The Island of Rationality and the First Amendment
Summary
Hosts Sarah Isger and David French discuss First Amendment issues, including a potential challenge to Citizens United via Maine’s super PAC contribution limits. They analyze circuit splits on immigration detention and habeas jurisdiction, then debate whether school administrators’ office books and vanity license plates constitute government or private speech. The episode concludes with a discussion on negligence liability for injuries during Black Lives Matter protests.
Topics discussed
Intro: First Amendment-a-Palooza and episode overview
Recap: Intra-textualism and voting rights cases
Immigration law: Detention, habeas corpus, and circuit splits
Campaign finance: Maine's super PAC limits and Citizens United
Government speech: School administrator's books and Garcetti
Government speech: Vanity license plates and Walker v. Texas
Library curation: Eighth Circuit ruling on book segregation policies
Protest liability: Fifth Circuit en banc decision on trespass and negligence
Listener correction: State vs. federal constitutional protections
Listener Q&A: The role and value of judicial clerkships
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