What Up Holmes?
This episode traces how Supreme Court Justice Oliver Wendell Holmes, initially hostile to broad free speech protections, radically changed his views during World War I and authored the famous Abrams dissent that introduced the 'marketplace of ideas' metaphor. The hosts, along with law professor Thomas Healy, explore what caused Holmes's shift, then examine how that marketplace metaphor has shaped a century of First Amendment thinking and how it breaks down in the age of social media and misinformation, drawing on MIT researcher Sinan Aral's Twitter study and media lawyer Nabiha Syed's critiques. The episode closes by proposing that free speech should be seen as an ongoing democratic experiment that must be continually rethought, including by centering listeners' rights and information health.
Kimmel & ABC, Nvidia's OpenAI Investment, and Tylenol's Trump Problem
Kara Swisher and Scott Galloway discuss Jimmy Kimmel's emotional late-night return after his Trump clash, what it reveals about masculinity, and why late-night TV is structurally in decline despite strong individual performances. They analyze Nvidia's $100 billion investment in OpenAI as a potentially late-stage bubble, related-party style deal that concentrates AI power and raises antitrust concerns, then examine Trump's unsupported claim that Tylenol causes autism, what Kenview should do in response, and the classic Johnson & Johnson Tylenol tampering case as a crisis-management model. The hosts also cover YouTube's decision to reinstate previously banned misinformation accounts under political pressure, a Florida investigation into Office Depot over a refused Charlie Kirk poster, their expectations of cronyism and giant, likely disastrous M&A deals, and end with a strong plea for adopting rescue dogs amid rising pet surrenders.
ABC Pulls Jimmy Kimmel, Pam Bondi's Free Speech Mess, and Trump Sues The New York Times
Hosts Kara Swisher and Scott Galloway discuss ABC's decision to pull Jimmy Kimmel Live after a segment about the Charlie Kirk shooting, criticizing pressure from FCC commissioner Brendan Carr, conservative station owners, and Disney CEO Bob Iger as an attack on free speech. They examine Florida Attorney General Pam Bondi's comments about targeting "hate speech," Trump's defamation lawsuit against The New York Times, media consolidation, and Scott's idea of economic pushback by affluent consumers. The episode also covers FBI Director Kash Patel's combative congressional testimony, NVIDIA's stake in Intel and China's response, Trump's extended TikTok deadline and proposed sale structure, and closes with political chatter about Pete Buttigieg and a prediction of a coming M&A wave.