Make No Law: The First Amendment Podcast

By Legal Talk NetworkNews Government Politics History

Make No Law: The First Amendment Podcast episodes

September 08, 2025 INTRODUCING: For the Innocent Season 3 | Amanda Knox, JJ Velasquez, and More
Hosted by Michael Semanchik, For the Innocent exposes the shocking reality of wrongful convictions through raw, first-person stories from the exonerated. Season 3 returns September 9th featuring powerful accounts from Amanda Knox, JJ Velasquez, Bruce Lisker— three exonerees whose names have become synonymous with injustice— and more.
Through their voices, uncover how the justice system failed them, what it took to win back their freedom, and the lifelong impact of being branded guilty while innocent. Plus, hear legal and criminal experts break down the systemic flaws from false confessions and eyewitness misidentifications to flawed forensic science and corrupt police officers. This season uncovers the truth behind America’s most haunting wrongful convictions.
Season One and Two are now available.
Subscribe to the show on ⁠⁠⁠Legal Talk Network⁠⁠.

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6 min
November 29, 2021 The F-Bomb
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. This jacket featured “STOP THE WAR,” two peace signs, and the phrase “FUDGE THE DRAFT” (only it didn’t say “fudge”). The result was a court battle over whether the government has the power to punish the use of the word fuck because many find it offensive.

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29 min
October 28, 2020 Imminent Lawless Action
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.

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36 min
June 03, 2020 I Know It When I See It
Host Ken White dives into the famously ambiguous obscenity standards set forth by the United States Supreme Court.

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29 min
August 28, 2019 Deplatformed: Social Media Censorship and the First Amendment
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.

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29 min
April 18, 2019 Gag
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?

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34 min
November 29, 2018 The F-Bomb
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. This jacket featured “STOP THE WAR,” two peace signs, and the phrase “FUDGE THE DRAFT” (only it didn’t say “fudge”). The result was a court battle over whether the government has the power to punish the use of the word fuck because many find it offens

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29 min
September 12, 2018 Bonus: The Mailbag Episode
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 block people on Twitter, and talks about how anti-SLAPP statutes work. Ken also takes advantage of the opportunity to discuss yelling on the internet and the constitutional right to petition the government.

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35 min
July 27, 2018 Fighting Faiths
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 ultimate source of famous First Amendment concepts and rhetoric?

In this episode of Make No Law, the First Amendment Podcast by Popehat.com, host Ken White explores Justice Oliver Wendell Holmes’s transformation into the First Amendment hero we know him as today. To do this, Ken discusses the Sedition Act of 1918, Holmes’s dissension in United States v. Abrams, and the discourse with his friends and colleagues that ultimately swayed his opinion on free speech. He also talks to Professor Thomas Healy, First Amendment and constitutional law professor at Seton Hall and author of “The Great Dissent: How Oliver Wendell Holmes Changed His Mind And Changed The History Of Free Speech In America.”

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30 min
June 28, 2018 Fire in a Crowded Theater
“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 Justice Oliver Wendell Holmes. He penned the phrase in 1919, not to justify moderate limits on speech, but to justify government prosecution of those speaking out against the draft.

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31 min

About Make No Law: The First Amendment Podcast

From the publisher's feed

Ken White explores the background of important First Amendment cases and the personalities and history that led to them. Join Ken, First Amendment litigator and law blogger at Popehat.com, as he…