- Law & Policy
- Politics, Institutions, and Public Opinion
- Judiciary
- Revitalizing American Institutions
Can you be sued for repeating a rumor—even if you say you don’t believe it? Is calling someone a “racist” an allegation of fact or opinion? In this episode, Eugene Volokh and Jane Bambauer unpack the hidden rules of defamation law, from libel and slander to viral tweets and billion-dollar verdicts. It’s a deep dive into what you can freely say, what you can be sued for, and why the biggest legal battles often turn on the smallest details.
Recorded on April 27, 2026.
ABOUT THE SERIES
Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the 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. They 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 Americans' everyday lives.