In the wake of the events of October 7th in Israel and the swift reaction by the Israeli government against Hamas, student protests have erupted on campuses around the United States, igniting fervent discussions about free speech, the First Amendment, and safe spaces. This week on then & now, we are joined by David Cole, the National Legal Director of the American Civil Liberties Union and the George Mitchell Professor at Georgetown University Law Center. Dr. Cole offers profound insights into the history of government intervention in matters concerning freedom of speech, shedding light on its implications for academia.

Dr. Cole also discusses the crucial role of freedom of speech in academic settings, where ideas should be freely exchanged and challenged. He casts a critical eye on cancel culture, a phenomenon in which dissenting views are swiftly silenced; by contrast, he emphasizes the importance of fostering a culture of tolerance and open dialogue. Finally, we discuss Title IX practices,  providing clarity on what constitutes a Title IX violation and navigating the complexities of distinguishing between protected speech and harassment, particularly in the context of university campuses.


Dr. David Cole is the National Legal Director of the American Civil Liberties Union and the George Mitchell Professor at Georgetown University Law Center. In his role as National Legal Director, he manages more than 200 ACLU staff attorneys and support staff in the National office, oversees the ACLU’s U.S. Supreme Court docket, and provides leadership to 400 more legal staff who work in ACLU affiliate offices in all 50 states, Puerto Rico, and Washington, D.C. Dr. Cole has received two honorary degrees and many awards for his civil liberties and human rights work, including the inaugural Norman Dorsen Presidential Prize from the ACLU, awarded to an academic for lifetime commitment to civil liberties.