Amicus

First Amendment Fallacies

When data-scraping is speech, but whistleblowing isn’t, we might need a new frame.

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Episode Notes

Dahlia Lithwick is joined by Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, to try to unpack how the First Amendment has become the answer to everything and yet actually applies to so few of the speech issues we face.

In our Slate Plus segment, Mark Joseph Stern takes a look at Justice Clarence Thomas’ dissent this week that sounded a lot like an endorsement of the Big Lie of 2020: Just because there’s no evidence of voter fraud, doesn’t mean it didn’t happen.

Podcast production by Sara Burningham.

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A show about the law and the nine Supreme Court justices who interpret it for the rest of America.

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