Free Speech Basics
Incitement, protest, campus speech, social media, and speech at work: where the First Amendment draws its lines.
4:59Brief
What counts as “incitement” under the First Amendment?
How Brandenburg and Claiborne Hardware set a high bar before speech can be punished as incitement
3:46Brief
A First Amendment Right to Social Media?
Why there is no constitutional right to stay on Facebook or X, and why platform access still matters
6:21Brief
Social Media as "Common Carrier?"
Can states force Facebook or YouTube to carry everyone? Common carriage and must-carry laws after Moody.
2:57Brief
Do You Have a Heckler's Veto Right?
Why shouting down a speaker you oppose undermines free speech, and how the heckler's veto doctrine began.
3:38Brief
What are your rights to protest in public?
Streets, sidewalks, and parks: when you need a permit to protest and what counts as unlawful obstruction.
4:04Brief
Can universities ban hate speech on campus?
Why public universities cannot ban offensive speech, and where harassment law draws the line on campus.
2:21Brief
Can you be fired for speech outside the office?
Why the First Amendment does not stop a private employer from firing you for what you say on your own time.
3:13Brief
Do student athletes have a right to "take a knee?"
Can a public school punish a student athlete for kneeling during the anthem? The First Amendment answer.
2:52Brief
Can You Be Liable for the Emojis You Use?
Courts read emojis together with words, so a gun emoji or a thumbs-up can carry real legal consequences.
Go deeper: the full interviews
The full-length conversations behind this series.