The Bob Zadek Show

In his new book "Overruled: The Long War for Control of the U.S. Supreme Court," Reason Magazine Senior Editor Damon Root takes up a central question to our Constitution: Should the courts exercise restraint by allowing lawmakers to craft a wide range of legislation, or should they more actively defend individual rights from being overridden by majority rule? In fighting for the latter position, libertarians find themselves opposed to a long line of legal giants, from the progressive champion Oliver Wendell Holmes to conservative icon Robert Bork. Complicating matters, "judicial activism" has developed a reputation for abuse in the hands of politically-motivated judges. But in recent years, a libertarian legal movement rooted firmly in the Founders' vision of individual rights has grown to challenge the legacy of judicial restraint. Root will join Bob for the full hour this Sunday to discuss how a small "elite core of frontline fighters" has overcome the odds in numerous cases – from gun control to occupational licensing – to persuade judges to overrule government overreach.

In his new book "Overruled: The Long War for Control of the U.S. Supreme Court," Reason Magazine Senior Editor Damon Root takes up a central question to our Constitution: Should the courts exercise restraint by allowing lawmakers to craft a wide range of legislation, or should they more actively defend individual rights from being overridden by majority rule? In fighting for the latter position, libertarians find themselves opposed to a long line of legal giants, from the progressive champion Oliver Wendell Holmes to conservative icon Robert Bork. Complicating matters, "judicial activism" has developed a reputation for abuse in the hands of politically-motivated judges. But in recent years, a libertarian legal movement rooted firmly in the Founders' vision of individual rights has grown to challenge the legacy of judicial restraint. Root will join Bob for the full hour this Sunday to discuss how a small "elite core of frontline fighters" has overcome the odds in numerous cases – from gun control to occupational licensing – to persuade judges to overrule government overreach.

Once again, the media is buzzing over Apple's latest product – the iPhone 6. One feature that has customers lining up is the new default “full encryption,” which locks the phone so thieves and hackers cannot get in. In fact, the phones are so secure that even Apple can’t access customers’ stored data when law enforcement presents a warrant. This has caused concern in government, with FBI Director James Comey recently calling for a “national conversation” on the dangers of these dark devices. Comey wants Apple and other companies to build tools into their technologies that would grant the FBI access to data, even though this would compromise the devices’ overall security. This show's guest is Jeremy Gillula, Staff Technologist at the Electronic Frontier Foundation. Gillula and his colleagues at EFF are responding to Comey’s call by informing lawmakers and citizens about the constitutional and technical issues at play. While Comey has admitted to a poor understanding of the underlying technology, Gillula is knowledgeable about both cryptography and civil liberties. He breaks down Comey's arguments, and explains where the real threats to our security lie.

Once again, the media is buzzing over Apple's latest product – the iPhone 6. One feature that has customers lining up is the new default “full encryption,” which locks the phone so thieves and hackers cannot get in. In fact, the phones are so secure that even Apple can’t access customers’ stored data when law enforcement presents a warrant. This has caused concern in government, with FBI Director James Comey recently calling for a “national conversation” on the dangers of these dark devices. Comey wants Apple and other companies to build tools into their technologies that would grant the FBI access to data, even though this would compromise the devices’ overall security. This show's guest is Jeremy Gillula, Staff Technologist at the Electronic Frontier Foundation. Gillula and his colleagues at EFF are responding to Comey’s call by informing lawmakers and citizens about the constitutional and technical issues at play. While Comey has admitted to a poor understanding of the underlying technology, Gillula is knowledgeable about both cryptography and civil liberties. He breaks down Comey's arguments, and explains where the real threats to our security lie.

Since the initial waves of political correctness and subsequent censorship swept across college campuses in the 1990s, many cases have been fought and won in favor of free speech. The overturning of unconstitutional speech codes, for example, seemed to herald a new era for individual rights in higher education. These victories resulted in no small measure from the tireless efforts of FIRE – the Foundation for Individual Rights in Education. Yet the battle is hardly over. Bob's guest tomorrow will be Greg Lukianoff, President of FIRE. As Greg explains in his new broadside, "Freedom From Speech," there are several new threats to free speech brewing. Colleges are beginning to include “trigger warnings” on standard humanities curricula. Controversial commencement speakers are being subject to "disinvitation campaigns," and a general culture of outrage is preventing a robust debate. This "chilling effect" can be observed both in academia and, increasingly, in society at large. Greg joins the show to discuss the latest challenges to free speech, and to look at the special role played by our universities in creating this stifling environment. They also examine the new "affirmative consent" laws, such as the one recently passed in California, and the dangers they pose to due process.

The Shadow University by Alan Charles Kors and Harvey Silverglate

Since the initial waves of political correctness and subsequent censorship swept across college campuses in the 1990s, many cases have been fought and won in favor of free speech. The overturning of unconstitutional speech codes, for example, seemed to herald a new era for individual rights in higher education. These victories resulted in no small measure from the tireless efforts of FIRE – the Foundation for Individual Rights in Education. Yet the battle is hardly over. Bob's guest tomorrow will be Greg Lukianoff, President of FIRE. As Greg explains in his new broadside, "Freedom From Speech," there are several new threats to free speech brewing. Colleges are beginning to include “trigger warnings” on standard humanities curricula. Controversial commencement speakers are being subject to "disinvitation campaigns," and a general culture of outrage is preventing a robust debate. This "chilling effect" can be observed both in academia and, increasingly, in society at large. Greg joins the show to discuss the latest challenges to free speech, and to look at the special role played by our universities in creating this stifling environment. They also examine the new "affirmative consent" laws, such as the one recently passed in California, and the dangers they pose to due process.

The Shadow University by Alan Charles Kors and Harvey Silverglate

The Constitutional Convention is generally remembered as a meeting of great minds, in which governing principles for a free and lasting republic were written down in accordance with the best ideas of the day. While this account contains much truth, we might wonder why several key Framers refused to sign the final draft. In his new book, “The Once and Future King: The Rise and Fall of Crown Government,” Frank H. Buckley describes in detail the long struggle toward compromise that produced the original U.S. Constitution. Buckley's account corrects the conventional wisdom in a way that dramatically clarifies the present political situation. He will join Bob to explain how the seeds of our increasingly monarchical executive branch were planted by an unintended (but not entirely unanticipated) flaw in the document: the popular election of the president. George Mason was among those who did not sign the final draft, warning his fellow Patriots, “We are not indeed constituting a British Government, but a more dangerous monarchy, an elective one.” Is it too late to reverse course? Find out this Sunday!