4.4 • 3.6K Ratings
🗓️ 2 October 2025
⏱️ 66 minutes
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Free speech under heat: the ACLU's Ben Wizner and the Manhattan Institute's Ilya Shapiro square off (and sometimes align) on the "ethos" of the First Amendment—from the Ball State firing over Charlie Kirk comments to cancel culture, government jawboning, and campus heckler's vetoes. We dig into the Supreme Court's shadow docket and unitary-executive fights, birthright citizenship, visas vs speech rights, and why institutions keep ducking protests. Plus: goat-grinders (the NBA's three-point bloat, Lyme disease, and one painfully predictable sitcom).
Produced by Corey Wara
Production Coordinator Ashley Khan
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| 0:00.0 | It's Thursday, October 2nd, 2025 from Peachfish Productions. |
| 0:07.5 | It's the gist. |
| 0:08.2 | I'm Mike Peska, and it's a not even mad day. |
| 0:10.7 | And today, the people who are not even mad really do disagree. |
| 0:13.5 | Sometimes we have a meeting of the minds and a blending of the souls. |
| 0:16.5 | And while this conversation is filled with comedy, and at the end, the critique of comedy or bad comedy or suppose comedy and my goat grinder, it is a disagreement in many cases, and the through line, I would say, is the First Amendment, free speech. |
| 0:31.5 | Because we have on the Manhattan Institute's Ilya Shapiro comes at things from a more conservative lens, although he is a very, |
| 0:39.3 | very committed to free speech and he went through a free speech ordeal of his own, which we'll |
| 0:45.1 | get into. And then on the other side, although agreeing with him a lot, and they're both legal |
| 0:50.1 | experts, so there is a meeting of the minds when it comes to the law quite often, is Ben |
| 0:54.6 | Wisner, who's the ACLU's First Amendment guy. |
| 0:59.6 | I'll give you the real title during the show. |
| 1:02.6 | First Amendment, free speech is on top of so many minds because we have punishment |
| 1:08.9 | of those who criticize Charlie Kirk, |
| 1:11.6 | and the punishment is being demanded by those who say, |
| 1:15.6 | we shouldn't punish those who are critical, |
| 1:18.6 | maybe a few years ago when there was cancel culture and wokeness as a concern. |
| 1:24.6 | Then there was the rise of the woke right, |
| 1:26.6 | which is not a phrase I love because |
| 1:28.6 | it's kind of confusing, but it sort of means something like people from the right saying, |
| 1:33.6 | oh, you said something less than laudatory about Charlie Kirk, you should lose your job. |
| 1:39.8 | So that's not always a legal question, but there is, and you will hear this phrase in the |
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