Freedom of speech and the press are values vital to American democracy. But the First Amendment doesn't really define free speech, and plenty of expressions are restricted. Learn all about the ins and outs of this cherished right in this classic episode.
This episode dives deep into what free speech actually means in America, exploring how the First Amendment protects far more than just words—from flag burning to refusing the Pledge of Allegiance to wearing offensive t-shirts. The hosts trace how courts have shaped and defined freedom of speech through landmark cases like Brandenburg v. Ohio and Miller v. California, revealing that hate speech and even inciting language are surprisingly protected unless they directly advocate for imminent lawless action. They also tackle the messy question of obscenity, explaining why even the Supreme Court struggles to define what's pornographic and why your freedom to speak comes with zero guarantee of freedom from consequences.
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