About this episode
In this episode of Fighting Matters, Steve Kwan from BJJ Mental Models is joined by Jesse Walker of Rough Hands BJJ and attorney/mediator Andrew Burcham for a deep dive into the legal minefield of free speech, particularly how it intersects with combat sports culture and the internet. What does the First Amendment actually protect? Can private companies limit your speech? Why do so many fighters and fans misunderstand their rights, and what happens when “free speech” is weaponized to shield bigotry? From Dana White to Gordon Ryan, from hate speech to stochastic terrorism, this episode explores how legal frameworks shape behavior online and on the mats—plus what it means for those navigating both the Jiu-Jitsu community and public discourse today. ⸻ 👥 Featuring: Andrew Burcham – Attorney & Mediator Jesse Walker @RoughHandsBJJ Steve Kwan @bjjmentalmodels ⸻ 🧠 Topics We Cover: • What the First Amendment actually says • Why free speech doesn’t mean freedom from consequences • The legality of hate speech in the U.S. vs. Canada • Stochastic terrorism, incitement, and internet mobbing • Citizens United and how money became “speech” • How lawfare, venue shopping, and religious freedom collide • What Jiu-Jitsu can learn from better civic literacy ⸻ 📖 Chapters: 00:00 – Intro: Meet Andrew Burcham, attorney & Jiu-Jitsu practitioner 01:15 – Free speech in the U.S. vs. Canada 03:55 – Bryce Mitchell, Dana White, and the misuse of “free speech” 06:24 – What the First Amendment really protects 10:00 – The cake maker case: religion vs. discrimination 14:41 – How venue shopping influences legal outcomes 17:23 – U.S. vs. EU: why American law varies state to state 20:08 – The illusion of blind justice and stacking the courts 25:14 – Social media, incitement, and Brandenburg v. Ohio 29:59 – Internet mobs: the Gordon Ryan effect 32:18 – Stochastic terrorism and platform accountability 35:07 – Hate speech laws in Canada vs. the U.S. 39:37 – Can employers fire you for what you say online? 42:00 – Protected classes colliding: religion vs. gender identity 46:16 – Weaponizing religion in legal challenges 51:18 – Citizens United: when corporations got free speech 55:25 – Buying political power: Elon Musk, TrumpCoin & ROI 58:45 – Cuts to Medicaid: real-world consequences in rural America 01:02:33 – Why Americans misunderstand free speech 01:06:34 – The myth of “free speech absolutism” 01:09:13 – Why some grapplers can’t speak out 01:10:36 – Final thoughts: Be kind, question power, fight for truth