In short
Free speech under pressure from surveillance, AI, and expanding censorship laws; how to preserve truth-seeking while avoiding overbroad regulation.
Guest background
Greg Lukianoff is president of FIRE (Foundation for Individual Rights and Expression). He has testified multiple times before Congress on AI and civil liberties and previously worked with/at the ACLU (1999). He is a civil libertarian and author (e.g., Freedom from Speech; Canceling of the American Mind; article “The Eternally Radical Idea”).
Key claims
Misconceptions and incomplete knowledge are normal, so speech is valuable as “data” for finding what’s wrong. Power seeks control over “truth,” so AI regulation risks becoming thought control. Existing laws already cover many harms (e.g., defamation), but vague “algorithmic discrimination” rules could chill truth by making models liable for downstream misuse. Government should be a last resort; first solutions should be narrow, precise, and industry/standards-based.
Notable examples
Larry Bouchard jailed in Tennessee for a Charlie Kirk-related meme; UK arresting thousands for speech; Canada considering life imprisonment for “speech crimes”; Lucy Letby jailed after a viral tweet calling for arson; discussion of spam/Section 230 and FCC mission creep.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOThe Dangers of AI and Surveillance
0:00 to 0:48
Discussing the unprecedented levels of tyranny achievable through AI and surveillance.
“Obviously we're used to the idea that the unfree world is not free, but the level of tyranny that you can actually achieve with a combination of surveillance and AI is unprecedented.”
Free Speech as a Win-Win
1:41 to 3:16
Greg Lukianoff explains why free speech is essential for societal progress.
“First, sort of to kick us off and in theme with the name of the podcast, Greg, can you perhaps explain to everyone why you believe free speech is a win-win for all?”
Censorship Trends in the UK and Beyond
3:19 to 4:19
Examining the shifts in free speech and censorship internationally, especially in the UK.
“Like how do we, especially as the world gets more complex, how do we truth seek if we are limiting the types of opinions that we can even hear?”
Challenges to Free Speech in Modern Society
4:21 to 8:00
Discussing the increasing repression of free speech in various countries, including the US.
“And it literally just said, at your discretion.”
The Case of Larry Bouchard
8:01 to 11:40
Analyzing a specific incident of censorship involving a meme and its implications for free speech.
“On the left side of the spectrum, there is a very kind of European sort of enlightened censorship idea that is extremely repressive.”
Technology and Free Speech in the AI Era
11:43 to 14:00
Exploring the intersection of technology, AI, and free speech, including regulatory concerns.
“And I'm curious what your thoughts are on how the environment right now around the topic of technology stacks up, particularly compared to the early internet era.”
The Impact of Censorship on Trust
14:00 to 14:56
Explore how censorship affects faith in expert knowledge and reality.
“And the idea that the same people who I think sincerely damaged our faith and the knowledge that our expert class produces, partially because they got very rigid for a while there, there was a lot of censorship.”
Navigating Power Dynamics in AI Regulation
14:56 to 15:49
Discuss the various pressures influencing AI regulation and governance.
“I mean, I definitely want to get into the idea of like what kind of sane, small L liberal regulations we can implement.”
Lessons from History: Civil Liberties and Technology
15:49 to 17:06
Learn from historical examples of regulatory challenges in technology.
“Um, but as, you know, someone who's seen, you know, what can happen if you pass something that is too vague, too broad, um, I get very worried about that ever being the first solution.”
The Risks of Broad Regulatory Powers
17:06 to 18:18
Understand the dangers of vague and broad regulations in tech.
“And I think that we need someone being brave enough to be that organization now.”
Show all 32 chapters
Institutional Challenges: ACLU and FCC
18:18 to 19:29
Examine how prominent institutions have deviated from their original missions.
“And we are much more like, no, free speech, open exchange of ideas, freely flowing information has given us practically everything.”
Mission Creep in Advocacy Organizations
19:29 to 21:11
Discuss the issue of mission creep in organizations like the ACLU.
“I think when it comes to the FCC and the ACLU, the problems are very different.”
AI, Free Speech, and User Rights
21:11 to 22:37
Explore the conflicts between AI curation and user speech rights.
“I want FIRE to be the organization that proves that supposed law wrong, but you have to be active about it.”
Self-Regulation vs Government Intervention
22:37 to 24:12
Debate the need for self-regulation in the tech industry versus government action.
“And perhaps that goes against the values of the AI company has put into their AIs that, hey, it's not meant to discriminate against these certain physical attributes or whatever.”
Understanding Existing Legal Protections
24:12 to 25:11
Learn about how current laws already address many AI-related threats.
“And meanwhile, one thing that is very important for people to understand, besides the sort of self-regulation part of it, is that we have pretty clever laws on the books.”
Concerns about AI and Bioterrorism
25:11 to 26:16
Examine the risks posed by AI in the context of bioterrorism.
“And I do think we underestimate how cynical you actually should be about what regulation, particularly bureaucratic regulation, will actually accomplish.”
The Challenge of Regulating Dangerous Information
26:16 to 28:00
Discuss the complexities of regulating harmful information in the age of AI.
“because you know before it would be if you wanted to cook up a novel virus or even like get the smallpox virus, download the genome and print it and disseminate it.”
Algorithmic Discrimination Laws and AI
28:00 to 29:51
Explore concerns about algorithmic discrimination laws and their implications for free speech.
“But I do think that we always have to apply skepticism and we have to think about unintended consequences.”
The Arms Race in AI Development
29:51 to 31:30
Discuss the pressures in AI development and the need for a balanced approach to avoid recklessness.
“What are your observations and what do you think could actually help with the current arms race?”
Navigating Dystopian Futures
31:30 to 34:21
Examine potential dystopian futures and the importance of transparency and regulation in tech advancements.
“you know, and it's, to me, it's a very passive way of viewing the world.”
Truth-Seeking in a Flood of Information
34:21 to 38:44
Investigate how to uphold truth-seeking amidst the avalanche of misinformation in media.
“That's actually the function of our system for knowing what is true.”
Innovative Approaches to Integrity in AI
38:44 to 40:05
Discover potential projects aimed at enhancing integrity and truth in AI applications.
“Any thoughts on if you could wave a magic wand and design such a platform, what would be the values you would go for?”
Free Speech and Changing Norms
40:05 to 42:01
Delve into the implications of free speech erosion through recent social media cases and historical perspectives.
“walled garden approach, where basically the idea is you get points, you get ups, you know, for showing integrity when it comes to questions.”
Examining Historical Examples of Free Speech
42:01 to 44:00
Explore instances where nations have reversed trends against free speech.
“And in her rage, she said something to the effect of, this shouldn't be happening.”
The Role of Organizations in Free Speech Advocacy
44:01 to 46:12
Discuss the importance of organizations like FIRE and their global impact.
“There was one before it by the Free Speech League who was all like defending nude bathing and this guy Theodore Schroeder just freaking loved, like just a bunch of weirdos.”
Power Dynamics in Free Speech
46:13 to 48:58
Analyze the responsibilities of influential figures in promoting free speech.
“Because basically the trick is, because a lot of the issues that are very hot in the EU and the UK, sometimes they're about transgender issues, and that's gotten a little bit less crazy.”
Speech Control as Thought Control
48:59 to 51:26
Investigate the connection between controlling speech and controlling thoughts.
“And in an unapologetic way for free speech, because there's nothing to apologize for, it's valuable to know what people really think.”
Cultural and Legal Perspectives on Free Speech
51:27 to 55:53
Examine the interplay between legal protections and cultural attitudes towards free speech.
“And there were some cases like this 12 years ago where people were getting canceled for stuff that they said, not knowing they were being recorded.”
Navigating Alumni Influence on University Policies
56:01 to 58:10
Learn how alumni can impact university culture and policies regarding free speech.
“If you're an alumni of a university that seems to be going into a liberal direction, you know, what is some advice you would give?”
Engaging in Difficult Conversations About Free Speech
58:11 to 59:53
Explore effective strategies for discussing free speech with friends and family.
“I mean, trying to bring more alumni along is huge because they have a lot of influence.”
The Historical Context of Free Speech
59:54 to 1:02:49
Understand the historical significance of free speech and its role in protecting minority opinions.
“Speech is the best replacement for violence ever invented.”
Freedom of Speech: A Fundamental Right
1:02:50 to 1:03:26
Discover why freedom of speech is crucial to American democracy and individual rights.
“That's why we gave it checks and balances.”
Transcript
Automatic transcript. May contain errors.0:00Obviously we're used to the idea that the unfree world is not free, but the level of tyranny that you can actually achieve with a combination of surveillance and AI is unprecedented. There's this kind of primitive view of freedom of speech that if you say something that isn't true, there's no value in that. But that's complete nonsense. Misconceptions rule the world. Incomplete knowledge is the norm. If you think of speech more like data, you start to understand how it's incredibly important to know what people get wrong. But also the way we figure out what's true is from what Karl Popper calls conjectures and refutations, that essentially we make a theory and then other people shoot it down.
0:37One thing that I think is very much like thought control, almost identical to it, is when someone takes great efforts to make sure that they were just talking in their own house, for example. And there were some cases like this like 12 years ago where people were getting canceled for stuff that they said not knowing they were being recorded. That is a lot like policing thought. Hello and welcome to the Win Win Podcast. Today's episode is all about free speech. And it's a special one because I'm collabing with Fire.org, an organization which has been fiercely defending free speech for many, many years.
1:11So I sat down with their president, Greg Lukianoff, to discuss everything relating to free speech in our current times. Because, as you may have noticed, it's under a lot of pressure. And this is especially true now that we are entering into the AI era. So I'm super excited to share this with you because if you ask me, the intersection between free speech and AI is one of the defining issues of our time. So here is my conversation with Greg Lukianoff.
1:41First, sort of to kick us off and in theme with the name of the podcast, Greg, can you perhaps explain to everyone why you believe free speech is a win-win for all? Oh my God. I mean, I've devoted my life to freedom of speech because I think it's humanity's ultimate win-win. I think it is the technology that allows us to increasingly be non-zero. And I think we really underappreciate it. It's something that lets you be. We have this norm and law in the United States that lets you be your authentic self, and we take it for granted. And from being your authentic self, we gain knowledge about what people are really like, what their preferences are, how much you can charge someone for something, whether or not a phobia exists, whether or not conspiracy theories are prevalent, whether or not someone has a fix to the problem you've spent your whole life trying to discover, and we still take it for granted.
2:35Free speech is the ultimate technology for peace because people forget that how have we historically solved our differences for most of our existence? Violence or the threat of violence? Usually more the threat of violence. But free speech is about being able to solve things through discussion, persuasion, through words. So when sometimes people get mad that words can sometimes be heated or mean, I'm always like, yeah, but it sure beats the alternative. We're trying to actually fight something out and we're doing it rather with bullets and swords. We're doing it with arguments. So I do think that free speech is probably the ultimate win-win technology.
3:16Yeah, I sort of view it as a form of collective intelligence. Exactly. Yeah. Like how do we, especially as the world gets more complex, how do we truth seek if we are limiting the types of opinions that we can even hear? Yeah. Yeah. I met Liv at TED last year, and that was a big theme of what I was talking about in my TED Talk, is just people need to think that there's this kind of primitive view of freedom of speech, that if you say something that isn't true, there's no value in that. But that's complete nonsense. Misconceptions rule the world. Incomplete knowledge is the norm. So if you think of speech more like data, you start to understand how it's incredibly important to know what people get wrong But also the way we figure out what's true is from what Karl Popper calls conjectures and refutations That essentially we make a theory and then other people shoot it down But it was really awesome to meet you at that event Thank you So, you know, I come from the UK where obviously we have a very different I'm so sorry listen there are many wonderful things about the uk don't get me started on that but my mom's british so i know but i you know as as a recent immigrant to texas where you know one of the first things i noticed when we um when we first moved here was i remember i was trying to take a jet ski out on the lake your jet ski in fact of someone in the audience um my friend bill and i was like wait what what's the speed limit here uh there must be a speed limit on this lake because this jet ski went up to 80 miles an hour and looked up online.
4:54What does it say? And it literally just said, at your discretion. Don't hurt anybody. Don't hurt yourself, but at your discretion. And I was like, I'm home. You know, because you guys have freedom of speech literally baked into your constitution. Whereas in the UK, we don't. However, it does feel at least sort of observationally that things are starting to trend more in a direction, perhaps away from that, even here in the US. So I'd love to hear your thoughts on what your latest observations are, not only here in the US, but also abroad. Yeah. So this is the bummer part of the podcast. Okay. So obviously we're used to the idea that the unfree world is not free, but the level of tyranny that you can actually achieve with a combination of surveillance and AI is unprecedented.
5:49The level of tyranny that you're able to have in places like China, and I think even worse in some ways, Iran, is terrible. And then of course, in my father's country, Russia, it's giant mafiatocracy, and certainly there's no free speech there. But the thing I've seen coming for a long time, but has gotten much, much worse just in the past several years is the lack of free speech in the European Union, but most heartbreakingly, the lack of free speech in my mother's country, a place that I spent some of the happiest years when I was a kid, Britain. They used to laugh at us for our political correctness in Britain.
6:30You'd go to the pub, you'd smoke them cigarettes, you'd drink some pints, and they would laugh at us for being so stuffy. And somewhere around 2015, it's like the UK decided to sprint to catch up and outdo us in terms of censorship. And now they are literally arresting thousands of people a year for speech that would be absolutely protected in the United States. I did a giant article for this in my substat called The Eternally Radical Idea. And it was even worse than I understood. Our next door neighbor, Canada, is considering actually having life imprisonment for certain speech crimes. Ireland.
7:08Yeah. Like what? for basically hate speech if it's intense enough, things that would be protected in the US. Same thing in Ireland. So they haven't actually passed it yet, but still, the idea that this is even seriously considered. Australia has, I mean, and all of these countries, by the way, have national security laws that prevent the UK from, but in Australia and Canada from covering things that we take for granted, you could cover about the government in the US. And this has been my entire career. So the only like remaining player that is unapologetically pro-free speech is the United States.
7:47And we are blowing it here too. So right now I wrote a book called Freedom from Speech back in 2014. And I feel like we're heading more rapidly in that direction than I ever expected. On the left side of the spectrum, there is a very kind of European sort of enlightened censorship idea that is extremely repressive. And on the populist right, there's this idea that kind of, that essentially, you know, things that are against Trump, things that are going, that are pro-woke should also be censored. And I haven't seen it this bad in my career. And I do feel like it's fire to a large degree. And, you know, we few, we lucky few manning the walls but that's why it's all the more important that we have to be unapologetic in our in our defense of what we learn from letting people simply talk yeah i thought actually um you guys wrote a blog recently about in particular i think he was a an ex uh ex-army soldier or someone but in tennessee yeah who got put in jail for 31 days for a meme that one is yeah that's larry that's here in Tennessee.
9:00Yeah. What went wrong there? Because that's surely like, that just makes no sense whatsoever. Yeah. No, this is easily one of the worst cases I've seen in my career. It happened post Charlie Kirk. So Charlie Kirk being murdered, by the way, absolutely horrifying, you know, and watching people celebrate it. I just thought that was, I mean, I disagree with Charlie Kirk about any number of things, but I always admired the fact that he would actually go and argue with students. And actually him being murdered caused me to like go back and watch some of those debates. And I was pretty impressed, honestly, was how patient he often was.
9:36I even went to Utah Valley University to speak. And I should say, I was a little creeped out that I was going, you know, right after Charlie Kirk was killed. There was a little bit of, you know, my family was not happy I was going there. And that's crazy that I should have even like the slightest bit of fear. But Charlie Kirk, who was very much on the record saying great things about free speech and that there's no right not to be offended and all this stuff, the administration took advantage of this to go after a lot of political enemies for saying sometimes genuinely insensitive things about Charlie Kirk, or sometimes people saying things that were about as insensitive as what I just said is that I disagreed with him about any number of things.
10:21But the single worst case was Larry Bouchard in Tennessee. He's an ex-cop, but he's kind of like the liberal gadfly of his hometown. And he's always kind of picking on the more conservative people. And when there was a movement to go and have a memorial for Charlie Kirk, he published a meme of Donald Trump saying with the quote, we have to get over it, which Trump had said in response to a school shooting in Iowa, I think, in Iowa. And the claim was, and this is, if this sounds dumb to you, yes, it's dumb, that there's a similarly named high school in Tennessee, and students would understand that somehow as being a threat upon the lives of the students in Tennessee.
11:21And therefore that justified him going to jail. He was held for 37 days. You have to go back to the 1920s in the United States to find someone put in jail for obviously protected free speech. So it's a rough moment for free speech. So I'd love to pivot to the topic of technology specifically, because now we're obviously in not only the social media age, but also the age of AI. And I'm curious what your thoughts are on how the environment right now around the topic of technology stacks up, particularly compared to the early internet era. Yeah. Yeah, that's a great question. And it's something I think about all the time.
12:06My staff is tired of hearing me talk about it, to be honest. I mean, JT can attest to this. That I'm always talking about how we need to be doing more in the field of technology. because I was asked to testify about AI maybe two or three years ago. And I testified before Congress. It was maybe like the fifth time I testified before Congress. But what a circus it's actually become. That testimony has been genuinely embarrassing. But my point there, I was like asked to talk about something that was more, it was by a Republican senator, and he wanted me to talk about something that was much more partisan.
12:44I was like, no. I'm going to show up and I'm going to testify what is clearly happening right now. There's been a very expensive effort on Capitol Hill. And I live, I used to live on Capitol Hill. And now I live like a Navy yard, which is like just walking distance from Capitol Hill. My morning walk is around the Capitol. And it's very obvious, a lot of money being spent trying to get Congress people freaked out about the threats of AI so that they pass really strict regulations against it with a very obvious, the oldest play in the book, an attempt to actually get regulation that favors a number, a small number of incumbents.
13:24This is something Mark and Friesen actually later said was exactly what was happening, exactly what he was being told was happening. So I testified about that's the thing that scares me the most. And my job as a civil libertarian is to make sure that power stays as far away from being able to control our engines of truth as possible. Because if there's one thing that power has always wanted, it's control over truth itself. Like one of the things that we were just so concerned about, one of the reasons we were so concerned about the regulation of AI was because we started out battling a lot of the censorship on campus.
14:04And the idea that the same people who I think sincerely damaged our faith and the knowledge that our expert class produces, partially because they got very rigid for a while there, there was a lot of censorship. I wrote a whole book about it, that it really has undermined our sort of faith in commonly held facts. That if the same people, if we have, say, three AI industries, three AI companies, imagining it, it would be those people basically deciding what objective reality was for the operating system of the planet. And so I'm very much see it through the lens of making sure that whatever regulation we pass, that we make sure that we keep small liberalism in mind, that it's not supposed to be something that power can control itself and power wants it desperately.
14:55Yeah. I mean, I definitely want to get into the idea of like what kind of sane, small L liberal regulations we can implement. But perhaps before we go there, I'd love to understand also sort of how, because there are many different sort of forms of pressure points where this sort of power can be applied. You've got obviously governments, you've got the platforms themselves, but then you've got like app stores, the payment providers or the payment rails, the advertisers, safety NGOs. So is there like some kind of power ranking here that you have? Or like, how do you sort of think about where to try and apply your efforts?
15:31You know, we're mostly focused on state and federal law. That's what we're, that's what we can control the most. That's what we have the most influence on. But there's now something like 1 ,200 or 1 ,300 AI specific bills across the country. And some of them, you know, regulate things that I think people would be like, oh, that sounds good. Um, but as, you know, someone who's seen, you know, what can happen if you pass something that is too vague, too broad, um, I get very worried about that ever being the first solution. So, I mean, from a civil liberty standpoint, we had two different outcomes for two different technologies over history.
16:12We had the 1990s where amazing organizations like the Electronic Frontier Foundation and Anne Beeson's ACLU came out and fought. And by the way, this is the reason I went to law school because of this fight. came out and fought against overbroad, vague regulations that would have basically killed the internet in the cradle if they had been allowed to stand. And I think that we owe them a debt of gratitude, even though there's a lot of people today who thinks like 230 was a mistake. I think that's insane. Section 230. Section 230 is, it protects ISPs, internet service providers, from liability for content that their users put online.
17:00So it's like distinguishing between publishers and just being platforms where speech goes. Yep. And I think that we need someone being brave enough to be that organization now. I'm saying, actually, we want to be very careful in how we do this. And the first solution in a liberal society cannot be a massive new law. So we think it went really well in the 90s. The example where it didn't go well was the 1930s when we created the FCC, the Federal Communications Commission, to address a real problem, but a pretty modest problem. That essentially, if you're having radio stations, the electromagnetic spectrum needs to be divvied up in some sensible way, because otherwise you'd have everyone sort of crowded on each other.
17:50And that's a pretty discreet task. The FCC is why you had Jimmy Kimmel being threatened with being punished. The FCC is an institution at this point, a giant bureaucracy that polices things that have nothing to do with the electromagnetic spectrum that shows you how the best of intentions, the clearest of problems, can result in something dangerous and terrible downstream. So I'm hoping, and FIRE actually has a very small tech practice. I think we need to have a much bigger one at FIRE to take on this fight because I think that there's sort of free speech light right now in a lot of circles where it's like a vaguely apologetic sense of like, well, we were fools before about Section 230 and we got all these things wrong.
18:40And we are much more like, no, free speech, open exchange of ideas, freely flowing information has given us practically everything. And we need to fight for that. Because you also mentioned the ACLU. My experience of the ACLU since I moved to America is sort of seeing, frankly, a lot of heinous... I mean, they do, again, they're still doing good work, but there's a lot of, again, politically correct, shall we say, is a nice word for it. Excessively politically correct. It almost feels like the institution itself has become somewhat hijacked by a lot of people with a very particular political view.
19:16Has that also similarly happened with the FCC? And what is this mechanism that is making these formerly great institutions become almost detrimental to what they originally started out to be? I think when it comes to the FCC and the ACLU, the problems are very different. You know, when you, I think that there's a problem anytime you have immortal institutions, you know, things, businesses have the good sense and politeness to simply die. There's competitive pressure. Yeah, to go bankrupt. And there's something very healthy about that. Whereas I think a lot of the corruption that we see in universities, and I do actually think some of it is worthy of the name corruption, is from the fact that they are semi-immortal institutions.
20:02So when it comes to the ACLU, the ACLU has a mission creep problem that has hurt it. And it's something that even like some of the primary people at the ACLU will explain this. And one is that they have 19 practice areas. It's something that fire, you know, like I'm a former ACLU guy. I worked there back in 1999. we were founded by one ACLU guy and one former ACLU guy. The former president of the ACLU is actually a senior fellow at FIRE and the former executive director of the ACLU is on our advisory council. So like we, you know, we try to learn from the things that we think that they didn't get quite right.
20:45And that's one of the reasons why we only do one thing. Having 19 practice areas means that you have all sorts of pressures pulling in other directions. One thing that we also really try to do is make sure that we have political diversity, because that's going against, there's a thing called O'Sullivan's curse or O'Sullivan's law, that essentially any group that is not explicit, and this is the theory, but any group that's not explicitly conservative will eventually become leftist over time. I want FIRE to be the organization that proves that supposed law wrong, but you have to be active about it.
21:22You have to actually make sure you have people who vote for different candidates in this environment, by the way, working together on projects, or else you do have a tendency to drift. So I do think O'Sullivan explains a lot of the leftward drift of some of these organizations. When it comes to the FCC, I mean, it's just a typical thing about bureaucracies is they just tend to grow and borrow new things and get reutilized, and they have a vested interest in being alive forever. I mean, all the efforts to get rid of the department of education, for example. And I don't know if we're ever going to get rid of the department of education.
21:59So going back to AI, we have the First Amendment and that obviously applies to protect people, people's speech. It also applies to the AI company's rights to be able to curate their models. Yeah. But I can see a point at some point in the future where those two things, where you're trying to like you're trying to protect the free speech of the user and their ability to prompt and get answers from the AIs that actually fit with their values and the AI company's rights to curate them because you know I it won't be I don't think we're that far away from where we almost have AI agents that are almost our interface between us and the internet you know I want to go on a dating site hey find me a dating site but by the way I only want to date men who are over six foot five tall and of this race and of this age.
22:55And perhaps that goes against the values of the AI company has put into their AIs that, hey, it's not meant to discriminate against these certain physical attributes or whatever. So how do you think about that conflict? Because I think that's, I mean, some people think, oh, this is years away. I don't think it's more than a few years away, frankly. What's the way that we can start navigating this? Yeah. I mean, first and foremost, you do need the different companies talking to each other and trying to actually take seriously some of the potential threats and trying to figure out ways within the industry to self-regulate.
23:31And I know that never sounds satisfying to people, but I think about, for example, the very simple problem with spam in the 90s. You know, like there was some legislation, but there was also mostly companies coming together and developing standards for making sure that the email wasn't murdered in the crib by spam. And I think that you can actually achieve a lot through those conversations, and I think those need to happen. I think we have fallen a lot more into a situation where we think a little bit, not to stereotype, but a little bit more like Europe, where we kind of think about what government can do first.
24:11I think that government needs to be sort of like the solution of last resort in many of these cases. And meanwhile, one thing that is very important for people to understand, besides the sort of self-regulation part of it, is that we have pretty clever laws on the books. We're a common law country. A lot of the problems and threats that people see coming from AI are already things that are illegal. They're already things. So people will always talk about, like, what if someone creates a deep fake that completely makes someone convinced that someone is a pedophile? That is illegal. That is defamation.
24:49That's unlawful. That is defamation. That is false light. That is any number of torts. And people, by the way, have tried to do all of these problems that we foresee coming from AI in paper and in the meat world, you know, essentially. So I do actually think that we underestimate how much existing laws already do. And I do think we underestimate how cynical you actually should be about what regulation, particularly bureaucratic regulation, will actually accomplish. Sure. That said, I don't carry perhaps the same faith as you that these AI companies will self-regulate as well. Because I've been involved in AI safety for seven, ten years now.
25:40And there's a lot of hot air. They always say the right thing. And then they'll go and do the exact opposite. In part because they're under just such intense competitive pressure. the incentives are just you know they're in this like do or die race um and
26:02there's
26:05have you seen every can you point to an example where you think that the existing laws like okay so take take for example um the risk something i'm very concerned about is is bioterrorism yeah because you know before it would be if you wanted to cook up a novel virus or even like get the smallpox virus, download the genome and print it and disseminate it. You'd need to have a PhD level education, probably a few million dollars and access to a lot of very careful proprietary information. LLMs are democratizing that at an astonishing rate. So it's not only the level of education you need, the amount of money, but it can literally provide you a step by step, like, you know, bioweapons for dummies type instructions.
26:53How does that, how do existing laws sufficiently protect against that? Well, any attempt to actually make a bioweapon is, of course, illegal. And of course, it requires actual materials that you can heavily regulate, that you can keep a very clear eye on. But we're not doing that. Well, we should be. Okay. And to be clear, this is also a problem that existed previously. When there was a big fight about whether or not you could publish an article about how to make a nuclear weapon, and there was a big fight over whether or not a court could actually prevent the publication of that. And actually in the 70s, a court did actually prevent the publication of that.
27:37So there are ways to appeal if you consider it that much of an emergency. But the interesting thing was that that information turned out was actually already completely out there in equally accessible forms. So the battle against the flow of information, I do think is probably a losing one. Could I imagine some narrowly constricted law that wouldn't do that much harm? Potentially, yeah, I can. But I do think that we always have to apply skepticism and we have to think about unintended consequences. Partially from this, so I'll give I'll give you an example. One of the laws that embodies what I'm the most concerned about are called algorithmic discrimination laws.
28:19These are laws that they're inspired by EU policies, but weirdly advocated in Texas by Republicans. I don't really understand why we have theories. And the idea there is that if you imagine AI to just be something that generates, for example, like, do you want to give this person a loan? You know, like that are very niche purpose type devices that if it starts saying that, you know, discriminate against this person or discriminate against that person, that's a problem. But the way you generally punish that is anyone who actually discriminates against somebody, that person is liable for the problem.
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28:59But the way are written is essentially that if your library, essentially, if your LLM gives someone information that can then is used to justify discriminatory behavior, the LLM is responsible. And to me, this is insane because it basically means that you're telling the library, don't publish anything that could get this library sued or anything that the government doesn't approve of. So as far as something that I think is just incredibly poorly thought out, I think that that's one of the most dangerous ones because it goes at truth itself. But before I go any further, I kind of want to – you're so deeply involved in this.
29:41Since FIRE is actually trying to go deeper on our tech work and we want to expand it, but we don't have a team as big and rich as we want at this point. What are your observations and what do you think could actually help with the current arms race? You know, we have one thing in our advantage, which is the majority of the leading labs are based not only in the Western world, but they're based in the US. Yeah. They all speak English. They all share a culture. They all largely are aligned with Western values. And from sort of my conversations with various people at those labs, like they all express the same thing as like, we wish we weren't having to be so reckless.
30:21We wish we weren't having to race so much. But like we just, if we don't, that guy will. And then on top of that, there are, I think, very real concerns that, you know, we don't want to lose to China. I think the first and foremost thing, I think with any kind of like multipolar trap like that is like calling it out for what it is. Yeah. And saying, OK, we're like encouraging people to say, put their hand up and be like, I would like to slow down and not just like pointing and laughing at them being like, you know, oh, that's that's oh, you're just saying that because you're losing, which is often what people are told.
30:52Yeah. And that's how people feel pressured not to even say it. So like incentivizing people to come thinking and be like, look, we would like to actually slow down, but coordination is hard. So at least that starts a dialogue there. And then I hope that someone is doing a bunch of diplomatic backchalleling to China, for example, because they don't strike me as particularly a culture that wants to lose control to its AIs or to people, you know, empower a bunch of bad actors who will then take over, you know, cause chaos within that nation either. So in theory, those incentives should align. But there's just so much like blustering and sort of bravado going on that it's almost like laughed at if you even try and suggest, you know, and it's, to me, it's a very passive way of viewing the world.
31:41Oh, there's nothing we can do about it. It is just the techno capital machine. We must, you know, we will go as fast as possible. So I think just making it be okay to say, actually, it's okay if you talk about coordinating. And of course, coordination does not mean pure cooperation. It doesn't mean that everyone going into one entity, you can still have competition. But yeah, I think that's one thing. And then, I mean, another thing I would love to just see more of in general is transparency. You know, having, there've been very successful efforts when we were in the height of the Cold war to again through diplomacy and treaties at one point we had 70 000 nuclear weapons and we brought that down to 12 000 the game theory said that shouldn't be possible yeah right and you were in this Nash equilibrium but um through a lot of diplomacy and some like bare minimum sort of transparency just around safety protocols right now I don't think the labs are even doing much sharing of their safety protocols yeah but there's should really be they should all be incentivized to do that, you're not giving away your competitive advantage, or not particularly.
32:44So, yeah, I think those are sort of the directions we want to see more transparency and probably some kind of third party as independent as possible, dare I say it, regulatory body. Because it's true, you know, there's sort of two attractor states. We've got the – well, two attractor states are two types of dystopias. We've got the 1984 dystopia of nightmare, like no free speech or wheelian thing. But then there's the other dystopia, which is like Mad Max. Yeah. Where there's just bioweapons being let off everywhere, cyber attacks, infrastructure collapse. I thought you meant more like the Burning Man part of it.
33:25It's just the aesthetic. Inside, it's actually surprisingly coordinated. But yeah, but they're two very real attractive states and they can both simultaneously happen. Yeah. So we need to find a way to sort of find some third option and preserve free speech. And, you know, aside of the, you know, because like there are these growing catastrophic risks. If they happen one time, we're all done. So it's like how to weigh that risk off. But actually another one I want to ask you about is, you know, with LLMs now, the cost of producing and just flooding the internet, flooding the media, our information ecosystem with just garbage text.
34:04Yeah. is approaching zero. That surely is a, you know, like, again, how do we, I don't think we have any laws that protect against that. Yeah. Or am I wrong? We don't have laws to protect against that, but that's not the, that's not the function of the law. That's actually the function of our system for knowing what is true. And this is one of the reasons why, like, so I'm working on a book called Neuroscience of Knowing. We'll probably have a more accessible title at some point, but it's all about freedom of speech and truth seeking. And I do think that that's the most important mission of kind of like why we have freedom of speech in the first place is to understand the world as it is.
34:48It's our only shot at actually understanding the world as it is. And how do we do it? We do it through competing systems. We do it through checks and balances, essentially. So Montesquieu is totally right for government. Like we need things actually, you know, bashing into each other. And that's generally how we get to some amount of expert consensus around things is actually through a ferocious fight about what usually actually about not what is true, but what isn't true. You know, truth is basically a cloud, you know, of what might be true around everything else we pulled away, but it can actually be really quite powerful.
35:24The problem we have now is that we don't trust our expert class. And that's actually how you have a shot at knowing what's true. Now, I'm, you know, I use the term elite as just, you know, kind of anybody who's kind of like even tangentially part of the ruling class of any given system. And I think, and I'm a bad member of that, because I'm constantly, I think what we're supposed to say is essentially, and it's all a conspiracy against this. This is something that Lee Bollinger at Columbia is saying. It's not higher ed's fault. They didn't do anything wrong. If it had a Princeton ice grouper, basically, I love that name, ice grouper, said something basically saying, this is totally not our fault.
36:12And I'm very much like, no, our expert class shot itself in the foot very badly. And there's lots of reasons to - COVID. Yeah. Well, COVID - I got radicalized during that. I was like, ah, I'm trusting these people don't do anymore. That was a disaster in public trust. Yeah. And I always make the point, like, listen, if one person gets in trouble for having a controversial opinion among the professor, particularly at a fancy school, they won't trust you. And we talk about like thousands of examples of it. So right now, the way we deal with slop, the way we deal with things that are BS, the way we deal with people and be able to make endless false claims is by having some authority that we actually trust.
36:52But this happened at a time when people had good reason to not particularly trust authority. So I think you rebuild that by actually having one way you could use AI, and I want to actually figure out better how you could do this technically. We should be unleashing AI on basically the entire corpus of human knowledge to look at basically every paper that's ever been written to try to figure out, is it based on falsified data? Very simple stuff. Is it based on falsified data? Is it plagiarized? Is it built on a chain of theories that actually have a rotten core? And I think that that's actually how you get closer to truth.
37:32But basically, we have an epistemic problem. I got to avoid saying epistemic as much as I do. We have an epistemic problem that is very hard to fix without better sort of like knowledge hygiene, so to speak. And similarly, the sort of dissemination platforms we're using, unfortunately, are designed to, like I go on X and the vast majority of tweets I see trending, especially in the last week, are just clearly false or at least extremely low epistemic quality, to put it again, politically correct. um i what can we because it does feel like in part yes it's the algorithms choosing that but at the same time the the algorithms choose that because the people click on it they engage in it it speaks to the amygdala which is very good at overriding the prefrontal cortex and now we're talking right and and and it but i i worry truly that we're you know we're sort of descending into this world where people truly value entertainment over truth.
38:34And so we also need to similarly design dissemination systems, social media platforms and algorithms that rectify that, or at least counterbalance that. Any thoughts on if you could wave a magic wand and design such a platform, what would be the values you would go for? Oh my God, yes. I think about this all the time. So FHIR is doing this project with the Cosmos Institute. And actually this is where we got to see each other for the second time, where we're trying to do, to fund spot grants for AI, for truth seeking. And it was so much fun, you know, for nerds, I guess, but like, but, but it was like, it was, it was tremendously fun trying to think about ways to sort of practice this sort of like knowledge hygiene.
39:16And like one, one project that you can actually go to right now is called a priori. And it's just this very simple idea that you can use any of the major AI platforms and you ask it a question and it will have like a little list of basic assumptions that are made on it. And it's like, this is based on a consequentialist philosophy. And this is assuming that this thing is true. And then you can click on those and undo them. You can unclick them and then see the different argument you get. It's so terrifically clever. There was another another one that will actually compare AI models against each other for what their alignment is, to try to figure out, like, how, basically, how are they lying to you?
39:56If I could design something, I really like this project called Integrally that Steve Evers is working on, and it's kind of a walled garden approach, where basically the idea is you get points, you get ups, you know, for showing integrity when it comes to questions. And it's evaluated in terms of people who normally disagree, both agreeing that this person, this actor is fair. And the idea is it would all be anonymous. So you would only be allowed to have one account, but you have a reputation sort of stake in that. And then it's really about sort of sorting through the stuff through persuasion and argumentation, but with actual flesh and blood people being the ones who actually show the most integrity to try to build that kind of sense of like who isn't.
40:44And here's the thing, people just want to know who isn't lying to them at this point. So I think that's one model to do it. I think there's so many different ways you could do this. You could use the AI technology to brutalize essentially what we think is true, like you should, to try to figure out what isn't true, which is how you actually... So it could be a revolution for truth if we use it in a more enlightenment kind of way personal question really here um but you know as as a brit this is pivoting away from technology although it's still related um but as a brit seeing uh the sort of seeming collapse of the ability to speak freely like there was this example of uh lucy let be I don't know if people in the audience know this who she went to jail for three years for a tweet that was up for four hours and a tweet that didn't even it was during this stock war basically it was horrible this boy went on a rampage and killed a bunch of little girls and a lady was very upset about this and there was a big rumour going around that the boy had come over on one of the dinghies and was an illegal immigrant and they were being housed in hotels.
42:03And in her rage, she said something to the effect of, this shouldn't be happening. Burn those hotels down for all I care. And anyway, her tweet went viral for a few hours. She then deleted it. And then she got put in jail for three years. Yeah. So have there been any instances? Because I just want to see, like, is there hope for a nation like that, that is going down that path? because these stories are becoming more and more common. But at the same time, there have been instances in history where nations have stemmed that tide and gone back in the direction of free speech. So what would your advice be to people who are seeing that happen in their own country or even here, as we talked about with the other example?
42:48What can people do to start fighting back against this stuff who aren't part of an organisation? And it is funny how much Britain is in just complete denial that this is a problem, partially because it's not very well covered in the British press. And I did this massive piece that I mentioned. And, you know, like finding that there was two separate cases, one in Germany, one in Britain, where a woman was raped. and her or in the other case her friend insulted one of the rapists and did more time for the insult than either rapist did for the rape and it's like just absolutely horrified me um so we have been like at this stage before and basically for the U.S.
43:40um that would be more or less where we were at the end of World War I and going in through the first Red Scare, which was about 1920. So basically 1916 to about 1920. And that's when the ACLU was founded. That's when like the real free speech movement began in the United States, the modern one. There was one before it by the Free Speech League who was all like defending nude bathing and this guy Theodore Schroeder just freaking loved, like just a bunch of weirdos. Like they're more my speed, but like, but, but the, but the political, you know, the ACLU was really important, you know, in the 1920s, really, really brought free speech home, got one in the courts, like all this stuff.
44:22Um, and I hope that for Britain, I hope that for Europe, but when I did my due diligence and I asked chat sheet GPT, you know, like who, who's out there, who's actually doing the kind of work that fire does. Cause people always ask fire to come over. Um, and it was like, no, we're busy enough in the United States. I don't know, give me a trillion dollars and maybe I could help. But we're so freaking busy in the United States. And we don't even have full coverage here before we could ever think about it. But we do write a fair amount about what's going on over there. And I think of groups like Spiked.
44:58I think of Index on Censorship. I think of groups like one other group, the Free Speech Union. But when I was asking about this to Chad GPT, the answer I got, and Chad GPT expected me to accept this. It's like, well, but it can't be seen as conservative because if it's seen as conservative, it's just dead on arrival. And I was like, that is childish. And this is something I say in my most, actually not most recent book now, my book, Canceling of the American Mind, which is my follow-up to Coddling of the American Mind. This anti-intellectual technique that if I can call you, so basically you make an argument and say something that is critical of the current system.
45:44And I go, oh, so you're a right winger. And you go, no, I'm not. And it's like, nope, sorry, I don't have to listen to you anymore. That is exactly the way we argue now. We're doing slightly less of it in the United States now, but in Britain, this still works. In the UK, in the EU, this still works. And it is the way children argue. It's like, if I can label you something I don't have to listen to anymore. So that has to be scoffed at because it will never get fixed. Because basically the trick is, because a lot of the issues that are very hot in the EU and the UK, sometimes they're about transgender issues, and that's gotten a little bit less crazy.
46:27And a lot of times they're about immigration, crime, sexual assault, all of these things related to that. And if it becomes a situation where I'm increasingly seeing in some of these cases that it becomes by definition an offense to basically point out some of these, in many cases, real and existing problems that they're facing, you're never going to fix it. So it will require something pretty dramatic because right now, sort of like the, I'll just say it, I say like the arrogance of like the European Union of thinking that there's nothing wrong and that we're just going after the bad guys and we'll be totally fine if we just don't talk about certain very important things at the dinner table.
47:08It was my mom's theory and I love her very much that it's a bad theory. All right well we've got about five ten minutes left and I'd love to open it up to you guys. I noticed like J.K. Rowling kind of stands up and says things you know eloquently that other people being thrown in jail in Europe. Absolutely. And I just want to talk to what do you think the role and responsibility of people in her position of power to advance free speech? Because they won't arrest her because she has resources and she's famous and she has friends. And I think that you know, she single-handedly is carrying kind of the free speech and also her positions forward.
47:50Yeah. And so, you know, I guess this might even be a you know, softball for you to pitch for funds, et cetera. What are the roles of leaders in the United States of America or people in a similar position in the United States of America to stand up here? I, you know, I think that in order to be for free speech, you have to come out and say, that person who's getting in trouble who I don't like right now, they have freedom of speech. And I do actually think JK does a good job of that. But I think the most, because everyone's for their own free speech. And that's one thing that has been disappointing, both on right and left, is watching people who say you are so great when it's free speech they agree with or free speech, but not when it's free speech they disagree with.
48:36And the most powerful statement you can make is to come out and use that power and say, people should not be punished for their opinion. I want to know their opinion. I might even hate their opinion, but I'm not safer for not knowing it. And I think that we have so much influence left on the table right now in the United States, so many powerful people who could be helping the cause so much more than they are. And in an unapologetic way for free speech, because there's nothing to apologize for, it's valuable to know what people really think. Absolutely full stop. So I do think there are a lot of people, I think that's one of the reasons why you saw a lot of Silicon Valley kind of swing a little bit more or actually a lot more conservative in the past couple of years.
49:19Because I know, I went to Stanford and I know like a lot of like, there was a lot of frustration in the Valley of a pretty inherently sort of libertarian town for a long time, felt like it couldn't actually say what it was thinking and it was not like it. But I do think that because the political winds are shifting again, there's a little bit more self-consciousness about it. So, but I do think that people in positions of influence coming out and being principled about it could be an absolute game changer. That'd be a really cool prize to give. By the way, imagine if we could create some way of scraping the internet and people who've clearly got one particular opinion, but go out and defend someone that's far, far away from their normal views and just give an award.
50:04I don't know, the counter defender or something. Second question, I'm just wondering. How much do you think that speech control is thought control? I think that my, that's a great question and I could talk about it for a really long time. I think that anytime, if you've ever taught a class, you don't realize how little, there's this thing in cognitive science called the illusion of explanatory depth. Like we are incredibly self-deceiving. Like you ask some people, like the classic example is you ask people to draw me a diagram of how a bicycle works. and either and even pretty intelligent people will blow it on various details of how a bicycle actually works because we actually oftentimes don't really think things through until we start talking about them until it becomes social until it becomes um something that like so having to teach a class for example is the best way to learn something we learn best through teaching so i really do think that not being able to talk about things means it's always going to be a weird little incoherent thing in your head that might sound brilliant to your mind ears, but hasn't really been tested yet.
51:14So I actually do think that speech control is very similar to thought control. And one thing that I think is very much like thought control, almost identical to it, is when someone takes great efforts to make sure that they were just talking in their own house, for example. And there were some cases like this 12 years ago where people were getting canceled for stuff that they said, not knowing they were being recorded. And I found that that is a lot like policing thought outright, because like this is someone trying to keep it to themselves, trying to process through something and just saying it to someone that they thought they could trust.
51:50So I do actually think the line between controlling speech and controlling thought, I think there's a lot of, I think it's interrelated. I know that you and Ken White, of Pope have debated about the importance of which one is more important, having a legal culture of free speech and a free speech culture and I think you make the more persuasive argument about having the correct argument. Because places like Russia can also promise freedom in the Constitution, but we all know that's not true. We know that's not true. So I'm curious to know what are your thoughts on the current legal front? Do you see the current Supreme Court, you made the argument that we do have more legal protection for free speech than any time in history compared to another era.
52:36So do you see free speech doctrine within the current Supreme Court changing? And also with Gen Zers and millennials, I don't know if you've been following any of those. They've made it into the federal courts yet, but do you see young people in this generation into the federal judiciary? Do you see that? Do you see free speech protections regressing if that were the case, if we lose the culture war. Yeah. Okay. So this is Ken White. He's a former friend. And he's a lawyer and advocate who
53:14he's very angry about this idea that me in particular argues that there is such a thing as free speech culture. And actually, I go even further. I think free speech culture is more important than free speech law, also because we're in a common law country. So actually, where do you think our laws are from? They come from our culture. But he gets very angry about this. And I usually try not to address it. So thanks, Aaron. But my friend and FIRE senior fellow, Jacob Mishangama, just wrote a piece being like, I've had it. Like, this is a ridiculous... He basically at first claimed that free speech culture doesn't exist, which doesn't make any sense.
53:50And then the argument changed to free speech culture is incoherent. And it's like, No, we had like little sayings growing up. I mean, to each their own is a free speech culture argument. Everyone's entitled to their opinion is 100 % a free speech culture argument. And our laws and our regulations come from our culture. It's a straight line. And if you start having a culture that doesn't appreciate freedom of speech, I mean, you can have every beautiful free speech law on the books, but if nobody actually is willing to say what they think. Um, yeah. And you know who actually also thought this? John Stuart freaking Mills.
54:27In 1859, when he wrote that book, he said the state of the law in Britain was actually really good for free speech. It was the, it was a stifling Victorian culture that was the problem was his entire argument in, in, um, uh, in on Liberty. So I do think free speech culture is essential to actually keeping free speech alive. Am I worried about the younger people not having a free speech culture and having a very hostile to free speech culture? I think it tends to be very different depending on what economic class you're talking about. I'm very class conscious, which is partially having a British mother and being poor when I was a kid.
55:02But I do think our upper classes, our ruling classes, are very hostile to freedom of speech. When you look at the fire polling, how many students think it's okay to engage in violence in rare cases, to be clear. In rare cases against speakers, it's something like 33 % overall with like 50 % at Oberlin thinking that it's fine. Something like 80 % of students thinking shout, shouting down a speaker you don't like. Like this is all dangerous stuff. And it does scare me, the idea that these are people coming out of our law schools who are going to be judges, you know, one day. And that spells, you know, some very dark things for freedom of speech.
55:46So our fight and the fight of everyone in this room is all that much more important. Yeah. Yeah. I'm a graduate of Texas A &M University, which may be on fire's radar for whatever reasons. Most recently, the president and being ousted for, you know, a video that was about controversial topics, what have you. If you're an alumni of a university that seems to be going into a liberal direction, you know, what is some advice you would give? Like, what can alumni do if they, you know, care about a university, care about the way it goes? But, you know, what can we do? So I just have to give a little story here.
56:27So Texas A &M, I'm taking – so if I do my job, I get hate mail from the right and the left, sometimes in the same 10-minute period. and this is definitely an example where I do. There is a law on the books that I think is very badly written about not being able to teach anything related to gender ideology at state schools in Texas. And I know the people involved in this, and I wrote about it for the New York Times, where a professor wanted to challenge it. And he'd say, listen, I'm going to talk about, how many scenes did Hedwig and the Angry Inch? They have the story from the Plato's Symposium of the myth of the androgyne of Aristophanes.
57:13And this is this beautiful idea that once humans were perfectly circular beings, Zeus tore us a thunder, and we spend the rest of our lives trying to find our perfect way of reuniting, our perfect kind of wholeness that we can potentially get to. It's a beautiful, beautiful idea. And they are even speculating on some of them being, two male halves or two female halves or male and female. Now, that is about gender ideology. And a professor said, I'm going to teach that through the lens of that. The head of the department said, well, if that's what you're saying, then you're violating this law. And I have to tell you, you can't actually do that.
57:53So everybody in Texas right now thinks this was like a complete setup or didn't really happen. And I'm like, I'm sorry, this really did happen. And it is an artifact of the fact that the law is badly written. So that's Texas A &M. So what can you do? I mean, trying to bring more alumni along is huge because they have a lot of influence. We have alumni groups at schools all across the country. They've made a difference. You can get rid of speech codes. You can actually stand up for individual professors and students. You can withhold your money. There are so many things that people can do, you know, that it's amazing to me to see alumni, particularly people who are big donors at some of these schools, feel like they're hopeless.
58:43And that's just completely crazy. One thing that I love, and this is, you know, I obviously would love this, but we do really appreciate it when people write us checks and send a letter to their alma mater saying, I have instead sent my money to fire until you clean up your act. And we're happy to help publicize that as well. Awesome. Time for one more question, if anyone has. Question for those that have family members, friends that might not appreciate free speech that aren't here today that value free speech. I think all of us have those family or friends. What are some common, what's the advice or tips or tricks to start opening the conversation up when it might feel a little bit uncomfortable to do so?
59:32That's a great question. I think it depends on if you're talking about a free speech critic from the left or the right, what will appeal to them. But I did try to put like as many of my arguments as possible in my TED talk where Liv and I first met. And I do think that one of them that I always talk about is speech is not violence. Speech is the best replacement for violence ever invented. Speech makes you safer because you're not safer for knowing less about what people really think. There is a value, and I mean a deadly important value in knowing what people really think because there's this idea that somehow we're safer about it.
1:00:12There is something called group polarization, that essentially if you talk only to people who are radical in a direction, you get more radical in the direction of the group. One of the best things for actually peace and moderation is talking to someone you disagree with. We are intentionally, without realizing it, we're speeding up radicalization in the United States and Europe by thinking this naive idea that if we don't talk about it at the dinner table, they'll just not believe it anymore. Or no, they just go and talk to other people who believe it and it gets worse. But I'd say the thing that I find so frustrating and people know so little about history in so many cases is people, I talk about this in my TED Talk about, I started seeing students come to fire who seem to believe that free speech was the argument of the three Bs, the bully, the bigot, and the robber baron.
1:01:04And by robber baron, I mean rich and powerful people. And I always have to just explain, I'm sorry, that's just incredibly bad history. Because the rich and powerful historically didn't need a special protection for freedom of speech. Because they were rich and powerful. That's what protected their rights. You can look at the Medici's. You can look at all sorts of powerful and wealthy families all across the world. That's the rule. And by the time you get to democratic societies, if you're the bully or the bigot and you have the votes, you win. So why on earth would a bully, like a bigoted country, you know, decide to protect freedom of speech?
1:01:44Well, we actually decided to have it to protect unpopular minority opinions. Because you only need a special protection of freedom of speech for things that are unpopular with the majority or things that are unpopular with the powerful elites. And this is one of the reasons why, particularly on the left, you end up with a lot of people who are educated at fancy schools and they think that they're on the side of the little guy when they argue against freedom of speech. And they forget who's actually going to be enforcing it. And they also forget that their opinions are generally very popular with the actual powerful.
1:02:23So pointing out that every single leader of the, well, the leaders of the gay rights movement, the women's rights movement, and the civil rights movement, all credited freedom of speech with how they were able to succeed. I mean, John Lewis, who used to live in my neighborhood, he would say that the civil rights movement without freedom of speech would have been a bird without wings. And the idea that we're forgetting to benefit from that, that's something that, yeah, like a certain amount of insulation and privilege can give you the idea that freedom of speech has passed its time, but that's more for being set in our way is just like people used to accuse, you know, the powerful of.
1:03:04And when you hear about it from the, you know, when someone from the right, you know, makes these criticisms, I mean, I do think it's one of our most, one of the things I'm the most patriotic about is the fact that we have this brilliant document that actually says, no, this government's power is to protect your rights. That's the whole reason we set it up. That's why we gave it checks and balances. That's why we gave it a special Bill of Rights and we put number one at the very first, freedom of speech. What a wonderful note to end it on. Thank you so much. Thank you.
From the publisher
Free speech is often treated as a political issue. But what if it’s the foundational technology that makes peaceful civilization possible in the first place?
I sat down with Greg Lukianoff — free speech advocate, first amendment attorney, and longtime leader of FIRE.org — to explore why freedom of expression is humanity’s ultimate win-win innovation.Greg strongly believes free speech is at risk across the globe. It's under threat from government censorship, and from the attitudes of citizens themselves, who have become increasingly intolerant of opposing views. These pressures seem to only be increasing as we enter the AI era, which allows censorship, surveillance and other oppression tools at scale.
At the same time, it also offers the democratization of potentially hazardous information to violent actors, only increasing the pressures on governing authorities to clamp down even harder on speech. So how do we navigate this tension?
That's what this conversation seeks to answer.Huge thanks to @TheFIREorg for collaborating with me on this episode (they were the ones who organised this live event)! Go support their important work at the link the below.
Chapters:
00:00 — Intro
01:42 — Why is Free Speech a Win-Win?
05:10 — Is Free Speech At Risk in the USA?
08:41 — Charlie Kirk & The Case of Larry Bushart
11:40 — How Is Technology Changing Free Speech?
18:49 — ACLU & Institutional Capture
21:57 — AI & The First Amendment
29:40 — How To Calm The Arms Race?
33:50 — The Hidden Cost of LLM Slop
38:22 — How To Design Better Social Media Algorithms?
41:07 — UK & European Hate Speech Laws & Censorship
47:18 — J.K Rowling & Free Speech Influencers
52:20 — Can Free Speech Survive Gen Z?
59:04 — How To Talk To Skeptics
Links:
♾️ Greg Lukianoff: https://www.thefire.org/people/greg-lukianoff
♾️ FIRE (Foundation for Individual Rights and Expression): https://www.thefire.org
♾️ Greg’s TED Talk on Free Speech: https://www.youtube.com/watch?v=noWh8SSeRCo
♾️ The Larry Bushart Case: https://www.fire.org/cases/larry-bushart-v-perry-county
♾️ The Coddling of the American Mind: https://www.thecoddling.com
♾️ Karl Popper — Conjectures and Refutations: https://archive.org/details/karl-popper-conjectures-and-refutations-the-growth-of-scientific-knowledge
Credits:
♾️ Hosted by Liv Boeree
♾️ Produced by Luca de Vico
♾️ Event Production: the team at Fire.org
The Win-Win Podcast:
Poker champion Liv Boeree takes to the interview chair to tease apart one of the most fundamental forces shaping human behavior: competition.Liv speaks with philosophers, technologists, scientists, founders, and public thinkers to understand how seemingly win-lose systems can be redesigned into win-wins.
Podcast links:
♾️ Website: https://www.winwinpodcast.com/
♾️ Youtube: https://www.youtube.com/playlist?list=PLWgq0OZMtwtOIyMsVM_vksqdfWcM-b68S
♾️ Spotify: https://open.spotify.com/show/03bGVUaFZmJUmEvSHNDPdI?si=64379cc23696454f
♾️ Apple Podcasts: https://podcasts.apple.com/us/podcast/win-win-with-liv-boeree/id1724791350
♾️ Pocketcast: https://play.pocketcasts.com/podcasts/7f708340-d17c-013b-f46e-0acc26574db2
#winwinpodcast #freespeech #AI
