Free Speech Unmuted

Author: Hoover Institution

Hoover Institution Senior Fellow Eugene Volokh is one of the countrys 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. Theyll 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.
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Language: en

Genres: Government, News, News Commentary

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Student Speech, Threats, and the First Amendment | Eugene Volokh and Jane Bambauer | Hoover Institution
Episode 33
Tuesday, 17 February, 2026

When can a public university punish a student for speech that includes violent references, and that frightens some people, but is not a clear threat? Eugene Volokh and Jane Bambauer unpack two recent court cases, one that upholds such punishment and another that says it violates the First Amendment: Damsky v. University of Florida and Christensen v. Ohio State University. Volokh and Bambauer explore how courts are applying the “substantial disruption” standard from Tinker v. Des Moines, and why speech by public university students that alludes in an ambiguous way to violence creates hard First Amendment questions. 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.