Words, Actions, and Liberty: Tara Smith Decodes the First Amendment

The Michael Shermer Show Archives

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Situating her analyses within the broader intellectual landscape, First Amendment scholar and philosopher Tara Smith takes up the views of such historical figures as John Locke, Thomas Jefferson and John Stuart Mill, while also addressing contemporary clashes over issues ranging from speech on social media, “cancel culture,” and the implications of “religious exemptions” to the crucial difference between speech and action and the very vocabulary in which we discuss these issues, dissecting the exact meanings of “censorship” and “freedom.”

Tara Smith is Professor of Philosophy at the University of Texas at Austin, where she has taught since 1989. A specialist in moral, legal, and political philosophy, she is author of the books Judicial Review in an Objective Legal System (Cambridge University Press, 2015), Ayn Rand’s Normative Ethics: The Virtuous Egoist (Cambridge, 2006), Viable Values: A Study of Life as the Root and Reward of Morality (Rowman and Littlefield, 2000), and Moral Rights and Political Freedom (Rowman and Littlefield 1995). Smith’s scholarly articles span such subjects as rights conflicts, the morality of money, everyday justice, forgiveness, friendship, pride, moral perfection, and the value of spectator sports.

Shermer and Smith discuss:

• What is freedom?
• What are rights?
• How are rights and freedoms won or lost?
• Private vs. government restrictions on speech
• Social media, tech companies, and censorship
• speech and expression
• Masterpiece Cakeshop v. Colorado Civil Rights Commission
• Speech – Action distinction and where the lines between speech and conduct are blurry
• Hate speech = violence?
• Is Twitter a platform or a publisher?
• Is Facebook an information service or a telecommunications company?
• Incitement to violence and the January 6, 2021 Capitol insurrection
• Libel and slander
• Self-censorship
• Free expression as speech (flag burning, Madonna’s videos, etc.)
• Corporate controls on speech
• Compelled speech
• How Oliver Wendell Holmes introduced the clear and present danger test, which would become an important test under First Amendment law over the coming decades.

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