293 episodios

Is the constitution in crisis? This podcast is for people who are curious about politics and the law and how the biggest political and legal issues of the moment affect you. Pull up a chair and join host Jessica Levinson, a professor at LMU’s Loyola Law School, and a rotating cast of experts. Jessica will be joined by journalists, politicians, political scientists, lawyers, and many others.

Listen to Jessica and her guests for a wry, and sometimes irreverent take on the most pressing issues of our time. What are the laws of our democracy? How are they changing? And what does that mean for your daily life?

Passing Judgment Jessica Levinson

    • Arte

Is the constitution in crisis? This podcast is for people who are curious about politics and the law and how the biggest political and legal issues of the moment affect you. Pull up a chair and join host Jessica Levinson, a professor at LMU’s Loyola Law School, and a rotating cast of experts. Jessica will be joined by journalists, politicians, political scientists, lawyers, and many others.

Listen to Jessica and her guests for a wry, and sometimes irreverent take on the most pressing issues of our time. What are the laws of our democracy? How are they changing? And what does that mean for your daily life?

    Baby Reindeer Controversy: Exploring Defamation and Right of Publicity Cases

    Baby Reindeer Controversy: Exploring Defamation and Right of Publicity Cases

    In this episode of Passing Judgment, we delve into the controversy surrounding the Netflix series "Baby Reindeer" and the legal battle it has sparked. Host Jessica Levinson breaks down the lawsuit brought by Fiona Harvey, who claims to be the real-life inspiration for a character portrayed as a stalker and abuser in the series. Harvey's suit includes allegations of defamation, emotional distress, and violation of her right of publicity. Jessica examines the balance between First Amendment protections for artists and the privacy rights of individuals, discussing why she believes censorship poses a greater danger than the harms claimed by Harvey.


    Here are three key takeaways you don't want to miss:

    1️⃣ Right of Publicity vs. First Amendment: The episode explores the balance between an individual's right to privacy and freedom of expression.

    2️⃣ Impact of Modern Media and Public Scrutiny: Harvey was quickly identified due to social media, escalating her distress and highlighting the modern challenges of privacy.

    3️⃣ Artistic Freedom and Public Interest: The episode delves into the importance of protecting artistic freedom, indicating that censorship can be more harmful than the potential injuries to privacy.


    Follow Our Host:
     @LevinsonJessica

    • 11 min
    Breaking News: Trump Found Guilty of Falsifying Business Records

    Breaking News: Trump Found Guilty of Falsifying Business Records

    In this episode of Passing Judgment, we delve into the historic conviction of former President Donald Trump on 34 counts of falsifying business records. We also discuss the possible ramifications, including whether Trump can vote or run for president as a convicted felon, potential sentencing outcomes, and the likelihood of appeals.

    Here are three key takeaways you don't want to miss:

    1️⃣ Felony Elevation: Falsification of business records is typically a misdemeanor. It becomes a felony if done to commit or conceal another crime. In this case, the prosecution argued it was to unlawfully interfere with the election by committing federal campaign finance violations, tax fraud, or falsification of other business records.

    2️⃣ Sentencing: Trump’s sentencing is set for July 11th. Jessica anticipates probation rather than prison time due to the non-violent nature of the crimes and Trump being a first-time offender.

    3️⃣ Impact on Presidential Run: The conviction does not bar Trump from running for or serving as President. The Constitution only precludes those convicted of insurrection from holding office.

    Join us as Jessica unpacks the legal intricacies of this unprecedented case and its implications for the future.

    Follow Our Host:
     @LevinsonJessica

    • 11 min
    Inside Election Disputes: Edward Foley Examines the Threats to Democratic Processes

    Inside Election Disputes: Edward Foley Examines the Threats to Democratic Processes

    In this episode of Passing Judgment, Jessica Levinson sits down with guest Edward Foley to delve into the intricate world of disputed elections, legal challenges, and the evolving landscape of American democracy. Foley shares his insights on the confluence of historical election disputes with current events, the critical role of clear election rules, and the challenges faced in ensuring fair and accurate elections. From discussing his book on the history of disputed elections to shedding light on the nuances of judicial behavior and election administration, this episode offers a deep dive into the complexities and nuances of election law and constitutional principles.

    Here are three key takeaways you don't want to miss:

    1️⃣ Disputed Elections and Democratic Stability: Foley discusses the confluence of conspiracy theories with disputed elections, emphasizing the need for clear election rules, competent institutions, and a strong civic culture to support democratic governance.


    2️⃣ Judicial Behavior and Supreme Court Dynamics: Foley shares insights on the evolution of judicial behavior, noting the increased visibility of judges through various public engagements like social media, book authoring, and public appearances. The discussion raises concerns about Supreme Court justices' extracurricular activities and potential biases, as well as historical parallels in such behaviors.


    3️⃣ Election Procedures and "Blue Shift" Phenomenon: The podcast addresses challenges in election procedures, particularly regarding absentee ballots verification procedures. It delves into the concept of the "blue shift" in elections, where Democrats tend to gain ground on late-counted ballots leading to a shift in results favoring the Democratic candidates as more ballots are processed.


    Follow Our Host and Guest:
     @LevinsonJessica
    @Nedfoley

    • 39 min
    Unraveling the Trump Hush Money Trial with Shayna Jacobs

    Unraveling the Trump Hush Money Trial with Shayna Jacobs

    In this episode of Passing Judgment, Jessica Levinson sits down with Shayna Jacobs, a federal courts and law enforcement reporter for The Washington Post, to delve into the ongoing Trump hush money trial. With the trial moving at an unexpectedly rapid pace, Jessica and Shayna discuss why this case is progressing faster than anticipated and explore the pivotal role of Michael Cohen's testimony. Tune in as Jessica and Shayna navigate the intricate legal landscape of this high-profile trial and speculate on its potential implications for Trump's political future.

    Here are three key takeaways you don't want to miss:
    
    1️⃣ Trial Progression and Timeline: The trial moved faster than expected, with significant progress including jury selection, opening arguments, and witness testimonies. Judge Marchand emphasized keeping the trial on track.

    2️⃣ Novelty of the Case: This case is unique because it’s uncommon for falsification of business records to be the primary charge. Typically, it's a lesser charge combined with more significant crimes.

    3️⃣ Relevance of Stormy Daniels’ Testimony: Although some details of her testimony might not directly relate to the falsification charges, they were used to establish context and motive for Trump's actions.


    Follow Our Host and Guest:
     @LevinsonJessica
    @Shaynajacobs

    • 23 min
    The MAGA Ideology: A Deep Dive into America's Conservative Movement with Isaac Arnsdorf

    The MAGA Ideology: A Deep Dive into America's Conservative Movement with Isaac Arnsdorf

    In this episode of Passing Judgment, we delve into the intricacies of the MAGA movement with Isaac Arnsdorf, a national political reporter for The Washington Post. Isaac shares insights from his new book, "Finish What We Started: The MAGA Movement's Ground War to End Democracy," examining the evolution of MAGA from its roots in earlier American political ideologies to its transformation post-January 6th. Join us as Isaac explains the movement's shift towards more extreme elements and its strategy to infiltrate the Republican Party from the ground up, as well as discussing potential scenarios for future elections and the ongoing impact on American democracy.

    Here are three key takeaways you don't want to miss:

    1️⃣ Historical Continuity and Evolution: The MAGA ideology connects back to older political traditions in America, such as the non-interventionist "America First" ethos of the 1930s and the conservative backlash against the New Deal. This historical perspective helps explain the resurgence and transformation of these ideologies in today's political landscape.

    2️⃣ Transformation of the MAGA Movement Post-January 6th: Isaac elaborates on how the MAGA movement became more radicalized and inclusive of extreme right elements post-January 6th. This was driven by grassroots efforts rather than Trump himself, with significant influence from figures like Steve Bannon aiming to deeply integrate the movement within the Republican Party.

    3️⃣ Impact and Strategies for Future Elections: Arnsdorf expresses concerns about potential disruptions in future elections, noting preparations for legal strategies that could make elections contentious and the worrying prospect of political violence or disruptive actions at crucial electoral stages.

    Follow Our Host and Guest:
     @LevinsonJessica
    @Iarnsdorf

    • 22 min
    Understanding First Amendment Rights During Campus Protests

    Understanding First Amendment Rights During Campus Protests

    In this episode of Passing Judgment, Jessica Levinson dives deep into the legal intricacies surrounding protests on college campuses, specifically addressing First Amendment protections and relevant federal laws. By discussing these themes, Jessica Levinson aims to provide a legal framework for understanding the complexities of First Amendment protections and other related legal aspects in the context of college protests, influenced by ongoing events like the war in Gaza but strictly from a legal perspective, avoiding political discussions. Join us as Jessica provides a thorough legal framework to help us understand these complex dynamics, setting the stage for informed discussions on rights, responsibilities, and the reach of the law in educational settings.

    Here are three key takeaways you don't want to miss:

    1️⃣ First Amendment Protections in Protests: The episode delves into how the First Amendment ensures robust protection for speech and expressive conduct during protests.

    2️⃣ Limitations on Speech: While the First Amendment offers broad protections, there are permissible limitations. Levinson explains that these restrictions must be content-neutral—applied uniformly regardless of the speaker's identity or viewpoint and should ideally serve a legitimate purpose like ensuring safety, without being a pretext for suppressing undesirable viewpoints.

    3️⃣ Federal Laws Impacting Protests: Levinson addresses how the Civil Rights Act of 1964 (particularly Title 6) intersects with campus protests. Actions during protests that discriminate based on race, color, or national origin, or that disrupt educational opportunities for these groups, might constitute violations under Title 6.


    Follow Our Host:
    On Threads: @LevinsonJessica

    • 10 min

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