Constitution Daily

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Podcast: The First Amendment and the freedom of expression

October 13, 2016 by NCC Staff


Jacquelyn Martin / AP
Jacquelyn Martin / AP

This week, We the People continues its series on “The Candidates and the Constitution,” in which the statements and proposals of Hillary Clinton and Donald Trump are compared to the text and history of the Constitution. (Listen to previous episodes on Article II, Article III, and Article V.)

We turn now to the First Amendment, which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Clinton and Trump have offered thoughts and proposals on a range of First Amendment issues, from the publication of private tax returns in The New York Times and the future of Citizens United to the prosecution of terrorism-related speech and beyond.

Joining We the People to discuss the First Amendment and the 2016 presidential campaign are two leading constitutional scholars.

Erwin Chemerinsky is the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at the University of California, Irvine School of Law, with a joint appointment in Political Science.Bradley Smith is the Josiah H. Blackmore II/Shirley M. Nault Professor of Law at Capital University Law School in Columbus, Ohio.

This show was engineered by David Stotz and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

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