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 over the last 12 months — 1 in all, peaking in Jan 2026 with 1.

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American History Hit · Origins of the First Amendment · 22 Jan 2026 podcast

You know, there's the famous Brandenburg v. Ohio case, right, from 1969, which essentially revised the clear and present danger measure that came out of the Schenck case in 1919.

And it turned the new measure into what was called an imminent threat of unlawful action.

So now we are in a circumstance today and for the last 50 years or so where speech can be restricted if it presents an imminent threat

OK, of unlawful action.

And so that is an even stronger test.

So we've gone from bad tendency to clear and present danger to imminent threat of unlawful action.

And each one gets stricter.

Yeah.

Right.

So the restrictions on the government, what they can what they can restrict has has gotten less over time.

Yeah.

So it's not that we necessarily have a free-for-all right now, but we probably have the least restrictions on our speech now.

And that, like in the early 20th century, technological development has also been a factor in that, with the development of the internet and technology.

Yeah, exactly.

It's ironic, right?

Because Brandenburg was this KKK leader in rural Ohio and a news channel came to film one of his rallies.

And Ohio had a very vague state law that prohibited speech that, quote, advocated or incited violence.

And that was very widely construed.

But once this news program filmed a KKK rally and Brandenburg's speech, which made all kinds of racist remarks and threats against African-Americans and Jewish people, once they broadcast that

Brandenburg was arrested under this very vague Ohio law in charge with advocating violence, and his lawyers claimed that that state law violated the First and the Fourteenth Amendments, and the case was found for him.

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