Make No Law: The First Amendment Podcast

4.9 (635)
POLITICS
UPDATED BIMONTHLY

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.

11/29/2021

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 f**k because many find it offensive. Learn more about your ad choices. Visit megaphone.fm/adchoices

28 min
10/28/2020

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
06/03/2020

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
08/28/2019

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
04/18/2019

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
11/29/2018

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 f**k because many find it offens Learn more about your ad choices. Visit megaphone.fm/adchoices

28 min
09/12/2018 · 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
07/27/2018

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.” Learn more about your ad choices. Visit megaphone.fm/adchoices

29 min

See All (15)

4.9

out of 5

635 Ratings

Excellent!

10/07/2022

Eloise370153

I heard about this podcast on Serious Trouble and then binged it all in a few days. Ken brings a humorous, down to earth, and well informed take on nuanced legal topics. The production quality is quite good too. Please bring this back Ken, even if it's just you recording in a closet. I'm itching for more legal nerd talk.
Fantastic Teaching Resource!

01/27/2022

aimeemarie77

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!
just stick to the cases

05/06/2022

hi32192

weird sound effects and music are unnecessary and annoying.
The perfect law podcast

11/04/2020

Aus42

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.

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.