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First Amendment

Transportation Nation

Transit Agencies Battle Controversial Ads By Changing the Rules

Friday, May 01, 2015

When the MTA banned political advertisements earlier this week, it wasn’t the first transit agency to try to do so.
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On The Media

The Right to Record Police

Friday, April 17, 2015

While bystander cellphone videos can shed light on police misconduct, the right to film the cops is not always guaranteed. 

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The Brian Lehrer Show

Will Gawker Kill the First Amendment?

Wednesday, February 04, 2015

A new book looks at what Gawker, TMZ, and other paparazzi outlets mean for freedom of the press. 

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On The Media

Not In The Supreme Court's Backyard

Friday, October 17, 2014

Bob speaks with New York Times Supreme Court correspondent, Adam Liptak, about the Supreme Court's commitment to keeping protesters off its plaza. 

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The Takeaway

SCOTUS Considers Free Speech & the Internet

Tuesday, June 17, 2014

This week, the Supreme Court has agreed to consider the case Elonis v. United States in its next term, starting October 2014. The case examines the intersection between free speech and criminal behavior on the internet.

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On The Media

The Re-Birth of the First Amendment

Friday, March 14, 2014

Fifty years ago, the Supreme Court made a decision in the case New York Times v Sullivan that would forever alter the way journalists practiced journalism. Brooke speaks with Andrew Cohen, contributing editor at The Atlantic and fellow at the Brennan Center for Justice, about the decision's impact on the First Amendment.

Supreme Court audio courtesy of Oyez®, a multimedia judicial archive at IIT Chicago-Kent College of Law

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On The Media

A Blogger's First Amendment Rights - and Responsibilities

Friday, January 24, 2014

A federal court ruled last week that a blogger who had lost a defamation suit in 2011 should have the same free speech protections as a traditional journalist, and as everyone else who publishes online. The blogger is Crystal Cox, who is notorious for creating domain names and blog posts tarring the online reputations of her targets and then offering to fix the problem for a price. Bob speaks to Ellyn Angelotti of the Poynter Institute about what the decision from the 9th Circuit Court of Appeals means for First Amendment protections online, and whether it matters that Cox is the defendant.

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On The Media

Combating "Bad" Speech With More Speech

Friday, January 24, 2014

The blogger Crystal Cox has also targeted First Amendment lawyer Marc Randazza, his wife, and their toddler. Bob spoke to Randazza in the Spring of 2012 about how Cox's actions were testing his free speech values. Since then, Randazza decided to take her to court and won. (He told us this week that his legal strategy had nothing to do with the content of Cox's speech and were instead based on domain law. His court arguments are available upon request, for free, if you ever find yourself in Cox's cross hairs). Randazza also blogs at The Legal Satyricon.

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The Leonard Lopate Show

How Oliver Wendell Holmes Changed Free Speech in America

Tuesday, December 17, 2013

Thomas Healy reveals how the Supreme Court justice Oliver Wendell Holmes became a free‑speech advocate and established the modern understanding of the First Amendment. A lifelong skeptic, Holmes disdained all individual rights, including the right to express one’s political views, but in 1919, he wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. The Great Dissent: How Oliver Wendell Holmes Changed His Mind—and Changed the History of Free Speech in America is a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking.

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The Brian Lehrer Show

Floyd Abrams: Free Speech First

Thursday, June 13, 2013

Floyd Abrams, First Amendment lawyer and the author of Friend of the Court: On the Front Lines with the First Amendment looks back on his legal career dedicated to defending First Amendment rights, from the Pentagon Papers to Citizens United.

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The Brian Lehrer Show

Lying About Surveillance; Rep. Rush Holt, Intoxicating Plants

Thursday, June 13, 2013

Slate columnist Fred Kaplan tells us why he thinks Director of National Intelligence James Clapper lied under oath at a congressional hearing and should be fired. Plus: New York State Senator Liz Krueger talks about her push for the senate to act on Cuomo’s proposals for women; Meet New Jersey senate candidate Rush Holt; Floyd Abrams looks back on his legal career defending first amendment rights; and Amy Stewart, author of The Drunken Botanist: The Plants That Create the World's Great Drinks, talks about turning plants into cocktails.  

The Brian Lehrer Show

Anti-Defamation on the Web

Wednesday, June 05, 2013

Abraham Foxman, national director of the Anti-Defamation League (ADL) and co-author, with Christopher Wolf, of Viral Hate: Containing Its Spread on the Internet (Palgrave Macmillan, 2013), talks about the dark side of the web--viral hate speech--and how to combat it.

Comments [28]

The Leonard Lopate Show

The Inside Story of the Pentagon Papers and Other Battles

Tuesday, May 28, 2013

James Goodale, chief counsel for the New York Times when the Pentagon Papers were published, tells the stories of the internal debates and the reasoning behind the strategy that emerged in the intense debate over whether or not publishing these documents would be in the country's interest. Fighting for the Press: The Inside Story of the Pentagon Papers and Other Battles follows those weeks in June when the press's freedom of speech came under its most sustained assault since the Second World War.

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The Brian Lehrer Show

The DoJ vs. Leakers vs. Reporters

Tuesday, May 21, 2013

Details continue to emerge about how the Justice Department is investigating leakers and the reporters they collaborate with (including a long report in the Washington Post about Fox's James Rosen). Ryan Lizza of The New Yorker discusses the effect on journalists and the balance between revealing sensitive information and preserving freedom of the press.

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The Takeaway

The Affordable Care Act in a State that Has Embraced It, U.S. Seizes A.P.'s Phone Records, Inside the World of the ICU

Wednesday, May 15, 2013

The House Votes to Repeal Obamacare for the 37th Time | The Affordable Care Act, from a State that's Embraced It | U.S. Seizes A.P.'s Phone Records: Media Surveillance and the Law | American Diplomat Suspucted of Espionage Detained by Russian Authorities | Immigration, Race and Hair, Through Chimamanda Ngozie Adichie's Eyes | A Look Inside the World of the ICU

The Takeaway

Facebook and Free Speech: How Much is Protected by Our First Amendment Rights

Friday, August 10, 2012

Recently, Daniel Ray Carter, who works for the Sheriff of Hampton, Virgina, got fired after he 'liked' the Facebook page of his boss' political opponent. Now legal scholars are wondering how this relates to his first amendment rights. Is 'liking' a page an expression of free speech?

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It's A Free Blog

Opinion: I Support Chick-fil-A Because of the First Amendment

Friday, August 03, 2012

The Chick-fil-a controversy was awkward for me at first because of the two reasons above: I'm a conservative, yes, but I don't like the food and, oh yeah, I'm fine with gay people marrying.

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On The Media

What's the Harm in Hate Speech?

Friday, May 18, 2012

One of the great maxims in defense of the 1st Amendment is the insistence by Justice Oliver Wendell Holmes that we must defend 'even the thought we hate'. But law professor Jeremy Waldron asks, when it comes to the most egregious hate speech, why?  He explains to Brooke that words can and do hurt us and that there should be limitations on the most hateful expression.

 

Beastie Boys - Multilateral Nuclear Disarmament

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On The Media

Combating "Bad" Speech with More Speech

Friday, April 06, 2012

First Amendment lawyer Marc Randazza disagrees with the Electronic Frontier Foundation's position on the Crystal Cox case despite being the target of one of her attacks. Randazza talks to Bob about that experience and whether it has tested his faith in the First Amendment.

 

Tanlines - Rain Delay

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The Takeaway

NYPD Surveillance Program Monitored Muslim Students at 13 Colleges

Tuesday, February 21, 2012

The Associated Press has obtained a new report from the New York Police Department which provides a surprising portrait of just how far the NYPD's intelligence division went in a surveillance program targeting Muslims. The NYPD tracked closely the activities of Muslim student groups at 13 colleges in the northeast, monitoring their e-mails and taking notes on their activities. 

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