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.
Can the President Kick Reporters Out of the White House? | Eugene Volokh and Jane Bambauer | Hoover Institution
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."
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.
15 Sept 2026
Spoiler Alert: Can You Get Sued For Revealing A Plot Point? | Eugene Volokh and Jane Bambauer | Hoover Institution
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 Along the way, they consider why describing an ending differs from posting a clip, how unpublished leaks complicate the analysis, and when a spoiler might cross the line from bad manners to legal liability.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.
1 Sept 2026
The Process Is The Punishment: ABC v. FCC With Stuart Benjamin | Hoover Institution
ABC is challenging the Federal Communications Commission, arguing that the agency is using its licensing authority to punish the network for its coverage and political viewpoint. First Amendment scholars Jane Bambauer and Eugene Volokh are joined by Duke law professor Stuart Benjamin to examine the lawsuit, the FCC’s unusually broad “public interest” power, and the special rules that have long governed broadcast speech. They discuss allegations of retaliation and pretext, the chilling effect of costly government investigations, and whether this dispute could prompt the Supreme Court to reconsider broadcasters’ second-class status under the First Amendment.
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.
Reach and audience
Public platform figures. Ratings count people who left a rating, not total listeners.
Apple Podcasts (US)
5.0 / 5
9 ratings
Spotify
5.0 / 5
4 ratings
Podcast Authority Score: 23 / 100
A composite of feed quality, social presence, YouTube performance and engagement. Read the methodology.
Quality
26
Social presence
0
YouTube
0
Engagement
51
Contact Free Speech Unmuted
Guest appearances
Does not typically book guests
Based on episode analysis; this does not confirm that the show is currently accepting guests.
Pod Engine is an independent podcast discovery and analytics service and is not affiliated with or endorsed by this podcast. Artwork and show content belong to their owners. Full legal notice.
Explore this show Podcast research with Pod Engine
