This Constitution
Does the freedom of the press protect only journalists with printing presses or everyone with something to say? From the founding era to social media, the line between “speech” and “press” has blurred. In this episode, host Savannah Eccles Johnston talks with legal commentator and former DOJ official Sarah Isgur about how the First Amendment’s protection of the press has evolved and whether it has gone too far. They explore three eras: the original understanding in 1791 (when “press” meant owning a printing press), the Supreme Court’s twentieth-century expansion of free speech, and today’s dilemmas over influencers, citizen journalists, and government access. Sarah explains why she’s a textualist free-speech absolutist (and why that means Jefferson is the bad guy in her bedtime stories), revisits the infamous Skokie Nazi march as the “apotheosis of the First Amendment,” and breaks down two very different recent cases: Afroman (lemon pound cake, police mockery, and a jury victory) and La Gordil Loca (a citizen–journalist arrested for asking a state employee for information). The conversation also covers New York Times v. Sullivan, the Pentagon press access fight, and why Sarah’s new book, Last Branch Standing, argues the Supreme Court is more Ted Lasso than Game of Thrones. In This Episode * (00:00) Introduction * (00:11) Meet Sarah Isgur and episode overview * (01:32) What did “the press” mean in 1791? * (03:03) Freedom of the press vs. freedom of speech * (03:46) Defamation and truth at the founding * (05:43) Are Americans freer today than ever before? * (06:17) New York Times v. Sullivan and modern defamation law * (09:21) Free speech and the search for truth * (09:47) Originalism vs. textualism * (12:57) The Skokie Nazi march * (13:35) Free speech in extreme cases * (14:01) Is Mill wrong in 2026? Echo chambers, algorithms, and truth * (17:18) Crisis and the dangers of “this time is different.” * (17:26) The Afroman case and viral speech * (20:41) Citizen journalism and the Priscilla Villarreal (“La Gordiloca”) case * (22:19) Profit, media, and credibility * (23:05) Juries and American free speech instincts * (24:46) Pentagon press access rules * (26:31) The complexity of press freedom in practice * (28:09) Viewpoint neutrality and unintended consequences * (29:57) Sarah’s book: Last Branch Standing * (32:06) Outro Notable Quotes * (05:07) “An American living in 2026 has a greater protection under the First Amendment for their speech than at any time in the rest of our history. And it’s not even close.” — Sarah Isgur * (10:42) “A textualist would simply look at the text of the First Amendment that says, ‘Congress shall make no law abridging the freedom of speech.’ Sorry, that’s an absolutist statement. I don’t really care what you thought you were doing at the time.” — Sarah Isgur * (12:11) “Jefferson is the bad guy in every story. When I tell my kids bedtime stories, it’s Jefferson who is the boogeyman coming after them in the night.” — Sarah Isgur * (12:58) “The greatest moment in American legal history is when the Nazis marched through a neighborhood of Holocaust survivors in Skokie, Illinois. 99.9% of people found it repugnant. As a country, we said, fine, say it. See who you can convince.” — Sarah Isgur * (17:26) “Doesn’t every road lead us to Afroman?” — Sarah Isgur * (31:46) “Congress isn’t doing its job. The President is trying to take over all the jobs of the other branches. The Supreme Court is the last branch standing.” — Sarah Isgur (on her book title)
54 episoder
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