In this episode, Jacob M. Schriner-Briggs, a Visiting Assistant Professor at Chicago-Kent College of Law, discusses his article "Against First Amendment Traditionalism," which will be published in the Kentucky Law Journal. Schreiner-Briggs begins by observing that the Supreme Court has recently suggested that its "history and tradition" based interpretation of the Second Amendment is also appropriate for interpreting the First Amendment. He explains why such an approach would affect the First Amendment differently from the Second Amendment, potentially increasing the government's ability to regulate politically disfavored favored speech. And he argues that this would be a normatively undesirable outcome, in relationship to pluralist democratic values. Schriner-Briggs is on Bluesky.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye and on Bluesky at @brianlfrye.bsky.social.

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