14 episodes

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.

Make No Law: The First Amendment Podcast Legal Talk Network

    • Politics
    • 4.9 • 577 Ratings

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.

    Imminent Lawless Action

    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.

    • 33 min
    I Know It When I See It

    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.

    • 26 min
    Deplatformed: Social Media Censorship and the First Amendment

    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.

    • 26 min
    Gag

    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?

    • 31 min
    The F-Bomb

    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 f**k because many find it offens

    • 26 min
    Bonus: The Mailbag Episode

    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.

    • 33 min

Customer Reviews

4.9 out of 5
577 Ratings

577 Ratings

Aus42 ,

The perfect law podcast

Ken is nothing short of a podcast wizard! He knows exactly how to describe a case in a way that interests lawyers and non-lawyers alike. He gives all the right details and all the right historical context. The only criticism I have is that it doesn’t come out every week of the year.

For the record, I am an attorney whose interest in the First Amendment is more than just a passing one, and I learn something about the Constitution and our nation on every episode. Please listen.

wisgrown ,

Best First Amendment Pod on the Web

Just a great podcast with all the details you want to help you understand.

Long_John_Sliver ,

Down in the Weeds

And, where your fundamental rights (speech, religion, assembly) are under threat, isn't that where you want to be? Ken White talks to some genuine experts and explores the nuances that most media can't get into. You don't have to be a lawyer to understand it, either.

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