Prof. Miles Smith

Well, freedom of speech is kind of a tricky thing. We sort of see, forget that the whole, the question of freedom of speech developed. George Washington, for example, had a pretty capacious view. He thought that even if you're criticizing the president, you're allowed to do that. His successor, John Adams, in the Alien Conditions Act, actually passed laws against that.

Well, freedom of speech is kind of a tricky thing. We sort of see, forget that the whole, the question of freedom of speech developed. George Washington, for example, had a pretty capacious view. He thought that even if you're criticizing the president, you're allowed to do that. His successor, John Adams, in the Alien Conditions Act, actually passed laws against that.

So it's never been quite as clean as we want to think. There's been quite a few sort of, you might even call it interpretations of freedom of speech throughout the years. Abraham Lincoln, of course, used the power of the government to suppress newspaper publication during the Civil War. Franklin Roosevelt did too during World War II.

So it's never been quite as clean as we want to think. There's been quite a few sort of, you might even call it interpretations of freedom of speech throughout the years. Abraham Lincoln, of course, used the power of the government to suppress newspaper publication during the Civil War. Franklin Roosevelt did too during World War II.

So our definition of freedom of speech sort of has ebbed and flowed throughout the years. There's not one clean definition that we might want to appeal to.

So our definition of freedom of speech sort of has ebbed and flowed throughout the years. There's not one clean definition that we might want to appeal to.

Well, so I think that the problem is that the First Amendment doesn't make the government the referee.

Well, so I think that the problem is that the First Amendment doesn't make the government the referee.

freedom of speech and so for example during kovat the government sort of setting itself up as the referee of what could be published about for example health and medicine and whatnot that's not what the First Amendment did historically the government isn't the referee the government is a participant in a free speech regime and it means that the government is a player and

freedom of speech and so for example during kovat the government sort of setting itself up as the referee of what could be published about for example health and medicine and whatnot that's not what the First Amendment did historically the government isn't the referee the government is a participant in a free speech regime and it means that the government is a player and

just like all the other players when it comes to speech. The difference is the government carries the power of the sword, carries this coercive power that comes with states. But it's not the referee. And I think that's the mistake that a lot of people made during COVID. They perceive the government to be the referee. It's not the referee.

just like all the other players when it comes to speech. The difference is the government carries the power of the sword, carries this coercive power that comes with states. But it's not the referee. And I think that's the mistake that a lot of people made during COVID. They perceive the government to be the referee. It's not the referee.

The government doesn't get to tell us what's right speech and what isn't when it comes to, say, medicine or what you saw during COVID, Todd.

The government doesn't get to tell us what's right speech and what isn't when it comes to, say, medicine or what you saw during COVID, Todd.

Yeah, so I think that, for example, what the president's doing on college campuses, withholding federal money from schools where he perceives, and I think a lot of the American public perceives, to be inappropriate and even illegal protest. He's not actually trying to tell them they can't speak what they want. He's just saying the government's not going to fund you if you do that.

Yeah, so I think that, for example, what the president's doing on college campuses, withholding federal money from schools where he perceives, and I think a lot of the American public perceives, to be inappropriate and even illegal protest. He's not actually trying to tell them they can't speak what they want. He's just saying the government's not going to fund you if you do that.

And so I think what that is, is the president attempting to do what I think is in his heart and turn... all the educational universities and colleges in the United States towards what their actual mission is. Of course, the mission of education is education. It's not protest. And so maybe there's some protests that add to the mission of a college, but the mission of colleges is not protest.

And so I think what that is, is the president attempting to do what I think is in his heart and turn... all the educational universities and colleges in the United States towards what their actual mission is. Of course, the mission of education is education. It's not protest. And so maybe there's some protests that add to the mission of a college, but the mission of colleges is not protest.

And so my best guess is that the president kind of perceives that and wants to push back against the idea that colleges are are sort of places where protest is the preeminent value or even the preeminent action that they do.

And so my best guess is that the president kind of perceives that and wants to push back against the idea that colleges are are sort of places where protest is the preeminent value or even the preeminent action that they do.