trigger warnings and DEI statements

September 25 was First Amendment Day in America — the anniversary of the date in 1789 when Congress approved 12 amendments to our Constitution, including what we today call the Bill of Rights.  On today’s episode of So to Speak: The Free Speech Podcast, we discuss the origin story and history of America’s First Amendment and its five freedoms. To do so, host Nico Perrino is joined by Sterling Professor of Law and Political Science at Yale University Akhil Reed Amar. Amar is the author of “The Words That Made Us: America’s Constitutional Conversation, 1760-1840” and the host of the podcast “Amarica’s Constitution.” Show notes: “The Words That Made Us: America’s Constitutional Conversation, 1760-1840” by Akhil Reed Amar “The First Amendment’s Firstness” by Akhil Reed Amar “How America’s Constitution Affirmed Freedom of Speech Even Before the First Amendment” by Akhil Reed Amar www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 145 First Amendment history with Yale Professor Akhil Amar

Last month, On the Media, a popular radio program from New York City’s WNYC, aired an episode that questioned free speech values and challenged so-called “free speech absolutism.” On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Matt Taibbi, Nadine Strossen, and Amna Khalid, who provide direct responses to many of the free speech critiques made in On the Media’s program. Show notes: On the Media’s free speech episode: “Constitutionally Speaking” “NPR trashes free speech. A brief response” by Matt Taibbi Famous Christopher Hitchens lecture defending free speech Tra lalalala song from Soviet Union Documentary: Mighty Ira www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 144 Matt Taibbi, Nadine Strossen, and Amna Khalid respond to ‘On the Media’ free speech critiques

Are America’s schools becoming too political?  FIRE’s Director of High School Programs argues, “Yes.” Bonnie Kerrigan Snyder is an educator with over 20 years of experience, and she’s worried by what she sees. Amidst controversies surrounding so-called critical race theory, school walkouts, and standardized tests, Snyder increasingly hears reports of children “being indoctrinated, bullied, and harassed by their fellow students and teachers for not falling into line on various topics.” On today’s episode of So to Speak: The Free Speech Podcast, we discuss Snyder’s new book, “Undoctrinate: How Politicized Classrooms Harm Kids and Ruin Our Schools—And What We Can Do About It.” Show notes: West Virginia State Board of Education v. Barnette (1943) www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 143 Politics and thought reform in K-12 education

Hollywood’s Motion Picture Production Code, popularly referred to as the Hays Code, loomed over films in every stage of movie production from 1934 to 1968. Scripts were reviewed and altered. Actors and filmmakers were forced to redo entire scenes. Editors were asked to cut dialogue and scenes from films. Music was changed. Ultimately, directors had to be cognizant of the censors at all times. In this episode of So to Speak: The Free Speech Podcast, we interview three prominent guests to track the history of film censorship and the eventual demise of the Hays Code. John Billheimer, author of “Hitchcock and the Censors (Screen Classics),” explains Alfred Hitchcock’s unique methods for dealing with controversial subject matter. Laura Wittern-Keller is a professor in the History department at the University at Albany and author of several books on film censorship, including “Freedom of the Screen: Legal Challenges to State Film Censorship, 1915-1981” and “The Miracle Case: Film Censorship and the Supreme Court.” Bob Corn-Revere, partner at Davis Wright Tremaine, is a frequent guest on the show. His forthcoming book “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” is due out in October. Show notes: Transcript Mutual Film Corp. v. Industrial Comm’n of Ohio Joseph Burstyn v. Wilson United States v. Paramount Pictures Hitchcock and the Censors (Screen Classics) by John Billheimer Freedom of the Screen: Legal Challenges to State Film Censorship, 1915-1981 by Laura Wittern-Keller The Miracle Case: Film Censorship and the Supreme Court by Laura Wittern-Keller The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma by Bob Corn-Revere Hollywood's Censor: Joseph I. Breen and the Production Code Administration by Thomas Doherty 

Ep. 142 Alfred Hitchcock and Hollywood’s Production Code

Morris Ernst may be the most influential free speech lawyer you’ve never heard of. He was the longtime general counsel for the ACLU, helped found the National Lawyers Guild, and just about single-handedly whittled away at obscenity laws in the United States — even litigating the famous “Ulysses” case, which overturned a 13-year ban on James’ Joyce’s renowned novel. But he was an enigma: A staunch anti-communist and sometimes red-baiter, a close confidant of FBI Director J. Edgar Hoover, an unofficial PR agent for the FBI, and, later in his life, a crusader against the relative sexual permissiveness of the 1960s and ‘70s. On today’s episode of So to Speak: The Free Speech Podcast, we are joined by University at Buffalo School of Law Professor Samantha Barbas to discuss her new book, “The Rise and Fall of Morris Ernst, Free Speech Renegade.” Show notes: Transcript: https://www.thefire.org/so-to-speak-podcast-transcript-morris-ernst-free-speech-renegade/ “The Rise and Fall of Morris Ernst, Free Speech Renegade” by Samantha Barbas www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 141 Morris Ernst, Free Speech Renegade

On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Stetson University Professor of Psychology Christopher J. Ferguson for a wide-ranging conversation about the psychology of censorship, the role of madness and eccentricity in shaping history, the effects of social media, the growing polarization and politicization of modern institutions, including academia, and more. Ferguson is the author of the new book “How Madness Shaped History: An Eccentric Array of Maniacal Rulers, Raving Narcissists, and Psychotic Visionaries.” He also co-authored “Moral Combat: Why the War on Violent Video Games is Wrong,” which was the subject of a past So to Speak episode. Show notes: “Guns, Germs, and Steel: The Fates of Human Societies” by Jared M. Diamond “Repressive Tolerance” by Herbert Marcuse “Nudge: Improving Decisions About Health, Wealth, and Happiness” by Cass Sunstein www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 140 Free speech, psychology, and madness

This week, the United States Supreme Court vindicated the First Amendment rights of a high school cheerleader who was punished for a salty Snapchat she sent outside of school. It was a resounding victory for free speech advocates and the first time the Supreme Court has considered a high school free speech case since its disappointing 2007 ruling in Morse v. Frederick. On today’s episode of So to Speak: The Free Speech Podcast, we analyze the Supreme Court’s ruling in Mahanoy Area School District v. B.L. with FIRE Legal Director Will Creeley and FIRE Legal Fellow David Hudson. Show notes: Court opinion: Mahanoy Area School District v. B.L. Listen to an audio reading of the opinion via Free Speech Out Loud FIRE, NCAC, and CBLDF file brief in Mahanoy Area School District v. B.L., cheerleader Snapchat case before Supreme Court www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Photo by Danna Singer/Provided by the ACLU

Ep. 139 Mahanoy v. B.L. Supreme Court ruling analysis

Socrates’ fateful hemlock. Henry VIII’s death decree for those who imagined his downfall. The 1836 “Gag Rule” banning slavery discussions in Congress. Britain’s early ban on films criticizing Hitler and Stalin. On today’s episode of So to Speak: The Free Speech Podcast, we are joined by lawyer and writer Eric Berkowitz to discuss his fascinating new book, “Dangerous Ideas: A Brief History of Censorship in the West, from the Ancients to Fake News.”  Berkowitz’s “Dangerous Ideas” is a comprehensive and insightful adventure through time to examine censorship’s origins and trends. Also joining the conversation is FIRE President and CEO Greg Lukianoff. Show notes: Transcript Washington Post: “Secret Consortium to Publish Rushdie in Paperback” www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 138 A history of Western censorship with Eric Berkowitz

What differentiates Albert Einstein from a madman? How do we turn disagreement into knowledge? How do we know what’s true in a world filled with disinformation, conspiracy theories, trolling, and social media pile-ons? On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Brookings Institution Senior Fellow Jonathan Rauch to discuss his new book “The Constitution of Knowledge: A Defense of Truth,” which is set for release on June 22, 2021. Also joining the conversation is FIRE President and CEO Greg Lukianoff. Show notes: Transcript “The Constitution of Knowledge” by Jonathan Rauch “Kindly Inquisitors: The New Attacks on Free Thought” by Jonathan Rauch “The Coddling of the American Mind” by Greg Lukianoff and Jonathan Haidt www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 137 The Constitution of Knowledge with Jonathan Rauch

Rebellion! Crime! Juvenile delinquency! On today’s episode of So to Speak: The Free Speech Podcast, producer Chris Maltby explores the rise of comic books in the early 20th century and the moral panic, book burnings, and censorship that followed. Show notes: “The Ten-Cent Plague: The Great Comic Book Scare And How It Changed America” by David Hajdu “The Mind of the Censor and the Eye of the Beholder” by Bob Corn-Revere “A National Disgrace” by Sterling North “Puddles of Blood,” Time Magazine, 1948 Comic Book Legal Defense Fund www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 136 Comic book panic!

Are education schools secretly driving campus censorship?  On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Lewis & Clark Associate Professor of English Lyell Asher to discuss his 2018 article for the Chronicle of Higher Education, “How Ed Schools Became a Menace.” Also joining the conversation is FIRE President & CEO Greg Lukianoff, co-author of the bestseller “The Coddling of the American Mind.” Show notes: “Educating School Leaders” by Arthur Levine Yale University: Protesters at Yale Threaten Free Speech, Demand Apologies and Resignations from Faculty Members Over Halloween Email “Please Report to Your Resident Assistant to Discuss Your Sexual Identity—It’s Mandatory! Thought Reform at the University of Delaware” by Adam Kissel “Hard Words: Why Aren’t Kids Being Taught to Read” by Emily Hanford “At a Loss for Words: How a Flawed Idea is Teaching Millions of Kids to be Poor Readers” by Emily Hanford “Look Who’s Talking About Educational Equity” by Lyell Asher E.D Hirsch’s Core Knowledge curriculum “Other People’s Children: Cultural Conflict in the Classroom” by Lisa Delpit “Racial Microaggressions in Everyday Life” by Derald Wing Sue et al. www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 135 Are education schools secretly driving campus censorship?

Ninth grader Brandi Levy was frustrated when she didn’t make her high school’s varsity cheerleading team so she posted an intemperate video about it on Snapchat to her 250 “friends.” Four years later, that video, which led to her suspension from the junior varsity cheer team, will take center stage at the United States Supreme Court.  Mahanoy Area School District v. B.L. is a case that University of Florida Professor Frank LoMonte says will determine “the future of student free speech.” On today’s episode of So to Speak: The Free Speech Podcast, we are joined by LoMonte, who also leads the Brechner Center for Freedom of Information, and FIRE Program Officer Lindsie Rank to discuss the Mahanoy case, which could answer some important lingering questions about student speech rights off-campus and on social media. The Supreme Court is set to hear oral arguments in the case on Wednesday, April 28. A decision is expected this summer. Show notes: Transcript “The future of student free speech comes down to a foul-mouthed Cheerleader,” by Frank LoMonte FIRE, NCAC, and CBLDF file brief in Mahanoy Area School District v. B.L., cheerleader Snapchat case before Supreme Court www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 134 A cheerleader’s free speech case lands at the Supreme Court

Editor's note: A previously published version of this episode featured an incorrect audio file for a different FIRE podcast. The error has been fixed and the correct audio file uploaded. We apologize for the error. Retired University of Wisconsin Professor Donald Downs is a legendary champion of free speech and academic freedom. But before he became one of the country’s preeminent defenders of these values, he wrote a book that challenged prevailing free speech arguments. On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Professor Downs to discuss his journey from somewhat of a free speech skeptic to one of its most fervent defenders. Transcript Free Speech and Liberal Education: A Plea for Intellectual Diversity and Tolerance (2020) Nazis in Skokie: Freedom, Community, and the First Amendment (1985) Restoring Free Speech and Liberty on Campus (2007) www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

[FIXED] Ep. 133 University of Wisconsin Professor Donald Downs

Retired University of Wisconsin Professor Donald Downs is a legendary champion of free speech and academic freedom. But before he became one of the country’s preeminent defenders of these values, he wrote a book that challenged prevailing free speech arguments. On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Professor Downs to discuss his journey from somewhat of a free speech skeptic to one of its most fervent defenders. Transcript Free Speech and Liberal Education: A Plea for Intellectual Diversity and Tolerance (2020) Nazis in Skokie: Freedom, Community, and the First Amendment (1985) Restoring Free Speech and Liberty on Campus (2007) www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

Ep. 133 University of Wisconsin Professor Donald Downs

So to Speak: The Free Speech Podcast takes an uncensored look at the world of free expression through personal stories and candid conversations. New episodes post every other Thursday.

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So to Speak: The Free Speech Podcast

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