So to Speak: The Free Speech Podcast

FIRE

So to Speak: The Free Speech Podcast takes an uncensored look at the world of free expression through the law, philosophy, and stories that define your right to free speech. Hosted by FIRE's Nico Perrino. New episodes post every other Thursday.

  1. Ep. 273: Debating Super PACs and campaign finance w/ Larry Lessig and Paul Sherman

    May 27

    Ep. 273: Debating Super PACs and campaign finance w/ Larry Lessig and Paul Sherman

    In 2010, two landmark decisions transformed American campaign finance law. The first was Citizens United v. Federal Election Commission. The second was SpeechNow.org v. FEC. Together, these cases cleared the way for corporations and so-called Super PACs to raise and spend unlimited sums of money in elections. What followed was a new era in American politics where individuals, corporations, and industries increasingly spent more and more money to influence campaigns and public opinion. To debate the constitutional, political, and historical questions surrounding money in politics, we are joined by Larry Lessig and Paul Sherman. Lessig is a Harvard Law professor and the founder of Equal Citizens, one of the country's leading advocates for campaign finance reform. Sherman is a senior attorney at the Institute for Justice who served as co-counsel in SpeechNow.org. Read Larry's paper "If Roe, then Buckley" here. Timestamps: 00:00 Intro 02:43 How Larry and Paul became interested in political speech and campaign finance 05:33 Citizens United, political speech, and quid pro quo corruption 18:34 What was the SpeechNow case? 32:31 Elon Musk and billionaire influence in the 2024 election 49:06 History of campaign finance regulation 51:26 First Amendment originalism, Federalist 52, and Federalist 57 01:07:07 Does money actually influence election outcomes? 01:14:20 Outro 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 fire.org and would like access to Substack's paid subscriber podcast feed, please email sotospeak@fire.org.

    1h 15m
  2. Ep. 272: FIRE Monthly Member Webinar - May 2026

    May 15

    Ep. 272: FIRE Monthly Member Webinar - May 2026

    Shouting down speakers, UCLA free speech, heckling, AI, doxxing, cancel culture, and more!   Timestamps: 00:00 Intro 02:40 Get your tickets to Soapbox now! 06:30 Congratulations to Will on 20 years at FIRE 07:31 How is FIRE responding to shouting down speakers? 11:33 Will FIRE include viewpoint diversity in our College Free Speech Rankings? 13:48 What is FIRE's response to UCLA Law students protesting a DHS speaker? 17:07 NYU's commencement speaker Jonathan Haidt  21:20 Is walking out on a controversial speaker protected free speech? 23:28 Is FIRE involved in Texas State University professor Tom Alter's case? 25:50 What is the scholar to attorney ratio at FIRE? 27:47 Has cancel culture on college campuses changed since Trump 2.0? 32:00 What is FIRE's stance on doxxing? 37:02 FIRE volunteer opportunities 37:33 Can the government regulate AI? 42:01 Is talk therapy speech or medical treatment? (Chiles v. Salazar) 46:02 What are the most pressing threats to online expression? 51:30 Special thanks to the Middlebury College Democrats and Republicans 53:45 What are the most challenging aspects of FIRE's work with technology and free speech? 57:10 Does accepting government money protect or restrict speech? 01:00:25 Is FIRE a reactive organization and what solutions do we offer? 01:01:41 Outro   Joining us: Nico Perrino, executive vice president Alisha Glennon, chief operating officer Greg Lukianoff, president & chief executive officer Will Creeley, legal director   Become a paid subscriber today to receive invitations to future live webinars. If you became a FIRE Member through a donation to FIRE at fire.org and would like access to Substack's paid subscriber podcast feed, please email sotospeak@fire.org. If you already are a paid subscriber and would like to listen to this episode via Apple Podcasts, click on the "Apple Podcasts" icon at the top right of this page!

    1h 3m
  3. Ep. 271: Minecraft, censorship, and threats to press freedom with Clayton Weimers

    Apr 30

    Ep. 271: Minecraft, censorship, and threats to press freedom with Clayton Weimers

    Editorial note: This conversation was recorded on Friday, April 24, the day before the White House Correspondents' Dinner. Both Nico and Clayton attended the event, where a gunman breached security and opened fire before being apprehended. No one was seriously injured, but the incident serves as a reminder of the threats reporters can face in the course of their work. Since we recorded the conversation before the shooting, Nico and Clayton do not address it, but the incident underscores the stakes of their discussion. — In 2020, Reporters Without Borders launched the Uncensored Library, a virtual archive housed inside Minecraft, the world's most popular computer game. It preserves the work of journalists who have faced censorship, imprisonment, exile, or even death. In countries where their reporting is banned, Minecraft itself is not, making the library a digital sanctuary for suppressed journalism that millions can still access. In March 2026, the project added a United States wing, reminding Americans that subtler, less direct threats to a free press happen everywhere – even at home. With today's release of the 2026 World Press Freedom Index and World Press Freedom Day approaching on May 3, we're unpacking the state of press freedom with Clayton Weimers, the executive director of Reporters Without Borders USA. Download The Uncensored Library here.   Timestamps:  00:00 Intro   04:41 The state of press freedom in the United States 10:51 Trump administration's threats to press freedom 14:16 Patel v. The Atlantic and actual malice 22:55 Who is to blame for distrust in media? 27:58 Viewpoint diversity in the newsroom 32:15 The modern media ecosystem 40:27 What is RSF? 47:00 Freelance and independent journalism 49:11 Clayton's background and more on Reporters Without Borders 51:25 Inside the Uncensored Library  01:01:59 Outro   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 sotospeak@fire.org.

    1h 4m
  4. Apr 29

    FIRE Reacts: Comey, Kimmel, ABC & the FCC

    We break down the legal case against James Comey over an alleged "true threat" and how far the government can go in prosecuting speech. Plus, we examine renewed FCC pressure on ABC and Jimmy Kimmel. Timestamps: 00:00 Intro 00:57 Does the DOJ have a viable case against James Comey? 04:51 "True threats" and Comey's case 06:36 Threats against U.S. presidents and Watts v. United States 09:55 Was it a mistake for Comey to take down the "8647" seashell image? 11:18 Can the case be dismissed before it goes to trial? 12:38 Can Comey's case be considered a selective prosecution? 13:23 Is the process itself a punishment? 15:29 Could prosecutors face consequences for bringing this case? 18:07 Examples of true threats 20:35 "True threat" versus "incitement to imminent lawless action" 22:53 Is it still a "true threat" if charges come a year later? 24:32 Can Comey recover his legal fees? 25:34 Do threats become more real in the wake of other active threats? 26:32 Does the First Amendment differ for speech about the president? 30:06 What's going on with the FCC and ABC? 34:20 What do NRA v. Vullo and the FCC's calls to fire Jimmy Kimmel have in common? 35:17 Why does broadcast licensing exist in the internet age? 36:51 Have past presidents historically influenced broadcast licensing? 38:33 Is the Fairness Doctrine still in effect? 40:30 What can ABC do if the FCC takes away their licenses? 42:40 Will ABC fight back? 46:01 Has broadcast media regulation always been a frustration for 1A advocates? 49:20 Humphrey's Executor & content-based regulation 50:58 Is the FCC independent from the executive branch? 51:45 The past 18 months of FCC action 52:15 Outro Joining us: Conor Fitzpatrick, supervising senior attorney Aaron Terr, director of public advocacy Bob Corn-Revere, chief counsel

    54 min
  5. Ep. 270: The fight for privacy and free speech in the surveillance age

    Apr 23

    Ep. 270: The fight for privacy and free speech in the surveillance age

    The early internet opened unprecedented avenues for speech, creativity, and connection without traditional gatekeepers. But it also raised civil liberties questions: Do our offline freedoms exist online? And if so, how far do they extend? Today, those questions are more urgent than ever. Advances in AI have given governments powerful new tools to track, monitor, and analyze our behavior, raising fundamental concerns about the future of free expression in the digital age. Today we are joined by Cindy Cohn, the executive director for the Electronic Frontier Foundation. She has spent thirty years as a civil liberties attorney specializing in digital rights, which she documents in her newly published memoir Privacy's Defender: My Thirty-Year Fight Against Digital Surveillance.   Timestamps:  00:00 Intro   05:17 Why write this book now? 09:11 Does privacy make free speech possible? 14:52 Code as speech: Bernstein v. United States  33:34 The Patriot Act and government spying 51:09 National security letters and Section 702 57:57 Who is Tony Coppolino? 01:06:06 Why EFF left X 01:11:05 What's next for Cindy 01:13:56 Outro Read the transcript here. 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 sotospeak@thefire.org.

    1h 16m
  6. Ep. 269: Is free speech declining worldwide?

    Apr 10

    Ep. 269: Is free speech declining worldwide?

    Free speech has long been a cornerstone of democratic society. But today, its principles face increasing pressure. Around the world, governments are expanding speech restrictions in the name of combating misinformation, hate speech, and extremism, while new technologies make it easier to monitor and control public discourse. Many free speech advocates warn that these efforts risk eroding democracy itself. Joining the show to discuss this "global free speech recession" is Jacob Mchangama, a senior fellow at FIRE and the founder and executive director of The Future of Free Speech at Vanderbilt University, and Jeff Kosseff, a senior fellow at The Future of Free Speech. Their new book is "The Future of Free Speech: Reversing the Global Decline of Democracy's Most Essential Freedom." Timestamps: 00:00 Intro 02:07 Why write this book? 04:40 Where free speech stands in America today 05:53 What is a "global free speech recession"? 11:22 Free speech's high point and what changed 18:56 Election misinformation, disinformation, and the role of AI 34:40 The EU's Digital Services Act and the UK's Online Safety Act 40:00 Are democracies starting to adopt more restrictive speech laws? 43:52 Solutions to reversing the free speech recession 52:25 Outro Read the transcript here. 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 sotospeak@thefire.org.

    54 min
  7. Ep. 267: Social media = cigarettes?

    Apr 1

    Ep. 267: Social media = cigarettes?

    In March, juries in California and New Mexico delivered seminal verdicts holding Meta and YouTube liable for failing to protect young users from harm. Both verdicts found that the companies were negligent in the design or operation of their platforms and that each company knew their platforms could be dangerous when used by a minor.  The courts found that the design elements of the platforms could be separated from the content hosted on the platforms, thus removing the need to consider the First Amendment or Section 230 of the Communications Decency Act. Joining us to break down the rulings and their possible free speech implications is Mike Masnick, CEO & founder of Techdirt & the Copia Institute.   Masnick is the author of "Everyone Cheering The Social Media Addiction Verdicts Against Meta Should Understand What They're Actually Cheering For."   Timestamps:  00:00 Intro   02:29 Why these verdicts scare the hell out of Mike 10:34 Are social media algorithms "addictive"? 21:45 Did Meta fail to protect kids? 30:37 The First Amendment and Section 230 43:13 Is social media the new Big Tobacco? 55:15 The role of parents in social media use 59:04: Outro Read the transcript here.  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 sotospeak@thefire.org.

    1 hr

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4.6
out of 5
204 Ratings

About

So to Speak: The Free Speech Podcast takes an uncensored look at the world of free expression through the law, philosophy, and stories that define your right to free speech. Hosted by FIRE's Nico Perrino. New episodes post every other Thursday.

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