//  6/7/18  //  Commentary

On this week's episode of Versus Trump, Easha and Jason preview their live show at the ACS National Convention and then discuss the recent decision concluding that President Trump violated the First Amendment when he blocked seven Twitter users from responding to his tweets. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

They start the episode by previewing their live episode, which will take place on Saturday, June 9, at the ACS Convention in Washington, DC. With special guests Maryland Attorney General Brian Frosh and Stanford Law Professor and former Obama Administration Deputy Assistant Attorney General Pam Karlan, Jason, Easha, and Charlie will discuss the topic of "fairweather federalism." In today's episode, Jason and Easha each share some possible questions for the guests, but you can also email us your questions for them to versustrumppodcast@gmail.com. You can find out more information and register for the Convention here.

Next, Easha and Jason turn to the merits of the recent decision in Knight First Amendment Institute v. Trump, in which a federal judge held that President Trump could not block Twitter users from responding to comment threads about his tweets. They discuss the two main hurdles the plaintiffs had to clear: 1) was the comment thread a public forum? and 2) is blocking someone from @realdonaldtrump an "official action"? They each agree with the district court's conclusion that the hurdles were successfully cleared.

They end the episode by updating several more cases and issuing a correction in response to listener feedback.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com You can buy t-shirts and other goods with our super-cool logo here

Notes

  • You can find out more information and register here for the ACS National Convention. Join us on Saturday, June 9!
  • The decision in the Twitter case is here.
  • At the Volokh Conspiracy, Eugene Volokh had a very helpful recap and analysis here.
  • At National Review's Bench Memos, Greg Dolin criticized the decision. The third-part of his series is here, and that post links to his first two parts.

Versus Trump: Legal Challenges, Plus The Post Office Case

11/8/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the (frivolous) legal challenges to come. They are then joined by Public Citizen's Matthew Seligman to learn what happened with all those last-minute ballots, and what might happen in ongoing litigation in the Supreme Court.

Charlie Gerstein

Civil Rights Corps

It's Over. What's Next? Just Recounts, Shenanigans, and Hail Marys

11/6/20  //  Commentary

I catalog the legal attacks to come from the Trump team. None of his strategies have any chance of changing the outcome.

Legal Scholars on the Importance of Counting Every Vote

11/6/20  //  Commentary

We have every confidence in state election officials to finish counting all of our votes as best they know how—and we encourage all of our fellow citizens to wait until they have done so before jumping to conclusions.

Take Care