So to Speak: The Free Speech Podcast

• Ep. 251: Free speech and ‘the executive power’ with Advisory Opinions

  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 David French go on his first date? French and Sarah Isgur of the popular legal podcast “Advisory Opinions” 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 presidential power 43:30 Free speech, the dread of tyrants 51:01 The prosecution of political figures 58:01 Cracker Barrel 01:00:09 State of the conservative legal movement Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected].

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

  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, “How American Civil Rights Groups Defeated Hate Speech Laws.” 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 and Skokie 47:20 Why are college students afraid of saying “the wrong thing?” 52:31 Barbas’ favorite free speech literature 53:15 Barbas’ free speech hero Read the transcript here: https://www.thefire.org/research-learn/so-speak-podcast-transcript-civil-rights-hate-speech-and-first-amendment.  Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected]. Show notes: Morris Ernst, free speech renegade (Barbas’ previous So to Speak appearance, July 29, 2021) Brandenburg v. Ohio (1969) via FIRE  

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

  2025 has not been kind to Harvard. To date, the Trump administration has revoked nearly $3 billion in research funding to the university, demanding violations of free speech, academic freedom, and institutional autonomy in return for restoring the funding. In response, Harvard filed a lawsuit, raising First Amendment claims.  Helping us unpack all things Harvard are: Larry Summers, President Emeritus, professor (Harvard) & advisory council member (FIRE) Greg Lukianoff, 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 of anti-Semitism 01:01:28 Latest update on potential Harvard-Trump administration settlement Read the transcript here: https://www.thefire.org/research-learn/so-speak-podcast-transcript-fire-reacts-where-does-harvard-go-here-larry-summers Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected]. Show notes: The War on Words: 10 Arguments Against Free Speech—and Why They Fail by Greg Lukianoff & Nadine Strossen (2025)  

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• Ep. 248: Commercial speech and the First Amendment

  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: Justin Pearson, managing attorney (Institute for Justice) Bob Corn-Revere, chief counsel (FIRE) Eugene Volokh, Thomas M. Siebel senior fellow (Hoover Institution, Stanford) Timestamps:  00:00 Intro 05:03 What exactly is commercial speech? 08:25 The evolution of commercial speech law 13:59 Early regulation of commercial speech 23:03 What is false or misleading commercial speech? 26:04 Controversial regulations of non-misleading commercial speech 37:35 Future of commercial speech regulations Read the transcript: https://www.thefire.org/research-learn/so-speak-podcast-transcript-state-commercial-speech Coming up: Live episode of So To Speak  On Monday, August 11th at 4 p.m. Eastern Time, Nico will be speaking with former Treasury Secretary/Harvard University president, Larry Summers, and FIRE President/CEO, Greg Lukianoff. They will discuss the Trump administration's campaign against elite universities, including Harvard, what outcomes we can expect from that campaign, and what those outcomes might mean for free speech, academic freedom, and university independence. Register for the livestream here: https://thefire-org.zoom.us/webinar/register/5817544039734/WN_AISudjopTvu2Yzk2pXkDYg. Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected]. Show notes: Commercial speech: Should it still receive unique constitutional treatment? FIRE (2025) “In 1995, Pepsi offered a $33 million fighter jet for 7 million Pepsi Points. They thought it was a joke. But this 21-year-old took them seriously, found a loophole, and demanded the fighter jet for his 7 million Pepsi Points.” So to Speak repost via X

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• Ep. 247: Justin Amash

  Throughout his career, former Congressman Justin Amash 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 Constitution guided his work in Congress. Earlier this year, Congressman Amash joined FIRE’s Advisory Council. Timestamps:  00:00 Intro 03:30 Upbringing 06:21 Law school 13:15 Time in Congress 15:59 Why Amash publicly explained each of his votes 26:30 On being the first libertarian in Congress 30:57 Connection between his principles and free speech 33:10 Trump’s first impeachment 42:48 Dealing with pushback from constituents 46:03 Term limits for members of Congress? 55:25 How high schoolers can pursue a career in politics 59:45 Has there been a regression in First Amendment protections? 01:07:32 What Amash is up to now 01:08:06 Outro Read the transcript here: https://www.thefire.org/research-learn/so-speak-podcast-transcript-justin-amash Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected].

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