Tag: Free Flow of Information Act of 2017

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OA201: Follow Up Friday!

Today’s Rapid Response Friday is actually a Follow Up Friday!  We revisit four stories from recent episodes and go into more depth on each one, particularly in light of recent developments.

We begin with our most recent story regarding reporter’s privilege in Episode 200.  What’s the other side of the argument?  Find out why friend of the show Randall Eliason thinks that reporter’s ought not to have the right to keep their sources confidential!

After that, we move back one more episode to Episode 199 and tackle some important listener questions about asbestos.  Along the way, we discuss the difference between strict liability and negligence and delve into theories of market share liability.

Our main segment covers the unsurprising fact that Masterpiece Cakeshop is back in the news.  What does this mean?  How has the Supreme Court’s decision changed the landscape for religious exemptions to laws?  Listen and find out!

After that, we go back to Yodel Mountain and check in with the conclusion of the Manafort trial.  Phew!

And if all that wasn’t enough, we end with an all new Thomas (and Yvette) Take The Bar Exam #89 involving the appropriate damages for breach of contract. If you’d like to play along, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Recent Appearances

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

Show Notes & Links

  1. We discussed reporter’s privilege in Episode 200; for the other side, check out this 2007 article by Randall Eliason on the BALCO scandal or this law review article in the American University Law Review.
  2. Of course, we discussed asbestos in Episode 199, but we first broke down the law of negligence way back in Episode 29.  We cite to the Restatement (Second) of Torts § 520 and Sindell v. Abbott Labs, 607 P.2d 924 (1980).
  3. Click here to read the new Masterpiece Cakeshop complaint.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com


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OA200: Reporters and Confidential Sources

Today’s episode takes an in-depth look at the legal protections reporters have (and don’t have) to keep their sources confidential.

We begin, however, with an update on how “Elections Have Consequences,” this time, looking at the state of the House of Representatives in light of last week’s special election in OH-12.

After that, we dive deeply into reporter privilege, beginning with a discussion of the Supreme Court’s decision in Branzburg v. Hayes and continuing through to the recently-proposed Free Flow of Information Act of 2017.

Next, the guys break down the Electronic Frontier Foundation’s take on the 3-D guns.  Do Andrew and Thomas change their minds?  Listen and find out!

Finally, we end the answer to Thomas Takes The Bar Exam #88 about waiver and/or modification of contract.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Andrew was recently a guest on The Thinking Atheist podcast with Seth Andrews.  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Some political links:  click here to read The Hill‘s report on Trump claiming that he was “5-for-5,” and here to check out the Cook Political Report‘s revisions to House races in light of the Balderson-O’Connor race in OH-12,
  2. Click here to read the Supreme Court’s decision in Branzburg v. Hayes, 408 U.S. 665 (1972), and here to read the recently-proposed Free Flow of Information Act of 2017.
  3. We discussed 3-D guns in Episode 197, and you can read the EFF’s take here.  The EFF’s primary case is Herceg v. Hustler Magazine, 814 F.2d 1017 (5th Cir. 1987).

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com


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