The 1968 Case That Proves the Charlie Kirk Firings Were Illegal
Opening Arguments
Opening Arguments Media LLC
4.3 • 3.7K Ratings
🗓️ 22 December 2025
⏱️ 69 minutes
🔗️ Recording | iTunes | RSS
🧾️ Download transcript
Summary
OA1218 - What happens to your first amendment rights when you work for the government? Do you give it all up when you walk in the door? How do we balance the individual right of the worker to speak, against the government’s need to have a functioning work place? Pickering v Board of Education (1968) sets us up to understand how this all works… and why a teacher criticizing Charlie Kirk on their personal Facebook page probably isn’t a fireable offense.
Patrons got exclusive content at the end of this one, only available at patreon.com/law! Can you apply these principles to eight cases that followed Pickering? Quiz yourself alongside Thomas!
-
Pickering v Board of Education, 391 U.S. 563 (1968)
-
A summary of the history of criminal defamation law, Robinson, E.P. (2024, July 5). Criminal libel. Free Speech Center at Middle Tennessee State University.
Check out the OA Linktree for all the places to go and things to do!
To support the show (and lose the ads!), please pledge at patreon.com/law!
Transcript
Click on a timestamp to play from that location
| 0:00.0 | commenting on a matter of public importance, even if you make a mistake or two, that's not grounds to fire you because you criticized your boss. |
| 0:18.0 | However upset you are at the firings and the violations of the First Amendment, it's hard to even put into words how much worse it is than people even talk about or know or care about, apparently. |
| 0:33.6 | Hello and welcome to opening arguments. This is episode 1218. I'm your host Thomas Smith. |
| 0:43.8 | And that over there is attorney and voting rights advocate slash did the government kill your job yet? |
| 0:44.7 | Not yet. |
| 0:45.9 | I am. |
| 0:50.1 | Overlooked by this fascist government and still somehow working. |
| 0:51.4 | Janessa, how you? Their eyes are based on movement. |
| 0:53.2 | So we're just laying low. Their visions based on woke movements. As long as you don't move too wokely, they can't see you. Quite literally. That dinosaur thing's a myth, right? That turned out to be a myth. I'm pretty sure it did. I was going to accidentally start giving you a giant neuroscience thing about frogs. Let's not. |
| 1:16.0 | Neuroscience think about frogs. Yeah, their vision and how they're superior colliculus and movement. |
| 1:29.8 | They got a better colliculus than us? Yeah. How are you doing? I am alive, which may have been up for debate the last couple of weeks. I am here. I am well again. |
| 1:34.6 | I was running out of things to make up for why you were going. People weren't believing me, |
| 1:40.1 | you know. She had to visit her cousin in Canada. She was actually sick, folks. You were really sick. Oh, my God. COVID, right? Well, I hope the test was negative. Yeah. So probably flu-like thing that turned into a sinus infection and a giant asthma attack. |
| 1:49.9 | And oh, my God, get your vaccines. |
| 1:52.6 | Wear your masks when you're around the churmy children. |
| 1:56.2 | I just, oof, I'm better now. |
| 1:58.9 | Well, I'm so glad you're better. |
| 2:00.8 | And I'm really excited to be doing the Monday show with you. I think this is going to be great because we're getting back to classic OA deep dive stuff. And we've been doing that here, and they're not to say we haven't. I've loved the Warren Court Good Law series you've done with Matt, and it's sort of in that vein that we wanted to talk about a classic case, |
| 2:18.2 | a landmark case, Pickering v. Board of Education. I feel like whenever the Board of Education's |
| 2:23.7 | involved, it's some shit's going down. Pretty much. Whenever that's in the name of the Supreme |
| 2:28.8 | Court case, there's some shit's happening. Yeah. So this one actually, I wasn't intentionally |
| 2:33.4 | hunting for Warren in court, |
... |
Please login to see the full transcript.
Disclaimer: The podcast and artwork embedded on this page are from Opening Arguments Media LLC, and are the property of its owner and not affiliated with or endorsed by Tapesearch.
Generated transcripts are the property of Opening Arguments Media LLC and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.
Copyright © Tapesearch 2026.

