OA73: Berkeley, Ann Coulter, and Free Speech (w/guest Travis Wester)

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4.3 • 3.7K Ratings

🗓️ 30 May 2017

⏱️ 101 minutes

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Summary

In this episode, the guys engage in a discussion with actor Travis Wester, who criticized the show's coverage of the Berkeley College Republicans' lawsuit back in the "C" segment of Episode #65. Travis comes on the show to criticize Berkeley's policy regarding the imposition of fees, while Andrew walks us through the various laws regarding the First Amendment's applicability to "time, place, and manner" restrictions in college classrooms. This episode went long, so we skipped our other segments, but obviously no Tuesday episode would be complete without the answer to Thomas Takes The Bar Exam Question #25 about smokin' weed and crashin' cars. Recent Appearances: None! Have us on your show! Show Notes & Links Here are the resources discussed in this episode:

This is the link to the BCR/YAF (Ann Coulter) Complaint.
Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819 (1995) is the Supreme Court case decisively holding that campus groups allocating space in classrooms are a limited public forum.
Ward v. Rock Against Racism, 491 U.S. 781 (1989), is the landmark Supreme Court case on time, place, and manner restrictions.
Rock for Life-UMBC v. Hrabowski, 643 F.Supp.2d 729 (D. Md. 2009) is the D.Md. case that is directly on point with a university that has the exact same policies as Berkeley.
The authorizing regulation is 5 CCR § 100004.
The 5th Circuit case to which Travis kept referring is Sonnier v. Crain, 613 F.3d 436 (5th Cir. 2010), the opinion of which was subsequently withdrawn in part by Sonnier v. Crain, 634 F.3d 778 (5th Cir. 2011).
Finally, the Supreme Court case cited by Travis within the Sonnier opinion is Forsyth County v. Nationalist Movement, 505 U.S. 123 (1992), in which the Supreme Court held that content-based restrictions, including excessive security fees, violate the 1st Amendment.

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Transcript

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0:00.0	Ladies and gentlemen of the jury, I'm just a caveman.
0:19.8	Due to habeas corpus, you and Miss Bonifante had a common law marriage.
0:31.0	So you don't work on a contingency basis?
0:33.0	No, money down! Oops, shouldn't have this bar association logo here either.
0:45.0	Would you please point at that robot over there?
0:51.0	No further questions?
0:55.0	Welcome to Opening Arguments, the podcast that pairs an inquisitive interviewer with a real-life lawyer.
1:00.0	This podcast is sponsored by the law offices of P Andrew Torres, LLC for entertainment purposes,
1:05.0	is not intended as legal advice, and does not form an attorney-client relationship.
1:09.0	Don't take legal advice from a podcast.
1:17.0	Hello and welcome to Opening Arguments, this is episode 70.
1:21.0	I'm your host Thomas Smith at your other host Andrew Torres.
1:23.0	How are you doing today, Andrew?
1:25.0	I'm great Thomas, how are you?
1:27.0	Doing good, we've got interesting show for you today.
1:30.0	I think it's cool to do this every once in a while.
1:32.0	There's somebody with a pretty prominent following on Twitter who I think is a common friend with Eli Bosnick,
1:38.0	who really disagreed with, I think, your analysis of the Ann Coulter, BCR, Young America's Foundation case.
1:46.0	And we're going to have a little bit of a, I guess, discussion debate on it.
1:50.0	And I think this is cool personally because it's interesting to see how well lay people can understand the law
1:58.0	and that's a goal that you have on the show for lay people to be able to understand.
2:02.0	But when they disagree, it's not as though they can just say, well, the expert's always right,
	...

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