The State of Free Speech in 2026
Summary
This episode examines the state of free speech in 2026, featuring scholars Jeffrey Stone and Eugene Volokh. They discuss the Trump administration’s challenges to universities and the Supreme Court’s NetChoice decision regarding social media platforms. The conversation also analyzes the Meta settlement with state attorneys general, debating whether government-coerced age-gating and content restrictions violate the First Amendment. Finally, the guests explore emerging legal questions surrounding AI, including defamation liability and whether restrictions on AI outputs infringe on developers’ …
Topics discussed
Introduction and guest bios
State of free speech and press in 2026
Chilling effects of social media and campus speech
Supreme Court rulings on social media platforms
Citizens United and corporate speech rights
Billionaire influence on democracy and political speech
Platform content moderation and viewpoint restrictions
Meta settlement with state attorneys general
Specific restrictions in the Meta settlement
Age verification laws and Free Speech Coalition v. Paxton
Government coercion and the NRA v. Vo precedent
Hypotheticals on government pressure on universities
AI, defamation, and the burden of proof
First Amendment status of AI outputs
Liability standards for AI-generated falsehoods
Revisiting New York Times v. Sullivan in the digital age
Public figure doctrine and content-based taxes
Comparing US and UK libel laws
Originalism vs. modern First Amendment jurisprudence
Closing remarks and book promotion
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