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Free Speech Unmuted

Free Speech Unmuted

By: Hoover Institution
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Hoover Institution Senior Fellow Eugene Volokh is one of the country’s foremost experts on the 1st Amendment and 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’ll also 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 their everyday lives.© Copyright by the Board of Trustees of Leland Stanford Junior University Political Science Politics & Government World
Episodes
  • 2025: The Year In Free Speech | Eugene Volokh and Jane Bambauer | Hoover Institution
    Jan 12 2026

    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.

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    1 hr and 18 mins
  • Does the First Amendment Protect Supposedly “Addictive” Algorithms? | Eugene Volokh and Jane Bambauer | Hoover Institution
    Dec 16 2025

    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.

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    55 mins
  • Defamation Law in the Age of AI with Lyrissa Lidsky | Eugene Volokh and Jane Bambauer | Hoover Institution
    Dec 2 2025

    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.

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    55 mins
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