Hate Speech And The First Amendment

Ever wonder why the law protects some of the most offensive speech you’ve ever heard? We sit down with Professor Eugene Volokh to map the real boundaries of the First Amendment—where protection is strongest, where it stops, and why those edges exist at all. No jargon, no euphemisms, just a clear guide to what the Constitution allows the government to punish and what it must tolerate.

We start by untangling the core exceptions: defamation, true threats, and incitement of imminent lawless action. From there, we tackle a widespread misconception: there is no “hate speech” exception in U.S. law. You’ll hear how the Supreme Court approached Westboro Baptist Church in Snyder v. Phelps, and why deeply hurtful funeral protests still qualified as protected speech. The discussion then turns to Brandenburg’s imminence standard—why advocacy, even of violence, is generally protected unless it is intended and likely to spark immediate unlawful acts.

Context matters as much as content. We break down what “constitutionally protected” actually means, how the First Amendment binds government actors but not private employers or platforms, and when different rules apply because the state is acting as an employer, educator, or property manager. Finally, we connect speech, press, and assembly: how mass communication gained equal protection, why peaceable protest is essential, and when content-neutral limits like permits, noise rules, or entrance access pass legal muster without becoming censorship.

If you care about free expression, public protest, and the real law behind the headlines, this conversation will sharpen your understanding and challenge your assumptions. Listen, share with a friend who loves debate, and leave a review to tell us where you’d draw the line.

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