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Opening Arguments

Opening Arguments Media LLC
Opening Arguments
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  • Charlie Kirk sucked and we won't be pretending otherwise
    VR 7 - Part 1 of 2. Vapid Response Wednesday has been blessed with a surplus of truly awful takes in the days following the murder of MAGA luminary Charlie Kirk. After a brief reminder of who this man actually was in his own words, we go on to see who has achieved honors in categories ranging from Worst Obituary to Most Pretentious Response and beyond. (Next up: more of the worst, but also some of the best responses to this moment.) You can also watch this episode on YouTube! “Charlie Kirk: The American Socrates,” Owen Anderson, The Blaze (9/14/25) “Je Suis Charlie Kirk,” The Editors, The Free Press (9/12/25) “Charlie Kirk’s Assassination Should Herald the End of the American Left,” John Daniel Davidson, The Federalist (9/12/25) “He May Have Pulled the Trigger But Charlie Kirk’s Suspected Killer Didn’t ‘Act Alone’,” M.D. Kittle, The Federalist (9/12/25) “We must not posthumously sanitize Charlie Kirk’s hateful life," Erin Reed, The Advocate (9/11/25) “Charlie Kirk’s Legacy Deserves No Mourning,” Elizabeth Spiers, The Nation (9/12/25) Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!
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  • Miranda v. Arizona, and the Fascinating Science of False Confessions
    OA1190 - “You have the right to remain silent.” Anyone who grew up on American crime dramas can recite the rest of these famous warnings from memory, but do you know the whole story of Miranda v. Arizona (1966)? In today’s entry in our “Still Good Law” series Matt and Jenessa voluntarily waive their rights, cautiously accept a cigarette and a Styrofoam cup of bad coffee from an alcoholic cop with a dark past, and spill everything they know about the most important criminal case in Supreme Court history. Matt provides the background on Ernesto Miranda’s literal life (and death) of crime and the circumstances of his arrest, interrogation, and appeal to the Warren Court while Jenessa breaks down the science of false confessions and why not just having but knowing our Fifth and Sixth Amendment rights is so important for all of us. Oral arguments and decision in Miranda v. Arizona (1966) Miranda: The Story of America’s Right to Remain Silent, Gary Stuart (2008) Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!
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  • It’s Still the Shadow Docket, Despite Kavanaugh’s Pathetic Rebrand Attempt
    OA1189 - The Supreme Court’s next term may not start until October, but their infamous shadow--sorry, “interim”--docket is in rare form as they issue snap decisions on everything from exactly where one 14-year-old boy can pee to just how openly racist ICE gets to be. Matt and Jenessa review which major precedents the conservative majority is ignoring to enable Trump’s worst policies this week before getting on to some Epstein-related legal updates and a radical new development from the Board of Immigration Appeals with massive implications for Trump’s mass deportation plans.  Finally, Matt drops a footnote to address one of our nation’s least pressing legal questions: is it really true that a wedding in Kentucky can be legally officiated by a dead bear once described as “filled to the brim with cocaine”? SCOTUS order in Trump v. Slaughter  (9/8/2025)  SCOTUS order (with Kavanaugh concurrence and Sotomayor dissent) in Noem v. Vasquez-Perdomo (9/8/25) Matter of Yajure Hurtado, 21 I&N 216 (BIA 2025) Kentucky Revised Statute 402.070  P.S. Matt messed up his audio and is very sorry about it!
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  • LAM1009: My Cousin Vinny
    Just because everything else is terrible out there right now, we treated ourselves to our second consecutive Law’d Awesome Movie. By popular patron demand: it’s My Cousin Vinny! We had a great time talking about this one. Actual New York Italian-American Jenessa Seymour joins to provide dead-ass balls accurate cultural context for one of the greatest Brooklyn couples ever put to film, and Matt shares his perspective as both an actual practicing courtroom lawyer and a guy who is weirdly obsessed with end credits songs that tell you about the movie you just watched.  Thanks again to patrons for this one! My Cousin Vinny, Dale Launer (1992)(full script)(PDF) “‘What is a Yute?’ An Oral History of ‘My Cousin Vinny,’” Andy Greene, Rolling Stone (3/7/22)
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  • Do You Swear You're Not A Subversive Person?
    Continuing their "Good Law" series, Matt and Jenessa talk about Baggett v. Bullitt. This case held that "a State cannot require an employee to take an unduly vague oath containing a promise of future conduct at the risk of prosecution for perjury or loss of employment, particularly where the exercise of First Amendment freedoms may thereby be deterred." Jenessa gives a fascinating science breakdown on cognitive dissonance and what the effect of these vague oaths actually is. It's counter-intuitive and very interesting!
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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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