August 28, 2024: Jack Smith Files New Election Subversion Indictment, TikTok to Face Lawsuit Over 10 Year Old's Death, Court Upholds Ban on Undocumented Immigrants Possessing Firearms, and More.
Aug 28, 2024
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Special Counsel Jack Smith, known for his role in high-profile legal proceedings, joins Harris and Walz for an insightful discussion. They delve into the latest indictment against a former president, emphasizing the legal implications of presidential immunity. The conversation also highlights a court ruling allowing TikTok's liability lawsuit to proceed after a tragic incident, and examines ongoing legal challenges regarding immigration and gun rights. Finally, they touch on updates in space exploration and political developments shaping the current landscape.
The new superseding indictment against Trump emphasizes distinctions between his actions as a candidate versus those as a sitting president, crucial for the prosecution's strategy.
The appellate court's ruling allows a lawsuit against TikTok to challenge its content promotion practices, questioning the extent of Section 230 protections for algorithm-driven content.
Deep dives
Superseding Indictment Context
A superseding indictment has been filed in the election interference case against a former president, replacing the original indictment to clarify allegations while keeping the same charges and defendant. This change comes in light of a Supreme Court ruling on presidential immunity, which indicated that a former president may have varying levels of immunity based on the nature of their actions. The new indictment distinguishes between Trump’s actions as a candidate and a president, suggesting that actions taken as a private citizen are less likely to invoke immunity. For example, the language in the indictment has been modified to emphasize that Trump’s speech was as a candidate and citizen rather than as the sitting president, which is crucial for the prosecution’s case.
Liability of Social Media Platforms
A recent ruling from the Third Circuit Court of Appeals allows a lawsuit against TikTok regarding the tragic death of a 10-year-old girl to proceed, challenging the protections provided by Section 230 of the Communications Decency Act. The girl’s mother alleges that TikTok deliberately promoted harmful content through its algorithms, leading to her child participating in a dangerous viral challenge. This case is noteworthy as it examines whether TikTok's algorithmic curation of content constitutes expressive speech, thereby complicating the traditional understanding of Section 230 immunity. This appellate ruling does not determine liability but rather emphasizes the emerging legal landscape concerning social media accountability for algorithmic content curation.
Gun Rights and Immigration Law
The Fifth Circuit Court of Appeals has upheld a federal law prohibiting illegal migrants from possessing firearms, affirming that this restriction aligns with historical traditions of firearm regulation in the United States. The case involved Medina Cantu, who argued that this ban violated his Second Amendment rights; however, the court reasoned that individuals illegally residing in the country do not fall under the protections of the Second Amendment. This decision reinforces a previous ruling from 2011 regarding the same law, which maintained that non-citizens in the country illegally are not included in the political community described by the Constitution. Medina Cantu may have the opportunity to appeal this case further, potentially bringing it before the Supreme Court for review.