Ep. 39 Judge Richard Posner on the First Amendment

Last week, Judge Richard Posner suddenly retired from the 7th
U.S. Circuit Court of Appeals after nearly 36 years on the bench.
The 1981 President Reagan appointee authored over 3,300 judicial
opinions during his tenure and is widely considered one of the
most vocal, provocative, and influential appellate court judges
of all time.


On today’s episode of So to Speak, we hear Judge Posner’s candid
thoughts on the First Amendment as we play for you a conversation
he had with Professor Geoffrey Stone on May 16, 2016, at the
University of Chicago Law School.


In this wide-ranging and candid dialogue, Judge Posner discusses
his views on executive power in wartime, including why he
believes President Franklin Roosevelt was justified in interning
Japanese-Americans during World War II and why President Abraham
Lincoln was right to ignore the Supreme Court’s decision in Ex
Parte Merryman. He also addresses Citizens United v. FEC
(“terrible”), the Supreme Court in general (“a mediocre
institution”), McCullen v. Coakley, the Pentagon Papers, flag
burning, and much, much more.


This podcast is presented as part of So to Speak’s exclusive
partnership with the First Amendment Salon. The First Amendment
Salon is a quarterly gathering of members of the First Amendment
community for a 90-minute discussion with leading thinkers
concerning a timely topic related to freedom of expression.


VIDEO: youtu.be/bhLJliXX848


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