Podcasts about make no law

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? In this episode of Make No Law, the First Amendment Podcast by Popehat.com, host Ken White talks to Steven Zansberg about gag orders and how far judges can go to restrict the dissemination of case information. They outline the practices of issuing prior restraints and gag orders on case participants and the media, and discuss whether these orders are constitutional. Steve talks about his litigation efforts to keep courtrooms and court records open and they highlight the fact that the legal profession’s rules of professional conduct contain restrictions that negate the need for additional orders issued by judges. For more than two decades, Steven D. Zansberg has represented media companies, online publishers, and individuals in defending claims based on content, fighting subpoenas, and seeking access to government information and proceedings.

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. In this episode of Make No Law, the First Amendment Podcast by Popehat.com, host Ken White takes a look at the case Cohen v. California and whether or not the F word is protected by the First Amendment. He addresses the claims that foul language qualifies as fighting words and/or disturbs the peace while also discussing how defending the right to use the word often involves using the word. This episode features guests Melissa Mohr, author of a book called “Holy Shit: A Brief History of Swearing,” and Alan Garfield, a professor at Delaware Law School. It also includes snippets from the case itself and a brief soundbite of your mom.

While the idea of free speech seems straightforward enough, its execution can be a little messy. Current events especially have underscored the complexity of what is protected by law and what is a punishable offense. Luckily, there are First Amendment lawyers that can answer our questions. In this episode of Make No Law, the First Amendment Podcast by Popehat.com, 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.

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.”

“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. In this episode of Make No Law, the First Amendment Podcast by Popehat.com, host 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. Featured guests include history professor Michael Kazin, who shares his knowledge of the WWI effort and the resulting tension, and author Nat Brandt, who expands on what made fire in a theater such a powerful analogy. Ken also discusses the Espionage Act of 1917 and the role of Oliver Wendell Holmes in the history of free speech.

What pushes a 51 year-old decorated World War II veteran to burn the American flag? 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 declared, “If they let that happen to Meredith, we don’t need an American flag.” So sparked the question of whether the government can punish someone for using words to defile or disrespect an American flag. In this episode of Make No Law, the First Amendment Podcast by Popehat.com, 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 flag -- if not yet the right to burn it. The episode features the input of Professor Aram Goudsouzian, the chair of the History Department at the University of Memphis, and the author of the book “Down to the Crossroads: Civil Rights, Black Power, and the Meredith March Against Fear.” The episode also features a listener question from Ben Olson about the inclusion of the word “Congress” in the First Amendment -- if the First Amendment says it only applies to Congress, why is it applied to protect us from action by state and local government? This question leads Ken to discuss the Fourteenth Amendment and the Incorporation Doctrine. If there’s a case you want to hear about, or a First Amendment question you’d like answered on the podcast, email Ken at ken@popehat.com.

Law isn't simple, and truly learning about it takes more than a few short primers or even an in-depth guide or two — which makes it the perfect topic to explore via the medium of podcasts. This week, we've got a pair of guests who are doing exactly that: Ken White of Popehat fame, who recently launched the Make No Law podcast about First Amendment issues, and Elizabeth Joh, co-host of the What Trump Can Teach Us About Constitutional Law podcast. Instead of picking their brains about the law itself, we've got an episode all about their experience using podcasts to teach people about legal issues.

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. While the law took aim at these videos, it ended up being used to target Robert Stevens instead. United States v. Stevens is a landmark case that may be the most important First Amendment decision of the 21st Century so far, but not many people have heard of it. It centers around Robert Stevens, a pit bull enthusiast who was charged with violating the crush video law in March 2004. The case eventually led the Supreme Court to make an important clarification about how we decide what speech is protected under the First Amendment. In this episode of Make No Law, the First Amendment Podcast by Popehat.com, host Ken White examines United States v. Stevens and the question of whether the government can continually come to the Supreme Court with potential exceptions to the First Amendment. The episode features input from Marc Randazza, a nationally-known First Amendment and intellectual property attorney. It also examines other relevant cases including New York v. Ferber, a 1982 case in which the Supreme Court decided that the government could punish distribution of child pornography even if it didn’t meet the Miller test for obscenity.

Simon Tam named his band “The Slants” as a way to fight back against racism and take back the word as a form of self-empowerment. But when he tried to register the name as a trademark, the United States Patent and Trademark Office (PTO) denied the application and refused to register the trademark under Section 2(a) of the Lanham Act. This law allowed the PTO to refuse a trademark if it could be considered disparaging. No one outside of the PTO actually found the band name disparaging. In this episode of Make No Law, the First Amendment Podcast by Popehat.com, host Ken White examines the Matal v. Tam case in which the Supreme Court vindicated Simon Tam and The Slants, finding that Section 2(a) of the Lanham Act -- which allows the PTO to deny trademarks it finds offense -- violates the First Amendment. In the episode, Simon Tam himself explains how the PTO substituted its own judgment for the advocacy of Asian-Americans trying to highlight and fight back against racism. This episode also features quotes from the justices involved and music from The Slants.