OA165: You Heard It Here First! (Abortion Rights, Gun Control, and Offensive Trademarks)
Note:\xa0 The "C" segment of this episode (and the show notes) contain hilarious explicit language in order to discuss a recent development in trademark law.\xa0 You've been warned! In the preshow, we tamp down on some unwarranted liberal freakout regarding a recent White House Executive Order regarding the last few fraying strands of our social safety net. After that, we revisit three cases we told you we'd be keeping an eye on.\xa0 First, we look at the aftermath of\xa0Jane Doe v. Wright, which we first discussed in Episodes 117 and 133.\xa0 Back then, we told you about the fate of a single young woman in state custody who was denied her right to an abortion; today, we tell you about the nationwide class action that was just certified in Garza v. Hargan. Next, we revisit\xa0Kolbe v. Hogan, which we called a "landmark" case way back in Episode 47.\xa0 Find out how a federal district court judge in Massachusetts just applied\xa0Kolbe in upholding the Massachusetts ban on assault weapons and large capacity magazines. For our third revisit, we take a look at another trademark case in light of the Slants case (Matal v. Tam) that we first discussed with Simon Tam way back in Episode 33 and reported on Tam's victory before the Supreme Court in Episode 80.\xa0 The Slants's victory paved the way for disparaging and offensive trademarks, but what about garden-variety "immoral or scandalous" ones, like FUCT clothing or "Big Dick Nick" towels?\xa0 Listen and find out! Finally, we end\xa0with the answer to the fiendishly hard Thomas Takes the Bar Exam Question #71 about whether a state can discriminate against out-of-state competitors.\xa0 Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page\xa0so that you too can play along with #TTTBE! Recent Appearances None!\xa0 If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links
- This is Alphr's list of the "15 Best Podcasts of 2018" -- and wow, we're in some good company!
- You can click here to read the White House Executive Order on "Reducing Poverty in America;" we quoted from Section 5 at the end.
- We first discussed\xa0Jane Doe v. Wright\xa0in Episodes 117 and 133.
- We first told you about\xa0Kolbe v. Hogan\xa0in Episode 47; now, you can read the Massachusetts decision in\xa0Worman v. Healey.\xa0 Also, if you like briefs, you can read the petition for certiorari, the State of Maryland's opposition, and the petitioners' reply.
- We told you about the Slants's case back in our\xa0Episode 33 interview with Simon Tam and reported on Tam's Supreme Court win in Episode 80; today, we discuss\xa0In re Brunetti, which applies the\xa0Matal v. Tam holding to the rest of\xa015 U.S.C. \xa7 1052(a).
- Finally, the link you've been waiting for: the\xa0Deadspin article about "Big Dick Nick."