Episode 41: Speaking of the First Amendment – Joint Episode with FIRE

October 13, 2021

Akhil discusses the history of the First Amendment in an episode we are sharing with “So to Speak” from FIRE.

Amarica’s Constitution shares the stage this week with the fine podcast “So to Speak” from the Foundation for Individual Rights in Education (FIRE).  Professor Amar is interviewed by FIRE, and the history of the First Amendment leads to – surprise! – a substantial number of fascinating constitutional law issues.  Akhil takes time out to take issue with Robert Bork, by the way.   And who kicked the dog?

Show Notes:

The First Amendment's Firstness

U.C. Davis Law Review, Volume 47, No. 4, April 2014, “The First Amendment’s Firstness.” A detailed article that addresses, in an academic paper, many of the issues discussed in this podcast.

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Freedom Of Speech Before The First Amendment

Capitol University Law Review, Volume 38, 502-515, “How America’s Constitution Affirmed Freedom Of Speech Even Before The First Amendment.”  Professor Amar, in a 2010 article, makes the argument that the first amendment did not establish the right of freedom of speech, and how the ratification of the constitution played an important role in making this evident.

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Norman Rockwell’s “The Four Freedoms” contained this memorable image of democracy in action, which is discussed in this podcast.  Photo credit to Wikipedia Commons.

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