Episodes

  • The F-Bomb

    The F-Bomb
    Nov 29 2021
    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
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    27 mins
  • Imminent Lawless Action

    Imminent Lawless Action
    Oct 28 2020
    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
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    35 mins
  • I Know It When I See It

    I Know It When I See It
    Jun 3 2020
    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
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    28 mins
  • Deplatformed: Social Media Censorship and the First Amendment

    Deplatformed: Social Media Censorship and the First Amendment
    Aug 28 2019
    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
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    28 mins
  • Gag

    Gag
    Apr 18 2019
    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
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    33 mins
  • The F-Bomb

    The F-Bomb
    Nov 29 2018
    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
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    28 mins
  • Bonus: The Mailbag Episode

    Bonus: The Mailbag Episode
    Sep 12 2018
    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
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    35 mins
  • Fighting Faiths

    Fighting Faiths
    Jul 27 2018
    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
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    29 mins