Versus Trump: Going to Church In Times of COVID
On this week's Versus Trump, Charlie and Jason discuss the recent Supreme Court decisions requiring states to allow in-person religious services even while other gatherings can be banned. The pair gently disagree about how hard or easy these cases are. Listen now!
Versus Trump: On Flynn, Bolton, and Mary Trump
On this week’s Versus Trump, Jason and Charlie discuss the D.C. Circuit's extraordinary intervention in the Michael Flynn case, and then move on to two lawsuits seeking to block publication of books: John Bolton's and Mary Trump's. Listen now!
Versus Trump: Trump vs. The Mainstream Media
On this week’s Versus Trump, Jason and Charlie discuss cases by the Trump campaign against the New York Times, CNN, and the Washington Post accusing each of these media organizations with defamation (sometimes also called libel). They have a bit of a laugh in explaining why the suits are frivolous, discuss whether the complaints are sanctionable, and debate whether the cases will have a major intimidating effect. Listen now!
Updates | The Week of December 18, 2017
12/24/17 // Daily Update
A federal district court in Michigan has upheld a right to display signs depicting aborted fetuses. Environmental Protection Agency employees who publicly criticized the Trump administration had their e-mails scrutinized by a Republican campaign research group.
Updates | The Week of October 30, 2017
10/29/17 // Daily Update
The Sixth Circuit granted President Trump's appeal of a denial of a motion to dismiss a complaint alleging that he incited violence at a rally in Kentucky, and new federal legislation includes protections for whistleblowers.
Neo-Nazis, Wedding Cakes, and Compelled Speech
Here I explore the interests asserted by GoDaddy and Google in denying service to neo-Nazis and their ilk. I then consider implications of my analysis for the pending Supreme Court case of Masterpiece Cake Shop v. Colorado Civil Rights Comm'n.
Versus Trump: Can Courts Tell Trump To Stop Violating The First Amendment?
On this week's episode of Versus Trump, Jason and Charlie talk about a new lawsuit by a group of journalists (filed by the legal group Protect Democracy) that hopes to stop President Trump from threatening adverse government action against those who criticize him. Plus, a Wilbur Ross update and a constitutional trivia question. Listen now!
State Action Doctrine Under An Autocrat
President Trump’s autocratic, anti-speech tendencies are blurring one of the key boundaries in existing First Amendment law, which draws a line between government suppression of speech and private suppression of speech.
Versus Trump: 2017 Scorecard
On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!
The Bully and the Press
By Sonja West: In response to Trump's attacks, we should embrace the unique constitutional status of journalists and mount defenses based on the First Amendment Press Clause.
Inside the Doomed Union Refund Lawsuits, Part II
Shortly after I posted my initial take on the headline-grabbing set of class action lawsuits seeking millions of dollars in refunds from public sector unions after Janus, two interesting things happened.
Versus Trump: Manafort Sues, and Trump Threatens
On a new episode of Versus Trump, Jason, Easha, and Charlie tackle an unexpected new lawsuit against the Trump Administration by, of all people, Paul Manafort. And they discuss the President's threats to sue the publisher of Fire and Fury for defamation. Listen now!
Versus Trump: Waking Dream(host)
On this week’s episode of Versus Trump, we talk about web-hosting company Dreamhost's refusal to cooperate fully with the Trump Administration's broad request for information about the visitors to DisruptJ20.org, a website allegedly used by those involved in an Inauguration Day riot. Listen now!
Versus Trump: [This Episode Blocked]
On this week’s episode of Versus Trump, Easha, Jason, and Charlie dive into the merits of a lawsuit brought by Twitter users who have been blocked by @realDonaldTrump. They claim the President's blocking violates the First Amendment. Listen now!
Jason Harrow is Wrong About the First Amendment
Freedom of speech is great. Nobody denies it. But the lawsuit against Trump for inciting violence at a campaign rally is legally meritorious, at least at the motion to dismiss stage. And the notion that finding liability against Trump here would imperil protests for all Americans just doesn't hold water.
Free Speech Solidarity
Collective action has proven an effective response to the President’s attempted interference with the employment of Jemele Hill and NFL players.
Versus Trump: The Past And Future Of Gerrymandering
This week on Versus Trump, Jason and Easha are joined by guest host Melissa Murray of NYU Law and the new Strict Scrutiny podcast. They discuss the recent Supreme Court decision on gerrymandering (Rucho v. Common Cause), what's next in the fight, and where you can find Melissa's wonderful new podcast. Listen now!
Versus Trump: The Power's Out. Literally.
On this week's episode of Versus Trump, Jason gives a quick update on a case we're watching and then signs off, because, well, in the middle of recording this week's episode, Charlie's power went out. But we'll be back next week with a full show.
Versus Trump: Updates, Y'all!
You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!
Trump & Libel
A particularly brazen part of Trump’s attack on the press has been his assertion—both as a candidate and as President—that he will change the libel laws to make it easier to sue the media for unfavorable coverage. That won't work, for many reasons. But Trump’s outrageous threats are brilliantly successful in other ways, no matter how unlikely they are to formally succeed.
When Free Speech Suits the President
A federal judge has refused to dismiss a suit alleging that President Trump incited violence against protesters at one of his campaign rallies last year. The bitter irony to Trump's defense is that it seeks to expand free speech rules; usually, he prefers to trash them.
Versus Trump: A Two-Level Versus Trump Case
On this week's episode of Versus Trump, Jason and Charlie talk about a case that fits our podcast on two levels: it's a lawsuit against the Trump Administration about grand jury secrecy, and any decision could impact the Mueller investigation, which is the biggest Versus Trump case of them all. Listen now!
In a civil suit against Trump for inciting violence at a campaign rally, Trump's lawyer argues that Trump is immune from suit as President of the United States (citing Clinton v. Jones). His argument is not simply wrong. It is sanctionable.
Versus Trump: ACS Live Show Preview + Twitter Case Update
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. Listen now!
Versus Trump: #MeToo vs. Trump
On this week’s episode of Versus Trump, Charlie, Jason, and Easha talk about a defamation lawsuit brought by Summer Zervos, a woman who alleges that she was sexually assaulted by President Trump in a hotel room in 2007. Listen now!
Versus Trump: Movin' Right Along
On a new episode of Versus Trump, Jason and Charlie revisit two lawsuits in which the Plaintiffs have recently successfully fought off motions to dismiss and been allowed to proceed. And in a new installment of "Sanctions Corner with Uncle Charlie," Charlie answers questions about the FBI raid on the office of Trump lawyer Michael Cohen. Listen now!
Where are the Facts?
At oral argument in Janus v. AFSCME, Council 31, an important case about public sector unions, there were a lot of empirical questions—but not a lot of answers.
Updates | The Week of April 10, 2017
4/16/17 // Daily Update
This week, Twitter sued to oppose a demand for the identity of a user critical of the Trump Administration by the Customs and Border Patrol. Erik Wemple writes that President Trump has undermined public trust in the media.
Updates | The Week of April 3, 2017
4/9/17 // Daily Update
Take Care saw analysis of President Trump's free speech argument in the civil case alleging that he incited violence against protestors by Amanda Shanor, as well as an argument for an active "democracy agenda" by Daniel Tokaji.
Updates | The Week of May 1, 2017
5/7/17 // Daily Update
Reince Priebus wants to limit American speech against the government, which is probably unconstitutional. President Trump will find no shelter from suit in Clinton v. Jones precedent.
Updates | The Week of July 10, 2017
7/16/17 // Daily Update
Twitter users blocked by President Trump sued him and other White House aides claiming the Twitter feed is a public forum. The President's personal lawyer argued that Trump's statements on the campaign trail should be held to a different defamation standard.
Updates | The Week of October 16
10/21/17 // Daily Update
President Trump is actively stoking culture wars in the United States. President Trump's threats to punish NFL players who kneel may strengthen a free speech argument that works in favor of the players' rights.