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The Freedom of Thought Podcast

  • Luncheon Fireside Chat with Hon. Andrew Ferguson and Hon. Paul B. Matey

    3 LUG 2024 · Hon. Andrew Ferguson, Commissioner, Federal Trade Commission Hon. Paul B. Matey, U.S. Court of Appeals, Third Circuit
    Ascoltato 52 min. 24 sec.
  • Panel 3: Securing the Rights of a Free People

    3 LUG 2024 · What responsibility do states have in protecting the rights of their citizens? How should we think about rights like the freedom of speech — do rights operate primarily as a limit on government power, or do they protect the natural rights of the citizen? Which framework is more consistent with original understanding? What limits applied to freedoms of speech — to what extent were they regulable by government and for what ends? How were rights defended and enforced? Prof. Randy Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center Hon. Rohit Chopra, Director, Consumer Financial Protection Bureau Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law Prof. Maimon Schwarzschild, Professor of Law, University of San Diego School of Law Jonathan Urick, Associate Chief Counsel, U.S. Chamber of Commerce Litigation Center Moderator: Hon. Kyle Duncan, U.S. Court of Appeals, Fifth Circuit
    Ascoltato 1 h 39 min. 8 sec.
  • Panel 2: The Challenge of Citizens United

    3 LUG 2024 · How did corporate rights evolve to include expressive constitutional rights akin to those of a natural person? How should we think about constitutional protections for corporate speech promoting commercial interests? Should the degree of alignment between ownership and control affect the constitutional interests of the corporation? Does SEC regulation on shareholder voting interfere with shareholders’ constitutional rights? If substantive rights like freedom of speech operate primarily as limits on government, does it matter whose rights are being protected? John Ehrett, Chief Counsel, U.S. Senator Josh Hawley Prof. Robert Miller, F. Arnold Daum Chair in Corporate Finance and Law, University of Iowa College of Law Matt Stoller, Director of Research, American Economic Liberties Project Eric Wessan, Solicitor General, Iowa Office of the Attorney General Moderator: Hon. Gregory G. Katsas, U.S. Court of Appeals, District of Columbia Circuit
    Ascoltato 1 h 30 min. 41 sec.
  • Panel 1: Did James Madison Think Corporations Were People Too?

    3 LUG 2024 · How did citizens understand corporate power at the Founding? What were the rights, privileges, and limits on corporations, and how did the rights of corporations compare to those of individual citizens? Should the fact that significant elements of the corporation–including their creation and ability to operate across state lines–were privileges granted by the state affect our thinking on corporate rights? And how does contemporary thinking about corporate rights align with founding-era understandings? Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law Hon. Doha Mekki, Principal Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice Ryan Newman, General Counsel, Executive Office of the Governor, State of Florida Lael Weinberger, Fellow, Constitutional Law Center, Stanford Law School Moderator: Hon. Julius "Jay" Richardson, U.S. Court of Appeals, Fourth Circuit
    Ascoltato 1 h 30 min. 54 sec.
  • Open Minds: Concentrated Control, Acceptable Opinions, and Corporate Influence Part 2

    8 MAG 2024 · In Part 2 of Open Minds with Ryan Newman, we discuss government and private coercion and how state plenary authority plays into questions of freedom. How does concentrated economic and government power affect the democratic power of private citizens? How does a corporation's size and scale change its ability to exercise political influence? And how can conservative and libertarian discussions shift from focusing on process and procedure to inspiring substantive change? Featuring: Ryan Newman, General Counsel, Executive Office of the Governor, State of Florida Alida Kass, Vice President & Director, Strategic Initiatives and Freedom of Thought Project, The Federalist Society
    Ascoltato 42 min. 57 sec.
  • NetChoice and Murthy: Speech and Coercion in the Digital Age

    9 APR 2024 · What can state actors do to protect or interfere with online public discourse? The recent argument in National Rifle Association of America v. Vullo suggests that there is some outer limit of government coercion on private actors to interfere with disfavored ideas. But questions from the bench in Murthy v. Missouri, argued the same morning, have some wondering if those limits might allow for significant “informal” pressure by government actors on platform operators to restrict user speech. Together, the cases highlight the significance of the NetChoice cases heard last month. Can laws like those adopted in Texas and Florida create counter-pressure against coercion from the federal government? What responsibility do states have in protecting their own citizens’ participation in online public discourse? Featuring: Alan Gura, Vice President for Litigation, Institute for Free Speech Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Virginia School of Law Matt Stoller, Director of Research, American Economic Liberties Project Moderator: Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
    Ascoltato 1 h 18 min.
  • When Mozilla Fired Its Founder: On the 10 Year Anniversary of Brendan Eich Leaving His Company

    3 APR 2024 · Co-founder of Mozilla and creator of JavaScript, Brendan Eich had made remarkable contributions to the technology sector. He also had contributed $1,000 to the (successful) Proposition 8 campaign against same-sex marriage. On April 3, 2014, Mozilla forced him out of the company he had founded, with apologies for not having acted sooner. Watching it all unfold, Prof. Todd Zywicki was concerned, warning that this would not stop with financial contributions for ballot initiatives – that it was not a stable equilibrium. At least at the time, Inez Stepman was less troubled, confident that such disagreements could be resolved through market forces. Who was right? Join us for a conversation with Prof. Zywicki and Inez Stepman, as they reflect on the campaign against Brendan Eich, consider lessons learned, and discuss the implications for freedom of thought today. Featuring: Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University Inez Stepman, Senior Policy Analyst, Independent Women’s Forum
    Ascoltato 1 h 4 min. 20 sec.
  • Open Minds with Jonathan Mitchell and James Burnham - Part II

    14 MAR 2024 · In the second part of this interview, James Burnham and Jonathan Mitchell discuss areas where conventional wisdom can be challenged and how he has sought to shift the Overton window in legal discourse. Should legal doctrine eclipse constitutional and statutory text? Join us for a sweeping discussion on equality doctrine, judicial review limitations, private civil enforcement, and more.
    Ascoltato 34 min. 32 sec.
  • Open Minds with Jonathan Mitchell and James Burnham - Part I

    13 MAR 2024 · In the first part of this interview, James Burnham and Jonathan Mitchell discuss his unusual career progression in alternating legal practice and academia, how his experience with consequentialism informs his formalism and textualism, and what's next for the conservative legal movement.
    Ascoltato 51 min. 49 sec.
  • NetChoice and the Future of State Regulation of Big Tech

    27 FEB 2024 · A panel of experts from a variety of political perspectives will discuss the range of briefing and arguments in Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton. Featuring: Ryan L. Bangert, Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Virginia School of Law Prof. Ganesh Sitaraman, New York Alumni Chancellor's Chair in Law, Vanderbilt University Law School Prof. Zephyr Teachout, Professor of Law, Fordham Law School Moderator: James M. Burnham, President, Vallecito Capital, LLC
    Ascoltato 1 h 15 min. 48 sec.

The Freedom of Thought Podcast: An opportunity to explore the people behind the books, articles, arguments, and events that contribute to the law and public discourse. We interview the scholars...

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The Freedom of Thought Podcast: An opportunity to explore the people behind the books, articles, arguments, and events that contribute to the law and public discourse. We interview the scholars and attorneys bringing fresh thinking to new challenges and questions, and ask: what makes you different? What are the convictions behind your engagement on controversial questions? How has your work shaped your thinking, and how have your ideas evolved? What have you learned about the value of freedom of thought?
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