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Opening Arguments

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Opening Arguments
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1214 episodes

  • Opening Arguments

    Social Media Is a Defective Product

    03/27/2026 | 43 mins.
    OA1247 - Should social media companies be held responsible for the addiction and other harms their features and algorithms have caused to users? A California jury thought so this week, and in this episode recorded within hours of this historic verdict--and the day after another similar win in New Mexico--we examine the legal basis for this suit and what this might mean for thousands of similar legal actions now pending against Meta, TikTok, YouTube, and others around the U.S. Matt also explains why Trump is sending ICE agents to US airports, and how a little-noticed new addition to an existing DHS program has turned some state and local cops into immigrant bounty hunters. 
    Finally, we go a little deeper than usual in today’s footnote to honor the sacrifice of a federal judge in the Southern District of New York who read more than 6,000 pages of “romantasy” fiction to determine as a matter of law that a book about a part-witch/part-shapeshifter/part-demon who moves from San Diego to Alaska after the death of a parent to meet a hot guy with mysterious powers while discovering her own in urban Anchorage is not “substantially similar to a discerning ordinary reader”  to a book about a half-witch/half-gargoyle who moves from San Diego to Alaska after the death of a parent to meet a hot guy with mysterious powers while discovering her own in a remote Gothic castle.
    Complaint in K.G.M. v. Meta, filed April 28, 2025 in LA Superior Court

    Exclusive: ICE’s Bounty Hunters, Ken Klippenstein (March 24, 2026)

    Leaked spreadsheet of ICE 287(g) payouts [PDF]

    Complaint in Freeman v. Wolff, filed May 23, 2022 in SDNY

    Summary judgment order in Freeman v. Wolff, March 16, 2026 (McMahon, J.)

    Check out the OA Linktree for all the places to go and things to do!
  • Opening Arguments

    Pete Hegseth's books are racist trash written in crayon. We've got some highlights for you.

    03/25/2026 | 1h 30 mins.
    VR26 - Matt read not one but TWO of Pete Hegseth's "books." The awful xenophobic, genocidal crap contained therein might help explain the Iran War.
  • Opening Arguments

    Idiot CEO Used ChatGPT to Try to Screw Over Subnautica Creators

    03/23/2026 | 54 mins.
    OA1246 - Part 1: “The AI was nicer about it” and other reasons I ignored my lawyer: the Subnautica 2 story
    ChatGPT cannot warp space-time to make you un-sign that contract. Unfortunately for video game publisher “Krafton”, the world’s-best-cheerleader will instead gently tell you that your intention to break an air-tight contract without illegally breaching it will be difficult, and then give you a plan to try anyway. Team of lawyers screaming “please god stop” be damned. The plan worked great, right up until it hit a judge.
    Developer “Unknown Worlds”, creator of the hit game “Subnautica” just won a substantial victory for breach of contract against Krafton, securing the reinstatement of their own CEO, and probably a massive bonus in the process. In part 1, Jenessa walks us through the story of how Unknown Worlds was formed, why they sold to Krafton, the terms of the contract, how the relationship went south, and why “Subnautica 2” got delayed. Tune in to part 2 to hear how the lawsuit was decided.
    Fortis v Krafton, C.A. No. 2025-0805-LWW (Del. Ch. 2026).

    Fortis Advisors

    Weisdorfer, E. (2024). Transformative play: The legalities of modding in the video game industry. Cybaris, 16, 79-115.

    Check out the OA Linktree for all the places to go and things to do!
  • Opening Arguments

    DOJ Just Convicted Several People of Imaginary Antifa Terrorism

    03/20/2026 | 55 mins.
    OA1245 - Federal prosecutors have just secured the first convictions in US history in which the Department of Justice has brought charges relating to associations with “Antifa,” an organization which demonstrably does not exist. We take a closer look at the plight of the eight defendants convicted on charges relating to a noise protest outside of an ICE detention center in Prarieland, Texas to break down the unusual legal basis for this case, understand how protesters were cast as terrorists, and what this all means for the future of American dissent.
    Then in better news, we take a closer look at the recent bar complaint against one of Trump’s favorite lawyers (and our favorite MAGA characters) and AG Pam Bondi’s efforts to claim that the feds can hold up similar investigations brought by state regulators. Matt explains why this proposed rule is not only obviously illegal but doomed to fail before providing some news you can use in today’s footnote: the official OA guide on how to get away with a $100 million jewelry heist.
    Superseding Indictment #1 in United States v. Arnold (2025)

    Jury verdict in in United States v. Arnold (2025)

    “Meet the Defendants,” DFW Defense Committee website

    “Specification of Charges in the matter of Edward R. Martin Jr.” District of Columbia Board on Professional Responsibility (3/6/2026)

    “Review of State Bar Complaints and Allegations Against Department of Justice Attorneys,” Federal Register (3/5/2026)

    Check out the OA Linktree for all the places to go and things to do!
  • Opening Arguments

    US v Dunn 2 - "If You Spit, We Hit"

    03/18/2026 | 52 mins.
    Hey folks, no video this week so instead I wanted to give you another episode of our new trial over on Gavel Gavel, US v. Dunn! This is episode 2 (we have released 4 on the Gavel Gavel feed, check it out!) Matt takes us through the pretrial motions. It's an interesting episode even as a standalone law breakdown, so check it out!

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About Opening Arguments

Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas! The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!
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