Lex Fridman - Harvey Silverglate

1) Harvey Silverglate discusses the importance of freedom of speech and why hate speech should not be banned, even in schools. He believes that hate speech is as important as love speech, and that exposing oneself to emotional pain or discomfort is the price we pay for living in a free society. Silverglate argues that censoring speech leads to a censorship of thought, and that without free speech, decision-making processes become poorer, less robust, and ultimately less successful. He believes in Free Speech absolutism and thinks that hate speech does not lead to physical harm or violence, and that we have developed a culture where we talk back instead of resorting to physical violence.

2) Harvey Silverglate discusses the challenges posed by the internet to free speech absolutism, stating that he has no different rules for freedom of speech on the internet than in newspapers or lectures. He argues that even on the internet, free speech absolutism should rule, with exception to direct threats and defamation. While the internet has allowed speech to become viral and spread quickly to large audiences, with the potential for cyberbullying and attacks on ideas, Silverglate believes that this is a small price to pay for living in a free society, and that as long as nobody is going to die, the insult people feel is negligible.

3) Harvey discusses the importance of freedom of speech on college campuses and how censorship can be destructive to the educational enterprise. He argues that education comes from the clash of ideas, and if certain points of view are not allowed to be expressed, students do not receive a good education. Furthermore, he applies the scientific method to non-science subjects such as history and journalism and believes that every point of view should be thrown into the marketplace, including ideas that may lead to an increase in hate.

4) Harvey discusses the exceptions to the First Amendment that the Supreme Court has defined and how he disagrees with the defamation exception. He believes that individuals can defend themselves against defamation with more speech and authentic communication. Silverglate emphasizes the importance of freedom of speech and freedom of reach, allowing consumers of speech to have the right to select what they read or listen to. He explains that the theory of academic freedom should be to entertain all kinds of ideas, even the most hateful or threatening ones, and universities should not have speech codes to enforce specific ways of thinking.

5) Harvey expresses his belief that the overwhelming number of administrators in American higher education is detrimental to both academic freedom and tuition costs. He explains that many administrators are more concerned with controlling speech and behavior than with fostering academic growth, leading to a violation of freedom of speech. Silverglate argues that universities should focus on preparing students for life beyond graduation and that knowing who doesn't like you and being insulted are essential experiences for all students. He makes the case that the university's job is to protect students from physical assault but not from insult, and that it is crucial to know who dislikes you to develop a deeper understanding of human nature.

6) Harvey discusses the importance of academic freedom and free speech in the educational system. He mentions that universities are the ideal place for students to explore and learn in every way possible. However, he believes that the educational system has lost this sense of academic freedom and free speech, which needs to be taken more seriously. Silverglate is running for the Harvard Board of Overseers, and he hopes to change the current situation by protecting free speech and academic freedom in the university.

7) Harvey discusses the importance of freedom of speech and academic freedom in higher education. He argues that it is impossible for students to feel comfortable if liberal education is taken seriously and that one of the primary roles of a college education is to challenge the beliefs that students grew up with. Silverglate believes that free speech and academic freedom are necessary for ideas to clash, and for truth or a better truth to emerge. He is opposed to affirmative action, as he believes that it labels people by their race, religion, and national origin, which is precisely what we do not want people to do.

8) Harvey predicts that the Supreme Court will vote six to three to abolish affirmative action, as it is a violation of equal protection of the law and hasn't performed its role well in the past 25 years. He suggests that the effort should be put into improving the quality of elementary and secondary education instead of affirmative action. Silverglate believes that the public school system's quality is poor because of the control of the teachers' union, which causes a skewed power balance between the teachers union and taxpayers. He proposes hiring skilled teachers rather than union members and opposes public workers' unions while being supportive of private sector unions.

9) Harvey talks about his opposition to unions for public employees, such as the National Teachers Association, and believes that the public school system will never improve as long as teachers are unionized. He suggests that the core issue resulting in the inequality of opportunity that affirmative action aims to solve is the Elementary and secondary education system. Silverglate believes that the diversity inclusion and equity programs at universities, such as Harvard and MIT, cover up the wounds of inadequate education at earlier levels.

10) Harvey discusses the importance of the First Amendment for newspapers and how they often give good publicity to cases of censorship which catalyzes embarrassment for the universities involved. He also talks about the controversy surrounding the naming of buildings at universities after donors, with examples like the Sackler Building at Harvard. Silverglate believes that universities need to be more transparent about their mistakes and not hide them if they want to protect the freedom of speech. He also criticizes academic administrators for being thin-skinned, politically correct, and holier-than-thou, saying that he would fire 90-95% of them.

11) Harvey Silverglate discusses his belief that universities should not have a moral test for their donors and that he draws the line at naming rights for buildings. He also talks about the abuse of power in universities, including sexual impropriety towards students, and how there are still people who abuse their power in these institutions. Silverglate believes that the political left has divided between progressives and liberals, and that the former are willing to bend the First Amendment and due process of law in the pursuit of equality.

12) Harvey discusses his views on true equality and the importance of education as a means to increase opportunities for the lower classes. He believes that true equality cannot be achieved through discrimination but rather by improving the education system and overcoming problems such as teachers unions. Silverglate also emphasizes the importance of protecting academic freedom, even for controversial figures such as Jordan Peterson. He argues that universities have an absolute obligation to protect the academic freedom of even the most controversial faculty members as outliers might hold the key to solving society's ailments.

13) Harvey talks about how he was offered a tenure-track position at Harvard Law School, but refused due to it being a bad fit, with administrators overrunning the place and faculty members being afraid to say things. He mentions that he saw this problem emerging as early as the mid-1980s, before co-authoring the book "The Shadow University" in 1998 and co-founding FIRE (Foundation for Individual Rights in Education) in 1999. Silverglate then goes on to share a story about a freshman orientation exercise he witnessed at Hamline University where students were lined up according to their skin hues, and had to describe how their race had affected their success in life.

14) Harvey discusses the importance of facing reality in the world, even if that means acknowledging the unpleasantness that exists such as genocide and discrimination. He believes that words, even if they express unpleasant ideas, are necessary for communicating fact, truth, and reality. Silverglate also speaks about the role of the interviewer when it comes to exposing controversial figures such as Hitler and Epstein. He defends the job of a criminal defense lawyer and says that everyone has the constitutional right to representation, even if they are seen as nasty people.

15) Harvey discusses political correctness and the 2016 US Presidential election. He recounts an experience at Harvard during election night where faculty members were celebrating a Hillary Clinton victory, only to be disappointed when Donald Trump won the Electoral College. Silverglate believes that preening ambition and its resulting arrogance can blind people to reality, and ultimately led to Trump's victory as a big "F**k you" to political correctness. The conversation then shifts to Silverglate's belief that the FBI should be abolished due to its corrupted culture established by J. Edgar Hoover, making it impossible to reform and ensure agents follow the Constitution.

16) Harvey explains how the FBI works and how they manipulate interviews. He advises his clients to record FBI interviews, as he believes the official records are often inaccurate and that the organization is fundamentally corrupt. Silverglate suggests that the FBI should be abolished, and if there's a need for a federal investigative agency, a wholly new one should be created. He finds wiretapping and electronic surveillance very intrusive and believes that drug cases shouldn't warrant surveillance at all. Silverglate argues that the FBI's goal is to find someone guilty instead of solving cases.

17) Harvey discusses how the Supreme Court has allowed a situation where anything can be made a federal crime if the means of interstate communication or travel are used during the commission of the crime. He argues that this has led to an illusory limitation on the federal government's authority to bring charges in criminal cases and that the feds can indict anyone they want, allowing them to terrorize dissidents. Silverglate also criticizes the current Supreme Court for treating precedents as if they don't have any role and suggests that enlarging the court to get more liberals on it will lead to a constant fiddling with a very important institution.

18) Harvey reflects on his life and how he managed to make it as a lawyer without joining a law firm. He discusses his elite education at Princeton and Harvard Law School, but notes that attending top institutions isn't a requirement for success. He describes a scenario in which his parents wanted him to marry the daughter of their family physician and take over the medical practice, but after spending a summer in Paris, he decided to become a lawyer and ended the relationship. The transformative experience in Paris had an outsized effect on his life, and he always remembers the famous line from Casablanca, "We'll always have Paris."