//  4/27/17  //  Commentary

This week on Versus Trump, the Take Care podcast, we start off with discussion of a lawsuit against Donald Trump (and others) for allegedly inciting violence at a campaign rally in Kentucky [1:30-28:00]. We debate whether the First Amendment protects what Trump said, and we talk about what might happen with the case going forward. (Amanda Shanor discussed the case on Take Care here.) Listen at the Versus Trump podcast page hereand subscribe here with any podcast player or here in iTunes.

Next, Easha talks about the concept of unconstitutional animus with Professor Richard Primus of the University of Michigan Law School [28:12-56:25]. Easha and Richard discuss what animus is, the source of the constitutional prohibition against it, and what that prohibition means for the litigation against President Trump’s Muslim travel ban. (You can find his writing on the subject here.)  

We close with a quick segment that we’re tentatively calling “Trump Nuggets” [56:30-end]. Suggestions for a better name are welcome.

You can find Versus Trump at www.takecareblog.com/podcast or on Twitter @VersusTrumpPod. Tweet at us or send us an email at versustrumppodcast@gmail.com.

Here are links to some of the other things we talked about this week:

  • The Complaint in the Kentucky protester case against President Trump is here, and the court's recent ruling denying a motion to dismiss is here.
  • Brandenberg v. Ohio, which establishes the test for un-protected incitement, is here.
  • Youngdahl v. Rainfair, a labor-picketing case referencing the prior history of violence in similar circumstances, is available here.
  • A dissent by Justice Thomas in Virginia v. Black, a case about cross burning, is available here.
  • The New York Times covered what it's like to attend a Trump rally, and quoted from the pre-rally safety video.
  • Here’s a Mashable compilation of violent rhetoric Trump has used at his rallies.
  • The Southern Poverty Law Center called Matthew Heimbach “the new face of white nationalism.”
  • A roundup of all the measures state legislators are taking to criminalize protest, including a measure in Arizona to expand racketeering laws to cover organizers of protest events.
  • Neil Kinkopf’s Take Care article explaining why Trump’s lawyers can be sanctioned for claiming that Trump is immune from suit is available here.
  • Easha’s Trump Nugget was about Judge Davis’ concurrence in the GG litigation, and it's available here.
  • Politico's report that Trump is interviewing judges in their late 30s is available here.

 


Versus Trump: Is The State Department Discriminating Against Same-Sex Marriages?

2/28/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss a decision from a federal court in Los Angeles ordering the Trump Administration to grant citizenship to both children of a same-sex couple born abroad to one U.S. parent. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Versus Trump: Stop The Wall!

2/21/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss the early lawsuits that seek to stop the new sections of border wall that President Trump authorized through executive action. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Laws Aimed at Silencing Political Boycotts of Israel Are Categorically Different Than Public Accommodations Laws

2/21/19  //  Commentary

Some argue that both anti-BDS and public accommodations laws protect against discrimination, and so the First Amendment should treat them the same. But the laws are nothing alike.

Amanda Shanor

The Wharton School