The Freedom of Thought Podcast

Mar 13 2024
The Freedom of Thought Podcast artwork

The Freedom of Thought Podcast: An opportunity to explore the people behind the books, articles, arguments, and events that contribute to the law and public discourse. We interview the scholars and attorneys bringing fresh thinking to new challenges and questions, and ask: what makes you different? What are the convictions behind your engagement on controversial questions? How has your work shaped your thinking, and how have your ideas evolved? What have you learned about the value of freedom of thought?

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Open Minds with Jonathan Mitchell and James Burnham - Part I

Mar 13 2024 51 mins  
In the first part of this interview, James Burnham and Jonathan Mitchell discuss his unusual career progression in alternating legal practice and academia, how his experience with consequentialism informs his formalism and textualism, and what's next for the conservative legal movement.

DEIA Initiatives in the Workplace Post-SFFA

Mar 13 2024 73 mins  
In June, the Supreme Court held that consideration of applicants’ race in admissions decisions of Harvard and the University of North Carolina violated both the Equal Protection Clause of the Constitution and Title VI of the 1964 Civil Rights Act. Join us as two EEOC Commissioners, Democrat Vice Chair Jocelyn Samuels and Republican Commissioner Andrea Lucas, discuss their res

A discussion within the right: Why is there not a larger conservative plaintiffs' bar?

Mar 13 2024 80 mins  
For decades, the plaintiffs' bar has been populated by liberal lawyers who support left-wing elected officials and liberal causes, while conservative lawyers have largely joined the ranks of defense-side firms. In recent years, large public companies have become increasingly associated with political liberalism, and promoted contentious social issues that many conservatives reject

Tyranny of an organized minority: Free speech standards in higher education

Mar 13 2024 73 mins  
This panel will consider the symmetry and consistency of free speech norms in higher education. Academic norms for free speech are essential to promote the free exchange of ideas. Students and professors must be free to engage with mutual respect while drawing a line at harassment. But has academia failed to recognize consistent speech harassment distinctions? Have there even been

Academic Freedom and Freedom of Expression: Will the proposed accreditation standard support freedom of thought at law schools?

Mar 13 2024 75 mins  
Recent high-profile incidents at law schools have raised questions about the scope of academic freedom for faculty and freedom of speech for students and faculty. At the suggestion of its Strategic Review Committee, the Council of the ABA's Section of Legal Education and Admissions to the Bar, which is the primary accreditor of American law schools, has put out for comment a propos

Open Minds with Jonathan Mitchell and James Burnham - Part II

Mar 05 2024 34 mins  
In the second part of this interview, James Burnham and Jonathan Mitchell discuss areas where conventional wisdom can be challenged and how he has sought to shift the Overton window in legal discourse. Should legal doctrine eclipse constitutional and statutory text? Join us for a sweeping discussion on equality doctrine, judicial review limitations, private civil enforcement, and m

NetChoice and the Future of State Regulation of Big Tech

Feb 27 2024 75 mins  
A panel of experts from a variety of political perspectives will discuss the range of briefing and arguments in Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton. Featuring: Ryan L. Bangert, Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Vi

Race at Work: Can Businesses Treat People Differently on the Basis of Race?

Feb 12 2024 78 mins  
In June of last year, the Supreme Court held that consideration of applicants’ race in admissions decisions of Harvard and the University of North Carolina violated both the Equal Protection Clause of the Constitution and Title VI of the 1964 Civil Rights Act.But what are the implications outside of university admissions? How might this decision affect the interpretation

Competition Policy, Corporate Concentration & Freedom of Thought: Approaching the Draft Merger Guidelines

Aug 16 2023 96 mins  
The Department of Justice has just released new Draft Merger Guidelines. What are the implications - not just for how the Draft Guidelines might affect economic questions, but also for freedom of thought and the rule of law? In this afternoon session, Assistant Attorney General Jonathan Kanter and Principal Deputy Assistant Attorney General Doha Mekki will discuss these issues, the

Open Minds: Thinking like a Conservative Plaintiff’s Lawyer - Corporations' Rights and Corporate Power

Apr 25 2023 41 mins  
Judge Gregory Katsas and Ashley Keller sit down for a wide-ranging discussion of his career as a conservative plaintiff’s lawyer, how he thinks about corporate rights and corporate power, and what Citizens United might say about competing First Amendment interests of corporations and human citizens.