Free Speech Unmuted

Can you be sued for repeating a rumor—even if you don’t believe it? Is calling someone a “racist” protected speech? In this episode, Eugene Volokh and Jane Bambauer unpack the hidden rules of defamation law, from libel and slander to viral tweets and billion-dollar verdicts. It’s a deep dive into what you can say, what you can’t, and why the biggest legal battles often turn on the smallest details. Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

Jane Bambauer and Eugene Volokh analyze the US Supreme Court’s new Chiles v. Salazar decision, which struck down (by an 8-1 vote) a law banning sexual orientation/gender identity conversion therapy, including therapy that consists entirely of speech. The Court held that the First Amendment protects professional-client speech, including counselors’ use of conversion therapy with minor patients when that therapy consists solely of speech.  In the process, the 8-justice majority rejected the state’s argument that such speech can be regulated as “speech integrally related to unlawful conduct” – and in the process, cited Volokh’s discussion of the speech integral to unlawful conduct exception in a friend-of-the-court brief that he filed. Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

Is the FCC about to revive a broad reading of the Equal Time Rule—and should broadcast TV still get “special” First Amendment treatment in 2026? Eugene Volokh and Jane Bambauer are joined by  Duke Law professor Stuart Benjamin to discuss the constitutional backstory behind the federal broadcasting Equal Time Rule and why broadcast media has long been treated differently from newspapers, cable, and the internet. From Red Lion to the collapse of the Fairness Doctrine and beyond, the panel explains how we ended up with a broadcast-only regulatory regime—and why that consensus may now be unraveling. They also dig into the latest controversy involving political candidates appearing on shows like The View and late-night television, the FCC’s renewed scrutiny, and what it all could mean for the future of media regulation. Would today’s Supreme Court uphold broadcast exceptionalism? Or is this doctrine headed the way of the eight-track tape? Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

When can a public university punish a student for speech that includes violent references, and that frightens some people, but is not a clear threat? Eugene Volokh and Jane Bambauer unpack two recent court cases, one that upholds such punishment and another that says it violates the First Amendment: Damsky v. University of Florida and Christensen v. Ohio State University. Volokh and Bambauer explore how courts are applying the “substantial disruption” standard from Tinker v. Des Moines, and why speech by public university students that alludes in an ambiguous way to violence creates hard First Amendment questions. Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

Eugene Volokh and Jane Bambauer are joined by press freedom advocate Seth Stern to dissect the federal prosecution of journalist Don Lemon. At issue is whether covering—and allegedly accompanying—a disruptive protest inside a church can make a journalist liable for criminal conspiracy under federal laws that ban disruption of worship services. The conversation probes the uneasy boundary between reporting and participation, the limits of First Amendment protection for journalists, and the use of conspiracy claims by prosecutors. Is this a necessary enforcement of neutral criminal law—or a chilling signal that simply documenting controversial events can land reporters in the dock? How this case is resolved may shape the future of press freedom, and of law enforcement, far beyond Don Lemon himself.   Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

What kind of year was 2025 for free speech? In this special year-in-review episode of Free Speech Unmuted, hosts Eugene Volokh and Jane Bambauer break down the biggest legal and political fights shaping speech in America right now. From the Supreme Court’s unanimous decision upholding the TikTok divestment law to a pending case that could redefine how much protection professional “talk therapy” gets under the First Amendment, the hosts explain what has happened—and why it matters. The conversation also covers the Court’s ruling allowing age-verification requirements for online pornography, which dealt with tough questions about protecting kids, adult privacy, and free expression on the internet. Beyond the courts, Volokh and Bambauer examine Trump-administration actions involving law firms, universities, and the media, including federal funding threats, alleged retaliation against certain viewpoints, and the FCC’s response to controversial late-night TV commentary. The episode wraps up with a look at when controversial political speech can get employees fired—and when the Constitution or state law steps in to protect them.  Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

Can the government regulate social media features because they are “addictive”? Eugene Volokh and Jane Bambauer talk with Emory Law professor Matthew Lawrence about whether features like infinite scroll, personalized feeds, “near-miss” reward patterns, and dopamine-driven engagement tactics are comparable to gambling or even drug addiction — and whether that means the government can step in. The conversation digs into current lawsuits, whether there’s a constitutionally significant difference between content and design, how addiction is defined in law and neuroscience, and what First Amendment limits exist when regulating digital platforms. A smart, fast-moving discussion for anyone curious about the future of free speech, tech regulation, and the psychology behind our screens. Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

What happens when 1970s defamation law collides with the Internet, social media, and AI? University of Florida Law School legal scholar Lyrissa Lidsky — who is also a co-reporter for the American Law Institute’s Restatement (Third) of Torts: Defamation and Privacy — explains how the law of libel and slander is being rewritten for the digital age. Lyrissa, Jane, and Eugene discuss why the old line between libel and slander no longer makes sense; how Section 230 upended defamation doctrine; the future of New York Times v. Sullivan and related First Amendment doctrines; Large Libel Models (when Large Language Models meet libel law); and more. Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

Ilya Shapiro, Senior Fellow and the Director of Constitutional Studies at the Manhattan Institute, joins Free Speech Unmuted to discuss his new book Lawless: The Miseducation of America’s Elites. Ilya, Jane, and Eugene discuss the state of American law schools, why many students fear open discussion, and what can be done to improve things. Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

Eugene Volokh and Jane Bambauer speak with Eric Heinze, professor of law and humanities at Queen Mary University of London, about how the digital age has transformed the meaning and limits of free expression. The discussion ranges from Britain’s recent Lucy Connolly case—involving online incitement and hate speech—to the philosophical and legal contrasts between the American Brandenburg standard and the U.K.’s more interventionist approach. Heinze argues that democracies must rethink free speech in an era dominated by opaque, powerful platforms like Twitter and Facebook, where risk, harm, and accountability are far harder to define. They debate whether governments—or tech companies—should bear responsibility for regulating speech online, and what “freedom” really means when algorithms, not citizens, shape public discourse. Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

Eugene Volokh and Jane Bambauer are joined by Ashutosh Bhagwat (Professor of Law at UC Davis) as they discuss the FCC’s ability to regulate broadcast speech, directly and indirectly. Jimmy Kimmel, the old Fairness Doctrine, Ted Cruz, affiliate/network relations, and more. Recorded on September 22, 2025.  Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

FIRE is one of the leading free speech advocacy and litigation groups in the country, and Greg is not only its long-time head but also coauthor of several books, including Coddling of the American Mind (with psychologist Jonathan Haidt) and War on Words: 10 Arguments Against Free Speech—And Why They Fail (with law professor and former ACLU President Nadine Strossen). Jane and Eugene talk with Greg about free speech lawsuits, free speech debates, and more. Recorded on September 4, 2025.  Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

Hosts and law professors Eugene Volokh and Jane Bambauer dive into President Trump’s new executive order on flag burning. Is it bold politics or bad law? Or maybe both? They break down what the order really says, how it clashes with First Amendment precedents, and why targeting flag desecration even under otherwise content-neutral laws could violate the First Amendment. Jane and Eugene also discuss the tricky question of whether non-citizens can be deported for speech or symbolic expression that is protected for citizens (more on that in this Free Speech Unmuted episode). Recorded on August 26, 2025. Subscribe for the latest on free speech, censorship, social media, AI and the evolving role of the First Amendment in today’s proverbial town square. 

Eugene Volokh and Jane Bambauer dive into the debate about “doxing” — putting someone’s personal info out in public, usually to call them out or put pressure on them. They talk about how the term is defined (or not) in different laws, and how those laws bump up against the First Amendment. They also share real-life examples — from civil rights boycotts to the online outrage over the dentist who shot Cecil the Lion — and look at how exceptions like “true threats” or “incitement” fit in. The big case in this area is the recent Kratovil v. City of New Brunswick, where New Jersey’s highest court upheld “Daniel’s Law,” letting judges and police demand their home addresses not be published online (including by news sites). Eugene and Jane break down what that means for privacy and free speech. Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

Eugene Volokh and Jane Bambauer discuss the Court’s June 27 decision in Free Speech Coalition v. Paxton, which upheld a state law that required pornography sites to “use reasonable age verification methods ... to verify” that their users are adults. Recorded on July 1, 2025. Subscribe for the latest on free speech, censorship, social media, AI and the evolving role of the First Amendment in today’s proverbial town square. 

Eugene Volokh and Jane Bambauer discuss the First Amendment rules pertaining to public school students. The occasion: The Supreme Court just declined to consider a federal appeals court case that led a public school to punish a student for wearing a T-shirt saying “There Are Only Two Genders.” Did the lower court get that right? Recorded on June 3, 2025. 

A mother sues Character.AI, claiming that a conversation between her teenage son and a Character.AI chatbot led him to commit suicide. A conservative activist sues Meta, claiming that its AI-generated false accusations about him. Jane Bambauer and Eugene Volokh analyze these cases, and more broadly, discuss lawsuits against AI companies, and possible First Amendment defenses to those lawsuits. Recorded on May 6, 2025. 

Eugene Volokh and Jane Bambauer discuss the Administration’s freezing of grants to Harvard, and Harvard’s lawsuit challenging the freeze. The Trump Administration has announced that it was freezing grants to Harvard, and demanding that Harvard change many of its policies and practices in order to get back in the Administration’s good graces.  President Trump has also suggested that Harvard might lose its tax-exempt status for “pushing political, ideological, and terrorist inspired/supporting ‘Sickness.’” Would such a cutoff of funding or tax exemption benefits violate the First Amendment? Jane and Eugene dig deep into that. Recorded on April 22, 2025.

Eugene Volokh and Jane Bambauer discuss President Trump’s Executive Orders that target major law firms (such as WilmerHale and Jenner & Block). The orders target the firms for retaliation based largely on their past support of various left-wing legal causes. Do those Orders violate the firms’ (and their clients’) Free Speech Clause or Petition Clause rights? Might they also violate the Fifth Amendment’s Due Process Clause (in civil cases) and the Sixth Amendment right to counsel (in criminal cases)? Recorded on March 31, 2025.

Eugene Volokh and Jane Bambauer discuss the First Amendment and immigration law. Recorded on March 12, 2025.

Does the Free Press Clause provide extra rights to the institutional press, or instead protect all speakers’ equal rights to use the printing press and its technological heirs? Eugene Volokh and Jane Bambauer discuss this and more with legendary First Amendment litigator Floyd Abrams. Download the 2025 Stanford Emerging Technology Review here: https://stanford.io/4bilFg0  Recorded on February 21, 2025.

​The Constitution generally covers only government action; if a private university expels students for their speech, or a private shopping mall forbids leafletting, or a private employer fires an employee for backing some candidate, that doesn’t violate the First Amendment. But state laws in roughly half the states do limit some such private restrictions on speech and political activity, especially ones imposed by private employers, much as federal law limits private employers’ restriction on their employees’ religious activity. Should there be more such laws? Fewer? Eugene Volokh and Jane Bambauer talk about this, and more. Recorded on January 28, 2025. ​

Congress, worried that TikTok may be unduly subject to Chinese government control, passed a law that would in effect stop TikTok from being made available in the U.S. unless it’s sold off to a non-China-linked company. This morning (Dec. 6), the federal D.C. Circuit upheld the law against a First Amendment challenge (and some other legal challenges); Jane Bambauer and Eugene Volokh explain. ABOUT THE SPEAKERS: Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. ABOUT THE SERIES: Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.

How does European free speech law differ from American free speech law, when it comes to “hate speech,” blasphemy, and misinformation? Jane Bambauer and Eugene Volokh welcome Jacob Mchangama, who is CEO of The Future of Free Speech; research professor of political science at Vanderbilt; the author of Free Speech: A History from Socrates to Social Media and other works on free speech; Senior Fellow at the Foundation for Individual Rights and Expression; and a trained Danish lawyer who is one of the leading experts in comparative free speech law. ABOUT THE SPEAKERS: Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. ABOUT THE SERIES: Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.

Can you sue protesters who block the street in front of your business? Protesters who block your way to work? People who are trying to get you fired? Eugene Volokh and Jane Bambauer, who have written and taught about tort law as well as free speech law, discuss all these questions and more. ABOUT THE SPEAKERS: Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. ABOUT THE SERIES: Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.

Eugene Volokh and Jane Bambauer discuss calls to restrict misinformation, from the Sedition Act of 1798 to Hurricane Helene. ABOUT THE SPEAKERS: Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. ABOUT THE SERIES: Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.

Eugene Volokh and Jane Bambauer discuss the various rules the Court applies in obscenity cases and the forthcoming Free Speech Coalition v. Paxton decision.  Fun fact: Associate Justice Potter Stewart, who wrote the “I know it when I see it” line in a 1964 obscenity opinion, later concluded that any such obscenity test would be unconstitutionally vague. ABOUT THE SPEAKERS: Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. ABOUT THE SERIES: Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.

Incitement, solicitation, fighting words, threats, bad tendencies, and more, with special attention to NAACP v. Claiborne Hardware Co. (1982), the Court’s little-publicized precedent on the subject. ABOUT THE SPEAKERS: Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. ABOUT THE SERIES: Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.  

In Moody v. Netchoice, the Supreme Court considered the Florida and Texas laws that tried to limit social media platforms’ power to moderate (or is it censor?) user posts.  In Murthy v. Missouri, the Supreme Court considered whether the federal government impermissibly pressured social media platforms to moderate (or is it censor?) user posts.  What did the Court tell us?  Jane and Eugene try to figure it out. ABOUT THE SPEAKERS: Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. ABOUT THE SERIES: Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.

Rep. Ro Khanna (D-Silicon Valley) sits down with First Amendment scholars Jane Bambauer and Eugene Volokh to explore Internet policy and free speech. Topics include the TikTok ban, social media child addiction claims, competition, and more. ABOUT THE SPEAKERS: Congressman Ro Khanna represents California's 17th Congressional District, located in the heart of Silicon Valley, and is serving his fourth term. Rep. Khanna serves on the House Armed Services Committee as ranking member of the Subcommittee on Cyber, Innovative Technologies and Information Systems (CITI), as co-chair of the Congressional Caucus on India and Indian Americans, a member of the Select Committee on the Strategic Competition between the United States and the Chinese Communist Party, and on the Oversight and Accountability Committee, where he previously chaired the Environmental Subcommittee. As a leading progressive in the House, Rep, Khanna is working to restore American manufacturing and technology leadership, improve the lives of working people, and advance U.S. leadership on climate, human rights, and diplomacy around the world. Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. ABOUT THE SERIES: Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.

Can Congress require China-based ByteDance to divest itself of TikTok as a condition for TikTok continuing to be easily accessible in the US? Alan Rozenshtein, Jane Bambauer, and Eugene Volokh discuss whether the law is consistent with the First Amendment – and with the much more rarely talked about Bill of Attainder Clause.  

Erwin Chemerinsky – a noted scholar, author on academic freedom, and law school dean – comes on the podcast to discuss campus free speech and academic freedom. We begin with student speech controversies (including the one that was literally in Erwin’s back yard), and then we move on to faculty academic freedom, in scholarship, public commentary, and teaching.

When can colleges and universities discipline students based on the content of their speech? When can they impose content-neutral restrictions on the time, place, and manner of demonstrations? Given that the First Amendment applies only to government operations, what rules apply to private institutions?

Is AI output generally protected by the First Amendment, even though AIs have no self to express (or so we think ...)? Can people sue if they are libeled by AIs, or if AIs give them false information that leads to physical harm? Jane and Eugene discuss this, and more. ABOUT THE SPEAKERS Eugene Volokh is a visiting fellow (soon to be senior fellow) at the Hoover Institution. For thirty years, he has been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (7th ed., 2020) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies.

The First Amendment protects against certain kinds of indirect government suppression of speech, as well as direct. That means the government can’t coerce bookstores, platforms, and the like, to remove material. But when does persuasion become coercion? And when, if ever, is even noncoercive persuasion aimed at the removal of speech unconstitutional? ABOUT THE SPEAKERS Eugene Volokh is a visiting fellow (soon to be senior fellow) at the Hoover Institution. For thirty years, he has been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (7th ed., 2020) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies.

Newspapers have a First Amendment right to pick and choose what to publish in their pages. Phone companies, on the other hand, aren’t allowed to control what’s said on their phone lines. Where do the various functions of social media platforms fit on that spectrum?

When public school libraries remove books based on the views expressed in the books, are they violating the First Amendment? What if the librarians stocking the shelves have a political agenda? It all comes down to a precedent called Pico, and Eugene and Jane disagree about which Supreme Court justices got the rule right. ABOUT THE SPEAKERS Eugene Volokh is a visiting fellow (soon to be Senior fellow) at the Hoover Institution. For thirty years, he has been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (7th ed., 2020) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. RELATED RESOURCES: Board of Ed. v. Pico (1982)