In this episode, Genevieve Lakier of the University of Chicago Law School and Eugene Volokh of the UCLA School of Law join to discuss the recent suspension of Jimmy Kimmel by ABC and the broader history and constitutionality of jawboning, the practice of government officials pressuring private actors to stifle speech.
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Today’s episode was produced by Bill Pollock and Griffin Richie. It was engineered by Bill Pollock. Research was provided by Griffin Richie, Anna Salvatore, Trey Sullivan, and Tristan Worsham.
Participants
Genevieve Lakier is a Professor of Law and Marjorie Fried Teaching Scholar at the University of Chicago Law School. She has written extensively on the dangers of jawboning, including her forthcoming article “Enforcing the First Amendment in an Era of Jawboning” in the University of Chicago Law Review.
Eugene Volokh is the Gary T. Schwartz Distinguished Professor of Law Emeritus at the UCLA School of Law. A preeminent First Amendment scholar, he has published articles and books on a wide range of free speech issues and is the founder and coauthor of The Volokh Conspiracy, a leading legal blog.
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. He is also professor of law at the George Washington University Law School and a contributing editor of The Atlantic. His newest book, Pursuit of Liberty: How Hamilton vs. Jefferson Ignited the Lasting Battle over Power in America, is out in October 2025.
Additional Resources
- National Rifle Association v. Vullo (2024)
- Murthy v. Missouri (2024)
- Bantam Books, Inc. v. Sullivan (1963)
- Rust v. Sullivan (1991)
- Genevieve Lakier, “Enforcing the First Amendment in an Era of Jawboning,” University of Chicago Law Review, Forthcoming 2026
- Eugene Volokh, “Jimmy Kimmel, the NRA, and the First Amendment,” Volokh Conspiracy, September 18, 2025
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