OA137: How to (Almost) Defame Someone and Get Away With It -- The SciBabe Story (w/guest Yvette d'Entremont)
Added 2018-01-08 23:34:48 +0000 UTCToday's episode is all about the First Amendment and features a full-length interview with the one and only SciBabe, Yvette Guinevere d'Entremont!
First, though, we answer a listener question from Secular Saint about the free press clause that was raised during our most recent patron-only Q&A show.
Next, we talk to Yvette, who shares some amazing stories about her life taking down rich and powerful celebrities like Gwyneth Paltrow, Vani Hari (the "Food Babe"), and David Avocado Wolfe.
After that, we tackle Trump's cease-and-desist letters sent to Steve Bannon and the publishers of the new book Fire and Fury: Inside the Trump White House . Special thanks to Niall O'Donnell and Deborah Smith of the Opening Arguments Facebook Community for finding the texts of these letters!
Finally, we end with the answer to Thomas and Yvette Take the Bar Exam Question #57 about a frostbitten drifter wandering through what might be a libertarian paradise. (Seriously!) Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!
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Show Notes & Links
- In answering Secular Saint's question, Andrew discussed Sonja West's UCLA Law Review article, "Awakening the Press Clause" as well as this op-ed by Eugene Volokh.
- We discuss the New York Times v. Sullivan standard for libel in numerous episodes, but in particular in Episode 84 about John Oliver's lawsuit.
- Yvette has some great articles that we talked about, including "The Unbearable Wrongness of Gwyneth Paltrow" and "David Avocado Wolfe is the Biggest Asshole in the Multiverse."
- Trump's cease-and-desist to Steve Bannon is here (Twitter screencap), and the one to Steve Rubin and Michael Wolff is here. You can compare it to the laughable Roy Moore litigation hold letter we discussed in Episode 122.
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Comments
Bob Murray is the CEO of a coal company. Eat shit Bob
Christopher Dalpe
2018-01-10 00:14:47 +0000 UTCFun episode. I'm curious about the Bar Exam question... I chose B... A "reasonable person under the circumstances" seems fine to me. A "reasonable person" would know that sending a man into the blizzard almost certainly meant death for that man. Using the "Defense of Necessity" basically confirms the blizzard was deadly...and it would require a "reasonable person" to make that determination. It seems like the Defense of Necessity is dependent upon a person being reasonable. And Andrew, you even said that once Basil decided to kick the fella out into the blizzard it went from being a "reasonable response" (your words), to being battery. What am I missing here?
Eric Brewer
2018-01-09 20:30:33 +0000 UTC
