Legale§e Bob Fiedler

Episode #60
Today on Legalese we will be taking on several constitutional myths and misconceptions related to Congress, criminal law, state and federal jurisdiction and the great myth of federal supremacy.

Show Notes Episode #60 - The Myth Of Federal Supremacy

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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.


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Episode #59
Today on Legalese we will be discussing a major update to the Supreme Court's 2023 term. Earlier today the Court chose to grant cert on two big cases that offer a serious challenge to the doctrines of Chevron Deference and Qualified Immunity.
In Relentless Inc. v Chamber Of Commerce we have a nearly identical case to the Loper Bright case the Court agreed to review back in May. Just like Loper, this case directly asks the Court to overturn Chevron Deference and revolves around a provision in the Magnuson-Stevens Act that supposedly coerces fishing vessels to not only to carry two federal officers onboard their boat AND pay those bureaucrats salary.
One major difference is that, unlike Loper Bright, Justice Ketanji Brown Jackson will not be recusing herself from the case, allowing the full court to weigh in on this challenge to Chevron Deference.

In Gonzalez v. Trevino, the justices agreed to decide what kinds of evidence will meet the exception outlined in 2019’s Nieves v Bartlett.
In Nieves v. Bartlett, this Court held that probable cause does not bar a retaliatory arrest claim against a “police officer” when a plaintiff shows “that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been.”
The question before the Court is whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened.

On This episode we will discuss the backgrounds and facts of these two cases.

Show Notes - Major Supreme Court Update


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Contact Me - Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.


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Episode #58
Today I Legalese I will be discussing the cases that I will be covering in depth during the coming Supreme Court term for 2023-2024


Show Note Page for "Supreme Court Roundup 2023-2024 Term"


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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon - https://www.amazon.com/dp/B0BN93R9QX

Contact Me - Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

►00:00 Introduction
►05:00 Dominance of First Amendment Cases
►05:36 Social Media & State Law
►06:30 Moody v Netchoice LLC
►08:55 Netchoice LLC v Paxton
►10:40 Social Media, State Action & The First Amendment
►12:55 O'Conner-Ratcliff v Garnier
►14:15 Lindke v Freed
►14:42 Vidal v Elster
►16:05 Devillier v Texas
►17:45 Loper Bright Enterprises v Raimondo
►24:10 SEC v Jarkesy
►30:42 Moore v United States
►33:55 United States v Rahimi
►36:55 Conclusion



Tags: Law,Constitution,Politics,legal theory,Moral Philosophy,Current Events,supreme court,first amendment,1A,social media,SB 7072,HB 20,administrative law,chevron,rahimi,2A,second amendment,7th amendment,5th amendment,takings clause


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Episode #56
Today on Legalese we will be discussing a recent case out of the Sixth Circuit - 'Ingram v Wayne County' in which the Court held that when a car is seized under civil asset forfeiture, the owner has a constitutional right to a hearing within two weeks of the seizure.
On top of that encouraging majority opinion, we also discuss the concurring opinion filed in this case by prominent conservative jurist Judge Amul Thapar that takes an even more striking and encouraging position.

Show Notes Page "Sixth Circuit Smacks Down Civil Asset Forfeiture" - https://constitutionallaw.substack.com/p/episode-56-sixth-circuit-smacks-down

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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon - https://www.amazon.com/dp/B0BN93R9QX

Contact Me - Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.


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Episode #57
Today On Legalese we are going to be discussing the 7 categories of speech that are not protected under the first amendment:
Intro
Incitement
True Threats
Fighting Words
Defamation
Obscenity
Fraud and Perjury
Speech Integral To Criminal Conduct

Show Notes Page For This Episode
This episode was created to be the ultimate guide to unprotected speech within our modern legal framework according to the First Amendment's protections of speech, expression and conduct.

There are a great deal of misconceptions and misinterpretations of what classes or categories of speech fall outside the bounds of first amendment protection. In order to minimize, if not wholly eliminate the common causes of such misunderstandings and misinterpretations, I have done my best to excise any discussion that relies on contested claims or personal opinions, including my own.

We look specifically and comprehensively at those categories of unprotected speech in constitutional law which the courts have concluded to be well-established exceptions. We look at the landmark cases that have established these categories and derive definitions, principles, doctrines and legal tests through a textual analysis of the controlling opinions of the court to provide everyone the information they would need to successfully defend their individual rights of free speech, expression and conduct within our existing legal and constitutional framework.

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Subscribe To Legalese Newsletter - https://legaleseshow.com/
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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon - https://www.amazon.com/dp/B0BN93R9QX

Contact Me - Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

00:00 Intro
11:42 Incitement
14:57 True Threats
21:08 Fighting Words
35:05 Obscenity
36:34 Defamation
37:51 Fraud and Perjury
38:55 Speech Integral To Criminal Conduct
39:29 What of Hate Speech?
45:57 Outro
46:18 Closing Announcement/Question


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Episode #55

Today on Legalese we look at two recent cases that pit private citizens and the First Amendment against qualified immunity and police officers who believe themselves to be above the law.

In Jordan v Adam's County Sheriff's Office a man was arrested for criticizing two shitty cops who got very upset when their inflated sense of authority was questioned.

In Bailey v Iles we find a man whose only "crime" was to post a joke on Facebook. Which was considered enough of a crime by the Rapides Parish Police Department in Louisiana to send a SWAT team to arrest him and charge him with violating a state anti-terrorism law.

In both cases the Tenth Circuit and Fifth Circuit Courts of Appeals (respectively) would find in favor of these two citizens while holding the actions of these police to be so unreasonable these officers would not be allowed to cower behind claims of qualified immunity.

Show Notes Page for "First Amendment Beats Police Defendants"


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Subscribe To Legalese Newsletter
Legalese Homepage
“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon

Contact Me - Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.


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Send in a voice message: https://podcasters.spotify.com/pod/show/legaleseshow/message
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