So to Speak: The Free Speech Podcast
Episode 269: Is free speech declining worldwide?
Release Date: April 10, 2026
Host: Nico Perrino (FIRE)
Guests: Jakob Mchangama (Future of Free Speech at Vanderbilt), Jeff Kosseff (Future of Free Speech)

Episode Overview

This episode explores the so-called "global free speech recession"—the mounting pressures and declining public and governmental support for core free expression liberties around the world and particularly in democratic societies. With reference to their new book, The Future of Free Speech: Reversing the Global Decline of Democracy's Most Essential Freedom, Jakob Mchangama and Jeff Kosseff discuss free speech trends, legal and cultural backsliding, and offer insights into possible remedies and hopeful case studies, like Taiwan. Special attention is given to the threats from new technologies (like AI), government and platform regulation, and cultural shifts in support for expression.

Key Discussion Points & Insights

1. What is the "Global Free Speech Recession?"

• Definition & Evidence:

  • Democratic "backsliding" and increasing restrictions on speech are intertwined; free speech is the fundamental indicator for open democracy (06:05, Jakob Mchangama).
  • Declines documented in 44 countries from 2014–2024, affecting 5.8 billion people (08:18, Nico Perrino).
  • Freedom House: Internet freedom declined 14 consecutive years (08:18).

• Drivers of Decline:

  • “It’s like a perfect storm” (08:57, Jakob): new technologies, government reactions, and geopolitical anxieties fuel top-down control and regulation.
  • Rise of laws targeting "hate speech," misinformation, and "saving children."

2. Cultural & Legal Shifts in the United States

• Supreme Court v. Public & Legislative Trends:

  • Courts remain stalwart on principle but legislatures push the boundaries (05:13, Jeff Kosseff).
  • Specific case examples:
    • Free Speech Coalition v. Paxton and Reno v. ACLU as flashpoints in Internet regulation (12:24–12:50).
    • Concerns about children increasingly used to justify restrictions (11:36).

• Generational & Demographic Attitudes:

  • Support for free speech is dropping especially among youth in the US (10:39, Jakob).
  • Abstract support is strong; concrete support collapses over contentious content (offending minorities, AI-generated content, etc.) (10:39, Jakob).

3. Backlash to Technological Change

• From Internet to AI:
  • “All of that tends to disrupt institutional authority and that tends to be like a backlash…” (09:10, Jakob)
  • Policymakers target big tech as surrogates for going after speech, leveraging platform regulation (09:10).
  • Misinformation panics post-2016 (Russian disinformation), COVID "infodemic," and AI/deepfakes spark restrictive laws and chilling effects (19:06–21:07, Jakob).

4. The Misinformation and AI Panic

• Legislative Overreach Example:

  • Health Misinformation Act proposed to let HHS define what is true—"This is crazy. This is giving one unelected bureaucrat the authority to define what is permissible speech." (16:40, Jeff)

• Actual Disinformation Impact:

  • “No real evidence that it had significant impact on elections… But still, the narrative [of crisis] persists.” (22:36–23:52, Jakob)

• First Amendment and AI:

  • Right to access information under threat—US law is underdeveloped; international human rights law sometimes stronger on this front (25:57–27:30).
  • Danger in allowing government power to shape AI outputs: “That should terrify people…letting the government effectively be the programmer to determine what people see, what people hear.” (31:04, Jeff)

5. International Trends & Parallels

• Exporting (& Importing) Restrictions:

  • Democratic laws like Germany’s NetzDG cited by autocracies as justification for censorship (40:36–42:03, Jakob).
  • Growing convergence between democracies and authoritarian states in speech policing (39:59–42:43).

• EU Regulations:

  • DSA and UK’s Online Safety Act create duties to mitigate “systemic risks,” pressure platforms, and empower political bodies to enforce (34:41–37:01).
  • Expanding definitions of hate speech—open to abuse (37:01–38:52).

6. Principles, Culture, and Consistency

• Cultural Weakening:

  • “It’s not great… there’s a lot more thinking about short term goals and not as much thought about what it means to erode those principles.” (16:30, Jeff)

• The Problem of Hypocrisy:

  • Shift from consistent defense of free speech to political expediency—“a whole cottage industry of free speech tourists whose principles have completely imploded.” (49:53, Jakob)
  • Nico: “It wasn’t a principle. It’s okay to do it if the other side did it first. It just doesn’t make sense.” (51:06)

Notable Quotes & Memorable Moments

"Around the world, we see relatively strong support for free speech in the abstract, but collapsing support when it becomes specific..." — Jakob Mchangama (00:00, restated 10:39)

“Free speech is a meta principle that undergirds free and open democracies…across the board, free speech is in decline.” — Jakob Mchangama (06:05)

"All of that tends to disrupt institutional authority and that tends to be like a backlash, an attempt to reimpose some form of top down control." — Jakob Mchangama (09:10)

"They'll say it's about conduct and not speech, or it's about the algorithm and not speech. But overall, I think they're pretty weak excuses." — Jeff Kosseff (15:04)

"Don't you see a problem with this? ...You're being crazy. We trust the HHS secretary." — Jeff Kosseff, on the Health Misinformation Act (16:40)

“Disinformation, AI-generated disinformation is the biggest threat against humanity in the short term.” — Jakob Mchangama, referencing World Economic Forum (22:36)

“Letting the government effectively be the programmer to determine what people see, what people hear... would just be a very dangerous place if we got there.” — Jeff Kosseff (31:04)

"Free speech is a robust principle. Free speech has been around for a very short time. And in many ways, it's a counterintuitive principle." — Jakob Mchangama (31:51)

“Maybe we just need... a couple of years living under authoritarianism, where free speech is stripped away, and then...it’ll be reversed by citizens restoring democracy...” — Jakob Mchangama (32:39, on pessimistic scenario)

"Most people say, 'I'm not gullible...but the others, like the unwashed mob, they are too stupid. That's why we need someone with my ideas to be the guardian of truth.'" — Jakob Mchangama (34:21)

"Having exceptions to the rule rather than have the rule being this vague balancing test is one of the real strengths of the American system." — Jeff Kosseff (39:26)

“All of the things the administration has done to pursue its enemies... can inspire others: if America...is doing this, what’s wrong with what we’re doing?” — Jakob Mchangama (43:17)

Solutions & Silver Linings

Concrete Paths Forward

• The Taiwan Model: Radical transparency, building trust, and making government information accessible, rather than censorship, as response to disinformation (44:00–45:01, Jeff).

• Community-Driven Fact-Checking: Taiwan pioneered a crowdsourced fact-checking model now mirrored in platforms like X (Twitter) with Community Notes—“critical mass of people with very different political ideas have to agree” (46:35–48:09, Jakob).

• Platform Decentralization: Reduce government control by minimizing chokepoints—diversify venues for speech (46:06–46:35, Jeff).

• Anti-SLAPP Laws: To prevent strategic lawsuits against public participation and protect speakers from litigation burdens (48:40–49:27, Jeff).

• Consistency and Principle: Advocating free speech must be principled and not opportunistic, even when political winds shift (49:27–51:33).

Significant Timestamps

• 00:00 — Initial framing: abstract vs. concrete free speech support
• 04:50 — State of free speech in America (Jeff)
• 06:05 — The idea of a global free speech recession (Jakob)
• 10:39 — Declining public support for speech, especially among youth
• 12:24 — US Supreme Court and shifting legal precedents
• 19:06 — The 2016 Russian disinformation panic—turning point
• 22:36 — Did AI affect elections? Crisis narratives vs. evidence
• 25:57 — Is international law stronger on right to information?
• 31:04 — Why government control of AI outputs is dangerous
• 34:41 — The Digital Services Act and systemic risk regulations
• 39:26 — US categorical exceptions v. European balancing
• 40:36 — Exportation of restrictive laws from democracy to autocracy
• 44:00 — Taiwan’s proactive, trust-building approach
• 46:35 — Crowdsourced/community notes as promising fact-checking innovation
• 48:40 — Role of anti-SLAPP laws
• 49:27 — The necessity of principled consistency in free speech advocacy

Tone & Style

The conversation is candid, thoughtful, and often urgent, blending scholarly depth, humor, and well-chosen anecdotes. The speakers challenge both contemporary institutions and their own advocacy community, urging listeners toward both vigilance and consistency.

Takeaway

Worldwide, free speech faces simultaneous legal, technological, and cultural threats. Democratic societies risk converging on authoritarian models. Solutions lie in transparency, decentralized speech, legal consistency, crowdsourced accountability, and a renewed dedication to the principle of free expression—even (and especially) when it’s politically inconvenient.