OA390: Trump’s War on Twitter (A Deep Dive on Section 230)

Today’s episode breaks down the latest temper tantrum and accompanying executive order by our game show host president attacking social media platforms for having the temerity to engage in fact-checking. You’re going to be hearing a lot about “Section 230” — so we’re here to tell you exactly what that means, what Trump is trying to do, and why it matters.

We begin, however, with a pretty straightforward Andrew Was Right now that Tulsi Gabbard has voluntarily dismissed her defamation lawsuit against Hillary Clinton that we covered back in Episode 354 (“A Russian Asset Sues What?”).

Then it’s time for our deep dive into CompuServe, Prodigy, section 230 of the Telecommunications Decency Act of 1996, 47 U.S.C. § 230 — which ended internet porn forever — and what all of that has to do with Trump’s latest tantrum over being fact-checked on Twitter. You won’t want to miss it!

After that, it’s time for an update on the amicus brief we’re filing in the Flynn case. We tell you what Flynn’s best case is, and walk through how it does and does not inform Judge Sullivan’s discretion under Rule 48(a).

And then, of course, we end with an all-new Thomas Takes the Bar Exam involving a fire at one warehouse spreading to another. If you want to play along, just share out this episode on social media using the hashtag #T3BE and we might pick you as next week’s winner!

Patreon Bonuses

We’ve got an all-new Live Q&A scheduled for Sunday, May 31 at 7 pm Eastern / 4 pm Pacific, and Patrons can click here to suggest questions and vote on the ones they want answered. Also remember that Patrons can give their input on the OA Amicus Brief!

Appearances

Andrew was just a guest on the latest episode of The Daily Beans. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Tulsi links: (a) click here for the news that Tulsi Gabbard has voluntarily dismissed her lawsuit; (b) here to read the original defamation lawsuit against Hillary Clinton; (c) the Time magazine story on how strong a case Tulsi Gabbard had; and (d) be sure to listen to our coverage of this from Episode 354 (“A Russian Asset Sues What?”).
  2. Trump links: (a) click here for the fact-check on Trump; (b) here is the text of 47 U.S.C. § 230; (c) for the draft of the Executive Order, check out Page 1, Page 2, Page 3, Page 4, Page 5, and Page 6.
  3. OA brief: Click here to read U.S. v Fokker Svcs. BV, 818 F.3d 733 (D.C. Cir. 2016).

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA388: Reinstating the Rule of Law

Today’s episode checks in on all the latest goings-on in the Trump administration that probably don’t violate the law but do undermine the norms of 200+ years of government, from firing Inspectors General that are potentially interested in government accountability to the DOJ’s refusal to turn over the unredacted Mueller Report to the House Judiciary Committee to the collusion between Bob Barr and Michael Flynn. You won’t want to miss it.

We begin with some pre-show news about Cory Wilson, the latest completely insane, hyper-partisan (and 49-year-old) Trump nominee for the U.S. Court of Appeals.

From there, we take a deep dive into the Inspector General Act of 1978, 5a U.S.C. § 3, and the legal protections for IGs (or lack thereof).

After that, it’s time to check in on the latest order by the Supreme Court staying the production of the unredacted Mueller Report to the House Judiciary Committee. We explain exactly what that means and when, if ever, you should start panicking.

Then, it’s time for an update on the Flynn case where we’re filing The Opening Arguments Amicus Brief! Also, we check in on a truly terrible Sidney Powell filing seeking mandamus from the D.C. Circuit.

After all that, it’s time for a brand-new #T3BE about a man, his yacht, and insurance fraud — in which Thomas tries to figure out if the issue is privilege, hearsay, or something else entirely.

Patreon Bonuses

Patrons can give their input on the OA Amicus Brief! And if you missed our live Q&A, you can check out the audio here!

Appearances

Andrew was just a guest on the latest episode of the Daily Beans podcast! And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Cory Wilson was rated a tepid “Qualified” by the ABA his first-go-round; that got upgraded to “mostly Well-Qualified” when he was renominated.
  2. Check out the Inspector General Act of 1978, 5a U.S.C. § 3.
  3. This is the Supreme Court order staying the production of the unredacted Mueller Report. Here’s the petition for mandamus, and the opposition by the House of Representatives.
  4. We last covered the Flynn case in Episode 386. Click here to read the 4th Circuit’s mandamus opinion in In re Flynn. And click here to check out the late-breaking order from the 4th Circuit requiring additional briefing from Judge Sullivan.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA386: The Opening Arguments Amicus Brief!

Today’s episode marks a milestone for the show: we’re going to file an amicus curiae brief in the Michael Flynn case. Find out exactly how & why we’re doing this!

We begin, however, with a brief update in the various emoluments cases, including an update on the two orders released this morning by the 4th Circuit en banc.

After that it’s time to dig into all the developments in the Flynn litigation that will lead to the filing of Opening Arguments’ first amicus brief!

Then, it’s time for #T3BE, featuring next week’s guest, Andrew Seidel!

Patreon Bonuses

If you missed our live Q&A, you can check out the audio here!

Appearances

None! If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. The last time we broke down the emoluments clause cases was in Episode 361. You can check out the two orders released this morning by the 4th Circuit en banc (the first one is the lengthy discussion).
  2. Flynn docs: the DOJ’s Motion to Dismiss; the Notice of Intent to file amicus by the Watergate Prosecutors, as well as the 9th Circuit’s Opinion in U.S. v. Hector.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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