Judge Napolitano - Hope for the Dead
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In this episode of Brian Thomas' podcast, Judge Andrew Napolitano joins to discuss two major constitutional issues before the Supreme Court: the First Amendment protection of speech in LGBTQ conversion therapy and the interpretation of the 14th Amendment’s birthright citizenship clause. Napolitano argues that the Supreme Court correctly upheld free speech rights in Colorado’s conversion therapy ban, emphasizing that the First Amendment protects both affirming and challenging views, regardless of social policy. He criticizes the Colorado law as overreaching and not narrowly tailored, calling it a 'can of worms' that the government shouldn't police private conversations. On birthright citizenship, Napolitano firmly defends the long-standing precedent that children born in the U.S., regardless of their parents' immigration status, are citizens under the 14th Amendment. He dismisses the Trump administration’s argument as lacking constitutional grounding, noting that only two exceptions exist—children born on tribal lands during foreign sovereignty and children born to embassy personnel. He also addresses the issue of 'birth tourism,' suggesting that legal reforms—not constitutional amendments—are the proper remedy. The conversation closes with a warm Easter greeting, underscoring Napolitano’s faith and the episode’s reflective tone.
The First Amendment protects both affirming and challenging speech in therapy, even on sensitive topics like gender identity.
The government cannot ban speech in private medical or religious settings unless it meets strict scrutiny and uses the least restrictive means.
Birthright citizenship under the 14th Amendment applies to all children born in the U.S., including those of undocumented parents.
The only two constitutional exceptions to birthright citizenship are children born on tribal lands during foreign sovereignty and children born to foreign embassy personnel.
Birth tourism is a social concern, but it should be addressed through legislation, not constitutional amendment.
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First Amendment & Conversion Therapy
“You can't suppress one side of the bait. You have to allow the other. So the state could similarly not ban talk therapy designed to affirm a minor's sexual ideology. It runs both ways.”
“The Supreme Court has held that only two exceptions exist: children born on tribal lands during foreign sovereignty and children born to foreign embassy personnel.”
“The Trump administration really has no solid jurisprudence on which to stand. They quoted some Southern white racists in the post-Civil War era.”
“You can't suppress one side of the bait. You have to allow the other. So the state could similarly not ban talk therapy designed to affirm a minor's sexual ideology. It runs both ways.”
Host
Guest
Judge Andrew Napolitano
person
Supreme Court
organization
14th Amendment
other
Brian Thomas
person
Colorado
place
Trump administration
organization
iHeartRadio
brand
Apple Podcasts
brand
Poe v. Texas
other
55KRC
brand
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