Month: May 2020

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Opening Arguments - OA390: Trump’s War on Twitter (A Deep Dive on Section 230)

Today's episode breaks down the latest temper tantrum and accompanying executive order by our game show host president attacking social media platforms for having the temerity to engage in fact-checking. You're going to be hearing a lot about "Section 230" -- so we're here to tell you exactly what that means, what Trump is trying to do, and why it matters.

We begin, however, with a pretty straightforward Andrew Was Right now that Tulsi Gabbard has voluntarily dismissed her defamation lawsuit against Hillary Clinton that we covered back in Episode 354 ("A Russian Asset Sues What?").

Then it's time for our deep dive into CompuServe, Prodigy, section 230 of the Telecommunications Decency Act of 1996, 47 U.S.C. § 230 -- which ended internet porn forever -- and what all of that has to do with Trump's latest tantrum over being fact-checked on Twitter. You won't want to miss it!

After that, it's time for an update on the amicus brief we're filing in the Flynn case. We tell you what Flynn's best case is, and walk through how it does and does not inform Judge Sullivan's discretion under Rule 48(a).

And then, of course, we end with an all-new Thomas Takes the Bar Exam involving a fire at one warehouse spreading to another. If you want to play along, just share out this episode on social media using the hashtag #T3BE and we might pick you as next week's winner!

Patreon Bonuses

We've got an all-new Live Q&A scheduled for Sunday, May 31 at 7 pm Eastern / 4 pm Pacific, and Patrons can click here to suggest questions and vote on the ones they want answered. Also remember that Patrons can give their input on the OA Amicus Brief!

Appearances

Andrew was just a guest on the latest episode of The Daily Beans. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Tulsi links: (a) click here for the news that Tulsi Gabbard has voluntarily dismissed her lawsuit; (b) here to read the original defamation lawsuit against Hillary Clinton; (c) the
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The Gist - Looking Past the Looting

On the Gist, assholes.

In the interview, Mike talks with author Dave Eggers about his book, The Parade. He and Mike discuss pavement, the writing process, and the terseness of Bruce Springsteen.

In the spiel, the death of George Floyd and the Minneapolis protest.

Email us at thegist@slate.com

Podcast production by Daniel Schroeder and Margaret Kelley.

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Consider This from NPR - Why Are Some Countries Doing Better Than Others?

A new study suggests the coronavirus is both more common and less deadly than it first appeared, NPR's Jon Hamilton reports.

From NPR's Joel Rose: a shortage of machines to process tests is the latest bottleneck in the pandemic supply chain.

Certain countries like New Zealand, Germany and several nations in Asia have been successful in controlling the coronvavirus. NPR's Jason Beaubien reports on how leadership played a strong role.

Mara Gay is 33-years-old, lives in New York City and got sick with COVID-19 in April. She spoke with NPR's Michel Martin about her long recovery process, despite being young and healthy.

Plus, two teenagers who were looking forward to competing in the Scripps National Spelling Bee, which was cancelled this week.

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Science In Action - Brazil’s Covid chaos

The number of cases of Covid -19 infections in Brazil and deaths related to the pandemic may be much higher than official figures show. Testing of the living is not widespread and there are few resources for analysing the potential role of the virus as a cause of death. Virologist Fernando Spiliki gives us his bleak assessment.

A remarkable study from South Africa shows just how easily the virus can spread around a hospital, with a single infected person infecting many. However the route of infection is not necessarily direct person to person transmission says investigator Richard Lessells from the University of KwaZulu Natal. And from London a study in a hospital with many Covid patients at the height of the pandemic supports the South African findings; Researchers found viral particles on surfaces and in the air says Professor Wendy Barclay from Imperial College.

An early warning system for outbreaks of the virus or second waves may come from analysis of sewage, Jordan Peccia from Yale University analysed waste from his local sewage treatment works and found peaks in concentrations of the virus in the sludge occurred a few days before increases in hospital admissions.

(Image: Supporters of Brazilian President Jair Bolsonaro wear face masks as they demonstrate against quarantine and social distancing measures imposed by governors and mayors to combat the new coronavirus outbreak and demand military intervention. Credit: SERGIO LIMA/AFP via Getty Images)

Presenter: Roland Pease Producer: Julian Siddle

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SCOTUScast - Atlantic Richfield Co. v. Christian – Post-Decision SCOTUScast

On April 20, 2020, the Supreme Court, by a vote of 7-2, held that owners of polluted land within designated Superfund sites are “potentially responsible parties” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Dozens of Montana landowners sued Atlantic Richfield for trespass and nuisance over its dumping of tons of heavy metals, arsenic, and lead on their properties—pollution which led EPA to designate a 300 square mile area as a Superfund site. In addition to compensation, the landowners sought remediation damages to pay for a cleanup beyond that previously ordered by EPA. Chief Justice John Roberts, writing for the majority, concluded that the landowners’ case cannot proceed until they first obtain EPA approval for their cleanup plan. That narrow holding sidestepped the thornier issue, whether CERCLA preempts the landowners’ state common law claims. Justices Gorsuch and Thomas dissented, arguing that the majority’s interpretation is inconsistent with the statute’s text, undermines federalism and property rights, and tees up difficult constitutional questions.
To discuss the case, we have Jonathan Wood, Senior Attorney at the Pacific Legal Foundation.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
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Bay Curious - The Little Known History of Japanese Internment on Angel Island

Visitors to Angel Island often learn about how the island was once an immigration processing and detention center where Chinese immigrants were made to wait for weeks or months in sordid conditions. Recently, a Bay Curious listener mused about another dark part of the island’s past: “I wonder about Angel Island and the history of Japanese internment camps.” Turns out the island served a specific role during World War II.

Additional Resources:


Reported by Cecilia Lei. Special thanks to Mina Kim, Yo Ann Martinez and Carly Severn. Bay Curious is made by Olivia Allen-Price, Katrina Schwartz, Asal Ehsanipour and Rob Speight. Additional support from Erika Aguilar, Jessica Placzek, Kyana Moghadam, Paul Lancour, Suzie Racho, Carly Severn, Bianca Hernandez, Ethan Lindsey, Vinnee Tong and Don Clyde.