Opening Arguments

Today's super-sized show -- at long last! --  discusses season 1 of the  Serial podcast.  Even if you haven't heard  Serial , we think you'll enjoy this application of the principles of reasonable doubt. We begin with a discussion of the recent settlement between Evergreen College and Bret Weinstein.  Why does Andrew say this means the college valued Weinstein's alleged $3.8 million lawsuit at zer...

In this episode, we discuss a number of political stories making the rounds. First, "Yodel Mountain" returns with a look at the recent CNN story showing that the FBI obtained a FISA court warrant for Paul Manafort.  Does this mean Trump's complaints about Obama "wiretapping" his campaign are true?  Listen and find out! In the main segment, Andrew walks us through the recent ruling dismissing out t...

Today's show discusses everyone's favorite non-issue:  whether bigots who bake cakes for a living can discriminate against gays. We begin with a lightning round of questions taken from the Opening Arguments Facebook Community , which you should definitely join! In the main segment, we break down  Masterpiece Cakeshop v. Colorado Civil Rights Commission, which is currently pending before the U.S. S...

Our jam-packed "breaking news" episode covers some of the biggest stories trending at the moment, including the Equifax breach. First, Closed Arguments returns by tackling a proposal from friend of the show Eli Bosnick, who asks -- in light of Trump's repeal of DACA -- whether we can't just marry off the 800,000 program participants.  We can't; listen and find out why. In the main segment, Andrew...

Today's show discusses the Trump budget, scientist Kevin Folta's defamation lawsuit, and the recent debt ceiling deal struck between Trump and Democrats. In the wake of hurricanes Harvey and Irma, the guys encourage you to donate to either (or both) the Red Cross and/or Habitat for Humanity 's hurricane relief efforts.  If you do, please post your receipt on Facebook for a chance to win an Opening...

This week's "breaking news" episode covers three of the biggest stories trending at the moment:  the Utah nurse who was arrested for standing up for her patient's rights; Trump's repeal of DACA; and churches suing for relief funds. In the wake of hurricanes Harvey and Irma, the guys encourage you to donate to either (or both) the Red Cross and/or Habitat for Humanity 's hurricane relief efforts. W...

Today's show discusses the free speech issues surrounding the Trump administration issuing a search warrant to DreamHost in connection with its hosting of a website critical of the Trump administration. We begin, however, with the triumphant return of "CLOSED ARGUMENTS" -- this time, examining a truly insane claim being made by Ron Paul supporters and other nutballs who think that the Washington M...

This week's "breaking news" episode covers two of the biggest Trump stories right now:  the ban on trans soldiers in the military, and the President's pardon of Sheriff Joe Arpaio. First, though, we begin with the seldom-necessary "Andrew Was Wrong" segment.  The less said about this, the better. In the main segment, Andrew walks us through President Trump's directive to the Departments of Defense...

Today's show is an hour-plus-long question & answer session answers some (but not all!) of the 110 questions our Patrons submitted on this thread .  As always, Andrew has no advance knowledge of these questions and answers everything off the cuff! After the Q&A, we end with the answer to Thomas Take the Bar Exam Question #38 regarding the admissibility of prior consistent statements.  And don't fo...

If you or anyone you know has ever cared what color the fringe on the U.S. flag is, you will not want to miss this episode.  Yes, by popular request, we once again tackle the wild and wacky world of sovereign citizen loons! First, though, the guys read a listener comment from Tony Wall who actually toured with KISS (!!) and can give us some insight as to Gene Simmons's copyright practices. In the...

Today's show deals with a number of issues that all surround what your employer can (and cannot) fire you for. First, we begin by revisiting the "Google manifesto" topic from Opening Arguments Episode #94 as Thomas and Andrew respond to some hate mail from a listener who no longer wants to listen to the show after that episode.  Does he have a point?  Listen and find out. Next, the guys break down...

Today's special episode devotes all three segments to the tragedy in Charlottesville, VA. First, the guys answer a question regarding the police declaration that the Unite the Right rally as an "unlawful gathering" right before the scheduled start time, illustrating the principles of time, place, and manner restrictions. During the main segment, Andrew breaks down the law of hate speech and also e...

Today's show is a companion to Episode 67 of Serious Inquiries Only regarding the Violent Crime Control and Law Enforcement Act of 1994 . We begin, however, with a question about progressivity and fines from listener Noah Lugeons. In the main segment, Andrew tells the story of how Michael Dukakis, Slayer, and race-baiting by Newt Gingrich led to the worst aspects of the omnibus crime bill. Next, t...

In today's episode, we interview Geoffrey Blackwell from the American Atheists Legal Center . First, the guys break down the recent lawsuit filed by two LGBTQ advocacy organizations challenging President Trump's tweets regarding transgender service in the military. During the main segment, we ask Geoff what the AALC does, what kinds of cases are on his plate, and whether  Trinity Lutheran v. Comer...

Today's show is a deep dive into the current Constitutional status of affirmative action in higher education. We begin, however, with a question about Donald Trump from conservative listener Sage Scott.  Is it really a big deal to just listen to the Russians?  Couldn't you just pay them if their stuff turns out to be useful?  No.  The answer is no. In the main segment, the guys outline the current...

In today's episode, Andrew reluctantly -- but definitively -- opines that the Second Circuit got the law right in dismissing out the claims of Davino Watson, who argued that he was falsely imprisoned by the U.S. government for 3 1/2 years. In the pre-show segment, Andrew briefly introduces new FBI Director Christopher Wray as a good nominee by Donald Trump. After that, the guys tackle a follow-up...

For today's show, we revisit the topic first discussed in Opening Arguments Episode #60 , namely, whether Title VII of the Civil Rights Act of 1964's prohibition of discrimination on the basis of "sex" implicitly extends to prohibiting discrimination on the basis of "sexual orientation" as well. First, however, fan favorite "Breakin' Down the Law" returns with an explanation of civil and criminal...

In today's episode, Andrew definitively opines that the Presidential pardon power includes the right to self-pardon. We begin, however, with "Andrew Was Wrong."  This time, he was wrong about Thor Heyerdahl, but right about the fate of Ken Ham's Ark Encounter. In our main segment, the guys analyze the recent claims by Laurence Tribe, Richard Painter, and Norm Eisen that Donald Trump does not  have...

Today's show features an in-depth interview with Kirstin Beswick and Ben Knight of NorthPod Law UK, often referred to (by us) as the "Opening Arguments of England."  Join all four of us as we discuss media, politics, Brexit, and maybe -- just maybe -- reasons for optimism about the future of politics. Due to the length of the interview, we don't have any other segments, but we do end, as always, w...

In today's episode, we discuss a recent court case involving an individual's expectation of privacy while browsing the Internet. We begin, however, with the question so many of our listeners wanted to know:  Is it legal for Ken Ham to sell his Ark Encounter theme park to his own non-profit ministry in a presumed effort to evade taxes? In our main segment, the guys break down a recent court case in...

For today's show, we take a deep dive into the law of contracts, featuring the "parol evidence" rule. First, however, we answer a question from special listener Lydia S. who wants to know all about Blac Chyna, Rob Kardashian, and "revenge porn."  YOU asked for it! In the main segment, Andrew and Thomas discuss what you can and can't do to dispute a written contract. Next, Garry Myers asks us about...

In today's episode, we discuss the recent controversy over Donald Trump, Jr.'s contact with Russian officials during the 2016 election. We begin, however, with a follow-up from Dave (and others) who asked us about doxxing. In our main segment, the guys break the law of conspiracy to discuss whether Donald Trump Jr.'s conduct is potentially criminal.  (Spoiler:  Yes.) Next, fan favorite segment "Ar...

For today's show, we dive deeper into the Supreme Court's recent decision in Trinity Lutheran v. Comer with guest lawyer Andrew Seidel from the Freedom From Religion Foundation . First, however, we answer a question from Patron Christopher Arguin regarding cross-examination that was inspired by TTTBE #30. In the main segment, Andrew and Andrew continue to discuss church-state separation and the Fi...

In today's episode, we discuss the recent controversy over CNN's handling of a Redditor who posted a Trump meme online.  Is this really "blackmail" by CNN? We begin, however, with a follow-up from Patron Joerg regarding UK laws on personal jurisdiction/long-arm and defamation.  Could Maajid Nawaz (whose potential lawsuit we discussed in Episode #83) really file against the SPLC in the UK after all...

In this special holiday episode, Andrew and Thomas talk about fireworks law across the U.S.  Where can you go for a cherry-bombin' good time?  Listen and find out! First, however, we take a look at Maajid Nawaz's threatened lawsuit against the SPLC.  In the main segment, Andrew and Thomas figure out the best place to set off bottle rockets.  And after that, Andrew tackles another question from the...