Episode Summary: Ep. 234: The Chicago Canon
Podcast: So to Speak: The Free Speech Podcast
Host: Nico Perino
Guest Speakers: Tony Benoot and Tom Ginsburg, Editors of The Chicago Canon on Free Inquiry and Expression
Release Date: January 23, 2025

1. Introduction: Upholding Free Speech and Academic Freedom

In this episode of So to Speak: The Free Speech Podcast, host Nico Perino delves into the University of Chicago's enduring legacy on free speech and academic freedom. Joined by Tony Benoot, Executive Director of the Forum on Free Inquiry and Expression, and Tom Ginsburg, Professor of International Law, the discussion centers around their newly published book, The Chicago Canon on Free Inquiry and Expression. The guests explore how the University of Chicago has historically balanced institutional neutrality with fostering an environment of open debate and inquiry.

2. The University of Chicago’s Foundational Commitment to Free Speech

Tony Benoot traces the University’s commitment to free expression back to its inception during the Progressive Era, distinguishing it from older, more elitist institutions like Harvard and Yale. He emphasizes that the University of Chicago was founded as a democratic space where merit—not background—determines one's place.

Tony Benoot (00:00–07:14):
"We are, in some sense, an embodiment of the Progressive Era in which we were founded... the idea of academic freedom... became an opportunity for me to learn and more richly understand."

This foundational ethos is encapsulated in President William Rainey Harper's 1902 speech, which declared complete freedom of speech across all subjects as fundamental to the University's mission.

3. Institutional Neutrality: Balancing Free Expression and Academic Mission

The core of the discussion revolves around the concept of institutional neutrality, primarily articulated in the 2015 Report of the Committee on Freedom of Expression. Nico Perino highlights how this principle ensures that the university remains a host to diverse viewpoints without endorsing any particular stance.

Nico Perino (09:20–09:59):
"The report from 2015... guarantees all members of the university community the broadest possible latitude to speak, write, listen, challenge, and learn, except insofar as limitations on that freedom are necessary to the functioning of the university."

Tony Benoot explains that institutional neutrality doesn't equate to unrestricted speech but rather fosters an environment where ideas can be rigorously debated and refined.

Tony Benoot (10:41–12:42):
"What we really need to maximize is people's willingness and ability to challenge each other on their ideas so that those ideas are sharpened and improved through open debate."

Tom Ginsburg adds that this neutrality ensures that the university does not become a platform for political or social agendas that could undermine its primary mission of knowledge discovery and dissemination.

Tom Ginsburg (12:42–22:06):
"Free expression is essential for intellectual challenge... the seminar, the laboratory, the classroom, and the public spaces on campus coexist in one environment."

4. Navigating Protests and Free Speech Constraints

A significant portion of the episode addresses the complexities of handling protests on campus. The guests discuss scenarios where student protests, such as building occupations or overnight encampments, test the boundaries of institutional neutrality and free speech.

Tom Ginsburg (24:09–25:52):
"The university has policies around not allowing building occupation or overnight encampments for safety reasons... the expressive components are incidental to the core function of the university."

Tony Benoot underscores the challenges in enforcing time, place, and manner restrictions without falling into viewpoint discrimination, referencing incidents at UCLA and Indiana University as cautionary examples.

Tony Benoot (25:52–31:10):
"It's a tricky thing... We must have reasonable restrictions, like not allowing building occupations, but also facilitate speech... Freedom of assembly is under grave threat."

5. Historical Precedents: Defending Academic Freedom During the Red Scare

The conversation shifts to historical moments where the University of Chicago stood firm on its principles, notably Robert M. Hutchins' testimony against loyalty oaths in 1949. This pivotal stance reinforced the University's commitment to protecting academic freedom even amidst widespread anti-communist sentiment.

Tom Ginsburg (35:42–37:43):
"Hutchins focused on the purpose of the university... emphasizing open inquiry and free discourse as essential for fulfilling the University's mission."

6. Leadership and Institutional Neutrality in Contemporary Contexts

Examining modern challenges, the guests discuss the pressures faced by university administrators to take public stances on contentious issues. Referencing President Howard Levy's 1968 stance on the Vietnam War and contemporary examples like Harvard's handling of statements post-October 7th events, they explore the delicate balance leaders must maintain.

Tom Ginsburg (33:24–35:42):
"Calvin has both exception and obligation clauses... the university acts when core values are under threat."

Tony Benoot criticizes attempts by university presidents to speak out in personal capacities, arguing that such actions can compromise institutional neutrality.

Tony Benoot (55:28–57:44):
"Presidents should prioritize the 120-year-old tradition of neutrality over making statements that could divide the campus."

7. Extending the Principles Beyond Academia

In the final segment, the discussion broadens to consider how the University of Chicago's principles of institutional neutrality and free inquiry can apply to other institutions, including corporations. Tony Benoot suggests that while higher education has a unique culture of inquiry, corporations could benefit from similar principles by establishing clear policies that guide when and how they engage in public discourse.

Tony Benoot (62:38–64:24):
"Institutions should pursue their foundational purposes neutrally... Corporate leadership could benefit from principles that guide their public engagements."

Tom Ginsburg emphasizes that while policies are foundational, cultivating a culture that genuinely values free inquiry and responsible expression is equally crucial.

Tom Ginsburg (66:31–66:31):
"Cultivating a culture where free inquiry is productive and healthy is essential to our mission."

8. Conclusion: The Path Forward for Free Inquiry and Expression

As the episode wraps up, Tony Benoot outlines future initiatives aimed at fostering a culture of free inquiry within the University of Chicago and beyond. These include developing fellowships and expanding the Academic Freedom Institute to support scholarship that challenges and refines the University's core values.

Tom Ginsburg (64:29–66:31):
"We're looking to scale up our initiatives to share the tradition more broadly... enabling fellowships for scholars to engage with free expression challenges directly."

Nico Perino concludes by encouraging listeners to engage with The Chicago Canon on Free Inquiry and Expression and the ongoing efforts to uphold and extend the principles of free speech within academic and broader institutional contexts.

Notable Quotes:

• Tony Benoot (07:14):
  "The university is simply a place where we hire the best people and we let them do their thing and let them speak out as much as they want."

• Robert M. Hutchins (35:42):
  "My belief is the best way to approach these questions is from the standpoint of the academic interests of the university rather than consider what the public or the board of trustees might feel about them."

• President Howard Levy (50:30):
  "We don't want to change the kind of institution we have because another might be more attractive to people with money."

• Tom Ginsburg (43:36):
  "Free expression is not a panacea. It should be exercised responsibly."

This episode provides a comprehensive exploration of the University of Chicago's storied commitment to free speech and academic freedom. Through historical insights, case studies, and forward-looking discussions, guests Tony Benoot and Tom Ginsburg articulate how institutional neutrality serves as a cornerstone for fostering an environment where ideas can be freely exchanged, challenged, and refined in pursuit of knowledge.