Advisory Opinions

Judgmental looks. Angry scoffs and murmurs. Maybe even kicks at your back. All because you dared to recline your airplane seat. But isn't it your right to recline? Sarah and David charge into this heated -- and ever urgent -- legal question about ownership with Michael Heller, Professor of Real Estate Law at Columbia Law School, and James Salzman, Professor of Environmental Law at UCLA Law School, about their book Mine!: How the Hidden Rules of Ownership Control Our Lives. But first: SCOTUS updates and the disappointing sizzle of the anticipated Section 230 case.Show Notes:-Gonzalez v. Google, Section 230 case-Supreme Court hears oral arguments in Twitter case-Supreme Court denies Wikipedia and NSA case-Onion amicus brief-Mine!: How The Hidden Rules of Ownership Control Our Lives Learn more about your ad choices. Visit megaphone.fm/adchoices

Former VP Mike Pence is challenging a special counsel subpoena. David and Sarah look into the “speech or debate” clause cited by his defense team and its merits. Plus, a challenge to Connecticut schools transgender policy, more social media and first amendment clashes, and a little love shown to the fourth amendment on this post-Valentine’s day episode.Show Notes:Pence to fight special counsel subpoena on Trump’s 2020 election denialUS appeals court will rehear challenge to inclusive Connecticut transgender athlete policyCourt Blocks N.Y. Law Mandating Posting of "Hateful Conduct" Policies by Social Media Platforms (Including Us)Volokh v. JamesJudge Andrew L. Carter's Wikipedia Page (for the photo)Banks Appeal, 7th Circuit Learn more about your ad choices. Visit megaphone.fm/adchoices

Ron DeSantis wants to make open and slacken up national libel laws and, as always, it gets complicated. Sarah and (host emeritus) David try to help out. Also: Meta  gets sanctioned!Show Notes:-Advisory Opinions: The Problem with "History & Tradition"-Fl. Gov. DeSantis floats legislation that would make it easier to sue news outlets-Reuters: Sarah Palin's legal fight with NYT-4th Circuit panel grants Stein injunction against criminal charges-Reuters: Meta, law firm Gibson Dunn sanctioned in Facebook privacy case-DOJ says end of health emergency will terminate Title 42 policy and moot Supreme Court case-David French for NYT: Men Need More Purpose Than Respect Learn more about your ad choices. Visit megaphone.fm/adchoices

Friend of the pod David Lat challenges Sarah and frequent-guest David to think through the implications of different types of anonymous speech. Where is the line between a whistleblower in need of protection and a rumor-monger?Also:-The worst SCOTUS decisions, ranked (by Twitter-bound, partisan PoliSci majors).-Given ChatGPT’s poor grasp of legal history, will we win the coming war against the Cylons? [Producer note: David is wrong. The answer is no.] Learn more about your ad choices. Visit megaphone.fm/adchoices

In an episode dedicated to our most reasonable and law-abiding listeners, Sarah and David examine a Fifth Circuit's ruling that took the Bruen test to the next level. Following "history and tradition," the court found that barring domestic violence offenders from owning a guns is unconstitutional.  Our hosts have thoughts. Also: can our hosts take on the Murdaugh murder case?Show Notes:-CNN: Law barring people with domestic violence restraining orders from having guns is unconstitutional, court rules-Murdaugh Murder Case: New Evidence -Trailer: Low County, The Murdaugh Dynasty Learn more about your ad choices. Visit megaphone.fm/adchoices

Face to face at last, The One And Only Host Sarah Isgur and Untitled Tennessean David French exchange rants about NY prosecutors' untested legal theory for indicting Trump and about Biden's approach to ending emergency law (we believe the technical term is “¯\_(ツ)_/¯”).Also:-Should “sincerity of belief” factor into religious freedom decisions?-The vexing cake speech debate continues!-A judge flunks on the Constitution-Tingley v. Ferguson: Is therapeutic speech… speech?-One Catholic father is cleared by the DOJ-And…why Justice Kavanaugh concurs Learn more about your ad choices. Visit megaphone.fm/adchoices

Have you been feeling too optimistic about the state of free speech recently? Don’t worry! For AO’s 300th episode (!), Sarah and David wade through some of the latest, most migraine-inducing attempts to stomp, quell, restrict, and penalize free inquiry and expression.On the docket:-SCOTUS update.-In Texas, an influencer-slash-journalist brings together right and left in defending free speech against qualified immunity.-California really, really wants to ban “misinformation…” Now, if only it could figure out how to define it…-Hamline University’s getting sued… for religious discrimination?-Reading Hitler’s memoir can get you in trouble at Stanford. Learn more about your ad choices. Visit megaphone.fm/adchoices

Honor, thy name is the Pence staffer who found classified documents and resisted the urge to accidentally let them slip into a shredder. In addition to covering the latest in the Trump-Biden-Pence-Carter documents drama, David and Sarah discuss what’s shaping up to be one of the most egregious cases of spy corruption in American history.Plus:-A Georgia grand jury updates-A headscratcher case of wrongful arrest-Some thoughts on Florida’s crackdown on College Board’s African American Studies AP curriculumShow Notes:Classified documents discovered at home of former VP Mike PenceEx-FBI arrested for alleged money launderingGeorgia election probe report to remain secret for nowDeSantis sparks outrage with rejection of African American studies classThe Dispatch: Academic Freedom for Whom?G-File: Reading, Writing, and... Black Queer Studies? Learn more about your ad choices. Visit megaphone.fm/adchoices

If somebody understands the challenges of appointing special counsels, it's Deputy Attorney General Rod Rosenstein. He joins Advisory Opinions to talk (and reminisce) about DOJ drama. Also: Sarah and David have some tepid SCOTUS updates.Show Notes:-NYT: Investigators Seize More Classified Documents From Biden's Home-The Dispatch Podcast: The Biden Files Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court saves the day (or at least, this episode) with a slew of last-minute cert grants. A consolidated immigration case; a legal battle between a 93-year-old woman and the state of Minnesota over a foreclosed condo; a search for the line between free speech and death threats; and, for good measure, David lets out a bee that’s been buzzing in his bonnet since law school over a religious accommodations case. Plus: so long sans serif!Show Notes:Pugin v. Garland, Garland v. Cordero-GarciaTyler v. HennepinCounterman v. ColoradoGroff v. DeJoyMcSweeneys: I'm Comic Sans  Learn more about your ad choices. Visit megaphone.fm/adchoices