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The Libertarian

Speech That Isn’t Free: The New Authoritarianism At Universities | Libertarian: Richard Epstein | Hoover Institution

The Libertarian

The Civitas Institute at the University of Texas at Austin

History, News, Politics

4.7994 Ratings

🗓️ 1 December 2022

⏱️ 20 minutes

🧾️ Download transcript

Summary

How should students respond to speech they disagree with?

Transcript

Click on a timestamp to play from that location

0:00.0

This is the Libertarian Podcast from the Hoover Institution.

0:14.0

I'm your host Tom Church and I'm joined as always by the Libertarian Professor Richard Epstein.

0:19.0

Here at Hoover, Richard is the Peter and Kirsten Bedford Senior fellow. He's the Lawrence A Tish

0:24.3

Professor of Law over at NYU and he's a senior lecturer at the University of

0:28.6

Chicago. Now Richard there's a free speech story that caught my eye,

0:32.8

and I think there's a conversation to be had about censorship

0:36.3

and protests at the university level I want to ask you about.

0:39.4

Now the short of it is that Kansas Supreme Court Justice Caleb Steagle wrote a public letter to the University of Kansas law school and ended his teaching relationship over a recent controversy involving a speaker at a federal society event.

0:53.4

Now the speaker that was invited and actually end up speaking is affiliated with the Alliance defending freedom.

0:59.8

It's a conservative Christian group that is in addition to other issues against same-sex

1:04.8

marriage. When the event was announced the student body called for well many people

1:09.2

in the student body called for the event to be canceled and in his letter Justice Stiegel notes that there says

1:14.6

that the administration at KU met with the Federal Society and pressured them to cancel

1:19.3

the event. Now the event actually happened and the speaker discussed Kennedy versus Bremerton School District. It's a case that was decided in June of this year six to three.

1:29.0

So before we get into the KU law school's reaction and well calls for you know

1:37.2

cancelling this event can you take us through that case that Kennedy versus Bremerton

1:41.6

School District to see how I want to get a picture of how egregious the talk could have been.

1:46.0

Well, I mean the topic here is one that is generally divided in vexed large numbers of people.

1:52.0

We've had multiple discussions of this at

1:55.2

NYU and at Chicago. I've written about it on the Hoover website. Essentially

2:00.7

it's a question of what's the interaction between public private activity.

2:05.2

What we did is we had a coach in the Bremerton school district who used to lead his students in prayer and many of them very much thought it was appropriate.

...

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