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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, a...
In 1919, The US Supreme Court in Schenck v. United States established the rule that if words create a "clear and present danger" to incite c...
How do you know when something's obscene? It's not exactly an easy question. Plenty of now respected works were, at one point, declared obsc...
Politically conservative voices have been arguing recently that social media outlets such as Twitter, Facebook, and Youtube have been illega...
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...
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...
While the idea of free speech seems straightforward enough, its execution can be a little messy. Current events especially have underscored...
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 Justic...
"You can't yell 'fire' in a crowded theater" is one of the most commonly used First Amendment catchphrases -- but does it really support exc...
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...
The Animal Crush Video Prohibition Act of 2010 was an animal cruelty prevention law aimed at videos showing women in high heels crushing sma...
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 h...
When Richard Ceballos, a deputy district attorney in Los Angeles County, expressed concern about the validity of a search warrant in 2000, h...
In late 1965, a 13-year-old student named Mary Beth Tinker wore a black armband to Warren Harding Junior High School in Des Moines, Iowa, to...
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...