OA178: Trump and the NFL

Published: June 1, 2018, 6:02 a.m.

Join us for yet another Rapid Response Friday, in which we continue to evaluate claims on the left challenging the legality of the NFL's policy regarding the national anthem, as well as discuss two items that are\xa0also of interest to Donald Trump. We begin with a listener question we didn't get to during our Q&A regarding the similarities and differences between the John Edwards affair and the Stormy Daniels affair.\xa0 Is this the kind of thing that should give Trump comfort?\xa0 (Hint:\xa0 no.)\xa0 Oh, and you might also learn something about an "Allen charge" if you follow us all the way down\xa0all our rabbit trails! After that, we break down the "state action doctrine" while considering some liberal arguments making the rounds ostensibly challenging the legality or constitutionality of the NFL's new rules.\xa0 Andrew still isn't buying it! Then, we trek back to Yodel Mountain to discuss the recent developments in Michael Cohen's case in the Southern District of New York.\xa0 Was Andrew... wrong?\xa0 Listen and find out! Finally, we end with an all new Thomas Takes The Bar Exam #78 regarding whether the jury can read a treatise on mill grinding.\xa0 It's more interesting than it sounds, we promise!\xa0 If you'd like to play along , just\xa0retweet our episode on Twitter or share it on Facebook along with your guess. \xa0We'll release the answer on next Tuesday's episode along with our favorite entry! 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

  1. In the pre-show, we (don't) discuss, among other things, the Trump administration's breaking decisions on steel tariffs; for analysis, we refer you to our coverage of this issue back in Episode 162.
  2. This is the text of the 6-count John Edwards indictment, and we also quoted from the coverage of the acquittal by ABC News.
  3. We covered the "Paid Patriotism in the NFL" report in Episode 108; you can also read that report directly by clicking here.\xa0 Oh, and this is the Mike Florio PFT article, if you want to read more about how the NFL is in Jerry Jones's pocket.
  4. If you like semi-old-timey Supreme Court decisions, you should definitely read\xa0Marsh v. Alabama, 326 U.S. 501 (1946)\xa0about First Amendment rights in a company town.\xa0 Once you've gotten through that, you can tackle\xa0Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961) on the entanglement doctrine.
  5. This is the Ben Sachs\xa0Vox article we discussed.
  6. Your guide to Yodel Mountain includes this awesome NYT flowchart as well as this solid narrative article in\xa0Politico.
  7. Finally, this is the full text of Avenatti's withdrawal of his\xa0pro hac vice motion.
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