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

In this live episode of Law Talk at UT Austin, hosts Charles C.W. Cook, John Yu, and Richard Epstein engage in a dynamic and often emotional debate on three major legal topics: birthright citizenship, First Amendment rights in professional speech, and the laws of war. The discussion begins with a passionate exchange on the Supreme Court's recent oral arguments regarding birthright citizenship, where Epstein expresses deep sorrow over what he sees as a constitutional and historical misstep, arguing that the doctrine undermines federal naturalization statutes and precedent. Yu counters that the Court is likely to uphold the long-standing precedent of *Wong Kim Ark*, especially given the lack of a clear majority to overturn it and the practical reality that illegal immigration has been drastically reduced under the Trump administration. The conversation then shifts to a First Amendment case involving Colorado’s regulation of therapy practices, with both guests agreeing that professional licensing should not be used as a tool to suppress speech, especially when the treatment is non-physical. Epstein defends the state’s right to protect vulnerable children, while Yu warns against the slippery slope of government control over professional expression. The final segment tackles war crimes, with Epstein condemning Iran’s targeting of civilian infrastructure as a clear violation of international law, while questioning the legitimacy of the U.S. and Israel’s actions under formal international law. The panel concludes with a broader philosophical discussion on whether international law is truly binding without enforcement, ultimately agreeing that norms, even if not legally enforceable, carry moral and practical weight—especially when backed by a dominant power like the U.S. in the Pax Americana era.