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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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