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Advisory Opinions

Nondelegation Doctrine

Advisory Opinions

The Dispatch

News, Government, Politics

4.74K Ratings

🗓️ 18 February 2021

⏱️ 66 minutes

🧾️ Download transcript

Summary

On Tuesday, Speech First, Inc. filed a free speech lawsuit alleging that the University of Central Florida and its officials “created a series of rules and regulations that restrain, deter, suppress, and punish speech about the political and social issues of the day.” David and Sarah walk us through the history of campus cat and mouse battles over restrictive speech codes and explain whether this lawsuit will matter in the long run. On today’s episode, our hosts also chat about the nondelegation doctrine, the possibility of further criminal prosecution against Donald Trump, and how Rush Limbaugh’s passing might affect the conservative media climate. Show Notes: -Speech First vs. Cartwright and Speech First, Inc. v. Gregory L. Fenves. -Nondelegation doctrine cases: Schechter Poultry Corp. v. United States, J.W. Hampton Jr., & Co. v. United States and Gundy v. United States. -“Trump’s Acquittal Exposed a Republic in Peril” by David French in Time. -“There’s No Historical Justification for One of the Most Dangerous Ideas in American Law” by Julian David Mortenson and Nicholas Bagley in the Atlantic. -“Opinion analysis: Court refuses to resurrect nondelegation doctrine” by Mila Sohoni in SCOTUSblog. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to the advisory opinions podcast.

0:23.0

This is David French with Sarah Isger.

0:25.0

We're going to cover a lot of things today.

0:28.0

We're going to start with free speech.

0:30.0

We're going to also talk about non-delegation doctrine.

0:32.0

I promise you that's going to be interesting.

0:35.0

Everyone likes to hear about free speech.

0:37.0

Not as many people like to hear about non-delegation doctrine, but Sarah is going to bring it in a compelling way to make you understand why it's so important.

0:46.0

We're going to end up by talking a little bit about how possible is it really that Donald Trump is going to be prosecuted?

0:55.0

There were senators and others who suggested that the real way during the impeachment trial suggested that the real way to hold Donald Trump accountable was not through impeachment and conviction, but through criminal prosecution.

1:06.0

And let's just we're just going to get into brass tax about how realistic is that.

1:10.0

But before we dive in, just minutes before we start to start to record the podcast, we found out that Rush Limbaugh had died.

1:18.0

And so we're going to end the podcast by talking a bit about him and his legacy.

1:25.0

But let's start with free speech on campus.

1:29.0

One of the things I know both Sarah and I have an inbox that gets just bombarded with press releases.

1:35.0

Most of them are not really in my area of interest, but some of them are.

1:40.0

And I got one yesterday from speech first, which is a free speech on a group that advocates and litigates for free speech on campus versus officials from the University of Central Florida.

1:51.0

And they were taking on the universities speech policies, its computer use policies and something that it calls a just nights response team.

2:02.0

This is kind of like the bias response teams you see on college campuses. And I thought this could be a great launching pad, Sarah to talk about the cat and mouse battle that goes on on campus and in schools over free speech.

2:18.0

We've talked about it a lot.

...

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