BONUS: Charlie Kirk & Free Speech (Part 1)

Sunday, September 21, 2025

Join Shannon Salmon-Haas and host Todd Marquardt as they address free speech and the passing of Charlie Kirk on this bonus edition of Talk Law Radio. Be sure to check out part two next weekend!

In this episode of Talk Law Radio, the discussion centers around the controversial figure, Charlie Kirk, and the broader implications of free speech. The episode begins with an introduction to hidden legal blind spots that may arise in discussions about free speech.
The conversation then delves into the assassination of Charlie Kirk. The episode also examines why some people consider Charlie Kirk's beliefs to be hateful, highlighting his most divisive issues, including gender ideology, abortion, illegal immigration, dismissing "white privilege," opposing systemic racism, the 2020 election fraud, and gun rights.
The episode further explores the concept of hate and who defines it, posing thought-provoking questions such as what if someone said they hate men who marry women, or that they hate that sex and gender are assigned at birth, or that they hate free market economics.
The discussion then shifts to the causes of polarization, referencing Carnegie Endowment Research from 2023. It explains how polarization divides people into sharply contrasting groups or sets of opinions or beliefs, and how polarized political candidates and parties promote more extreme candidates, especially in districts with safe seats. The episode also touches on emotionally polarized individuals, known as affective polarization.
Solutions to reduce affective polarization are discussed, including creating a sense of shared identity and pluralistic work that coordinates groups to act on shared goals. The episode emphasizes the importance of bridging differences to build trust and advance a more just democracy.
The correlation between polarization and violence is also examined, noting that people who commit political violence often have aggressive personalities and poor self-control. The role of social media in amplifying extreme views is highlighted, with a warning that enragement means engagement for social media purveyors.
The episode concludes with a discussion on the law about speech, referencing key Supreme Court cases such as Schenck v United States, Brandenburg v Ohio, and Cohen v California. The legacy of these legal precedents is considered in the context of contemporary free speech debates.

The mission of Talk Law Radio is to help you discover your legal issue blind spots by listening to me talk about the law on the radio. The state bar of Texas is the state agency that governs attorney law licenses. The State Bar wants attorneys to inform the public about the law but does not want us to attempt to solve your individual legal problems upon the basis of general information. Instead, contact an attorney like Todd A. Marquardt at Marquardt Law Firm, P.C. to discuss your specific facts and circumstances of your unique situation.

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