Imminent Lawless Action
In 1919, The US Supreme Court in Schenck v. United States established the rule that if words create a "clear and present danger" to incite criminal ac...
Make No Law: The First Amendment Podcast
Share:
Listens: 11
About
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.
I Know It When I See It
How do you know when something’s obscene? It’s not exactly an easy question. Plenty of now respected works were, at one point, declared obscene and su...
Deplatformed: Social Media Censorship and the First Amendment
Politically conservative voices have been arguing recently that social media outlets such as Twitter, Facebook, and Youtube have been illegally censor...
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 t...
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 f...
Bonus: The Mailbag Episode
While the idea of free speech seems straightforward enough, its execution can be a little messy. Current events especially have underscored the comple...
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 deci...
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...
Street
What pushes a 51 year-old decorated World War II veteran to burn the American flag? In June of 1966, Sidney Street heard the news that James Meredith,...
Crush
The Animal Crush Video Prohibition Act of 2010 was an animal cruelty prevention law aimed at videos showing women in high heels crushing small animals...