Supreme Court, United Nations-What Next for Free Speech, the Free World? | GoodFellows

The US Supreme Court seems headed for a showdown with social media platforms over content and censorship; the United Nations’ 78th General Assembly underscores that body’s inability to curb totalitarian aggression. Eugene Volokh, a soon-to-be Hoover Institution senior fellow and a First Amendment law professor at UCLA, joins Hoover senior fellows Niall Ferguson and John Cochrane to discuss free speech in the Information Age and what comes next for universities following the court’s rebuke of race-factored admissions. This is followed by Niall and John discussing whether 20th-century international agencies remain true to their charters. On a lighter note, John and Niall also weigh in on government-run groceries, dress codes, and tipping servers (waiters yes, baristas no).
ABOUT THE SERIES
GoodFellows, a weekly Hoover Institution broadcast, features senior fellows John Cochrane, Niall Ferguson, and H.R. McMaster discussing the social, economic, and geostrategic ramifications of this changed world. They can’t banter over lunch these days, but they continue their spirited conversation online about what comes next, as we look forward to an end to the crisis.
For more on this series visit, www.hoover.org/goodfellows.

[@problynah]

What a delightful fellow.

[@nuqwestr]

Eugene, look forward to more from you on "Good Fellows", welcome.

[@nathanngumi8467]

A great show today!

[@jpsmith9452]

Professor Volokh is a great addition to the crew.

[@tnndll4294]

Yeah he needs to be a guest often. Kotkin too,

[@benjamindover4337]

Good stuff gents

[@MasterMalrubius]

Thank you all for providing such excellent insight into today’s social and political landscape.

[@micahdembo5140]

These people have never heard of a blinded trial.

[@user-bt8vn3dj6o]

Mr. Sowell is a brilliant individual.

[@iggle6448]

Proud of fellow Brit, Neil! Thank you for making a strong case for traditional admissions modes. Merit and academic ability informed my academic career in the UK. In my children's experiences affirmative action was of concern in some of their courses, and in particular where teamwork was important: some of the AA students were simply not able to contribute and it was demoralising and frustrating for them as well as frustrating for more able team members who not only dropped a few marks for a less than stellar project but also had to nurse the less able AA students. It also presented significant issues for the faculties involved: demoralised and frustrated students often need more attention and support.

[@williamtalcott549]

It is Niall

[@DianeMerriam]

About 2/3 of the way through Social Justice Fallacies and Really loving it. I'll have to go through it again to grab the quotes.

[@lanevotapka4012]

Great explanation of rights from the law prof!

[@fs5775]

It was an absolutely terrible argument, thank you Nial for shutting that shit down. Admit the best, that's it, end of story. No bluffing your way into Harvard with your test prep classes and family legacy money. That absolutely hurts America. Choose the brightest kids if you want what's best for the country. Respect to John -- "it's not a tie, Nial just won"

[@williambamann1845]

I really like the guest.. super sharp articulate... awesome conversation!!!

[@larrybyrne4467]

Nice to hear both sides discussion on Race and admission. Good for the group to bring in a voice that doesn't challenge them

[@drverm]

New Hoover Fellow with South Park in their office! niiiice

[@ActFast]

Excellent choice of guest!

[@fbinformant]

This would have been a good episode to acknowledge that because of these speech violations in Missouri v Biden, people across the country (and Goodfellows) were consuming constant disinformation from state and corpoate media throughout the covid pandemic. It would be great to see it addressed at some point.

[@christianleblanc2842]

Eugene was terrific.

[@alanbrown214]

I think Magna Carta says that any rights not claimed by the king remain with the people.

[@martinisreb9502]

Great work as always. Keep it up!

[@TheDanieldineen]

I wish I wish someone would have these conversations about Irish politics! I hope that one day yee will dedicate an episode to Irish politics or maybe about how recent history has impacted the relationship between Irish and American politics today, looking forward! Keep doing what yeer doing lads, 👍!

[@MFJoneser]

Comparing WHO to OJ simpson may have been one of my favorite moments in the history of this show. What a great episode gents! Gratitude and wellness to you.. Americans have something to value here.

[@divine-rational]

Missing McMaster! Despite that, great show Good Fellows!

[@anaibarangan4908]

Wonder what he's doing now. Involved in the election campaign?

[@bsmithhammer]

There was a notable lack of Funkadelic quotes in this episode. Come back to us, H.R.!!

[@fs5775]

Love HR's energy and miss it too

[@andreamays7585]

Another fantastic show. Eugene Volokh adds that legal je je sais quoi that is missing from Goodfellows.

[@slavaryklin4010]

Great guest was a fun one. Neil, John finally got one on you on tipping. Great job John on that one! I had probably just as big a smile on my face as you did Neil. Looking forward to having General McMaster back next go around.

[@linmal2242]

In AUS , tipping is rare and only happens when exceptional occasions warrant it.

[@jimplamondon637]

I look forward to Volokh becoming a regular Goodfellow as soon as he is otherwise settled into Stanford.

[@-dash]

As a layman Supreme Court watcher, that was fascinating. I wish I could ask Professor Volokh about how and why the First Amendment got incorporated to the States. Constitutional law, foreign affairs, and economics all kick ass 😁

[@mamalada3296]

And what about the corporate background in all of this discussion about free speech..? Who is feeding the politics..?

[@Wild_Danimal]

“International man of history” 😂

[@roberthumphreys7977]

Perhaps if we can have term limits for justices, then it will be harder to argue against term limits for the House and Senate. That would be a win for the People.

[@JerryDLTN]

1:01:30 the property tax rate on homes in Chicago, Cook County, IL is 1.73%. The property tax rate of homes in Nashville, Davidson County, TN is 0.66%. Many more homes in Chicago, they also have a state income tax and their other taxes (sales tax) is also much higher. Chicago has a fat bureaucracy and spending problem.

[@garbonomics]

Another fantastic one, gentlemen! That's why I never miss an episode. With that said, I can't think of a more appropriate time to request an episode with the great Thomas Sowell, one of my intellectual heroes who continues to serve as an example of excellence.

[@dimitristsagdis7340]

Tiping in the US has been going crazy. In most countries a tip signals some kind of monetary appreciation for a good service received, then it became I'll tip you in order to receive a good service, and now it is I demand and you are obliged to give me a tip because I provided you with a service.

[@kevinjenner9502]

In Japan the consumer is God, and the consumer would never show disrespect by tipping.

[@TheWhitehiker]

Niall, you stole my thunder; I didnt find out about the SAT until I had to take it; private schools teach the test years ahead of time, and of course there are those prep courses to improve the scores. Even my score went up significantly when I took the test the second time, on schedule.

[@anaibarangan4908]

I would have probably done great if had prep classes for the SAT. We weren't allowed to know anything about it, except to test us for how much we had absorbed from everything learned until then. Back then I don't think that it was any different at the only private Catholic high school. Back then either of my high schools would have the kids that would score the same as if went to private high school, especially the first one with the advanced placement classes. They weren't called advanced placement classes, but it was obvious if were in anything like Trigonometry, after Calculus III. That obviously because of the middle school. That's because of a friend of mine that I saw her as a math genius. She went to the same school her entire schooling from kindergarten until college. I personally saw my favorite subjects up to par with my previous high school. Meanwhile in math I made it to geometry and I think that I made an A, but that was summer school before starting in a new high school. I graduated with Algebra I.Not bad considering how I had to start in basic math my freshman year. That was a matter of telling myself that I had to, because I'd obviously slipped through the system too long about mathematics. It was weird because had advanced placement classes almost everything else. That was the only class where I didn't know anyone from my neighborhood. It was a basement classroom for us math dummies. My report cards didn't matter to anyone else but me, as long as I didn't fail. It was parents, "go to school girl", and whatever what I made of it. I used to ask myself how did I turn out so well, before my life got busted up ruined. Envy is also blind, and I didn't have a boyfriend who helped me through high school and college. BLIND Zombies ALWAYS. Damn, I could have been a doctor. Helping me with math, I could have been a doctor.

[@adot911]

Great episode guys

[@crazypaulinquebec]

Chicago in a doom loop? It's all about nutritional deserts in big cities dude! Every citizen should have access to nutritional food at a competitive price.

[@bsmithhammer]

I honestly don't understand how "affirmative action" laws were ever deemed legal in the first place. They completely fly in the face of the law of the land, which clearly states that such discrimination is illegal, period.

[@chickenfishhybrid44]

I dont tip at a Starbucks for a take-out coffee. If you do that's on you.

[@maryfrook3566]

Fetterman is an embarrassment to our great nation. Asking for tips in the drive through at Starbucks is simply greedy. If Americans aren’t careful our entire country will look like Chicago in the next 4 years. I wish more young people would listen to Thomas Sowell.

[@michaelnichol8115]

Love them. Mick the hick😊

[@micahdembo5140]

You want double blind admissions ranking. The evaluators must not know the identity of the applicant. Only an independent committee should be able to match application and applicant.

[@JerryDLTN]

The replacement of the UN should first be made of the G7 nations and they set the rules of how countries should operate in order to join (transparent elections, transparent demographic stats, transparent economic stats, etc)

[@linmal2242]

Thankyou Gentlemen for this stimulating discussion. John, I'd love to widen that skinny looking doorway behind you; an easy saturday task, just pop off the reusable architraves and install a wider door ! ? Sweet!

[@kasumimori1798]

Lowering entry standards in order to admit more students of a particular race is detrimental to everyone. The universities pass up, and therefore miss out on, having the best students, and those people who go on in life to achieve great things that get recorded in history invariably have their universities linked to them, which brings those universities prestige. The students that lose out on admission to others with inferior academic abilities get their ambitions discounted, and end up going to supposedly "lesser" universities, which can end up costing them opportunities with employers that are foolish enough to think that prestigious universities are better. The students that get to take advantage of the racial favoritism receive their admission because they were of a particular race, not because they can do the course work itself. They then go on for perhaps a year or two, before they realize they have no chance of success there and drop out. They are then left with a significant debt that they cannot discharge through bankruptcy, which they have to spend the rest of their lives flipping burgers to pay off. None of these help society in any way. It was just yet another stupid idea from the guilt-ridden Left that should have been vehemently dismissed out of hand from the very beginning.

[@glennmitchell9107]

Not only should no law enforcement or intelligence agency run information operations against citizens of the United States, no government agency, employee, contractor, or unelected government official, should be allowed to push any information to the public. The buck stops with elected government officials. Only elected government officials should be allowed to speak for the government. This also means that no government employee, contractor, government official (elected or unelected) should be allowed to use a spokesperson. The buck stops with elected government officials. A government employee, contractor, or unelected government official should only be allowed to speak to the public about government business at the invitation and in the presence of an elected official. The buck stops with elected government officials. All unclassified information the government owns should be easily and quickly accessible to any U.S. citizen via the internet. Any information a government employee, contractor, or official puts in a government database should be considered to be placed there under oath. An individual should be responsible for each document or bit of data published by the government.

[@neswede3561]

Just a suggestion but would love to hear the Goodfellows discuss the current immigration situation & hear they’re thoughts on ways to resolve.

[@tnndll4294]

Victor Davis Hansen would be a guest

[@jimluebke3869]

I was always taught that if you actually get table service -- they deliver you your food and clear your plates for you -- then you tip. Otherwise, I suppose tipping is just a way to get the barrista's phone number.

[@maryspencer4274]

Cmon, Niall said Seth Moulton ugh, please say I did not hear that

[@farzana6676]

I miss general McMaster. We need a debate between Hoover Goodfellas and All in Podcast.

[@jabberjaw1067]

It's too late.

[@mightymouse9098]

Thomas Sowell uses the label “the anointed” rather than “the elite”, which I think is a considerably more appropriate label at present. Labels do matter and the “regressive left” (as they now are) uses labels to great effect. Is it worth following Sowell’s lead to encourage broader use of labels more appropriate for modern times?

[@timewellspent8628]

Unless I’ve missed the latest ‘early October’ episode, I’m baffled/slightly troubled as to why there’s no GoodFellows covering the horrific events in Israel, and the unfolding war.

[@danielhall3105]

I like the new guy. Welcome Eugene! There are certain similarities in Eugene's cadences and overall rate of delivery to those of our old pal Richard Epstein.

[@elrevesyelderecho]

1:00:57 Yeap!! go to Cuba or Venezuela to see how well stock are the government supermarkets.

[@alexbuckley4378]

Hello goodfellows

[@raymondswenson1268]

The defenders of Harvard's long standing racial selection practices NEVER talk about the evil practice of discriminating AGAINST a disfavored racial minority group, classified as Asian. They cannot offer an argument defending that prejudice, so they ignore it, just as Harvard ignored the existence of Asians as a racial minority. The hypocrisy of ignoring Asians as a racial minority, in the name of increasing "diversity" by adding Black and Hispanic students, is that Asians are far more diverse, by a factor of 100, than American Blacks and American Hispanic students. Asia is a Continent and associated archipelagos that is home to a third of mankind, of a hundred different cultures and ethnicities and ancestral groups. It includes the Indian subcontinent, with a common Indo-European ancestry with Europe, and the peoples of central Asia, from Siberia to Kazakhstan, have ancestry that includes a back-migration 5,000 years ago from North America, making them literally American Indian! Asians AMONG THEMSELVES are more diverse in every way than the rest of Americans are.

[@MFJoneser]

Nice observations and effective micro critique of obtuse, underserving language and resulting behavior, thought, decision making.

[@Sphere723]

Oof ... I can't believe Cochrane's take on what Justice Thomas has been shown to have done is that it's horrible that Democratic lawmakers uncovered it and are talking about new ethics rules for the court. To me that sounds like Constitutional checks and balances actually working. The real problem was that Justice Thomas engaged in some highly unethical behavior. How can something delegitimize the court more than a Justice taking huge gifts from people with major interests in the Supreme Courts decisions?

[@badassdahn654]

What does it take to become a fellow at the Hoover institute

[@lawjef]

If you dont have the physical or the mental wherewithal to put on a suit and pants you cannot competently represent your constituents. Period

[@bookiebarton8036]

Niall suddenly looks 20 years younger??

[@linmal2242]

Our Victoria State Premier has just resigned, with plenty of time left in his tenure. Many will say 'Good Riddance' !

[@exchequerguy4037]

The problem with government building and operating supermarkets is that such endeavors require balancing trade-offs. And oaf-ernment is the institution least talented at such balancing.

[@HelenA-fd8vl]

What about legacy students?

[@linmal2242]

All this discussion on 'Rights' as per your American Constitution. We don't have these arguments much in AUS , even though our constitution was based on yours in U.S. back then in 1901 and earlier. We do NOT have a bill of rights in ours ! But we do have criminal actions sanctioned by it. !!!

[@TheMightyWalk]

😢😢😢😢 awww man fair chance college admissions 😢😢😢😢

[@tyejoyce2226]

Loved listening to this however the new Goodfellow sounds a lot like Lionel Hutz.

[@smithb0134]

Now that student loans are being repaid and the moratorium is over, will this have an effect on inflation? Instead of spending 3,4,or $500 extra a month on goods and services, debtors will now have to use that money to pay their loans, which will reduce demand for those goods and services thus bringing down prices. Right? In addition, for those who got used to their lifestyles and still want that lifestyle, they will now have to take a second or third job in order to maintain it thus, relieving the tight labor market which also contributes to inflation?

[@elrevesyelderecho]

47:16 JINX!!!! YEAH!!!!!!!!!!! that's my man!!! Thanks John!!!! Yes...Cuba!!! ( see my comment on minute 42:02 )

[@elrevesyelderecho]

6:57 and following the latest Lex Fridman's podcast with Greg Lukianoff, we understand why Harvard is the best university in terms of Cancel Culture - best enemy of Freedom of Speech.

[@raymondswenson1268]

Social media companies do not create their content, they provide fora for persons, organizations, corporations, and even government entities to publish their own content. They are interstate carriers of other people's information, and have no right to reach down and control their customers' speech, any more than the companies that provide email services get to read and edit your messages, or the phone companies get to listen to your conversations.

[@egverlander]

My decision to not go to law school was reaffirmed by this muddled (and boring) legal content.

[@rookiediver]

What's Niall done to his hair? It's not very subtle!!

[@jsfriedberg]

Good discussion, but I think it misses the point on the role of the Federal Government vis-a-vis unenumerated rights. Seems to me, the founders understood they would not be able to enumerate rights either as a list or as a set of principles, and simply left it to the people and their local / state governments to hash it out.

[@elrevesyelderecho]

50:39 talking about that John, when you are to discuss how the WEF destroyed SRI Lanka's economy/Country? Thanks.

[@imnotanalien7839]

All of the topics were really interesting. The affirmative action policies on universities is going to be impossible to stamp out, I think, because of the influence of the federal government. The universities cannot exist without the money coming in, not only student loan money, but research grant money, which can reach into the billions of dollars. The universities also get tax deductions for hiring minorities, union employees, tied to the federal government, etc., it’s endless. The California University system, is run by the democrat party and the federal government, which is tied like glue to affirmative action… so the Supreme Court decision, will have zero impact on the university system for white people, some UC campuses are openly hostile. The ruling may have some impact on Asians, but at the expense of white students. UCB has disgusting open hostility to white students…I actually think that campus should be defunded entirely and not receive one penny of taxpayers dollars. Forty years ago I was an MBA student at UCI, today I would not be admitted because of the color of my skin.

[@stooge389]

45:00 sort of like the South seceding and giving Lincoln a free hand with congress

[@dicknawson]

Kind of fell apart on the municipal grocery store.. yeah, it probably won’t be good, but I’m not sure that a city run store is a “doom loop” in the same vein as massive disinvestment in Detroit from the 1960s

[@rsk496]

The elits sure can talk about it, and I'm glad for that part...not sure or comfortable with elites dying their hair. Some authenticity is diminished in illusion and vanity.

[@jerrysmith5782]

Equal protection in no way interferes with affirmative action for the disadvantaged. Means-based affirmative action is 100% legal. The problem is that simple-minded people (liberals, in this case) tend to stereotype people, instead of treating individuals as individuals. Example: Most black people are disadvantaged, therefore black = disadvantaged.

[@dangin8811]

russia is good, china is good, iran is good

[@dannyv2468va2]

What classes will look like at Stanford now? More Asian less black. A merit-based admissions at any US university. will lead to the same. Why do American universities want more mediocrity? Anyone who opposes this policy are condemned.

[@carlswenson5403]

A word on tipping .. you guys likely have little knowledge on how shitty it is to stand behind that counter for not much money. I know some places its getting a little egregious, but if you can afford an extra dollar or some change, it will make that persons day

[@SafeSpaceCafe]

Must have been difficult to open ask for reform when the world is looking for hyperbolic speeches, tough being right I bet...

[@elrevesyelderecho]

1:01:48 cities and countries my dear historian. Cuba, Argentina, Venezuela. Chile coming soon? Colombia? Yeah...the old fashion Marxist approach and it perks. #I'veBeenInTheLineForFood

[@UppiliSridharan]

John Cochrane's political leaning talking points being passed off as expert opinion is nauseating. If you are a Supreme Court justice who wields the power to change the rule of law for the entire country by your opinion, the least that should be expected of you is to have a moral compass and act ethically. Don't falsely equate questions of ethics with politics.

[@b52-hnukesr69]

Amazing how great these guys are on facts and poor they are on opinion.

[@user-gf7ge6fg2l]

The elephant in the room not even mentioned - how ridiculous Niall's hair coloring is. Grow old gracefully, man

[@THEMAX00000]

Hopefully the classes will look like they should now that the SJW BS giving people a free ride is gone.

[@gavinmc5285]

imagine if you were the butt of their truman show joke? as powerless as american pi. cruelty doesn't begin to describe power in its bitter form. you can sing when you're winning. unless you stand tall on blueberry hill. my brown eyed girl.

[@tuco1099]

Stupid flippant remark by ferguson at 36mins. Thr us tradition of liberty comes from England as does the bill of rights.

[@crazypaulinquebec]

An excellent interchange!! Many thanks to the H-I and the Goodfellows! My comment to one Goodfellow: I'm sorry but it strikes me that Libertarianism is not a good fit for a modern society. The Nordic and Canadian model....please.

[@wegder]

Who likes free speech more, trump or putin?

[@carrellochka]

Why nobody talks about US invading half of middle east and getting away with it yet Russia invading Ukraine is big deal? Work on you double standards, guys.

[@jkbrown5496]

Move the UN to a location more central to global population, or at least central to the world's nations. Do it for climate change to cut down on the carbon footprint of those moving, working and visiting the UN. Mogadishu looks quite central.

[@paulelder6702]

Niall, I don't think many American parents buy their kids entry to college. Yes, maybe a few, but few can afford. A minor issue.

[@danphillips4590]

FJB

[@tedwards000]

You guys hate progressives.

[@roughhabit9085]

Progressive academic policies have produced progressive illiteracy for example.

[@judge4all]

Of tenure didn’t exist. I imagine u would all be on the dole.