Cato Event Podcast

Extreme political views and speech have been a feature of American political and social life virtually since the founding of the republic. The Founders intended for the First Amendment to protect governmental infringements on speech, but throughout the republic’s history those protections have been breached on multiple occasions. The Alien and Sedition Acts, the Anarchist Exclusion Act, and the Espionage Act are just some of the examples of federal laws that have criminalized certain kinds of speech. But in a landmark 1969 Supreme Court decision in Brandenburg v. Ohio, the high court ruled that speech deemed inflammatory or even threatening could only be prohibited by the government if it is “directed at inciting or producing imminent lawless action” and is “likely to incite or produce such action.” Ever since, that decision has provided protection against government attacks on speech by individuals or groups across the political spectrum deemed offensive or politically disfavored.But what happ