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Law and Disorder is a weekly independent civil liberties radio program airing on more than 150 stations and on Apple podcast. Law and Disorder provides timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.
Law and Disorder September 28, 2026
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Exceptional Hatred: Antisemitism And The Fight Over Free Speech In Modern America
Today in America, “we proclaim our commitment to fighting hatred while applying it selectively. We champion free speech until confronted with speech we despise – and minimize the claims of those wounded by words.” American democracy “stands at a precipice, besieged by authoritarian politics, resurgent nativism, and populist demagoguery. These forces, once relegated to history, now threaten our pluralistic society and its defining commitments to freedom and equality.” Those chilling words are from the brand new book Exceptional Hatred: Antisemitism And The Fight Over Free Speech In Modern America by James Loeffler.
Guest – Professor James Loeffler is the Felix Posen Professor of Modern Jewish History at Johns Hopkins University, and Kogod Senior Research Fellow at the Shalom Hartman Institute of North America. He writes widely on modern Jewish history from antisemitism to Zionism, with a focus on the overlooked ties between the Jewish past and the global present in politics, law, and culture. His writing has appeared in The Atlantic, The New York Times, The Washington Post, The Wall Street Journal, and The New Republic.
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Digital Privacy Laws Lag Far Behind Evolving Modern Communication
The 15th anniversary of Occupy Wall Street has just passed, when protesters occupied Zuccotti Park NYC and sparked a global movement. Occupy also attracted significant government surveillance. Documents later obtained through FOIA showed that the Department of Homeland Security monitored the movement and circulated intelligence to the private sector about Occupy activists and protests. That history raises a question that goes well beyond protest movements: How do lawyers protect confidential communications in a world where so much of their work is digital? Confidentiality handle information that can affect a client’s freedom, finances, safety, and legal strategy. Yet many lawyers aren’t trained to think about the technology they use in terms of protecting that confidentiality.
Guest – Jonathan Stribling-Uss, is a New York City lawyer and digital security consultant. He founded and directs Constitutional Communications, an organization that supports non-profits specializing in information security for professionals and civil society groups. Jonathan previously served as a Mozilla and Ford Foundation Media and Democracy Fund Technologist Fellow at the New York Civil Liberties Union. He has trained hundreds of attorneys in cybersecurity and ethics through organizations including the New York County Lawyers Association and the American Bar Association. https://privacytools.io/
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Law and Disorder September 21, 2026
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The Conviction Machine: Prosecutors, Politicians and Police Violence in Chicago
The comedian Lenny Bruce used to joke that Chicago was so corrupt. It was thrilling. He had no idea. Bruce was referring to run of the mill bribery of a traffic cop or a police officer taking your floor mats in lieu of a ticket or a pay off from a local bar owner. The corruption in Chicago ran much deeper. It went from the prosecutors who were actually in the police station, listening to the screams of men being tortured, before they went and took a signed confession from them.
It was the commander of a whole section of police who learned how to torture people from a tour of duty in Vietnam. He brought back an electric machine that they had actually used in Vietnam Vietnamese. This machine was used on Black people in Chicago. Three hundred people were convicted on the basis of tortured confessions. The corruption ran all the way up to the mayor’s office. Mayor Richard J Daily knew about it and said nothing.
It was only the work of a few attorneys like Flint Taylor and the community, the Black Panther party, and activists and progressive politicians who exposed it. Their victory included reparations, The torture of people in police stations on the west side and southside of Chicago is now taught to eighth grade and 10th graders in the public schools.
“In the halls of justice the only justice is in the halls“ said H. Rap Brown, the leader of the Student Nonviolent Coordinating Committee (SNCC)
Guest – Flint Taylor, a founding member of Chicago’s Peoples Law Office. He represented the families of slain Black Panther leaders Fred Hampton and Mark Clark. He continues to represent many survivors of police torture and wrongful convictions. Attorney Taylor is co-counsel in the Malcolm X assassination case and is the award-winning author of the historical memoir “The Torture Machine“. Flint’s book is a captivating account of the most corrupt and blood soaked chapter In Chicago law-enforcement history.
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U.S. Supreme Court Decisions Resetting Precedent Part 2
Back we go to review of more cases from the recent term of the U.S. Supreme Court. We start with the birthright citizen case. Then we take up cases dealing with immigration and executive power, as well as other major cases. We also look at what many have described as corruption among the Justices.
Guest – Ellen Yaroshefsky is the Howard Lichtenstein Distinguished Professor of Legal Ethics, Maurice A. Deane School of Law, at Hofstra University. She is a leading educator and expert in ethics law and serves as an expert witness and advisor to lawyers and law firms. Prof. Yaroshefsky is a former Commissioner on the New York State Joint Commission on Public Ethics. She has previously worked at the Center for Constitutional Rights and has been in private practice. And Prof. Yaroshefsky has received numerous awards, including the New York State Bar Association’s honor for Outstanding Contribution in Criminal Law Education.
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Law and Disorder September 14, 2026
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Reviewing Key SCOTUS and Lower Court Cases
Last month co-host Stephen Rohde reviewed the conservative legal doctrine known as the Unitary Executive Theory as the US Supreme Court ended its term further entrenching the reactionary Republican agenda. As legal battles mount across every tier of the judiciary, basic constitutional rights continue to be tested in the courtroom. We’ll highlight key cases that impact immigration, voting rights, freedom of speech and freedom of press.
Guest – Stephen Rohde is the author of two books and numerous articles and book reviews on constitutional law and history. He is the former president of the ACLU Foundation of Southern California and is a special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council. He is host of the new podcast Speaking Freely produced by MS Studios and is available on Spotify and I Heart radio and other streaming platforms. Steve Rohde is also, of course, one of the co-hosts here on the Law and Disorder radio show.
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Defending Attacks Against First Amendment Rights
We are living through one of the most dangerous government attacks on freedom of speech and freedom of the press in American history. Trump has issued more than forty executive orders, fact sheets, and presidential memorandum, along with scores of enforcement actions dutifully issued by the obedient federal officials he has appointed, that abridge the First Amendment rights of millions of Americans and foreign visitors.
Here’s a sampling of what Trump has done: He has retaliated against law firms for their advocacy and representation of specific clients; terminated billions of dollars in federal funding to universities in an effort to alter their ideological cultures and control their core academic operations; conditioned federal research and other funding on the agreement not to practice or promote “diversity, equity, and inclusion” or “gender ideology” and to teach only “patriotic” curricula in K-12 schools; arrested, detained, and subjected to deportation international students and foreign scholars based on their viewpoints and political activism, and revoking the visas of foreign nationals based on political expression; retaliated against the press by excluding specific media outlets from White House events based on their viewpoints and reporting; threatened to revoke broadcast licenses based on networks’ editorial decisions; restricted reporters’ access to unclassified defense-related information held by the Pentagon; sued newspapers and publishers for defamation, consumer fraud, and “election interference”; scrubbed historical, scientific, and other data from federal agency websites; ordered the removal of “anti-American” displays in national museums;
Interview referenced on Medialite
Guest – Floyd Abrams, one of the most prominent First Amendment lawyers in America.
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