Table of Contents
So to Speak podcast: ‘Incitement’ with David L. Hudson Jr.
There are very few exceptions to the First Amendment, and “incitement to imminent lawless action” is one of them. In the wake of former President Donald Trump’s impeachment trial over his alleged incitement of the Jan. 6 violence at the U.S. Capitol, this obscure legal doctrine has captured headlines.
On today’s episode of So to Speak: The Free Speech Podcast, we discuss the incitement doctrine, and whether Trump’s Jan. 6 speech amounted to incitement, with First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr. He is an Assistant Professor of Law at Belmont University and the Justice Robert H. Jackson Legal Fellow at FIRE.
- Transcript
- Brandenburg v. Ohio (1969)
- Transcript: Donald Trump speech at the Jan. 6 “Save America” rally
You can subscribe and listen to So to Speak: The Free Speech Podcast on Apple Podcasts, Google Podcasts, and Stitcher, or download episodes directly from SoundCloud.
Stay up to date with So to Speak on the show’s Facebook and Twitter pages, and subscribe to the show’s newsletter at sotospeakpodcast.com.
Have questions or ideas for future shows? Email us at sotospeak@thefire.org.
Recent Articles
Get the latest free speech news and analysis from FIRE.
FIRE Reacts -- Where does Harvard go from here? With Larry Summers
Podcast
2025 has not been kind to Harvard. To date, the Trump administration , demanding violations of free speech, academic freedom, and institutional autonomy in return for restoring the funding. In response, Harvard , raising First Amendment claims. ...
Why FIRE is suing Secretary of State Rubio — and what our critics get wrong about noncitizens’ rights
