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).

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OA197: Undetectable, Untraceable, 3-D Printed Guns

Today’s Rapid Response Friday breaks down all of the legal wrangling regarding the Trump Administration’s secret settlement with a self-described “crypto-anarchist” who uploaded material that allows anyone with access to a 3-D printer to make their own plastic, undetectable, untraceable firearm.

We begin, however, with a  listener who’s considering coming over to the “dark side” and wants an honest answer about getting electoral help from overseas.  What if the Irish want to help elect Liz Warren in 2020?  Listen and find out!

The main segment breaks down the “Defense Distributed” settlement and subsequent litigation — and along the way you’ll learn about Cold War arms sales, the Export Control Act, F-15s, Richard Nixon, and… well, let’s just say there’s a lot on the table!

Finally, we end with an all new Thomas Takes The Bar Exam #87 regarding a state supreme court ruling over whether witnesses must face their accusers.  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 most recently discussed election law and the relevant statute, 52 U.S.C. § 30121, back in Episode 116 with Beth Kingsley.
  2. The seminal Foreign Affairs (1982) article referenced by Andrew is here; and you can also verify the current arms sales numbers from this report in Newsweek.
  3. This is the confidential Trump administration’s settlement with Defense Distributed; here is the Complaint filed by 8 states, along with the opposition brief filed by Wilson as well as the one filed by the Government.  Ultimately, the Court granted the TRO.
  4. You can read the Arms Export Control Act, 22 U.S.C. § 2751 et seq., and the implementing regulations at 22 C.F.R. § 125.4(b).
  5. The Pentagon Papers case is more formally known as New York Times Co. v. U.S., 403 U.S. 713 (1971).
  6. Here’s a Harvard Law Review article summarizing Wilson’s loss at the 5th Circuit.
  7. Finally, check out the author note for (but please do not buy!) the Anarchist Cookbook, for sale on Amazon.

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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