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

The Joseph Story Lecture: Judge James Ho

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

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 3 November 2023

⏱️ 55 minutes

🧾️ Download transcript

Summary

GianCarlo is back, the Court is hearing arguments again, and free speech is on the docket. Your hosts discuss a newly granted case that will decide whether the Biden Administration's coordination with social media companies to censor what it labeled misinformation violates the First Amendment. They then unpack the oral arguments in two more free speech cases and a case that challenges civil asset forfeiture procedures. In lieu of an interview, your hosts replay the annual Joseph Story lecture, which Judge James Ho delivered last week. And finally, with an assist from artificial intelligence, GianCarlo tests how well Zack can identify Justices' writing styles.


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Transcript

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0:00.0

Mr. Chief Justice, may it please the court.

0:05.2

I'm John Carlo Canoparo.

0:07.1

I'm Zach Smith.

0:08.2

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.

0:20.5

Welcome back to another episode of SCOTUS 101. G.C., how have you been?

0:25.2

I'm great, Zach. It's great to be back. It is, and it looks like the Supreme Court is back to work

0:30.2

hearing cases. Start us out, G.C. What new orders have we received from the court? Sure, one big one

0:36.6

worth noting right now,

0:38.0

Murphy v. Missouri, the court granted a case challenging the Biden administration's

0:42.8

coordinated efforts with social media companies to censor speech that it labeled misinformation.

0:48.5

Interestingly, although the court took the case, it stayed the injunction against the

0:52.3

administration that the district court imposed

0:54.4

and that the Fifth Circuit had upheld.

0:56.9

Justice's Alito, Thomas, and Gorsuch argued that the court stayed the injunction wrongly and

1:03.5

without reviewing the record.

1:05.7

This is a particular pet peeve of mine when the court, when the majority does something like this without

1:12.4

any explanation or opinion at all. And it leaves, you know, the dissenters position sounds,

1:19.5

you know, quite correct if for no other reason than that, you know, they're not answered. So we

1:25.1

won't know why the court stayed the injunction until I suppose we get an opinion.

1:31.8

But the case will be heard.

1:34.1

So that's a big First Amendment and government censorship case.

1:39.7

Well, you know, G.C., I think this is going to be a big First Amendment term at the court,

...

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