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 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.
Ken White explores the origins of the phrase “You can’t yell ‘fire’ in a crowded theater” and whether or not it actually calls for exceptions to the First Amendment.
In this episode of Make No Law, host Ken White examines Street v. New York, the Supreme Court case which concluded that the First Amendment allows freedom of expression towards the American...
Ken White and guest Marc Randazza examine the question of whether the government can continually come to the Supreme Court with potential exceptions to the First Amendment.
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...
Ken White explores the Garcetti v. Ceballos case, the results of which saddle government employees with a tough decision when reporting misconduct to their superiors.
In this inaugural episode of Make No Law, the First Amendment Podcast by Popehat.com, host Ken White explores the Chaplinsky v. New Hampshire case and the ensuing “fighting words” doctrine, which is...
