Free Speech and Incitement: Defining the Limits of the First Amendment

As debates over protest, political rhetoric, social unrest, and online expression continue to shape public life, questions about the limits of free speech have become increasingly urgent. When does protected expression cross the constitutional line into unlawful incitement?

This panel discussion will explore those questions through themes from the edited volume Free Speech and Incitement in the Twenty-First Century. Featuring the book’s editors and contributors, the conversation will examine the constitutional doctrine surrounding incitement, the landmark Supreme Court case Brandenburg v. Ohio (1969), and how modern controversies—from political rallies and public demonstrations to social media and the January 6 Capitol attack—have renewed debate over the meaning and limits of the First Amendment.

Panelists include Eric T. Kasper, JoAnne Sweeny, and Adam Kunz. Bringing perspectives from constitutional law, political science, and political theory, the panel will explore how democratic societies can protect robust free expression while addressing speech that may provoke imminent unlawful action.

This event is part of Free Speech Week 2026 and is free and open to the public.