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Advisory Opinions

50 Ways of No

Advisory Opinions

The Dispatch

News, Politics, Government

4.83.6K Ratings

🗓️ 23 August 2022

⏱️ 59 minutes

🧾️ Download transcript

Summary

David and Sarah discuss two Florida free speech cases and a very strange North Carolina one too about whether a court can strike down legislation if some of the legislators were elected from gerrymandered districts. And there's a very special guest at the end with a song to share.

Transcript

Click on a timestamp to play from that location

0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to the advisory opinions podcast. I'm David French with Sarah Isger and we're going

0:24.0

this is going to be a legal podcast and we're going to make it maybe a little shorter. Sarah is on vacation right now.

0:32.0

So generously donating her podcast time while on vacation and they're not a huge number of interesting legal developments.

0:40.0

But there are three and two of them involved the state of Florida and Governor Ron DeSantis.

0:48.0

So we're going to talk about the injunction against portions of the stop woke act that Florida passed,

0:56.0

which is the most sweeping of the quote unquote anti CRT laws that have been passed yet in the United States.

1:04.0

And a portion of it was challenged and blocked by a federal district court.

1:09.0

We're going to talk about an interesting lawsuit in Florida based on the governor firing a prosecutor who said he wasn't going to enforce certain Florida laws.

1:22.0

And then the last one is a wild case out of North Carolina Supreme Court, which invalidated constitutional amendments because they were initiated by a legislature elected through an illegal racial gerrymander.

1:40.0

Wow. Okay.

1:42.0

Let's go on Sarah. So shall we start with the stop woke? Absolutely. Although I just think people should know behind the scenes. You know, David and I meet up and what we call the green room, meaning we just like chip chat before we tape the show.

1:56.0

And I always know it's time to hit record when David says, you know, the thing is. And that's exactly what happened today.

2:03.0

That's right. David's revved up. He's ready to go.

2:06.0

I was sharing some thoughts. Okay. So let's let's start with the stop woke act. And this was this is an act that is different from quite a few other anti CRT laws.

2:20.0

Now what's different about it is it's not necessarily the text of the law. In other words, what's prohibited by the law, but where it is prohibited, all the places where it is prohibited.

2:33.0

We've talked about these anti CRT laws before. And most of them that have passed through state legislatures and have been signed by governors involve instruction at the K through 12 level.

2:46.0

And they have very, very similar language. So, for example, they'll prohibit promoting advancing inculcating, compelling an individual to believe certain prohibited concepts.

3:00.0

These concepts range from prohibiting instruction that members of one race color sex or national origin are morally superior to members of another race sex.

3:10.0

An individual by virtue of his race color sex or national origin is inherently racist sexist or oppressive whether consciously or unconsciously an individual's moral character or status is privileged or oppressed is necessarily determined by race color sex or national origin.

3:25.0

And it goes on. So, essentially, these are concepts that a varying degrees of complexity sort of are aimed at some of the aspects of critical race theory.

...

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