Michael Haddam
speaker
274 appearances
1 recordings
1 series
first heard Jan 2026
last heard 22 Jan
Michael Haddam’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Jan 2026 with 1.
Appearances
And the previous measure had been called the bad tendency test.
So if somebody's words, you know, could be deemed as having a tendency to incite or cause bad things, right?
If you think about it, that is a much broader measure.
Yeah.
Right.
That can be applied.
So in some sense, even though Shank upholds the Espionage Act and goes against this previous idea of bad tendency, it introduces this new measure, clear and present danger, that is meant to give more specifics to the circumstances in which the government can limit speech.
Yeah, this is, I mean, in some sense, this is a seminal moment for the First Amendment.
Mm-hmm.
Because the Supreme Court states that it basically incorporates the First Amendment in this case.
And it's saying now the states are not allowed to do anything that would violate the First Amendment of the Federal Bill of Rights.
And so it's a real turning point for how the First Amendment is treated by the courts going forward.
Yeah.
Yeah, absolutely.
It is definitely the case that this rise of technological development, specifically with media, has a significant impact on how the First Amendment is viewed.
But also, so did the war, right?
The Espionage Act and the Sedition Act
it's not that they get repealed, but a few years after the war ends, the federal government actually commutes the sentence of many of the people who were convicted under those acts.
And so there's a real backlash to those acts and to the idea of
the federal government, you know, targeting speech and jailing people for their speech.
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