Entitled

We’re doing something special for this month’s episode. In October of 2023, we hosted a live recording here at the University of Chicago. Tom Ginsburg was joined on stage by renowned scholar Genevie Laikier to have a conversation about free speech on social media. In other words, it was very relevant to our current season about the right to free expression.

We’re going to share that recording with you this month. We hope you enjoy, and thanks to everyone who listened to our podcast this year.

We all know the phrase: “sticks and stones may break my bones, but words will never hurt me.” But is that actually true? Recent research in psychology has shown that words can cause a plethora of different harms. Should this make us re-think our approach to hate speech?

In the US we’ve been hesitant to regulate hate speech, while other countries have been incredibly stringent. Which approach is right, and why? And, how do we even define what hate speech is anyway?

To get some answers we sit down with Yale Professor Robert Post and Laura Beth Nielsen the Chair of the Department of Sociology at Northwestern University.

On the third season of Entitled, we're circling back to the first fundamental right: the freedom of speech. Lawyers and law professors Claudia Flores and Tom Ginsburg begin this season by peeling back the curtains of how this right is currently playing out at universities across the country. In recent years, there have been tensions — and intense clashes — around speakers invited to campus, what professors are allowed to say in the classroom, and what subject matter should even be allowed to be taught. Now, with many of these cases making their way to the courts, is free speech at universities entering a dangerous new era?

In this episode, they speak with Robert Post, Sterling Professor of Law at Yale Law School; and Ben Wizner, Director of the Speech, Privacy and Technology Project at the ACLU; and Komi Frey, Director of Faculty Outreach at the Foundation for Individual Rights and Expression.

On our last season, we focused entirely on the idea of equality from an international perspective. But when it comes to domestic questions of equality, or equity, they often focus on an important and specific topic: race. And one of the leading voices in that conversation is Dr. Ibram X. Kendi.

Kendi is most famous for his 2019 book "How To Be An Anti-racist". The book argues that the opposite of racism isn’t “not racist” but anti-racist. Meaning, rather than just being neutrally against racism you actively try to remove the inequality generated by racism and racism itself from society. This year he released a graphic novel version of his earlier history of slavery which is called "Stamped from the Beginning: A Graphic History of Racist Ideas in America"

Although we missed out on having Kendi on last season we thought, with the recent Supreme Court decision on affirmative action, that this was the perfect time to talk with him about how his views intersect with human rights, international law, the concept of the University and his thoughts on the recent case.

When it comes to discussion about the conflict in Gaza, there is an endless parade of commentators on both sides telling us what is right or wrong, legitimate or illegal, a crime or a justified attack, but in all that debate and discussion the actual international laws of war often get pushed to the sidelines.

We’re planning to do a series of episodes on this conflict in the coming weeks, but we wanted to start by getting a baseline understand on the laws of war with an international expert.

Oona Hathaway is a professor of international law and a member of the Advisory Committee on International Law at the United States Department of State since 2005. For decades, she’s been exploring the complicated legal questions that are coming to the forefront since October 7th which makes her the perfect guest for this episode.