Bonus Podcast: Richard Epstein Censored by YouTube

We’re going to offer some bonus podcast content this week as there is a lot going on in the run-up to next Monday’s Supreme Court oral argument on the Harvard/UNC affirmative action admissions cases. We may even have a couple short episodes of the 3WHH on a couple of loose ends from last weekend’s show to respond to some listener questions and comments.

But first, this special and highly newsworthy episode. Last February John Yoo and I hosted  the distinguished legal scholar Richard Epstein for a lecture at Berkeley Law on his most recent book, The Dubious Morality of Modern Administrative Law. Given that we were still under a mask mandate on campus at the time, Richard decided to talk about our COVID misadventures as a prime example of the administrative state run amok. Following the lecture, we posted it to the law school’s YouTube channel as we always do.

Lo and behold, a few days ago YouTube took down the video of Richard’s talk on ground that it violates YouTube’s terms of service relating to spreading “misinformation” about COVID. Here’s how the university’s website for our Public Law and Policy Program now appears:

Let that sink in: at the home of the modern “free speech” movement, YouTube has decided to play its Big Brother role to the hilt. YouTube further informs us that we have a “Community Guidelines strike” on our record, and a one-week probation period during which we are prohibited from posting any new content or streaming any event. (And we have a brand new lecture from Ilya Shapiro in the can and ready to go).

Clearly the minimum response is to share the lecture with our listeners now. And so here it is. Stay tuned for updates.

So listen here, of mask up and head over to our hosts at Ricochet.


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