Do You Swear You're Not A Subversive Person?
Opening Arguments
Opening Arguments Media LLC
4.3 • 3.7K Ratings
🗓️ 8 September 2025
⏱️ 55 minutes
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Summary
Continuing their "Good Law" series, Matt and Jenessa talk about Baggett v. Bullitt. This case held that "a State cannot require an employee to take an unduly vague oath containing a promise of future conduct at the risk of prosecution for perjury or loss of employment, particularly where the exercise of First Amendment freedoms may thereby be deterred." Jenessa gives a fascinating science breakdown on cognitive dissonance and what the effect of these vague oaths actually is. It's counter-intuitive and very interesting!
Transcript
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| 0:00.0 | that I will support the constitutional laws of the United States of America and will, by precept an example, promote respect for the flag. |
| 0:06.0 | When I say those words out loud and put my right hand up, does that make me believe those things? |
| 0:14.7 | When your behaviors and your words do not line up with your values, that creates this really |
| 0:26.3 | uncomfortable feeling. |
| 0:27.8 | You are going to seek to resolve that. |
| 0:30.1 | How do I get rid of this ick? |
| 0:36.2 | Welcome to Opening Arguments, the podcast that analyzes law in the news. |
| 0:40.8 | With me is Matt Cameron, immigration attorney. |
| 0:43.5 | And with me is Janessa Seymour, former scientist and current voting rights attorney. |
| 0:46.8 | And Janessa, I just have one question for you before we begin. |
| 0:50.2 | Are you now, or have you ever been a podcaster? |
| 0:56.4 | I, I, I, are you now or have you ever been a podcaster? I plead the fifth. Am I allowed to do that one on an oath? |
| 1:01.5 | I understand how you might want to disclose some associations, particularly seedy associations with this program. |
| 1:08.8 | Yes, today we're talking about loyalty oaths, which unfortunately has become kind of relevant |
| 1:14.0 | in the last 10 years or so, maybe, I don't know, more and more so in the last few months. |
| 1:19.1 | But this is, of course, in our continuing series on some of our favorite cases from the war in court era. |
| 1:24.5 | And I wanted to talk about one that's not very well known, even in |
| 1:27.5 | this genre of case is not very well known. It's called Begott v. Bullitt, which is a fantastic |
| 1:32.7 | name, just a really lot of fun to say. I've been enjoying it from 1964. So we're going to talk |
| 1:37.8 | a little bit about the history of loyal teeths in America and elsewhere, and how this sort of fit |
| 1:43.1 | into the McCarthy era, how the Supreme Court |
| 1:45.0 | handled the McCarthy era, both good and bad, and kind of where things stand today. So we've got |
... |
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