Make No Law: The First Amendment Podcast

Make No Law: The First Amendment Podcast

Author: Legal Talk Network Language: English Episodes: 16
Hosted by Ken White, a seasoned First Amendment litigator and the voice behind the Popehat.com blog, Make No Law: The First Amendment Podcast digs into the real stories behind America's landmark free speech battles. This isn't just a dry legal review. Each episode focuses on the human drama-the plaintiffs, defendants, lawyers, and judges-whose personal convictions and circumstances collided to create the case law that defines our rights today. Through in-depth conversations with the very people who were there, Ken uncovers the historical context and the often-surprising motivations that don't make it into the official court records. Produced by the Legal Talk Network, the podcast serves as an essential listen for anyone curious about how the abstract principles of the Constitution play out in messy reality. You'll come away with a deeper understanding of why these legal fights matter, hearing firsthand accounts that illuminate the continuous struggle to interpret what "freedom of speech" truly means. It's a compelling blend of narrative history, personal interview, and legal analysis that makes complex doctrines accessible and genuinely engaging.
Episodes
The F-Bomb [not-audio_url] [/not-audio_url]

Duration: 28:12
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 h…
Imminent Lawless Action [not-audio_url] [/not-audio_url]

Duration: 35:29
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
I Know It When I See It [not-audio_url] [/not-audio_url]

Duration: 28:15
Host Ken White dives into the famously ambiguous obscenity standards set forth by the United States Supreme Court. Learn more about your ad choices. Visit megaphone.fm/adchoices
Deplatformed: Social Media Censorship and the First Amendment [not-audio_url] [/not-audio_url]

Duration: 28:15
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. Learn more about your ad choices. Visit megap…
Gag [not-audio_url] [/not-audio_url]

Duration: 33:11
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? Learn more about your ad choices. Visit megaphone.…
The F-Bomb [not-audio_url] [/not-audio_url]

Duration: 28:12
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 h…
Bonus: The Mailbag Episode [not-audio_url] [/not-audio_url]

Duration: 34:58
Host Ken White answers common questions his listeners have about freedom of speech and the First Amendment. He addresses the misleading claim that “hate speech is not free speech,”, explains the case that challenged Pres…
Fighting Faiths [not-audio_url] [/not-audio_url]

Duration: 29:26
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 decided Schenck v. United States, a low point for First Amendment jurispru…
Fire in a Crowded Theater [not-audio_url] [/not-audio_url]

Duration: 30:21
“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 free speech? The answer to this question can be found in the writings…