So to Speak: The Free Speech Podcast

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

  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: Ari Cohn — lead counsel for tech policy, FIRE Corbin Barthold — 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, Omnicom x IPG merger, and Media Matters 56:09 Digital Services Act 01:02:43 FSC v. Paxton decision 01:10:49 Outro  Read the transcript here: https://www.thefire.org/research-learn/so-speak-podcast-transcript-tech-check-ai-moratorium-character-ai-lawsuit-ftc 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 AI will see you now” Paul Sherman (2025) Megan Garcia, plaintiff, v. Character Technologies, Inc. et. al., defendants, United States District Court (2025) Proposed amicus brief in support of appeal - Garcia v. Character Technologies, Inc. FIRE (2025) “Amplification and its discontents: Why regulating the reach of online content is hard” Daphne Kelly (2021) “Omnicom Group/The Interpublic Group of Co.” FTC (2025)

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

  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: Will Creeley — Legal director Bob Corn-Revere — Chief counsel Ronnie London — 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 scrutiny after the ruling? 15:55 What does it mean to address the “work as a whole” in the internet context? 17:24 What modifications to the ruling, if any, would have satisfied FIRE? 18:06 What are the alternatives to address the internet’s risks toward minors? 20:16 For non-lawyer Americans, what is the best normative argument against the ruling? 22:38 Why is this ruling a “canary in the coal mine?” 23:36 How is age verification really about identity verification? 24:42 Why did the Court assume the need to protect children without citing any scientific findings in its ruling? 26:17 Does the ruling allow for more identity-based access barriers to lawful online speech? 28:04 Will Americans have to show ID to get into a public library? 29:30 Why does stare decisis seem to mean little to nothing to the Court? 32:08 Will there be a problem with selective enforcement of content-based restrictions on speech? 34:12 Could the ruling spark a patchwork of state laws that create digital borders? 36:26 Is there any other instance where the Court has used intermediate scrutiny in a First Amendment case? 37:29 Is the Court going to keep sweeping content-based statutes in the “incidental effect on speech” bucket? 38:14 Is sexual speech considered obscene? 40:33 How does the ruling affect adult content on mainstream social media platforms like Reddit and X? 43:27 Where does the ruling leave us on age verification laws? Read the transcript here: https://www.thefire.org/research-learn/fire-reacts-supreme-courts-decision-free-speech-coalition-v-paxton Show notes: - Supreme Court ruling: https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf - FIRE statement on FSC v. Paxton ruling: https://www.thefire.org/news/fire-statement-free-speech-coalition-v-paxton-upholding-age-verification-adult-content - FIRE’s brief for the Fifth Circuit: https://www.thefire.org/news/supreme-court-agrees-review-fifth-circuit-decision-upholding-texas-adult-content-age - FIRE’s amicus brief in support of petitioners and reversal: https://www.thefire.org/research-learn/amicus-brief-support-petitioners-and-reversal-free-speech-coalition-v-paxton

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• Ep. 244: Censoring lawmakers, T-shirts, and seashells

  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: Bob Corn-Revere — chief counsel, FIRE Lee Levine — 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 genders” shirt 48:54 Recent investigation into former FBI Director James Comey 55:46 Latest updates with Harvard and Trump 01:05:27 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 [email protected]. Show notes: “Ep. 56 have you been defamed?” Lee Levine’s previous appearance on the show (2018) “Supreme Court backs Republican lawmaker in Maine who was punished for transgender athlete remarks” NBC (2025) “NPR and Colorado public radio stations lawsuit against Trump administration” NPR (2025) “Ending taxpayer subsidization of biased media” The White House (2025) L. M. v. Town of Middleborough, Massachusetts Justia (2024) Tinker v. Des Moines Independent Community School District FIRE (1969) “Secret Service is asking Comey about a photo of seashells spelling ‘86 47’” The New York Times (2025) “The promise of American higher education” Alan Garber (2025) Harvard's lawsuit (complaint) (2025)

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• Ep. 243: Heather Mac Donald on Trump and free speech

  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 “When race trumps merit: How the pursuit of equity sacrifices excellence, destroys beauty, and threatens lives.” 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 43:14 Trump’s attacks on AP News, CBS, ABC, Paramount, and other media companies 59:54 Outro Read the transcript. 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 White House’s clumsy attack on Harvard” (2025) Heather Mac Donald “Everyone knows that Harvard has “lost its way…” (2025) President Trump via Truth Social “Secretary of State Marco Rubio with Mike Benz” (2025) U.S. Department of State  “Tufts student returns to Massachusetts after 6 weeks in immigration detention” (2025) The New York Times “Headlines compared: Kamala Harris’ multiple answers to ‘60 Minutes’ question” (2024) Straight Arrow News

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• Ep. 242: Is cancel culture dead?

  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. - Greg Lukianoff —  President and CEO of FIRE Co-author of "The Canceling of the American Mind" - Rikki Schlott —  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 Trump administration ‘canceling’ law firms and higher ed institutions 44:02 Rikki’s libertarian political identity  51:02 Is cancel culture dead? 54:26 Outro Read the transcript. 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: “Canceling of the American Mind” (paperback, 2025) by Greg Lukianoff and Rikki Schlott “We have never been woke: The cultural contradictions of a new elite” (2024) by Musa al-Gharbi

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