Explore important free-speech cases with a First Amendment litigator

Learn about the long and contested history of free speech in America

This podcast examines how American free speech protections evolved—from the Founders' debates to landmark Supreme Court rulings—and why the country arrived at one of the most expansive speech regimes in the world.

Explore how free speech and justice coexist and sometimes clash

From the abolition of slavery to South African apartheid, this podcast explores how censorship has historically been used to suppress racial justice movements—and to promote them—and asks whether free speech is a foundation for, or a threat to, equality.

'So to Speak' is a podcast covering the front lines of free-speech debates today

Produced by the Foundation for Individual Rights and Expression, this podcast covers the most contested free-speech issues of the moment—from campus censorship to social media regulation—and features interviews with lawyers, scholars, journalists, and activists.

Listen to 'We the People,' a weekly podcast from the National Constitution Center

Hosted by Jeffrey Rosen, this weekly podcast from the National Constitution Center brings leading legal scholars together to debate major constitutional questions, presenting competing arguments in a balanced, nonpartisan format.

Hear how the 2 religious clauses in the First Amendment have been tested and evolved over time

This podcast examines the evolution of the free exercise and establishment clauses, tracing their development from federal restrictions to state and local laws. Discover the believers who challenged the limits of religious freedom throughout American history.

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

Justice Oliver Wendell Holmes championed the idea of speech as a 'marketplace of ideas'

In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.

Hear about the individuals who have reshaped the Constitution throughout American history

This multi-episode podcast series from The Washington Post explores how debates, court decisions, and influential individuals have shaped the Constitution as Americans pushed the nation to live up to its founding ideals.

Listen to a podcast that traces the history of DOJ antitrust enforcement

This podcast series traces how the US government's approach to regulating big business has changed over a century—from the DOJ's breakup of John D. Rockefeller's Standard Oil monopoly, through lawyer Robert Bork's influence on how courts interpret competition law, to the FTC's modern antitrust lawsuit against Amazon.

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

Take a deep dive into the constitutional foundations of judicial review

In this episode of "This Constitution," the hosts take a law-focused approach to judicial review—examining its roots in Article III and the supremacy clause, its development through Marbury v. Madison, and the ongoing constitutional debates about whether the court's power strengthens or strains American democracy.

Debating the Constitution today

The Constitution continues to shape our political and social life today. If you want to understand how today’s political debates connect to the Constitution, check out this podcast from the National Constitution Center. The weekly program features experts from diverse perspectives and explores how constitutional principles shape modern issues.

Explore the most impactful Supreme Court cases in US history

Browse by constitutional topic to explore key rulings, their historical impact, and the legal principles they established. Each case includes a summary of the decision, along with notable excerpts from majority and dissenting opinions.

The Supreme Court's first major free-speech ruling rested on a legal standard that was later overturned

In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.

Hear leading experts on constitutional law discuss the legacy and impact of Marshall

In this podcast, constitutional scholars Michael Gerhardt (University of North Carolina) and Kevin Walsh (University of Richmond) analyze Marshall's 34-year tenure, assessing his role in establishing judicial review, expanding federal power, and shaping the court's institutional authority.

Section 230 is the law that shaped the modern internet—and free speech online

Passed as part of the Communications Decency Act, Section 230 shields online platforms from legal liability for user-generated content while allowing them to moderate it and host speech freely, making it one of the most debated laws governing free expression today.

Explore nuclear policy debates with this biweekly podcast

Hosted by Jeffrey Lewis and Aaron Stein, Arms Control Wonk offers biweekly analysis of nuclear weapons, disarmament, proliferation, and missile threats. Drawing on the hosts' deep arms‑control expertise, it makes complex security issues accessible.

The First Amendment protects 5 distinct freedoms

Most Americans cite the amendment on free speech, but the First Amendment also protects religion, the press, peaceful assembly, and the right to petition the government—five separate guarantees in a single sentence.

A court designed to be the least powerful branch of government became one of the most influential institutions in America.

Explore a podcast devoted to uncovering different conspiracy theories

Hear stories of controversial events from all around the world and come to your own conclusions about why they happened—and if someone shaped the narrative around them. From art fraud to the death of a Roman emperor, this Spotify podcast covers it all.

How to resolve conflict with words, from speaking coach Jefferson Fisher

Fisher claims arguments shouldn't be won but rather unraveled. He gives numerous tips on how to approach arguments like a tested lawyer. In this "Diary of a CEO" podcast episode, host Steven Bartlett gleans incredible insights on how to spot a liar, how to resolve arguments, and more.

Hear the story of Truth's life

This podcast traces Truth's life from slavery in New York to her status as an abolitionist icon—covering her daring escape, legal victories, landmark speeches, and lasting impact on racial equality and women's rights.

Read SCOTUSblog for daily, nonpartisan coverage of the US Supreme Court

Founded in 2002, SCOTUSblog offers expert analysis from lawyers, professors, and journalists. The blog provides transparent, unbiased explanations of significant cases, real-time updates on decisions, and insights into court nominations and trends.

New York Times Co. v. Sullivan transformed libel law and the relationship between the press and public officials

The 1964 case arose when an Alabama official sued The New York Times over a civil rights advertisement he claimed was defamatory. The ruling makes it very difficult for public officials to win libel suits against the press unless they can prove deliberate falsehood.

Listen to firsthand accounts of how Black Americans fought to end slavery and shape Reconstruction

This podcast explores the actions of Black Americans who fought for freedom before, during, and after the Civil War—highlighting their key role in abolition and the Reconstruction era.

Dive deep into Madison's role in promoting the Constitution through the Federalist Papers

James Madison used the Federalist Papers to shape ratification debates, explain the Constitution's design, and argue that a large republic could safeguard liberty. This podcast explores his pivotal role in the ratification of the Constitution.

Listen to a weekly podcast about the people behind local government

The "GovLove" podcast features interviews with mayors, city managers, planners, and public servants at every level. It covers policies, challenges, and the daily realities of running local government across the US.

Stand-up comedy podcasts have realigned political campaigns

Some of the world’s most popular podcasts, like “The Joe Rogan Experience” and “This Past Weekend w/ Theo Von,” are hosted by stand-up comedians. They also now play a role in American politics, with representatives, senators, and even presidents taking part in their freewheeling conversations

An adultery and poisoning case examined whether federal treaty power supersedes state law

This Radiolab podcast unpacks Bond v. United States, where a local love-triangle assault became a federal case under an international treaty—forcing the Supreme Court to confront a founding question: How far can federal power reach into crimes traditionally handled by the states?

The US Constitution grants protection for satire

The First Amendment protects satire, though it does not protect defamation. The key distinction is that satire—evident by its hyperbolic language and comedic portraits—is not intended to be believed, even if it's being malicious.

James Madison's original draft of the First Amendment was far more expansive than what was ratified

Madison's first proposed language guaranteed the right "to speak, to write, or to publish" one's sentiments freely—broader and more explicit than the final text—and described the free press as "one of the great bulwarks of liberty."

Watch 'I'm Just a Bill' explain how a law gets made

First aired in 1976, "I'm Just a Bill" became a defining civics lesson for generations, using animation and humor to trace the legislative process and cement itself as a lasting piece of US political culture.

Citizens United extended First Amendment protections to corporate political spending

The Supreme Court's 2010 decision struck down limits on independent political expenditures by corporations and other organizations, ruling that such spending is protected speech—a decision that was deeply contested and reshaped campaign finance law.

Brandenburg v. Ohio set the modern standard for when speech can be punished as incitement

A Ku Klux Klan leader's conviction for a threatening speech prompted the Supreme Court in 1969 to rule that speech is punishable as incitement only if it is directed at—and likely to produce—imminent lawless action.

Norman Rockwell's 'Freedom of Speech' has become an internet meme

The famous painting, which portrays a man in work clothes speaking up in a crowd of men in suits, has become a companion image for internet users posting unpopular or controversial opinions. (Some users may experience a paywall.)

Can courts end partisan gerrymandering?

This podcast explored whether courts can rein in partisan map-drawing, focusing on North Carolina's 2023 redistricting battle, the Moore v. Harper case, and the controversial "independent state legislature" theory.

Watch scholars debate Supreme Court term limits

In a debate from 2017, legal scholars from across the political spectrum spar over whether justices should serve fixed terms. The discussion highlights bipartisan concerns about judicial independence, accountability, and the risks of lifetime tenure.

Some attorneys are using true crime fans to their advantage

True crime fans are notorious for falling down rabbit holes. Now that passionate interest is being exploited by attorneys marshaling influencers to serve as informal public relations representatives, a trend that's blurring the lines between fan theories and reality.

Snyder v. Phelps found that the First Amendment protects speech, even if it is deeply hurtful or inflammatory

When some members of the Westboro Baptist Church, carrying inflammatory signs, picketed the funeral of a fallen Marine, his father sued but lost. The Supreme Court ruled 8-1 that the protest addressed matters of public concern and was protected by the First Amendment.

Americans are historically more supportive of free speech than people in most other countries

A 2016 survey of 38 countries found that the US scored highest in support for free expression, with 71% of Americans saying people should be able to say what they want without government censorship, more than in any other nation surveyed.

Marbury v. Madison also has implications for presidential power and transitions

This podcast episode explores how Marbury v. Madison extends beyond judicial review, examining its implications for presidential authority, administrative control, and the tensions that arise during transitions of power between outgoing and incoming administrations.

Supreme Court Justice Louis Brandeis once called states 'laboratories of democracy'

Louis Brandeis argued that federalism allows states to experiment with new policies without committing the entire nation, thereby allowing successful ideas to spread while limiting the risks of failure.

Lenny Bruce's stand-up challenged US law

Bruce came up in burlesque theaters, but began to find success as stand-up comedy developed a more political and subversive bent. His sets often satirized what he believed to be an oppressively conformist society, which led to his arrest on several occasions.

In 1978, lower courts ruled that neo-Nazis had the right to march through Skokie, Illinois

Skokie was home to a large community of Holocaust survivors, making the planned march an extreme test of First Amendment principles. The courts ultimately ruled that even deeply offensive speech remains protected by the Constitution.

There’s an artificial intelligence model trained on bankruptcy law

Although it's designed for lawyers, the tool is able to help everyday browsers synthesize important cases and point users to relevant documents about them. One sample using it asks Chatlaw to explain the significance of a recent case and then to define relevant terminology.

True crime content can influence the justice system

The 2014 podcast "Serial" inspired national doubt about the outcome and quality of a 1999 Baltimore murder case, resulting in overturned convictions (that were then reinstated). The series "In the Dark," whose second season pored over the murder trials of a Black Mississippi man, revealed crucial testimony was recanted, provided evidence of racial discrimination in jury selection, and was cited in case filings.

Hear about James Madison's presidency with The Washington Post's 'Presidential' podcast

As president, Madison governed during periods of constitutional uncertainty, foreign policy crises, and the War of 1812, making him the first American president to serve during a declared war. This podcast analyzes how his constitutional ideas translated into effective presidential leadership.

Hear from both sides of the attempt to ban books across the country, which spiked by more than 1,100% between 2020 and 2022

During that period, more than 2,500 titles were challenged across 37 states, with activists targeting books on race, slavery, and gender identity. This CBS report hears from the founders of Moms for Liberty, a teacher removed for giving students access to banned books, and "Maus" cartoonist Art Spiegelman.

The powers of the judicial branch have expanded since the nation's founding

Initially, the Supreme Court was seen as the weakest branch, lacking "the power of the sword or the purse," as Alexander Hamilton noted in *Federalist No. 78*. This podcast explores the political conflicts and pivotal decisions that transformed the court into the powerful constitutional authority it is today.

Hear about the Enlightenment origins of the Declaration's ideas.