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Free Speech Unmuted

Free Speech Unmuted

By: Hoover Institution
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Summary
Hoover Institution Senior Fellow Eugene Volokh is one of the country’s foremost experts on the 1st Amendment and legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They’ll also explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect their everyday lives.© Copyright by the Board of Trustees of Leland Stanford Junior University Political Science Politics & Government
Episodes
  • Flock Cameras and the Fourth Amendment with Orin Kerr | Eugene Volokh | Hoover Institution
    27 Oct 2026

    Do you have a right to privacy on public roads? Eugene Volokh welcomes Hoover fellow and Stanford legal scholar Orin Kerr to discuss Flock cameras, the networked license plate readers fueling debate over police surveillance. They discuss how the Fourth Amendment applies to tracking people’s movements, whether police should need a warrant to search camera databases, and how to balance investigative benefits with the potential for abuse. They also consider what we still don’t know about these tools’ effectiveness in protecting public safety.

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    47 min
  • Can the President Kick Reporters Out of the White House? | Eugene Volokh and Jane Bambauer | Hoover Institution
    28 Sep 2026

    When President Trump moved to bar CNN, MS NOW, and Politico from the White House over "biased" coverage, it set off a fast-moving legal showdown. Today, Eugene Volokh and Jane Bambauer break down why the law was surprisingly clear-cut. Drawing on a 50-year-old D.C. Circuit precedent and a fresh ruling on Oval Office access, they explain the crucial distinction between the press briefing room (a forum where reporters can’t be excluded based on viewpoint) and the Oval Office (the president's own turf, where he can talk to whomever he wants). Plus: the due process twist that let a judge sidestep the First Amendment question entirely, the White House's slow-motion compliance with the restraining order, and why "the First Amendment is not a Freedom of Information Act."

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    26 min
  • Spoiler Alert: Can You Get Sued For Revealing A Plot Point? | Eugene Volokh and Jane Bambauer | Hoover Institution
    15 Sep 2026

    Can revealing a plot twist get you sued? Inspired by the controversy surrounding HBO’s Lanterns, Eugene Volokh and Jane Bamabuer explore the tension between copyright protection and free speech. From Gerald Ford’s memoirs to 2 Live Crew’s “Pretty Woman” parody, they examine how courts distinguish protected expression from facts and ideas—and when fair use permits borrowing from someone else’s work. Along the way, they consider why describing an ending differs from posting a clip, how unpublished leaks complicate the analysis, and when a spoiler might cross the line from bad manners to legal liability.

    Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square.

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    58 min
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