Birthright, Free Speech, and War: Law Talk Live at UT Austin

In this live episode of Law Talk With Epstein, Yoo & Cooke at UT Austin, hosts Charles C.W. Cook, John Yoo, and Richard Epstein engage in a spirited debate on three major legal topics: birthright citizenship, free speech in professional contexts, and the laws of war. The discussion begins with a deep dive into the Supreme Court's recent oral arguments on birthright citizenship, where Epstein expresses sorrow over the perceived failure of the justices to overturn Wong Kim Ark, arguing that the doctrine circumvents federal naturalization statutes. Yoo counters that precedent, historical practice, and the lack of a viable legislative path make a reversal unlikely, despite the policy concerns around birthright tourism. The conversation then shifts to a First Amendment case involving Colorado’s regulation of therapy practices, with both experts agreeing that the state’s attempt to control professional speech violates free expression, especially when the treatment is non-physical. Epstein emphasizes the danger of licensing bodies becoming tools of ideological suppression, while Yoo warns against the slippery slope of regulating speech under the guise of professional ethics. Finally, the panel examines war crimes in the context of U.S.-Iran tensions, with Epstein condemning Iran’s attacks on civilian infrastructure as clear violations of the laws of war, while Yoo argues that the U.S. and Israel’s actions, though controversial, are justified under anticipatory self-defense. The episode concludes with a broader philosophical discussion on the nature of international law, its enforceability, and the role of power in shaping compliance.