Transcript
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Hello, Slate podcast listeners. Help us make a better Slate by answering our survey. It will only take a few minutes, I promise, and you can find it at slate.com survey.
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Some people are looking to the First Amendment to be the solution to our problems in the digital public sphere. And I think there's a real question, can the First Amendment be a solution here? But there's also a question, is the First Amendment the problem?
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Hi and welcome back to Amicus. This is Slate's podcast about the courts and the law and the Supreme Court and the rule of law. I'm Dahlia Lithwick. I cover some of those things for Slate. This past week has seen confirmation hearings for Merrick Garland to serve as the new Attorney general, bitter division around a Covid relief pact, and bitter division around a voting rights bill. And we're also seeing some signaling from the Supreme Court about the future of voting rights in the courts. But we wanted to turn our gaze up and out this episode to talk about the First Amendment. Everybody everywhere, I promise, is mad right now about somebody taking away their right to speak. But if the First Amendment is unerringly the answer, it's at least possible we might be asking the wrong question. So we wanted to consider speech and the regulation of speech, all the ways in which, as I am at least coming to understand it, this, the so called marketplace of ideas is at the mercy of a real life market. And all of this touches on our current global politics. Who regulates speech on Facebook and on Twitter, and who gets to impose consequences when speech is inciting of violence. Later on in the show, Slate plus listeners are going to get to hear from the wonderful Mark Joseph Stern for an exclusive segment looking at the new shape of the Supreme Court, some hints on voting rights, and also the uncanny commonalities in who gets hit with what amounts of vitriol. In the ongoing confirmation process for Justice Department positions. Slate plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Dear Prudence, and extra special members only segments like My Conversations with Mark. And you'll be supporting the work we do here at Amicus and across the rest of the magazine. It's really only $35 for the first year. It means the world to us. To sign up, go to slate.com amicus plus. The issue for us this week is speech. It's pardon me for mixing metaphors. It's the water we swim in. It's what we argue about, even when we think we're arguing about politics or law or the Constitution or democracy. Who gets to speak where? And who decides what we see and what we say? And what, if anything, does the First Amendment have to do with any of this? Our guest today is Jamil Jaffer. He is the executive director of the Knight First Amendment Institute at Columbia University. Before that, he was deputy legal director at the ACLU and director of their center for Democracy, where He oversaw the ACLU's work relating to free speech, privacy, technology, national security, and international human rights. Jameel has litigated some of the most significant post 911 cases that lie at this intersection of national security and civil liberties, including the lawsuit that resulted in the publication of the Bush administration's torture memos and the litigation that resulted in the publication of the Obama administration's drone memos. He has argued in multiple appeals courts as well as in the U.S. supreme Court. I am such a fan of his work and the way he thinks. Jamil Jaffer, welcome to Amicus.
