First Amendment, Still Revolutionary

Sarah Isgur and David French analyze the last three election cycles as influenced by free speech issues, from Donald Trump’s “they/them” ad as an effective closing argument in 2024 to contentious campus speech and protests and the Trump administration’s threats to social media companies. The two also discuss the next free speech fight in the last two years of the Trump administration. The Agenda: –Free speech highlights from the last few years –⁠Talarico and Texas⁠ – ⁠The consequential side of Callais⁠ –The next free speech fight –A math teacher’s legal question –Audience Q&A Show Notes: –⁠We’re hiring! Apply here⁠. –⁠Come see us in Austin!⁠ Or ⁠come see us in Houston!⁠ –⁠Murthy v. Missouri⁠ –⁠Divided We Fall⁠ –⁠Tinker v. Des Moines Independent Community School District ⁠ Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French discuss bypassing the Electoral College through the National Popular Vote Compact, review the Department of Justice’s criminal investigation into the Dobbs decision leak, and break down the fight between the Berkeley Homeless Union and the City of Berkeley trying to clear out homeless encampments. But first, Sarah defends her online take of how you can confirm a Supreme Court justice before a current justice retires.  The Agenda: –Don’t hitchhike, except when it’s really important –Sarah’s most right-wing take ever –Dr. Akhil Amar on the Electoral College –What exactly was the crime in the Dobbs decision leak? –Berkeley’s homeless encampments and Judge Patrick Bumatay’s dissent –Stop worrying and learn to love forum shopping Show Notes: –We’re hiring! Apply here. –Come see us in Austin! Or come see us in Houston! –Student sponsorship signups –President Biden’s OLC guidance  Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French discuss the Texas Supreme Court’s blue wave, the possibility of a majority-Democrat Supreme Court, and one of the biggest Supreme Court cases of the term: St. Mary’s Catholic Parish v. Roy.  The Agenda: –⁠Potential legal thermonuclear war in Mississippi⁠ –Texas attorney general is now blue –Will Justice Samuel Alito retire? –How President Donald Trump will legislate –⁠The Smith v. Sherbert case⁠ Show Notes: –⁠We’re hiring! Apply here⁠. –⁠Come see us in Austin!⁠ Or ⁠come see us in Houston!⁠ –⁠Aaron Tang’s op-ed⁠ Advisory Opinions is a production of ⁠The Dispatch⁠, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—⁠click here⁠. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠by clicking here⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

David French interviews “Grifter Sarah” Isgur as the midterm elections conclude, before they dive into new revelations in the Alaska Senate race and discuss an update in the California noncitizen voters lawsuit. The Agenda: –It’s not a wave, it’s a tide –Does Haley Stevens’ endorsement matter? –St. Mary Catholic Parish v. Roy –The Dan Sullivans of Alaska –California noncitizen voting lawsuit –Trump’s golf course update Show Notes: –We’re hiring! Apply here. –Come see us in Austin! Or come see us in Houston! –Student sponsorship sign-ups –New York Times/Siena poll Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French zoom in on  the cases prosecutors have brought against political enemies of the Trump administration. Then, they review the latest news from Judge Ana Reyes’ court in the battle over a Washington, D.C., golf course before tackling the administration’s sue-and-settle case in Texas.  –We’re hiring! Apply here. –Come see us in Austin! Or come see us in Houston! –The retribution bucket –Another criminal case against Comey –Indicting Cassidy Hutchinson – The you-should-be-worried-about-your-credibility-in-front-of-the-court bucket  –Trump’s sue-and-settle playbook steals from the Obama administration  –Drama at Weil Gotshal –Listener questions Show Notes: –The Trump DOJ’s Latest Absurd Charge Against Comey –DOJ’s Third Effort to Get Comey Is Another Loser Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French discuss election-related legal woes from New Hampshire to Alaska, election lawsuits and where they’re headed, plus a little takedown of forum shopping.  The Agenda: –Two Dan Sullivans –New Hampshire’s student ID laws and why the media got it wrong –Sarah votes in Texas –Holy Trinity Ukrainian Catholic Church v. Township of Collier –Harsh opinions and hallucinating decisions Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French go through a few orders from the Supreme Court (including one that’ll have our libertarian friends jumping from the second-story window), a CNN article on Justice Ketanji Brown Jackson, and two dueling en banc decisions from the 3rd Circuit.  –⁠Trigger warning for the libertarians⁠ –⁠Prisons must continue providing gender-affirming care⁠ –⁠Four justices recuse themselves from copyright case⁠ –Dueling Second Amendment en banc decisions from the 3rd Circuit –⁠Why Justice Ketanji Brown Jackson goes it alone⁠ –⁠Sen. Elissa Slotkin’s prosecution backlash⁠ –Prosecuting the Trump administration Show notes: –⁠Where the Supreme Court favors Trump on the emergency docket – and where it doesn’t⁠ –⁠Adam Liptak’s piece for the New York Times⁠ –⁠United States v. Bost ⁠ –⁠Williams v. Attorney General⁠ –⁠Jack Goldsmith’s piece on Sen. Elissa Slotkin⁠ Order Sarah’s book ⁠here.⁠ Advisory Opinions is a production of ⁠The Dispatch⁠, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—⁠click here⁠. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠by clicking here⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French discuss the legal battle between the Trump administration and the East Potomac Golf Course, a certiorari grant on race-neutral admissions, and another on distilling booze at home. Finally, David asks Sarah about the Department of Justice’s hiring standards. The Agenda: –⁠Trump’s legal battle is par for the course⁠ –⁠Supreme Court agrees to consider federal ban on home distilleries⁠ –⁠Justices take up case on race and school admissions⁠ –⁠Double-jeapordy objections⁠ –⁠Florida’s social media law⁠ –⁠Who’s qualified at the DOJ?⁠ –Listener question on child sexual abuse material and the First Amendment  Advisory Opinions is a production of ⁠The Dispatch⁠, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—⁠click here⁠. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠by clicking here⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French are joined by Vince Chhabria, a judge for the U.S. District Court for the Northern District of California, and Stanford professor Nora Engstrom to discuss the incredibly high number of motions granted to seal documents and the line between secrecy and protecting the public interest. They also discuss three new cases that  SCOTUS added to its oral argument docket and Big Law red flags.  The Agenda: –Shout out to our Antarctica fans –Does FOIA apply to DOGE? –Cooking up material support for terrorism –Why sealed filings should be rare –Welcome to Big Law, son Order Sarah’s book here. Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French discuss what’s on the Supreme Court’s docket, debate whether anonymous speech is protected by the First Amendment, and undergo a grim historical review of the death penalty after the Pentagon’s announcement that an execution will be livestreamed.  The Agenda: –Columbus Day discourse –Video rental records and boring 1980s movies –Suing Hillary Clinton –Disputes over political ad rates  –Is spending money speech? –The problem with disclosure laws –A gruesome history of the death penalty Show Notes: – Americans for Prosperity v. Bonta Learn more about your ad choices. Visit megaphone.fm/adchoices