12 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, 520 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.

    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
    Fighting Faiths

    Fighting Faiths

    Everyone loves a good redemption story. Maybe that's because it helps us believe it's never too late to change. But how does the same Justice who decided Schenck v. United States, a low point for First Amendment jurisprudence, become the ultimate source of famous First Amendment concepts and rhetoric?
    In this episode of Make No Law, the First Amendment Podcast by Popehat.com, host Ken White explores Justice Oliver Wendell Holmes’s transformation into the First Amendment hero we know him as today. To do this, Ken discusses the Sedition Act of 1918, Holmes’s dissension in United States v. Abrams, and the discourse with his friends and colleagues that ultimately swayed his opinion on free speech. He also talks to Professor Thomas Healy, First Amendment and constitutional law professor at Seton Hall and author of “The Great Dissent: How Oliver Wendell Holmes Changed His Mind And Changed The History Of Free Speech In America.”

    • 27 min
    Fire in a Crowded Theater

    Fire in a Crowded Theater

    “You can’t yell ‘fire’ in a crowded theater” is one of the most commonly used First Amendment catchphrases -- but does it really support exceptions to free speech? The answer to this question can be found in the writings of Supreme Court Justice Oliver Wendell Holmes. He penned the phrase in 1919, not to justify moderate limits on speech, but to justify government prosecution of those speaking out against the draft.

    • 28 min

Customer Reviews

4.9 out of 5
520 Ratings

520 Ratings

Sooner_King ,

Love This Podcast

As a student of constitutional law and public policy I love hearing about these cases and the effect they have had on society and our first amendment rights. I wish there were more episodes about some of the lesser known first amendment cases, a podcast that mirrors this one about fourth amendment cases, or other civil rights and liberties cases.

strictlyfacts ,

Ken deserves to rot in hell

.

detorn ,

Overproduced

Really dig popehat but this is so overproduced that it’s unlistenable.

Top Podcasts In Politics

Listeners Also Subscribed To

More by Legal Talk Network