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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...