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The Freedom of Thought Podcast

  • Open Minds: Concentrated Control, Acceptable Opinions, and Corporate Influence Part 2

    8 MAY. 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
    Escuchado 42m 57s
  • NetChoice and Murthy: Speech and Coercion in the Digital Age

    9 ABR. 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
    Escuchado 1h 18m
  • When Mozilla Fired Its Founder: On the 10 Year Anniversary of Brendan Eich Leaving His Company

    3 ABR. 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
    Escuchado 1h 4m 20s
  • 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.
    Escuchado 34m 32s
  • 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.
    Escuchado 51m 49s
  • 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
    Escuchado 1h 15m 48s
  • Race at Work: Can Businesses Treat People Differently on the Basis of Race?

    12 FEB. 2024 · In June of last year, the Supreme Court held that consideration of applicants’ race in admissions decisions of Harvard and the University of North Carolina violated both the Equal Protection Clause of the Constitution and Title VI of the 1964 Civil Rights Act. But what are the implications outside of university admissions? How might this decision affect the interpretation and enforcement of federal laws against discrimination in employment, contracting, and other business practices? Please join us for the first in a series of webinars, as we consider the larger implications of Students for Fair Admissions for employees and businesses. On February 12th, our panelists will consider the continuing relevance of voluntary affirmative action plans under Weber and Johnson, the risks of adopting "diversity" commitments or pressuring outside contractors on diversity metrics, and newer defenses like asserted First Amendment interests in the consideration of race. Featuring: Jason C. Schwartz, Partner, Gibson Dunn & Crutcher Jay Edelson, Founder & CEO, Edelson PC Stacy Hawkins, Professor of Law, Rutgers Law School Jonathan Berry, Managing Partner, Boyden Gray PLLC Moderator: Hon. Gregory G. Katsas, Judge, United States Court of Appeals, District of Columbia Circuit
    Escuchado 1h 18m 42s
  • Tyranny of an organized minority: Free speech standards in higher education

    20 DIC. 2023 · This panel will consider the symmetry and consistency of free speech norms in higher education. Academic norms for free speech are essential to promote the free exchange of ideas. Students and professors must be free to engage with mutual respect while drawing a line at harassment. But has academia failed to recognize consistent speech harassment distinctions? Have there even been decisions that turned on the identities of the group involved? Featuring: Prof. David Bernstein, University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law Jay Edelson, Founder & CEO, Edelson PC Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University Moderator: Marcella Burke, Founder and Managing Partner of Burke Law Group PLLC
    Escuchado 1h 13m 20s
  • A discussion within the right: Why is there not a larger conservative plaintiffs' bar?

    16 NOV. 2023 · For decades, the plaintiffs' bar has been populated by liberal lawyers who support left-wing elected officials and liberal causes, while conservative lawyers have largely joined the ranks of defense-side firms. In recent years, large public companies have become increasingly associated with political liberalism, and promoted contentious social issues that many conservatives reject – with biglaw defending them throughout. Given this shift in corporate behavior and business culture, it is reasonable to ask--why haven't more conservatives joined the plaintiffs’ bar that seeks to hold large companies accountable? Is our culture shifting in a fundamental way that will realign the legal profession? Or will the tension between supporting big business and believing in conservative views soon pass? Join us for a discussion that reflects the diversity of perspectives within the right on these questions. Featuring: James M. Burnham, President, Vallecito Capital, LLC Ashley Keller, Partner, Keller Postman Mark Behrens, Co-Chair, Public Policy Group at Shook, Hardy & Bacon L.L.P. Brandon Smith, Chief of Staff, Office of the Tennessee Attorney General Moderator: Andrew Ferguson, Solicitor General of Virginia
    Escuchado 1h 20m 17s
  • DEIA Initiatives in the Workplace Post-SFFA

    17 OCT. 2023 · In June, the Supreme Court held that consideration of applicants’ race in admissions decisions of Harvard and the University of North Carolina violated both the Equal Protection Clause of the Constitution and Title VI of the 1964 Civil Rights Act. Join us as two EEOC Commissioners, Democrat Vice Chair Jocelyn Samuels and Republican Commissioner Andrea Lucas, discuss their respective views on how this decision, the federal law banning employment discrimination (Title VII of the 1964 Civil Rights Act), and EEOC regulations apply to employers’ DEI programs and initiatives. The Commissioners also will discuss their views on related topics such as the benefits and risks related to various categories of DEI programs; how employers should assess the lawfulness of their initiatives; and promising practices and guardrails for employers. Featuring: Jocelyn Samuels, Vice Chair, Equal Employment Opportunity Commission Andrea Lucas, Commissioner, Equal Employment Opportunity Commission Moderator: Kate Comerford Todd, Partner, Ellis George Cipollone
    Escuchado 1h 13m 6s

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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