15 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

    • News
    • 4.9 • 628 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.

    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 offensive.

    • 27 min
    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.

    • 34 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.

    • 27 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.

    • 27 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?

    • 32 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

    • 27 min

Customer Reviews

4.9 out of 5
628 Ratings

628 Ratings

aimeemarie77 ,

Fantastic Teaching Resource!

Make No Law is an incredibly valuable tool for educators teaching First Amendment law. He makes connections between history, logic, legal concepts, and arguments that help make the law accessible and concrete. I even re-listen to older episodes before I teach the topic, even topics I’ve been teaching for a decade. All I can ask for is more podcasts, please!

hi32192 ,

just stick to the cases

weird sound effects and music are unnecessary and annoying.

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.

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