OA96: Understanding Charlottesville

Opening Arguments

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4.3 • 3.7K Ratings

🗓️ 18 August 2017

⏱️ 77 minutes

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Summary

Today's special episode devotes all three segments to the tragedy in Charlottesville, VA. First, the guys answer a question regarding the police declaration that the Unite the Right rally as an "unlawful gathering" right before the scheduled start time, illustrating the principles of time, place, and manner restrictions. During the main segment, Andrew breaks down the law of hate speech and also explains the charges filed against the individual who drove his car into the protestors. After that, Andrew answers another listener question, this one regarding Texas A&M's decision to cancel a "White Lives Matter" rally in light of the tragedy in Charlottesville. Finally, we end with an all-new Thomas Takes the Bar Exam Question #37 about the failure to timely pay on an installment contract. Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess. We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances Andrew was a guest on Episode #15 of the Right to Reason podcast, arguing politics and whether your vote can be a message. Show Notes & Links

Our discussion with Travis Wester regarding the Berkeley College Republicans lawsuit took place back in Opening Arguments Episode #73. You might want to re-listen!
This is a link to the Vox timeline of the events in Charlottesville.
Here is Washington Post reporter Joe Heim's Twitter feed, showing a picture of the heavily armed "citizens" attending the rally.
This is the preliminary injunction ruling on the motion filed by Jason Kessler, organizer of the "Unite the Right" rally.
The key case setting forth the principles of time, place & manner restrictions is Ward v. Rock Against Racism 491 U.S. 781 (1989).
The "fire in a crowded theater" case is Schenck v. U.S., 249 U.S. 47 (1919) -- give it a read and you'll understand (and appreciate!) why it is no longer good law.
The modern rule on hate speech stems from Brandenberg v. Ohio, 395 U.S. 444 (1969).
This is the DOJ's list of hate crimes laws.
Virginia's second-degree murder statute is Code of VA § 18.2-32.
You can read Texas A&M University's statement cancelling the "White Lives Matter" protest scheduled for Sept. 11 here.
You can also check out Andrew's rockin' 1980s case, Sable Communications v. FCC, 492 U.S. 115 (1989).

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Transcript

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0:00.0	I refuse to testify on the grounds that my organs will be chopped up into a patty.
0:07.0	Ah, the 67th amendment.
0:20.0	I move for a bad court thingy.
0:22.0	You mean a mistrone?
0:24.0	Yeah, that's why you're the judge and I'm the law-talking guy.
0:31.0	Can you see Captain Blackhunter anywhere in this court-murdered...
0:35.0	...the jail!
0:36.0	That's it!
0:37.0	No more person, sir!
0:46.0	I have an audience for you to help you contempt of this court.
0:49.0	I have nothing but contempt for this court.
0:55.0	Welcome to Opening Arguments, a 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.
1:18.0	Hello and welcome to Opening Arguments. This is episode number 96.
1:21.0	I'm your host Thomas Smith. That over there is your other host Andrew Torres. How are you doing, Andrew?
1:26.0	I am great, Thomas. How are you?
1:28.0	Well, there's been a lot going on in the news.
1:33.0	This is not the cheeriest of episodes, but I think one Andrew Torres's Esquire has a lot of necessary legal clarifying work to do here on today's show.
1:43.0	I'm excited to at least learn more about some of the really difficult questions going on in the news today.
1:49.0	Me too, obviously, we're going to spend this entire episode on the tragedy in Charlottesville, Virginia.
	...

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