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Robert Post

Robert Post

American legal scholar and former dean of Yale Law School

Sep 29, 2026

6:33
Public opinion is high stakes.
6:36
We are subject to the judgment of people like us who are reading the things that we're reading.
6:41
What the public sphere made possible is the control of the state, which had become very powerful by the end of the 18th century, by politics.
6:51
What we mean by politics is the contention of various parties to control and to influence public opinion.
6:58
That's what a political process is.
7:00
It's through words and communication, not through violence.
7:03
And so what we now call a democracy, government by public opinion, is really made possible by the invention of printing, which leads to the public sphere, which leads to public opinion.
10:39
Once again, Professor Post.
28:30
But what happened? What changed? And how much of that is still with us today as a result of that? Well, you know,
28:36
we speak about the rights, criminal due process rights, the criminal rights of the Sixth Amendment rights and Fifth Amendment rights and Fourth Amendment rights.
28:46
These rights come out of prohibition.
28:48
We didn't really have much development of these criminal defense rights because the federal government really did very little criminal prosecutions before prohibition.
28:58
Suddenly there are mass prosecutions and these bootleggers have a lot of money.
29:02
They hire attorneys and they make every objection.
29:05
So almost all the major frameworks of Fifth Amendment rights and Fourth Amendment rights, search rights, come out of prohibition.
32:39
the Taft Court's handling of prohibition, and this is a topic that has been kind of a topic that has been across the first handful of episodes that we have had, fit into the broader expansion of federal administration during this period?

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