Shibboleths and Executive Orders

  
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Can Joe Biden heal the rampant degree of polarization that’s currently plaguing our nation’s politics? “There is an element on the left side of the aisle that is every bit as hostile to their fellow citizens as there are on the right edges,” David tells Sarah on today’s episode. “But the thing is, Biden won the primary by specifically shunning that part of the Democratic base.” After their post-Inauguration Day reflections on Biden’s swearing in ceremony and the state of polarization in America, our hosts chat about the NRA’s bankruptcy status and Biden’s flurry of first-day executive orders.

Show Notes:

-Divided We Fall: America's Secession Threat and How to Restore Our Nation by David French.

-Take our podcast survey

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Chicken Wars

  
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Who will preside over soon-to-be-former President Donald Trump’s impeachment trial after he leaves office? Will it be the Senate’s president pro tempore? The chief justice of the Supreme Court? None of the above? On today’s episode of Advisory Opinions, our hosts also dive into the nitty gritty details of Trump’s forthcoming—and second—impeachment trial before they discuss the latest updates in social media regulation, David’s take on the South’s honor culture, and Sarah’s review of the five best chicken sandwich chains in America.

Show Notes:

-“Free Speech and the Regulation of Social Media Content” by the Congressional Research Service.

-Red Lion Broadcasting Co. vs. FCC, Turner Broadcasting System, Inc. v. FCC, and Reno v. American Civil Liberties Union.

-“Where Does the South End and Christianity Begin?” by David French in The Dispatch.

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First Amendment Lamborghini

  
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This week, the Supreme Court heard oral arguments for Uzuegbunam v. Preczewski, a free speech case that will determine whether former Georgia Gwinnett College student Chike Uzuegbunam is entitled to nominal damages from an unconstitutional government policy when that policy has since been changed. “Arguably there is no more important constitutional law case that has come up before the court in the last several years from a philosophical standpoint,” Sarah says on today’s podcast. After our hosts discuss the legal mechanics of nominal damages and attorneys’ fees, they dive into Parler’s latest legal filings and the Constitution’s speech and debate clause.

Show Notes:

-Take our podcast survey

-Uzuegbunam v. Preczewski case and oral arguments.

-“A Eulogy for a Friend, a Lament for our Nation” by David French in The Dispatch.

-New York State Rifle & Pistol Association Inc. v. Corlett.

-“Are We the Baddies?” sketch.

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Incitement of Insurrection

  
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In a break from our current news cycle, Advisory Opinions tackles “the more mundane issue of teenage girls complaining” in a discussion about Mahanoy Area School District v. B.L, one of the Supreme Court’s latest cert grants addressing the issue of off-campus student speech. Not to worry, our hosts also dig into the more pressing issues of the day. In an examination of the term “incitement,” David and Sarah ask: Were the president or other individuals guilty—in a criminal sense—of provoking tangible violence at the Capitol last week? Do their words and actions meet the Brandenburg test, which criminalizes inflammatory speech that is both “directed to inciting or producing imminent lawless action,” and “likely to incite or produce such action”?

Show Notes:

-Mahanoy Area School District v. B.L

-Thomas More Law Center v. Becerra

-David’s French Press newsletter on Mahanoy Area School District v. B.L

-Amendment 14: Section Three

-1974 memo on presidential or legislative pardon of the president

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Known Unknowns

  
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During a press conference on Thursday, Speaker of the House Nancy Pelosi called for President Trump’s removal from office. “Yesterday, the president of the United States incited an armed insurrection against America,” Pelosi said, shortly before demanding the invocation of the 25th Amendment. On today’s podcast, our hosts talk about the possibility of impeaching President Trump, the legal machinations surrounding the 25th Amendment, and the social media crackdown against President Trump. Stick around for their thoughts on Merrick Garland as Biden’s attorney general pick.

Show Notes:

-Articles of impeachment prepared by Representatives Ted Lieu, David Cicilline, and Jamie Raskin.

-“Divided We Fall: America's Secession Threat and How to Restore Our Nation” by David French in The Dispatch.

See omnystudio.com/listener for privacy information.

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