Ep. 263: Free speech in Trump 2.0
Mon Feb 02 2026
One year into Trump 2.0, we examine the administration's record on free speech and how it compares to the president's campaign pledge to "bring back free speech to America."
We also discuss recent ICE protests, including the right to carry a gun and to film law enforcement, and what these encounters reveal about protest rights today.
Today we are joined by:
Clark Neily, senior vice president for legal studies at the Cato Institute
Timothy Zick, professor of government and citizenship at William & Mary Law School and author of the new book Trump 2.0: Executive Power and the First Amendment
Conor Fitzpatrick, supervising senior attorney at FIRE
Zick is also the author of Public Protest and Governmental Immunities, Managed Dissent: The Law of Public Protest, and Arming Public Protests.
Timestamps:
00:00 Intro
01:47 ICE protests: Alex Pretti, filming police, and the right to carry a gun
13:30 How to hold law enforcement accountable
19:10 Don Lemon's arrest
23:27 Trump's retribution politics and the "domestic terrorist" label
35:05 FCC pressure and attacks on the media
39:40 Free speech for noncitizens
53:49 Attacks on higher education
58:40 Trump 1.0 vs. Trump 2.0
01:02:25 What reforms are needed?
1:09:13 Outro
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One year into Trump 2.0, we examine the administration's record on free speech and how it compares to the president's campaign pledge to "bring back free speech to America." We also discuss recent ICE protests, including the right to carry a gun and to film law enforcement, and what these encounters reveal about protest rights today. Today we are joined by: Clark Neily, senior vice president for legal studies at the Cato Institute Timothy Zick, professor of government and citizenship at William & Mary Law School and author of the new book Trump 2.0: Executive Power and the First Amendment Conor Fitzpatrick, supervising senior attorney at FIRE Zick is also the author of Public Protest and Governmental Immunities, Managed Dissent: The Law of Public Protest, and Arming Public Protests. Timestamps: 00:00 Intro 01:47 ICE protests: Alex Pretti, filming police, and the right to carry a gun 13:30 How to hold law enforcement accountable 19:10 Don Lemon's arrest 23:27 Trump's retribution politics and the "domestic terrorist" label 35:05 FCC pressure and attacks on the media 39:40 Free speech for noncitizens 53:49 Attacks on higher education 58:40 Trump 1.0 vs. Trump 2.0 01:02:25 What reforms are needed? 1:09:13 Outro Enjoy listening to the podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack's paid subscriber podcast feed, please email sotospeak@thefire.org.