Make No Law: The First Amendment Podcast

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.

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.

Host Ken White dives into the famously ambiguous obscenity standards set forth by the United States Supreme Court.

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.

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?