Opening Arguments - OA 176: It’s Summer (Zervos) Time!

It's time for another Rapid Response Friday, which means we get to break down whether Donald Trump has to respond to the Summer Zervos defamation lawsuit.  (Hint:  yes) We begin, however,  with a potential Stormy Setback.  What's the deal with press reports of a $10 million judgment entered against Stormy Daniels' attorney, Michael Avenatti?  Could it jeopardize the pending litigation?  Listen and find out! After that, we break down the recent federal district court opinion in Knight First Amendment Institute v. Trump, which we covered when the case was first filed way back in Episode 77.  Are Donald Trump's Tweets really a "protected forum" to which the First Amendment applies?  Listen and find out! Then, we break down exactly how duplicitious Donald Trump's personal lawyer has been regarding the Summer Zervos lawsuit.  It's exactly as much as you'd expect! Finally, we end with an all new Thomas Takes The Bar Exam #77 regarding the constitutional requirement to a trial by jury.  If you'd like to play along with our new Patreon perk, just retweet our episode on Twitter or share it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances Andrew was just a guest on the Dumb All Over Podcast, episode 70.  Go check it out! Show Notes & Links
  1. We discussed Michael Avenatti's pro hac vice motion in Episode 174; you can also read the LA Times article about the bankruptcy judgment, as well as check out both the Avenatti involuntary bankruptcy petition and the Avenatti creditors list.
  2. We analyzed several cases, the most hilarious of which is Kohlmayer v. AMTRAK, 124 F.Supp.2d 877 (D.N.J. 2000).
  3. Trump's Tweets were first discussed in Episode 77, along with the Davison v. Loudon County decision.
  4. You should read the Knight First Amendment Institute v. Trump decision.
  5. This is the Supreme Court's decision in Clinton v. Jones, 520 U.S. 681 (1997), and if you want to read Marc Kasowitz's deliberately misleading statements yourself, you can do so here.
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! And email us at openarguments@gmail.com  

The Gist - Deal With Fake News Yourself, Facebook

On Thursday’s Gist, tips for avoiding fake news? Thanks but no thanks, Facebook.

There’s a new documentary out about the Steubenville, Ohio, rape case, and it got us thinking about the flaws in the public’s perception of that saga. Reporter Derek John explains how the dominant narrative of the case was warped by an amateur crime blogger and a protective football team, despite the efforts of local prosecutors. John and Anders Kelto reported the story for Gamebreaker[NP1], a podcast by Audible.

In the Spiel, the NFL’s fans are way more liberal than its team owners. So how’s the kneeling ban supposed to restore its ratings dip?

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Bay Curious - Are There Really More Dogs Than Children in S.F.?

It's a dog show! We answer how many dogs could fit on a Muni train ... and other pressing canine questions.


Reported by Lisa Pickoff-White and Ryan Levi. Bay Curious is made by Olivia Allen-Price, Jessica Placzek, Ryan Levi, Paul Lancour, Suzie Racho, Erika Kelly, Amanda Font, and Julia McEvoy. Holly Kernan is Vice President for News. Theme music by Pat Mesiti-Miller. Ask us a question at BayCurious.org. Follow Olivia Allen-Price on Twitter @oallenprice.

The NewsWorthy - Spygate, NFL New Policy & Tinder Places (+ Royal Wedding with Lauren Zima) – Thursday, May 24th, 2018

All the news you need to know for Thursday, May 24th, 2018! 

Today, we're talking about why President Trump has come up with the term 'Spygate," the NFL's new controversial policy about kneeling and a warning for parents about teething meds.

Plus: noteworthy new features from Bank of America, YouTube and Tinder.

All that and much more in less than 10 minutes!

Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you. 

 Then, hang out after the news for Three Question Thursday. This week, Entertainment Tonight host Lauren Zima is sharing what it was like to cover the Royal wedding from Windsor Castle and what the couple is up to next.

For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.

The Gist - Thanks for Protesting … Now Stop

On The Gist, the NFL can’t give a decent explanation for its kneeling ban.

Philip Roth’s novels about Jewish life earned him every accolade short of, famously, the Nobel Prize. Mark Oppenheimer, the host of the podcast on all things Jewish (Unorthodox), argues that Roth’s “radical candor” was sharply original before becoming a model to imitate. 

In the Spiel, there are a lot of “peripheral rogues” in Trump’s orbit (how about those “taxi king” headlines?), but their public reckonings don’t necessarily spell trouble for the president himself.

Learn more about your ad choices. Visit podcastchoices.com/adchoices

The NewsWorthy - Bank Rules, Women Making History & Brynn Cartelli – Wednesday, May 23rd, 2018

All the news to know for Wednesday, May 23rd, 2018!

Today, we're talking about lawmakers rolling back rules for banks, three women making history and lava reaching a power plant in Hawaii.

Plus: Tesla, facial recognition and the youngest person to win The Voice.

All that and much more in less than 10 minutes.

Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you. 

For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.