Make No Law: The First Amendment Podcast

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Ken White explores the background of important First Amendment cases and the personalities and history that led to them. Join Ken, First Amendment litigator and law blogger at Popehat.com, as he interviews some of the people behind America’s most important free speech cases.

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Recent Reviews
  • Eloise370153
    Excellent!
    I heard about this podcast on Serious Trouble and then binged it all in a few days. Ken brings a humorous, down to earth, and well informed take on nuanced legal topics. The production quality is quite good too. Please bring this back Ken, even if it's just you recording in a closet. I'm itching for more legal nerd talk.
  • hi32192
    just stick to the cases
    weird sound effects and music are unnecessary and annoying.
  • aimeemarie77
    Fantastic Teaching Resource!
    Make No Law is an incredibly valuable tool for educators teaching First Amendment law. He makes connections between history, logic, legal concepts, and arguments that help make the law accessible and concrete. I even re-listen to older episodes before I teach the topic, even topics I’ve been teaching for a decade. All I can ask for is more podcasts, please!
  • Aus42
    The perfect law podcast
    Ken is nothing short of a podcast wizard! He knows exactly how to describe a case in a way that interests lawyers and non-lawyers alike. He gives all the right details and all the right historical context. The only criticism I have is that it doesn’t come out every week of the year. For the record, I am an attorney whose interest in the First Amendment is more than just a passing one, and I learn something about the Constitution and our nation on every episode. Please listen.
  • wisgrown
    Best First Amendment Pod on the Web
    Just a great podcast with all the details you want to help you understand.
  • Long_John_Sliver
    Down in the Weeds
    And, where your fundamental rights (speech, religion, assembly) are under threat, isn't that where you want to be? Ken White talks to some genuine experts and explores the nuances that most media can't get into. You don't have to be a lawyer to understand it, either.
  • scottwgun
    Learn about your 1st amendment rights
    Ken is easy to listen to you. Not only educational but enjoyable.
  • Ninja Lesley
    Succinct and knowledgeable
    I really enjoy listening to this podcast. Each episode I feel like I have really learned something even though they are not exceptionally long. The information is presented in an engaging and informative way. Currently searching for more like this.
  • Nrcwolf
    Excellent for anyone interested in 1st A
    Ken is an excellent legal mind who presents information in a matter-of-fact way with a sense of wry humor. I’ve never left a podcast review, but this is one I had to give 5 stars to. Highly recommended for anyone who enjoys learning and wants to know interesting stories about the 1st Amendment!
  • Sooner_King
    Love This Podcast
    As a student of constitutional law and public policy I love hearing about these cases and the effect they have had on society and our first amendment rights. I wish there were more episodes about some of the lesser known first amendment cases, a podcast that mirrors this one about fourth amendment cases, or other civil rights and liberties cases.
  • strictlyfacts
    Ken deserves to rot in hell
    .
  • detorn
    Overproduced
    Really dig popehat but this is so overproduced that it’s unlistenable.
  • squareteef
    Wondered over from Left.right.& center
    Fairly new to this pod tho. I'm sure plenty of professionald have informed you of this, but as someone who regularly stays knee deep in podcast land, generally familiar w/ what pods are out there & the level of quality most high end content is.... What I'm trying to get at it is, these are really some of the best of the genre out there. Obviously can tell you have a production support, but why do so few people know about this? The point is, in one of your recent episodes you sounded a bit weary of continuing to create new episodes long term..buck up, my ears & brain need you around. Get some Ad dollars involved, sit up straight, & fresh cup of coffee
  • K9KrazyLKL
    Thought provoking and engaging analysis
    Brilliant presentation, even though I sometimes disagree with a point, or in the past (rarely) doubted the host’s argument—-I am not an expert: remember when we all assumed experts were obviously sound? This podcast generally and specifically today successfully presents vital issues. Anyway, please listen.
  • Harambe4President
    Interesting topics + Low-key legal lulz
    Clear explanations and history of contemporary 1st amendment issues. Just wish they came out more often!
  • r0gue007
    Excellent law podcast
    Solid logic and great production values!
  • sbarefield
    Very informative
    I’m writing a research paper and I will reference this podcast, thanks.
  • rpb139
    A yes but....
    Great program. My only complaint, to few episodes
  • jwsteigerwalt
    So excited
    I’m so excited to see the new episode
  • philrenato
    One of my favorite few legal podcasts
    Along with Amicus, More Perfect and Lehto’s Law, Make No Law includes interesting, educational and entertaining stories about things I only partially understood before.
  • Lovebitemusic
    Not what i expected, in a good way
    I’ve been following popehat for years now, and I first heard Ken on the LRC podcast and have been religiously listening to All The Presidents Lawyers. I was expecting this podcast to be a similar, free-style conversation type of podcast. It’s not. This podcast is part storytelling, part research, and part interview. It’s talks about the first amendment in a narrative way, which ultimately is like a history lesson. Oh and also, the theme music is a banger.
  • Jeremy A Frank
    Incredibly Educational
    I've been learning a lot listening to Popehat's podcast. It's well produced, thorough, and despite only being focused on one element of law there doesn't seem to be any shortage of things to talk about.
  • elijahrlb
    Difficult topics; easy-to-understand terms
    It’s been years since studying ConLaw in law school, but this brings back great insights to these fundamental cases. This podcast should be enjoyed by all, from high school students to lawyers. I wish he did more podcasts with other topics.
  • Mara Mae
    Careful, Thoughtful, Nuance
    No simple answers, no conspiracy theories, just deep dives and nuanced discussions of our complex legal system. Also, excellent production values.
  • JGowow
    Top-notch
    In an era that sees the constitution bent this way and that to support or impede causes of all stripes, this is a breath of reasonable, thoughtful air.
  • Blanche d'Pod
    Would have been five stars, but
    Five stars for content, but knocked down a peg for sound design. I get it that sound effects are all the rage these days in podcasting, but I do not need a break in content to hear someone knocking on a door. I understand these are edits points and breaks or shifts in the story. It is just a little too literal on the sound design and distracts from an already compelling story. Other than that it has interesting and important topics.
  • Mr. This
    The worst thing
    ...is Ken doesn’t make more. His style is so inviting. The production of the podcast is through the roof. ...and if you’re not careful, in addition to being thoroughly entertained, you may find yourself learning something! Highly recommend.
  • 同时开放荡不羁的等待
    Very educational, thought-provoking, and unbiased
    I’m an incoming law student and I greatly recommend this show. I studied political philosophy in undergrad and free speech has always been something I have enormous intellectual interest in. Ken presents various issues on free speech through landmark Supreme Court cases in a way that’s both easily understandable and thought provoking. Moreover, Ken is very objective and does not mix in his personal political views when it comes to introducing controversial topics. The show itself is also produced with very high quality, with regards to the audio, music, voiceovers, etc.
  • Gjordanlaw-Chicago
    Best Podcast
    I listen to a number of podcast of various genres. This is the best podcast I have found.
  • Tkuluz
    Can’t recommend strongly enough
    My absolute favorite podcast!!!
  • TKO84
    Enlightening
    I’m a pastor of a conservative church body and I have enjoyed learning about the contours of 1A matters. It’s nice to not be totally ignorant about such things. I’ve progressed from “totally ignorant” to just “pretty ignorant” on 1A issues. After a few more episodes, perhaps I’ll progress to “vaguely familiar.” I haven’t a lick of law background to education in me. These have been great.
  • iq2
    my very favorite of all podcasts
    popehat is a longtime fave of mine and their new podcast is excellent.
  • Jason footd
    Great
    Very straight forward and easy to understand. If, like me, you aren’t an attorney but want to better understand SCOTUS 1st amendment rulings you should listen to this podcast.
  • FN_Pist
    Best In Class
    Not only does the podcast do a marvelous job of untangling and explaining what can be a maddeningly confusing area of the law - I speak as an attorney who has confronted this challenge, having both practiced and taught in the area - but the production values are first-rate. I especially like the use of interviews with actual participants in the cases, voice actors bringing alive the language of court opinions, recordings of Supreme Court arguments, etc. I’d have expected nothing less from Popehat and they do not disappoint.
  • Anthem27
    Only Popehat can make the law this interesting!
    This first amendment podcast should be required listening yo anyone claiming to understand the first amendment.
  • eal1958
    Succinct explainers of First Amendment decisions
    Each episode looks at a particular free speech case, providing background, interviews with people involved, and mini-dramatizations of the court decisions. And you don't need a law degree to follow the story.
  • Millenial Mama
    Incredibly insightful and well-produced
    I love this podcast! It is such a gift to have First Amendment jurisprudence presented and explained in such a clear, easily digested way. The stories of the subjects and the legal questions raised by their cases are fascinating and important for any lover of freedom to know and understand. I only wish Make No Law were released more frequently!
  • Bgoods9956
    Intelligent well told stories
    Can be a smidge over-dramatic, but that’s part of the fun.
  • Suprenant
    So timely!!
    Ah, I so appreciate this! I'm a graduate of law school, but not a First Amendment scholar. Very well done -- I appreciate the guests who read the text excerpts and the SCoTUS oral argument snippets in particular. There are so many considerations in free speech law -- I appreciate hearing them fleshed out here. Thank you!
  • nopolecat
    We all need this.
    Some of us (me) use the term “rule of law” like we know what we are talking about. This excellent podcast walks through critical court decisions that teach us what the rule of law really is, and isn’t, with regard to 1A protections. We all really need this influence on our judgment of the times. Calm, unbiased, thorough, and even a bit entertaining. I glad I have it as a resource.
  • jafrede21
    Great stuff
    Fascinating stories, combined with excellent legal analysis.
  • Ttygdthgf
    Great 1st Amendment Podcast
    Keep them coming!
  • rayasunn
    Must listen for anyone
    Great show and so well done. Didn’t realize there was so much to know about free speech – such an important topic!
  • PugnaVox
    Really good stuff
    Overall: A+ The Good: Well produced, very listenable, compelling and relevant, worth repeat listens The Bad: Get Ken a good condenser mic, RICO & Marshal of the Court mysteriously absent Not too long ago, I followed Popehat on Twitter after a comment of his (unrelated to law) struck a chord with me. I stayed for the witty repartee and understandable-but-not-simple law primers. So i was looking forward to Make No Law – but also dreading it. Y'see, when it comes to folks I read regularly and then listen to their podcast, the disappointments are many. Slipshod recording and production, little or no preparation, and show structure as an afterthought made them a letdown at best and, at worst, unlistenable garbage so odious it posed serious questions about my initial judgement. It brings me great joy to report Make No Law is very well done (and confirms my initial judgement as the brilliant piece of insight I suspected). A lot of thought, research, and work went into the script, plus more in the recording, editing, & production of the show. The result is a podcast with a broadcast-quality fit & finish paired with Ken as a careful, detailed storyteller. Like Ira Glass. Except listenable, so nothing like Ira Glass and thank goodness for that. The content is compelling – it's worth at least 2 listens – and Ken doesn't have to sell it. Somewhere between a historian's formal distance and the casual discussion of a working expert, he plays it straight and the result is clear and warmly calm – leaving room for the listener to take in the more nuanced truths behind 1A history and what it means in practice while being OK with some shattered misconceptions. There's no shortage of important 1A moments and I hope Make No Law gets to a bunch of them. A great show & worthy listen.
  • NateLikesTea
    Thoughtful and well produced
    Really enjoyed this podcast, it was challenging and extremely informative, and at times heart breaking at our nation’s history of looking the other way at the suffering of the disadvantaged, and powerless. To me the first episode has a lot of parallels to the episode Johnson vs State of the Supreme Court of Georgia, where entire bodies of evidence were not included in the ruling that lead to Johnson’s execution. I rated this podcast four stars because I was hoping the host would draw parallels between the plight of the Jehovah’s Witnesses and the Japanese Americans and African Americans, et al. Surely there is too much ground to cover and one can’t please everyone, but given our nation’s headlong trajectory into hyper polarization of our politics, it’s helpful to draw examples of rights abuses that both sides of the aisle have aligned themselves to, especially when talking about religious minority’s rights violations, which is a bit taboo to discuss right now. If our interest is rationality and a de-escalation of our polarization, as I hope is the host’s interest is, that’s my two cents of what would have me give a five star rating. Cheers!
  • RunningMn9
    Outstanding.
    I really enjoyed the context provided surrounding the cases that were being discussed. Always fascinated by hearing about the context surrounding historical events that give you a deeper sense of things than you had before. Very well done.
  • GoHatters
    Interesting and entertaining
    Can't say enough about it. I'm really enjoying this podcast
  • bigdrubi
    Well told story with solid production
    Ken’s podcast is as good as his blog and twitter. :)
  • StevenB8888
    Outstanding!
    I can’t think of a more timely topic than free speech. The great majority of U.S. citizens don’t have an accurate understanding of the competing issues under the 1st Amendment. This podcast goes a long way in illuminating and clarifying the issues for both lawyers and laypersons. Well done!
  • LegalEagleTDot
    Terrific so far, über-well-produced!
    The first 2 episodes have been excellent. The audio quality, music, and "flow" are all superb, and Ken brings a career of First Amendment expertise to the mic. Looking forward to future episodes!
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