Claim OwnershipThe Freedom of Thought Podcast
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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?
32 Episodes
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In Part 2, Professor Julia Mahoney joins Professor Joshua Kleinfeld to discuss freedom of thought in diverse professional worlds, from universities to law to corporations to medicine. Why have professional sectors become more ideological? Has concentration in the for-profit sector contributed to this development, and what are some possible solutions? What obligations do shareholders have to their employees? Join us for a conversation on market competition, government regulation, and more.Featuring:Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of LawProf. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
In Part I, Professor Julia Mahoney joins Professor Joshua Kleinfeld to delve into the complexities of governmental regulation and market power. What makes markets possible? How do institutions enable people to cooperate in a productive way? In what ways can they prohibit people from doing so? Tune in for a conversation on private power, free markets, crony capitalism, and more.Featuring:Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of LawProf. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
In this episode of Open Minds, Andrew Ferguson discusses his career, from judicial clerkships to the Hill to state government, and how the mentors and friends he made along the way helped shape his career and intellectual development.Andrew Ferguson and James Burnham then turn to the questions of the moment. What role can state solicitors general play in curtailing government overreach? What is antitrust law? How did a bipartisan consensus on antitrust doctrine develop? How well does it align with original understanding of older antitrust statutes? And where might antitrust thinking be headed next?Featuring:Andrew N. Ferguson, Commissioner, Federal Trade CommissionJames M. Burnham, President, Vallecito Capital, LLC
In Part 2 of Open Minds with Ryan Newman, we discuss government and private coercion and how state plenary authority plays into questions of freedom. How does concentrated economic and government power affect the democratic power of private citizens? How does a corporation's size and scale change its ability to exercise political influence? And how can conservative and libertarian discussions shift from focusing on process and procedure to inspiring substantive change?Featuring:Ryan Newman, General Counsel, Executive Office of the Governor, State of FloridaAlida Kass, Vice President & Director, Strategic Initiatives and Freedom of Thought Project, The Federalist Society
Part 1 of Open Minds with Ryan Newman covers how his upbringing in the American southwest and his less conventional career, including military service, as well as judicial clerkships, and service in both state and federal government, shaped his life and thought. What does it mean to fight for what you believe in? What grounds our rights, and are there limits to those rights? How do political leaders balance our competing interests in national crises?Featuring:Ryan Newman, General Counsel, Executive Office of the Governor, State of FloridaAlida Kass, Vice President & Director, Strategic Initiatives and Freedom of Thought Project, The Federalist Society
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 more.Featuring:Jonathan Mitchell, Principal, Mitchell Law PLLCJames Burnham, President, Vallecito Capital, LLC
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.Featuring:Jonathan Mitchell, Principal, Mitchell Law PLLCJames Burnham, President, Vallecito Capital, LLC
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.
In the second part of this interview, Matt and Prof. Kleinfeld discuss the roots of authoritarian trends we should be worried about in the United States and debate how ideological attitudes among few powerful elite have power over our cultural institutions and way of thinking.Featuring:Matt Stoller, Director of Research, American Economic Liberties ProjectProf. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
In Part 1 of Open Minds with Matt Stoller, we hear about how Matt's formative years shaped his interest in economics and government. Matt tells us about how he thinks about politics in a way that bends categories and how antitrust relates to contemporary problems.Featuring:Matt Stoller, Director of Research, American Economic Liberties ProjectProf. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
Prof. Randy Barnett joins Prof. Joshua Kleinfeld to discuss how his life experiences have informed his libertarian convictions. Along the way, he has rubbed shoulders with some of the giants in Libertarian political philosophy and made significant contributions to the legal discourse - with over 24,000 citations. Now among the most highly regarded libertarian legal academics, Prof. Barnett considers how libertarian premises might be refined to address current institutional culture war challenges.Featuring:Prof. Randy E. Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law CenterProf. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
Finally, we turn to the present moment and consider the current challenges to American free speech and culture. How does cancel culture contribute to professional blacklisting at law firms and universities? Professor Volokh tackles this issue and addresses the role of social media companies in restricting speech and participating in canceling.Featuring:Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of LawProf. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
What are the fundamentals of how free speech law works and what are the outer limits of free speech protection? Is it constitutional to allow voters to wear a Trump hat while casting a ballot? Tune in to hear Professor Volokh's perspective.Featuring:Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of LawProf. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
What made Professor Volokh the independent and influential thinker he is today? It began with an unusual childhood and education. He discusses how his early years shaped his career path, how he has developed his approach to law and doctrine, and which major justification of free speech most resonates with him.Featuring:Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of LawProf. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
Financial institutions have faced growing scrutiny for debanking customers, with no explanation. While debanking is sometimes legally necessary when banks suspect unlawful conduct, recent reports have prompted high-profile questions about the practice, including from the President himself. The lack of transparency does not help. How do financial institutions determine which accounts or services will be closed? Are these decisions driven by regulatory sensitivities, perceived reputational risk, or other considerations? Should legal limits exist on financial institutions' discretion to debank? What are the rights of corporations to choose what customers to serve and what, if any, limits might apply in an industry as heavily-regulated and protected as banks? What can be done to protect citizens' rights to participate in public discourse without fear of financial exclusion?Featuring:Nicholas Anthony, Policy Analyst, Center for Monetary and Financial Alternatives, Cato InstituteHon. Rohit Chopra, Director, Consumer Financial Protection BureauWill Hild, Executive Director, Consumers’ ResearchProf. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason UniversityModerator: Megan McArdle, Columnist, Washington Post
Prof. Richard Epstein joins Prof. Todd Zywicki to discuss his academic journey, where he learned early on, particularly through the lens of Roman law, that legal issues cannot be understood by mere definitions, but by understanding deeper substantive theory. Prof. Epstein emphasizes valuable lessons he learned along the way, such as the importance of figuring out where one’s particular strengths lie and how to “do” law by oneself. How does one transition from a dutiful student to a sui generis thinker? Join us for an engaging discussion on Prof. Epstein’s evolution of academic thought and the adaptation of Roman law and early English common law to the world around us.Featuring:Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of LawProf. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
At this Freedom of Thought Project event, panelists will discuss the current political landscape in the U.S. and how rhetoric from political leaders impacts our judiciary, society, and our freedoms.Featuring:James Burnham, President, Vallecito CapitalJay Edelson, Founder & CEO, Edelson PCProf. Nicole Stelle Garnett, John P. Murphy Foundation Professor of Law, University of Notre Dame Law SchoolModerator: Megan McArdle, Columnist, Washington PostAnd later featuring:T. Elliot Gaiser, Solicitor General, OhioEric Wessan, Solicitor General, IowaModerator: Megan McArdle, Columnist, Washington Post
At this Freedom of Thought Project event, panelists will discuss the current political landscape in the U.S. and how rhetoric from political leaders impacts our judiciary, society, and our freedoms.Featuring:T. Elliot Gaiser, Solicitor General, OhioEric Wessan, Solicitor General, IowaModerator: Megan McArdle, Columnist, Washington Post
Featuring:Hon. Andrew Ferguson, Commissioner, Federal Trade CommissionModerator: Hon. Paul B. Matey, U.S. Court of Appeals, Third Circuit
What responsibility do states have in protecting the rights of their citizens? How should we think about rights like the freedom of speech — do rights operate primarily as a limit on government power, or do they protect the natural rights of the citizen? Which framework is more consistent with original understanding? What limits applied to freedoms of speech — to what extent were they regulable by government and for what ends? How were rights defended and enforced?Featuring:Prof. Randy Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law CenterHon. Rohit Chopra, Director, Consumer Financial Protection BureauProf. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of LawProf. Maimon Schwarzschild, Professor of Law, University of San Diego School of LawJonathan Urick, Associate Chief Counsel, U.S. Chamber of Commerce Litigation CenterModerator: Hon. Kyle Duncan, U.S. Court of Appeals, Fifth Circuit
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