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Make No Law: The First Amendment Podcast

Oct 28, 2020

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 activity or violence, the government has the right to prevent and punish that speech. For nearly fifty years, through wars and the Red Scare, that rule was applied largely...


Jun 3, 2020

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 subject to judicial scrutiny - James Joyce’s Ulysses, Allen Ginsberg’s Howl, and George Carlin “7 Words You Can’t Say on TV” to name just a few. But how...


Aug 28, 2019

Politically conservative voices have been arguing recently that social media outlets such as Twitter, Facebook, and Youtube have been illegally censoring their views. They claim, as a result of their political leanings, that they are being “deplatformed”, or having their accounts suspended or removed. These...


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? In this episode of Make No Law, the First Amendment Podcast by Popehat.com, host Ken White talks to Steven Zansberg about gag orders and how far...


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...