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Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Bacon Wars?

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 14 October 2022

⏱️ 38 minutes

🧾️ Download transcript

Summary

It was a quiet week for orders, but a very exciting week for oral arguments. Your hosts discuss the copyright fight between the Andy Warhol Foundation and legendary rock-and-roll photographer Lynn Goldsmith, and the ideologically unpredictable Bacon Case, which might spark economic warfare between the states. GianCarlo then interviews Braden Boucek of the Southeastern Legal Foundation, and the two chat about fighting race essentialism in schools and the conservative legal movement. Last up, Zack grills GianCarlo about the Supreme Court's art cases.


Follow us on Twitter @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to scotus101@heritage.org.


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Transcript

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0:00.0

Mr. Chief Justice, may it please the court.

0:05.6

I'm John Carlo Canoparo.

0:07.6

I'm Zach Smith.

0:08.7

And welcome to SCOTUS 101, where we break down what's happening at the Supreme Court, what the justices are up to, and other things related to our favorite branch of government.

0:20.6

Welcome back to another episode of SCOTUS 101.

0:24.2

It's been another busy week at the court, G.C., and I know we're all staying very busy as well.

0:29.4

In fact, I'm on the road today, so I appreciate you recording remotely with me for this episode.

0:35.0

But start us off, G.C.

0:36.4

Were there any interesting orders that came out of the

0:38.7

court this week? Well, it was a pretty quiet week on the order's front. There were no new cases,

0:43.8

but a few notable denials of certiorari. The court rejected a First Amendment case challenging

0:49.4

state statutes banning vague harassment and false claims of political endorsement, the court also rejected

0:56.0

a case that could have raised the interesting question of whether unborn children have legal

1:00.4

personhood. Oh, that's very interesting. There were two oral arguments we'd like to highlight for you

1:06.2

this week, and I'll start things off with Andy Warhol Foundation versus Goldsmith.

1:15.5

Yes, this is a case involving that Andy Warhol, the famous artist.

1:21.9

Essentially in this case, the court is being asked to consider almost 35 years after Andy Warhol's passing, whether Warhol infringed on the copyright a famed rock and roll photographer Lynn Goldsmith by using a

1:29.3

photograph she took of the rock star prince that appeared in Vanity Fair. Now Vanity Fair paid a licensing

1:35.5

fee to Goldsmith to use the image, but before he died, Warhol created a series of images of prints

1:42.5

from Goldsmith's photograph, but he altered the

1:45.6

image in different ways by cropping and coloring it. Needless to say, Warhol did not pay a licensing

1:52.2

fee to Goldsmith. Now, here's where it gets interesting, G.C., Goldsmith was actually unaware of

...

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