SpeechMatters

Jim Grossman, executive director of the American Historical Association (AHA) joins the podcast to discuss how “divisive concepts” legislation creates challenges for the teaching and learning of history that compromise democratic values and institutions. Throughout the conversation, Grossman points to the vital role that facts, critical thinking and source credibility play in maintaining an informed and engaged public. 

Episode Resources:

• https://time.com/6917632/history-wars-teacher-survey/   
• https://www.historians.org/divisive-concepts-statement  
• https://www.historians.org/news-and-advocacy/teaching-history-with-integrity/freedom-to-learn
• https://www.chronicle.com/article/here-are-the-states-where-lawmakers-are-seeking-to-ban-colleges-dei-efforts
• https://www.historians.org/research-and-publications/perspectives-on-history/march-2023/the-integrity-of-history-education-bills-censoring-k%E2%80%9312-classrooms-censor-higher-education-as-well
• https://www.youtube.com/watch?v=LdcoBQy41zI 
• https://www.nytimes.com/2014/09/02/opinion/the-new-history-wars.html

What is the state of youth voting among college students as we barrel toward the November presidential election? Today’s guests, Jennifer Domagal-Goldman from ALL IN Campus Democracy Challenge, and UC Berkeley undergraduate student, Alex Edgar, discuss successful strategies to increase youth participation in local, state and federal elections in 2024. Listen in for tangible tips on actions you can take now to engage the young people in your life and on your campus.

Episode Resources:

Every single person in a college community can help support nonpartisan democratic engagement on their campus by:

• Visiting www.allintovote.org and check or update your registration and then take our Pledge to Vote - and then ask three friends or family members to do the same. 
• Asking your president or chancellor to join more than 625 of their peers in signing our Presidents’ Commitment to Full Student Voter Participation. It sends a strong signal to the campus that nonpartisan voter engagement matters.
• Working with your athletic department to encourage all athletic administrators and coaches to sign the 2024 Coaches Pledge.
• Recognizing a student who’s doing extraordinary work on your campus with the ALL IN Student Voting Honor Roll. 
• Submitting a nonpartisan campus democratic engagement action plan by May 31, 2024.
• Learn more about the Students Learn Students Vote Coalition: https://slsvcoalition.org/  
• Check out the latest U.S. Department of Education Toolkit for the Promotion of Voter Participation for Students: https://allin.vote/USEd-Toolkit   

Restorative justice – traditionally used as a way to respond to criminal acts – is now being used on college and university campuses to foster community, improve relationships and respond to harm. Leading the way is the Office of Restorative Justice Practices at UC San Francisco directed by this month's guest, Dr. Maria Jaochico. Dr. Jaochico grounds us in restorative justice approaches that can be utilized when community values compete with protected speech. 

Episode Resources:

• Restorative Justice Practices at UCSF (UCSF)
• RJ101 For workplaces and organizations (UC Berkeley)
• National Education Association Restorative Practices (NEA)
• "Little Book of Race and Restorative Justice" by Fania E. Davis

People do not seem to agree on much right now; however, there does seem to be consensus that this is a challenging and painful time on college campuses. This month’s guests, Dr. Katya Armistead, assistant vice chancellor and dean of students for UC Santa Barbara and Dr. Genie Kim, director of student mental health and wellbeing at the UC Office of the President, discuss the hard work of providing support to the campus community when ugly speech rears its head.

Episode Resources

• "How two Dartmouth professors are addressing the Israeli-Palestinian conflict" (NPR)
• Student mental health & well-being (UC Office of the President)
• Message to students on "Campus Climate and Civility" from Margaret Klawunn, Vice Chancellor for Student Affairs and guest Katya Armistead at UC Santa Barbara

Join the American Civil Liberties Union’s (ACLU) director of the Speech, Privacy and Technology Project, Ben Wizner, for a conversation about former President Trump’s use of the First Amendment as a legal defense, whether his speech on January 6th meets the Supreme Court’s test for incitement and how AI might impact the democratic process.

Episode Resources:

• "Opinion: We’ve defended Trump’s 1st Amendment rights. But his latest claims about the Jan. 6 indictment are nonsense” by David Cole and Ben Wizner: https://www.latimes.com/opinion/story/2023-08-12/opinion-is-trump-right-to-claim-free-speech-as-a-defense  
• Just Security Trump Trials Clearinghouse: https://www.justsecurity.org/88175/trump-trials-clearinghouse
• DOJ 2020 Election Interference Indictment:  https://www.justsecurity.org/wp-content/uploads/2023/09/Just-Security-Jan.-6-D.C.-Trump-Clearinghouse-%E2%80%94-Federal-Indictment-of-Donald-Trump-August-1-2023.pdf 
• Georgia 2020 Election Interference Indictment: https://www.justsecurity.org/wp-content/uploads/2023/08/just-security-fulton-county-da-indictment.pdf

As the academic year begins and students return to campuses, we look forward to another year of expression and engagement. This month we are honored to have UC President Michael V. Drake join the podcast to discuss a time when he spoke up in the face of racism, how UC uses its voice to further its motto of Fiat Lux as well as to share some song picks with us.

Episode Resources:

• 2022-2023 Class of Fellows Projects: https://freespeechcenter.universityofcalifornia.edu/fellows-22-23/

President Drake's Song Picks:

• “Wake up Everybody” by Harold Melvin & The Blue Notes: https://www.youtube.com/watch?v=OOxoeGL3tTo
• “A Change is Gonna Come” by Sam Cooke: https://www.youtube.com/watch?v=wEBlaMOmKV4
• “Kind of Blue” by Miles Davis: https://www.youtube.com/watch?v=zqNTltOGh5c

Two former fellows, Dr. Alice Yau, a Sergeant with the Chicago Police Department and Dr. Jill Dunlap, Senior Director for Research, Policy, and Civic Engagement at NASPA join us this month to discuss their research and curriculum related to speech, campus law enforcement and student affairs administrators. Together, with host Michelle Deutchman, learn how this dynamic duo paired up to address protest and free speech policies on campus. 

Episode Resources:

• For more information about Jill & Ali’s Student Affairs Workshops: https://freespeechcenter.universityofcalifornia.edu/filling-in-the-free-speech-gaps/
• 2020-2021 Fellowship Project – Mind the Gap: Administrators’ Role in Reducing Tensions Between Campus Law Enforcement and Student Activists: https://freespeechcenter.universityofcalifornia.edu/fellows-20-21/dunlap-yau-research/
• Jill & Ali’s Fellows in the Field Workshop: https://www.youtube.com/watch?v=irTF309Rrak

Two examples recommended during the episode:

• University of Oklahoma Campus Event Response Team (C.E.R.T.): https://www.ou.edu/studentaffairs/resources/cert
• University of California Irvine Constructive Engagement Model: https://dos.uci.edu/images/freespeech/Constructive%20Engagement-The%20UCI%20Model.pdf

In this month’s SpeechMatters episode, former fellow and UC Davis Law Professor Brian Soucek dives into what’s happening in the lower courts when it comes to campus speech. Brian and Michelle talk diversity statements and the recent lawsuit against UC Santa Cruz, bias response teams and Speech First’s targeted lawsuits against them,  and the potential impact of the decision in 303 Creative. 

Episode Resources:

• “Institutional Values, Academic Freedom, and the First Amendment” Brian Soucek Fellowship Project: https://freespeechcenter.universityofcalifornia.edu/fellows-20-21/soucek-research/ 
• “How to Protect DEI Requirements From Legal Peril” by Brian Soucek: https://www.chronicle.com/article/how-to-protect-dei-requirements-from-legal-peril
•  “Speech First, Equality Last” by Brian Soucek: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4500504 
• “Bias Response Teams and Emerging Alternatives” Ryan Miller Fellowship Project: https://freespeechcenter.universityofcalifornia.edu/fellows-21-22/miller-research/ 
• “Stop WOKE Act” Brief by Amna Khalid & Jeffrey Snyder: https://www.jeffreyaaronsnyder.com/_files/ugd/5c295d_d92e4f6fac034844b5b34f1b0b50244f.pdf

The latest generative AI technologies have dominated the headlines these last few months raising questions about how ChatGPT will change teaching, research and learning at colleges and universities, as well as in society at large. In this episode, we explore AI’s impacts – both big and small – with nationally recognized technology policy expert and Director of UNC at Chapel Hill’s Center on Technology Policy Matt Perault. 

Episode Resources:

• UNC Center on Technology Policy: https://techpolicy.unc.edu/
• Matt Perault Article on Section 230 and Chat GPT: https://www.lawfareblog.com/section-230-wont-protect-chatgpt
• “Our Robophobia” by Andrew Keane Woods: https://www.lawfareblog.com/our-robophobia
• “Communications Can Be Defamatory Even If Readers Realize There's a Considerable Risk of Error” by Eugene Volokh: https://reason.com/volokh/2023/03/31/communications-can-be-defamatory-even-if-readers-realize-theres-a-considerable-risk-of-error/ 

Class Notes Links

• “On Juneteenth” by Annette Gordon-Reed: https://bookshop.org/p/books/on-juneteenth-annette-gordon-reed/15266396
• Jenny Pizer, LAMBDA Legal SpeechMatters Episode: https://freespeechcenter.universityofcalifornia.edu/speechmatters-podcast/#Ep6Jenny 
• American Library Association’s “Top 13 Most Challenged Books of 2022:” https://www.ala.org/advocacy/bbooks/frequentlychallengedbooks/top10

With college life fully back in-person this year, we have seen a series of heckler’s vetoes and violence at universities across the country. This week’s guests, UC Davis student body President Radhika Gawde and Penn State’s Assistant Vice President for Student Affairs, Danny Shaha, join us to share their experiences preparing for and responding to polarizing figures invited to speak on campus.

Episode Resources:

• Penn State Statement Prior to Oct. 24 event
• Penn State President Bendapudi’s message after the cancelation of the event
• Penn State President Bendapudi’s free speech video
• UC Davis Free Speech Town Hall Prior to March event
• UC Davis Statement Post Oct. 25 event cancellation 
• UC Davis Chancellor May’s free expression video