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. Thi

Imminent Lawless Action

Oct 28th, 2020 34m 29s

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.

I Know It When I See It

Jun 3rd, 2020 27m 15s

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

Deplatformed: Social Media Censorship and the First Amendment

Aug 28th, 2019 27m 15s

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.

Gag

Apr 18th, 2019 32m 11s

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?

The F-Bomb

Nov 29th, 2018 27m 12s

Bonus

Bonus: The Mailbag Episode

Sep 12th, 2018 33m 58s

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 President Trump’s ability to

Fighting Faiths

Jul 27th, 2018 28m 26s

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 jurisprudence, become the ultima

Fire in a Crowded Theater

Jun 28th, 2018 29m 21s

“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 of Supreme Court Justic

Street

May 16th, 2018 33m 8s

In June of 1966, Sidney Street heard the news that James Meredith, an icon of the Civil Rights Movement, had been shot on the second day of his March Against Fear. Street, an African American himself, burned the flag and was arrested. Street de

Crush

Apr 12th, 2018 37m 31s

The Animal Crush Video Prohibition Act of 2010 was an animal cruelty prevention law aimed at videos showing women in high heels crushing small animals. But it ended up being used to target Robert Stevens instead. United States v. Stevens is a l

Disparagement, Contempt, and Disrepute

Mar 15th, 2018 26m 59s

Simon Tam named his band “The Slants” as a form of self empowerment, but ran into problems when he tried to tried to register the name as a trademark, and ended up taking the case to the Supreme Court. We examine the Matal v. Tam case in which

On The Job

Feb 14th, 2018 24m 34s

When Richard Ceballos, a deputy district attorney in Los Angeles County, expressed concern about the validity of a search warrant in 2000, he discovered the fuzzy line between free speech rights and the need for government entities to maintain

The Schoolhouse Gates

Jan 31st, 2018 33m 1s

In late 1965, a 13-year-old student named Mary Beth Tinker was suspended for wearing a black armband to school to support a truce in the Vietnam war. Through her parents, Mary sued the school. Ken White, alongside Mary Beth Tinker herself, dive

Fighting Words

Jan 31st, 2018 30m 30s

On April 6, 1940, a Jehovah's Witness named Walter Chaplinsky was arrested for yelling, “You are a God damned racketeer and a damned Fascist and the whole government of Rochester are Fascists or agents of Fascists” at a Rochester, New Hampshire

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