SpeechMatters Podcast
SpeechMatters is the official podcast of the University of California National Center for Free Speech and Civic Engagement. The podcast features thought leaders tackling the most pressing issues impacting free expression and democracy on campus and beyond. Hosted by the Center’s Executive Director, Michelle Deutchman.
Episode 10: Digital Speech Goes to the Supreme Court
In this episode, Center Executive Director Michelle Deutchman and Eric Goldman, Associate Dean for Research and Professor of Law at Santa Clara University Law School, consider the two cases on the Supreme Court docket that could transform the internet speech landscape. Goldman suggests ways that individuals can be part of shaping the future of “Internet 3.0.” Full transcript available here.
Eric Goldman, Associate Dean for Research and Professor, Santa Clara University School of Law; Co-Director, High Tech Law Institute & Supervisor, Privacy Law Certificate
Resources
- Technology and Marketing Law Blog
- An Overview of the United States’ Section 230 Internet Immunity by Eric Goldman
- Why Section 230 Is Better Than the First Amendment by Eric Goldman
- The Constitutionality of Mandating Editorial Transparency by Eric Goldman
- Gonzalez v. Google LLC – SCOTUS blog
- Twitter, Inc. v. Taamneh – SCOTUS blog
Episode 9: Notes from the Field: Fighting Educational Gag Orders
In this episode, Michelle Deutchman invites PEN America’s Director of Free Expression and Educational Programs Jonathan Friedman and ACLU’s Senior Staff Attorney Emerson Sykes to discuss their ongoing efforts to protect free speech and academic freedom from censorious state legislation. Full transcript available here.
Jonathan Friedman, Director of Free Expression and Education Programs at PEN America; 2019-20 Center Fellow
Emerson Sykes, Staff Attorney at the ACLU Speech, Privacy, and Technology Project; 2019-20 Center Fellow
Resources
- Article in The 74 by Asher Lehrer-Small: “The ACLU’S Fight Against Classroom Censorship, State By State“
- ACLU Court Case: Pernell v. Florida Board of Governors
- ACLU Court Case: Bert v. O’Connor
- Article in The Progressive Magazine by Jonathan Friedman: “Rapidly Accelerating Book Bans Are Part of a Coordinated Assault on Public Education“
- PEN Report: Banned in the USA: The Growing Movement to Censor Books in Schools
- PEN Report: Educational Gag Orders
Episode 8: Tales from the Beat: A Conversation with Higher Ed Reporters
In this episode, Michelle Deutchman sits down with two seasoned journalists on the higher education beat, Elissa Nadworny from National Public Radio and Michael Powell from The New York Times, to discuss what their reporting has revealed about the evolving relationship between higher education, free speech and democratic learning. Full transcript available here.
Elissa Nadworny, Higher Education Correspondent at National Public Radio
Michael Powell, National Reporter at The New York Times
Resources
Episode 7: Back to School: What’s Ahead for Campus Speech?
In this ‘Back to School’ episode, Michelle Deutchman sits down with UC Irvine Chancellor Howard Gillman and Erwin Chemerinsky, dean of Berkeley Law, who also serve as co-chairs of the Center’s National Advisory Board. The trio discuss recent trends related to campus speech and academic freedom, as well as what challenges lie ahead in the coming academic year. Full transcript available here.
Erwin Chemerinsky, National Advisory Board Co-chair at the Center and dean of UC Berkeley School of Law
Howard Gillman, National Advisory Board Co-chair at the Center and chancellor at UC Irvine
Resources
- PEN Report: America’s Censored Classrooms
- Article in The Connecticut Post by Erwin Chemerinsky and Howard Gillman: “Yale heckling is bad. State censorship? Worse.“
- Article in The Washington Post by Erwin Chemerinsky and Howard Gillman: “Free speech doesn’t mean hecklers get to shut down campus debate“
- Free Speech on Campus by Erwin Chemerinsky and Howard Gillman
Episode 6: Looking at the Law: The First Amendment & LGBTQ Rights
In this episode, Michelle Deutchman discusses the legal fight for equal rights for the LGBTQ community with Jenny Pizer, Acting Chief Legal Officer at Lambda Legal. Lambda is the oldest and largest national legal organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV. Michelle and Jenny discuss the role of litigation, education and public policy work in the LGBTQ movement including the release of the updated Title IX regulations and an expressive conduct case that is headed to the Supreme Court. Full transcript available here.
Jenny Pizer, Acting Chief Legal Officer at Lambda Legal
Resources
- Article in The Hill by Lambda Legal CEO Kevin Jennings: “President Biden: Don’t forget LGBTQ students while honoring Title IX“
- Statement by President Joe Biden on the 50th Anniversary of Title IX
- FACT SHEET: U.S. Department of Education’s 2022 Proposed Amendments to its Title IX Regulations
- Lambda Legal Applauds Biden Administration for Proposed Regulations Protecting LGBTQI+ Students
- Brief for Amici Curiae Lambda Legal (in the case of 303 Creative LLC v. Elenis)
- 303 Creative LLC v. Elenis Opinion (United States Court of Appeals Tenth Circuit, July 16, 2021)
Episode 5: What Does the Data Tell Us? Exploring Self-Censorship on College Campuses
In this episode, two experts – both of whom have conducted research on the issue of self-censorship – help us look behind the click-bait headlines to examine why college students may be reticent to share their viewpoints. Dig into the data with Elizabeth Niehaus, associate professor in the Department of Educational Administration at the University of Nebraska – Lincoln and Senior Fellow at the Center, and Sean Stevens, senior research fellow in polling and analytics at the Foundation for Individual Rights and Expression. (Note: Since the time of recording, FIRE’s name has been changed. Learn more here). Full transcript available here.
Elizabeth Niehaus, Associate Professor in the Department of Educational Administration at the University of Nebraska – Lincoln and Senior Fellow at the Center
Sean Stevens, Senior Research Fellow, Polling and Analytics at the Foundation for Individual Rights and Expression
Resources
- 2021 College Free Speech Rankings
- Annual Campus Expression Survey – Heterodox Academy
- The Spiral of Silence: A Theory of Public Opinion (Elisabeth Noelle-Neumann, June 1974)
- Article in Inside Higher Ed by John K. Wilson: “The Inevitable Problem of Self-Censorship “
- “Self-Censorship or Just Being Nice? Understanding College Students’ Moral Reasoning around Free Speech in the Classroom” (Research by Elizabeth Niehaus)
- Article in Inside Higher Ed by David Steele: “Afraid to Speak Up or Out“
Episode 4: Hope in Higher Education―How We Move Forward
In this episode, former Secretary of Education and Maryland gubernatorial candidate John B. King, Jr. discusses some of the challenges facing higher education (high costs, opportunity gaps that disproportionately affect minority students, state legislatures’ threats to academic and individual freedoms) and why his outlook remains hopeful for its future. Full transcript available here.
John B. King, Jr., Former U.S. Deputy Secretary of Education and President of The Education Trust
Resources
- Beyond the Ban – The Education Trust
- Segregation Forever? The Continued Underrepresentation of Black and Latino Undergraduates at the Nation’s 101 Most Selective Public Colleges and Universities
- Broken Mirrors: Black Student Representation at Public State Colleges and Universities
- Broken Mirrors II: Latino Student Representation at Public State Colleges and Universities
- National & State Trends in Degree Attainment for Latino Adults – The Education Trust
- National & State Trends in Degree Attainment for Black Adults – The Education Trust
- Article in The Washington Post by John B. King, Jr.: “No matter how hard you try, you cannot erase my family’s history“
Episode 3: Book Banning: Local Fights, Dangerous Implications
In this episode, special guest Deborah Caldwell-Stone, director of the American Library Association’s Office for Intellectual Freedom and executive director of the Freedom to Read Foundation, discusses the alarming rise in book bans across the United States, and what this dangerous trend means for the future of education, politics, and our essential freedoms. Full transcript available here.
Deborah Caldwell-Stone, Director of the American Library Association’s Office for Intellectual Freedom and Executive Director of the Freedom to Read Foundation
Resources
- American Library Association (ALA): Intellectual Freedom: Issues and Resources
- ALA: State Legislative Toolkit
- ALA State of America’s Libraries Special Report: Pandemic Year Two (2022)
- Board of Education v. Pico, 457 U.S. 85
- PEN America: “Banned in the USA: Rising School Book Bans Threaten Free Expression and Students’ First Amendment Rights“
- Unite Against Book Bans
- Article in The Washington Post by Annie Gowen: “Censorship battles’ new frontier: Your public library“
- Article in CNN by Ronald Brownstein: “Book bans move to center stage in the red-state education wars“
Episode 2: Leading with love in the face of targeted harassment
In this episode, Michelle Deutchman sits down with Dania Matos, the Vice Chancellor for the Division of Equity & Inclusion at the University of California, Berkeley. The pair discusses Dania’s commitment to “leading with love” in her equity and inclusion work in the private, nonprofit and government sectors, and her experience with targeted harassment because of this important work. Full transcript available here.
Dania Matos, Vice Chancellor for the Division of Equity & Inclusion, UC Berkeley
Resources
- UCI Resources to Support Academics Targeted by Online Harassment
- Research by 2020-2021 Fellow Nina M. Flores: “Tweets, Threats and Censorship: Campus Resources To Support Faculty Through Incidents of Targeted Harassment“
- Fellows in the Field Interactive Workshop: “Tweets, Threats and Censorship: Campus Resources To Support Faculty Through Incidents of Targeted Harassment“
- Article in The Chronicle of Higher Education by Sarah Brown: “Many Student-Affairs Officials Are Considering Leaving the Field“
- Ask the Experts: Diversity and Expression
Episode 1: “Cheap Speech” and its toll on our democracy
During the inaugural episode of SpeechMatters, Center Executive Director Michelle Deutchman sits down with Professor Rick Hasen, a national authority on elections and author of the recently published Cheap Speech: How Disinformation Poisons Our Politics—and How to Cure It, to discuss the state of democracy and the persistent threat of disinformation. Full transcript available here.
Richard L. Hasen, Chancellor’s Professor of Law and Political Science, UC Irvine
Resources
- Article in The Washington Post by Richard L. Hasen: “Facebook and Twitter could let Trump back online. But he’s still a danger.“
- Article in Slate by Richard L. Hasen: “How Supreme Court Radicalism Could Threaten Democracy Itself“
- Article in The New York Times by Richard L. Hasen: “How to Keep the Rising Tide of Fake News From Drowning Our Democracy“
- Cheap Speech: How Disinformation Poisons Our Politics—and How to Cure It by Richard L. Hasen
