How Do You Square a Circle?

The president has a new social media executive order. What happens if Trump loses in ...

May 28, 2020

The president has a new social media executive order. What happens if Trump loses in November, but doesn’t want to leave? Qualified immunity and the Fourth Amendment in the context of the death of George Floyd in Minneapolis. House of Representatives allows proxy voting for the first time this week. And a Central Park video sparks a national conversation. David and Sarah have thoughts.

Show Notes:

–David’s piece The Growing Threat to Free Speech Online

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Jonathan Nebel 3 years ago

I wonder if the proxy voting case will depend upon a textualist v originalist interpretation. The originalist might tend to find proxy voting unconstitutional. The textualist might not, since there is nothing directly in the text that mandates it.

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Nathan 3 years ago

I started listening to the latest episode of Ted Cruz's podcast on the subject of social media "censorship", and I just couldn't take it. What happened to him? I thought he had principles to stand on. I know he's not stupid. I'm so glad I have resources like this podcast to explain the legal stuff without a bunch of bloviating.

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Kevin Atkinson 3 years ago

I love listening to this podcast, with no legal background I apricate how you both are very knowledgeable about the law, and make it easy to understand the legal news.

Your discussion regarding section 230 reminded me a lot of stuff I have read/listened to from Mike Masnick with Tech Dirt (https://www.techdirt.com/). I don't know if it is possible, but I think it would be very interesting to listen to a conversation between you three.

Keep up the great work, and I will keep supporting in any way I can.

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Dave IL 3 years ago

Thank you for the comments about Trump not leaving office. It's good that you mentioned the Secret Service and law enforcement, but the people who worry about Trump not leaving the White House probably worry specifically about the military. I'm not a lawyer or veteran, but it seems like slander to suggest that our military leaders would forget their oath. It's my understanding that the oath for a US military officer does NOT include loyalty to the President specifically to guard against a situation in which The President, or former President, acts in flagrant violation of The Constitution.

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Jake 3 years ago

So because other people, proven to be criminals, have attempted to flee by using the “I can’t breathe” ploy, every presumed-innocent person thereafter has to be treated like chattel and the law is OK with that?

Also, Mr. Floyd doesn’t need to have died of suffocation directly. If blood couldn’t flow *out* of his head because a knee was blocking his artery, that itself will cause massive trauma to the brain. Or he could’ve died of cardiac arrest that was induced by the massive fear and stress of a full grown man kneeling on his neck.

If police can’t send a dog after someone lying on the ground, then why can they kneel on their neck?

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Jake 3 years ago

I just can’t understand the brutality. It’s so disheartening.

Isn’t there an “in-the-moment” check to police power that the people can exert? In a life and death situation like this, waiting for an investigation is too late.

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James R 3 years ago

Fact check this: Advisory Opinions Intro > The Remnant Intro

Great podcast this week. One suggestion is to add a Peter-like (from Fringe TV Show) person to explain things for the non-legal audience.

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Bill 3 years ago

This was one of your best podcasts, prompting a lot of ... thoughts.
Regarding the Karen discussion: It seems likely (to me at least) that the Karen in question is a closet racist... you know, those whose talk ticks all the requisite progressive boxes, but whose true nature is revealed by their actions. It seems she was insulted that a "mere" black man had the nerve to confront her with the posted dog leashing rules. Her response reveals deep-seated racism - attempting to "put him in his place" by siccing the police state on him.
The purpose of media shaming of Karens like this is to do deter others from similar behavior. Do you really believe that the minor/temporary 'discomfort' this one Karen may suffer outweighs the continuing and incessant that minorities suffer?

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Will 3 years ago

If events prove David wrong, and he is forced to eat his shoe, I hope members of The Dispatch can watch a live feed.

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Rev Snow 3 years ago

Key insight that the threats of weakening/removing Sec. 230 protections have little rational connection to the complaints. As the hosts say, this is simply punishment.

A 230 threat is the modern-day analog to the old-time threat to a broadcaster's FCC license. The club isn't the logical club, it's the available one.

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Angie 3 years ago

In this atmosphere of you are either a perfect angel that never does wrong... or an irredeemable horrible person who is all bad ( or the hero's or the bad guys) and needs to be excised from society( or media platforms)....the saddest thing to me is grace and understanding seem to have gone AWOL in our discourse...where people are in their heads matter, redemption is also always a possibility even if it is egregious...most people learn from their mistakes...

I am always reminded of the " Let he who is without sin cast the first stone"

Not that some things don't need an appropriate punishment...but, our society seems to have skewed views of what appropriate is anymore...and more and more the most extreme measures are applied to too many situations.

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