Make No Law: The First Amendment Podcast

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Ken White explores the background of important First Amendment cases and the personalities and history that led to them. Join Ken, First Amendment litigator and law blogger at Popehat.com, as he interviews some of the people behind America’s most important free speech cases.

08.09.2025 · Bonus

INTRODUCING: For the Innocent Season 3 | Amanda Knox, JJ Velasquez, and More

Hosted by Michael Semanchik, For the Innocent exposes the shocking reality of wrongful convictions through raw, first-person stories from the exonerated. Season 3 returns September 9th featuring powerful accounts from Amanda Knox, JJ Velasquez, Bruce Lisker— three exonerees whose names have become synonymous with injustice— and more. Through their voices, uncover how the justice system failed them, what it took to win back their freedom, and the lifelong impact of being branded guilty while innocent. Plus, hear legal and criminal experts break down the systemic flaws from false confessions and eyewitness misidentifications to flawed forensic science and corrupt police officers. This season uncovers the truth behind America’s most haunting wrongful convictions. Season One and Two are now available. Subscribe to the show on ⁠⁠⁠Legal Talk Network⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

6 Min.
29.11.2021

The F-Bomb

On April 26, 1968, Paul Robert Cohen walked down the corridor of the Los Angeles County Courthouse at the corner of Grand and 1st. He didn’t start a fight, he didn’t make any threats, he didn’t even hold up a sign, but he did wear a jacket. This jacket featured “STOP THE WAR,” two peace signs, and the phrase “FUDGE THE DRAFT” (only it didn’t say “fudge”). The result was a court battle over whether the government has the power to punish the use of the word fuck because many find it offensive. Learn more about your ad choices. Visit megaphone.fm/adchoices

28 Min.
28.10.2020

Imminent Lawless Action

Ken White explores how the First Amendment has handled inflammatory speech, from Schenck to the current Brandenburg standard and all the way up to today. Learn more about your ad choices. Visit megaphone.fm/adchoices

35 Min.
03.06.2020

I Know It When I See It

Host Ken White dives into the famously ambiguous obscenity standards set forth by the United States Supreme Court. Learn more about your ad choices. Visit megaphone.fm/adchoices

28 Min.
28.08.2019

Deplatformed: Social Media Censorship and the First Amendment

Host Ken White looks at the legal bases of arguments made by critics of social media sites moderation and shows why Twitter, Facebook, and Youtube bans are legally protected. Learn more about your ad choices. Visit megaphone.fm/adchoices

28 Min.
18.04.2019

Gag

Criminal or civil, plaintiff or defendant — what’s the one piece of legal advice all should follow? Shut up! That being said, should a judge be able to make you do this? Learn more about your ad choices. Visit megaphone.fm/adchoices

33 Min.
29.11.2018

The F-Bomb

On April 26, 1968, Paul Robert Cohen walked down the corridor of the Los Angeles County Courthouse at the corner of Grand and 1st. He didn’t start a fight, he didn’t make any threats, he didn’t even hold up a sign, but he did wear a jacket. This jacket featured “STOP THE WAR,” two peace signs, and the phrase “FUDGE THE DRAFT” (only it didn’t say “fudge”). The result was a court battle over whether the government has the power to punish the use of the word fuck because many find it offens Learn more about your ad choices. Visit megaphone.fm/adchoices

28 Min.
12.09.2018 · Bonus

Bonus: The Mailbag Episode

Host Ken White answers common questions his listeners have about freedom of speech and the First Amendment. He addresses the misleading claim that “hate speech is not free speech,”, explains the case that challenged President Trump’s ability to block people on Twitter, and talks about how anti-SLAPP statutes work. Ken also takes advantage of the opportunity to discuss yelling on the internet and the constitutional right to petition the government. Learn more about your ad choices. Visit megaphone.fm/adchoices

35 Min.

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Ken White explores the background of important First Amendment cases and the personalities and history that led to them. Join Ken, First Amendment litigator and law blogger at Popehat.com, as he interviews some of the people behind America’s most important free speech cases.