

Opening Arguments
Opening Arguments Media LLC
Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas!
The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!
The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!
Episodes
Mentioned books

Oct 6, 2025 • 57min
That Time the Supreme Court BANNED PRAYER in Schools... Except They Didn’t
Dive into the cultural firestorm ignited by the 1963 Supreme Court case Engel v. Vitale, which famously limited school prayer. Discover how this seemingly simple ruling revealed deep-seated tensions between religion and state. Learn why even brief, nonsectarian prayers were deemed potentially coercive and how public outrage misinterpreted the decision as a ban on all prayer. Explore the evolving landscape of the Establishment Clause and its implications for modern religious expression in schools, along with the ongoing debates surrounding it.

10 snips
Oct 3, 2025 • 51min
Stephen Miller Is Just Having People Killed Now
Explore the ongoing government shutdown and its surprising effects, including how immigration courts remain open. Dive into the alarming choices of the Trump administration, from military actions against Venezuela to the designation of Antifa as a domestic terrorist group. Celebrate recent victories for voting rights and free speech, notably for non-citizen students. Also, discover how these troubling developments could signal a disturbing trend towards authoritarianism, all while enjoying a nod to the Wu-Tang Clan's legal escapades.

14 snips
Sep 29, 2025 • 50min
Take It From Two Defense Attorneys - DO NOT TALK TO THE COPS
Join defense attorney Liz Skeen, who has over a decade of experience in criminal law, as she delves into the complexities of Miranda rights. She emphasizes the importance of not talking to police and shares effective suppression strategies. Discover how NYPD trains its officers on Miranda and the significant impact of waiving rights. Liz discusses recent legal cases and the nuances of invoking rights while providing practical advice for anyone who finds themselves in a police situation. Tune in for insights that could change your approach to police interactions!

10 snips
Sep 26, 2025 • 56min
Could Tylenol Sue Trump and RFK Jr. for Libel?
Could Tylenol sue public figures for libel? The conversation reveals intriguing insights into sovereign immunity and defamation law. They weigh in on the FCC's pressure on Disney regarding free speech rights. Plus, a new fee could hit rural hospitals hard when hiring foreign doctors. In a personal twist, Janessa shares her journey to tackle a challenging bar exam in patent law, emphasizing the value of a STEM-legal background.

Sep 24, 2025 • 1h 49min
HBO released a new Adnan Syed doc episode and it is shockingly dishonest
We watched the newly-released final episode of HBO’s The Case Against Adnan Syed, and we have questions. Are the producers really trying to pin the murder of Hae Min Lee on a Black man with obvious mental health issues who was already cleared as a suspect--and did they really need to show the world a fully-nude photo of him to make that case? What is the story that they are trying to tell here, and just how far off is it from the truth? From the libelously deceptive cold open to the slyly deceptive summary of Syed’s post-Serial legal proceedings and beyond, Matt brings his post-conviction expertise to make the case against The Case Against Adnan Syed. FOOTNOTES SIO354: “Serial's Adnan Syed Conviction Reinstated--What Happened? (w/Matt Cameron) (4/4/2023) OA1067: “Adnan Syed Remains a Convicted Murderer” (9/9/2024) State’s Attorney Ivan Bates’s memorandum in support of his Motion to Withdraw the previously-filed Motion to Vacate Judgment 85-page Court of Appeals decision in Lee v. State reinstating Adnan Syed’s conviction (3/28/2023) State’s Attorney Marilyn Mosby’s Sep 14, 2022 motion to vacate Adnan Syed’s conviction Judge Phinn’s September 19, 2022 order on motion to vacate Attorney General Brian Frosh’s statement re: SA Mosby’s motion to vacate Attorney General’s fiery response to Adnan Syed’s motion to disqualify AG’s office from representing the state of Maryland in this appeal More on the feud between the Attorney General and Baltimore City State’s Attorney over the Adnan Syed conviction: “Maryland AG questions integrity of process used to exonerate Adnan Syed,” Maryland Daily Record (10/25/2022) Full transcription of prosecutor’s handwritten note which Mosby alleged constituted Brady evidence and more information in this Baltimore Banner story: “Was Adnan Syed Note Misinterpreted?” Baltimore Banner, (11/1/2022) Appellant Young Lee’s brief in Lee v. State Defendant Adnan Syed’s brief in Lee v. State 2019 Court of Appeals decision finding ineffective assistance of prior counsel in Adnan Syed’s case, but not enough prejudice to justify a new trial: State v. Syed :: 2019 :: Maryland Court of Appeals Decisions Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!

Sep 22, 2025 • 57min
KATZ RULES EVERYTHING AROUND ME
OA1192 - This week in Still Good Law: Katz v. U.S., the 1967 Warren Court case which on its face decided that the Fourth Amendment may apply to a public phone booth. But that’s hardly all: the federal prosecution of nationally-famous bookie Charles Katz also completely changed the entire framework for how U.S. courts understand and interpret the law of searches and seizures and completely upended the concept of Fourth Amendment privacy as it had been understood up until that time. Matt provides the background on Katz and how this case made it to the Supreme Court, Jenessa considers the mental health benefits of being left alone by the government, and we talk through how important this vital holding might still be at a time when we have all given up so many of our privacy rights just by living in 2025. Katz v. U.S. (1967) Goldman v.US (1942) Silverman v. US (1967) Check out the OA Linktree for all the places to go and things to do!

11 snips
Sep 19, 2025 • 1h 3min
The Kirkstag Fire
The discussion dives into the controversial assassination of Turning Point USA's Charlie Kirk and the legal ramifications surrounding it. Is there a constitutional basis for labeling groups as 'domestic terrorists'? The hosts analyze state workarounds for COVID vaccine access amid federal restrictions. They also explore Trump's ongoing libel lawsuits against the media, paralleling them with a historical libel case from Theodore Roosevelt's era. The need for independent media becomes imperative in light of these developments.

19 snips
Sep 17, 2025 • 1h 3min
Charlie Kirk sucked and we won't be pretending otherwise
A deep dive into the shocking reactions following Charlie Kirk's murder reveals a mix of hypocrisy and outright praise for a controversial figure. The hosts dissect Kirk's rise in popularity, his debate tactics, and the dark money behind his success. They explore the worst and most pretentious responses, highlighting the media's failures to address his legacy of racism. The discussion sheds light on the broader political implications of his influence and the current state of public discourse. It's a critical examination of moral reckonings in the wake of tragedy.

10 snips
Sep 15, 2025 • 1h 6min
Miranda v. Arizona, and the Fascinating Science of False Confessions
Explore the landmark case of Miranda v. Arizona and how it shaped the rights of the accused. Delve into the psychology behind false confessions and the pressures that lead innocent people to admit guilt. Discover the life of Ernesto Miranda and the turbulent circumstances surrounding his arrest and trial. Learn about the fragile nature of memory and its implications in high-stakes interrogations. Understand why knowing your Fifth and Sixth Amendment rights is critical for safeguarding justice.

Sep 12, 2025 • 57min
It’s Still the Shadow Docket, Despite Kavanaugh’s Pathetic Rebrand Attempt
OA1189 - The Supreme Court’s next term may not start until October, but their infamous shadow--sorry, “interim”--docket is in rare form as they issue snap decisions on everything from exactly where one 14-year-old boy can pee to just how openly racist ICE gets to be. Matt and Jenessa review which major precedents the conservative majority is ignoring to enable Trump’s worst policies this week before getting on to some Epstein-related legal updates and a radical new development from the Board of Immigration Appeals with massive implications for Trump’s mass deportation plans. Finally, Matt drops a footnote to address one of our nation’s least pressing legal questions: is it really true that a wedding in Kentucky can be legally officiated by a dead bear once described as “filled to the brim with cocaine”? SCOTUS order in Trump v. Slaughter (9/8/2025) SCOTUS order (with Kavanaugh concurrence and Sotomayor dissent) in Noem v. Vasquez-Perdomo (9/8/25) Matter of Yajure Hurtado, 21 I&N 216 (BIA 2025) Kentucky Revised Statute 402.070 P.S. Matt messed up his audio and is very sorry about it!