The Constitution generally covers only government action; if a private university expels students for their speech, or a private shopping mall forbids leafletting, or a private employer fires an employee for backing some candidate, that doesn’t violate the First Amendment. But state laws in roughly half the states do limit some such private restrictions on speech and political activity, especially ones imposed by private employers, much as federal law limits private employers’ restriction on their employees’ religious activity. Should there be more such laws? Fewer? Eugene Volokh and Jane Bambauer talk about this, and more. For more details on the topic discussed, visit: https://www.hoover.org/research/free-speech-private-power-and-private-employees?utm_source=youtube&utm_medium=description&utm_campaign=fsu_youtube ABOUT THE SPEAKERS: Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California – Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court. Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. For more information about Free Speech Unmuted, visit: https://www.hoover.org/publications/free-speech-unmuted?utm_source=youtube&utm_medium=description&utm_campaign=fsu_youtube __________ The opinions expressed are those of the authors and do not necessarily reflect the opinions of the Hoover Institution or Stanford University. © 2025 by the Board of Trustees of Leland Stanford Junior University. 🔔 Subscribe for more discussions: @HooverInstitution 👍 Like and share this video! 🌐 Follow us on social media: • Facebook: https://www.facebook.com/HooverInstStanford • LinkedIn: https://www.linkedin.com/company/hoover-institution-at-stanford-university • Instagram: https://instagram.com/hooverinstitution • X: https://www.twitter.com/HooverInst