OA297: Twitter, Emoluments & Labor Unions

<p><!-- wp:paragraph --></p> <p>Today's episode features a grab-bag of stories that have been making the rounds, including the recent ruling out of the Second Circuit regarding Donald Trump's use of Twitter, a setback for our buddy Brian Frosh's efforts to enforce the Emoluments Clauses of the Constitution, and an update on the real-word consequences of the <em>Janus v. AFSCME</em> decision we decry so much around here.</p> <p><!-- /wp:paragraph --></p> <p><!-- wp:paragraph --></p> <p>We begin with the Second Circuit's ruling in <em><a href= "https://knightcolumbia.org/sites/default/files/content/Cases/Twitter/2019.07.09_Opinion.pdf"> Knight First Amendment Inst. v. Trump</a></em><a href= "https://knightcolumbia.org/sites/default/files/content/Cases/Twitter/2019.07.09_Opinion.pdf">,</a> which established that a government official may convert a social media platform such as Twitter into a "limited use public forum," from which he may not block users on the basis of the political content of their speech -- i.e., viewpoint discrimination. <strong>Almost no one understands this decision</strong>; we'll make sure you're one of the lucky ones who do!</p> <p><!-- /wp:paragraph --></p> <p><!-- wp:paragraph --></p> <p>Then, it's time for a breakdown of the 4th Circuit's ruling in <em><a href="http://www.ca4.uscourts.gov/opinions/182486.P.pdf">In re Trump</a></em>, which directs the lower court to dismiss the lawsuit (and pending discovery) against Trump in the lawsuit brought by Maryland and D.C. alleging violations of the Foreign and Domestic Emoluments Clauses. Find out what this case is all about, whether the outcome is reasonable, and what's next.</p> <p><!-- /wp:paragraph --></p> <p><!-- wp:paragraph --></p> <p>After that, it's time for a quick look at the real-world implications of the <em>Janus v. AFSCME</em> decision allowing public-sector union employees to withhold a portion of their dues otherwise allocated for administrative duties under... some crazy right-wing theory that something something something, beca