THE SUPREME COURT WILL SOON DECIDE: If a social media censures you for your viewpoint - does that violate the First Amendment? If laws tell Social Media companies they must publish your viewpoint...is the company's First Amendment rights violated?We all say we want free speech. But if you own a private company can the government tell you what it can and cannot post?  Are social media companies the public square...common carriers...or...private companies that can choose their own content?That is the question before the Supreme Court. In this episode, Bob talks with Supreme Court scholar Eugene Volokh:Facts of the caseThe State of Texas enacted HB 20 to regulate large social media platforms, such as Facebook, X (formerly known as Twitter), and YouTube. The law purports to prohibit large social media platforms from censoring speech based on the viewpoint of the speaker.NetChoice and the Computer & Communications Industry Association filed a lawsuit against the Attorney General of Texas, challenging two provisions of the law as unconstitutional: (1) Section 7, which prohibits viewpoint-based censorship of users’ posts, except for content that incites criminal activity or is unlawful. (2) Section 2, which requires platforms to disclose how they moderate and promote content, publish an "acceptable use policy," and maintain a complaint-and-appeal system for their users.The district court issued a preliminary injunction, holding that Section 7 and Section 2 are facially unconstitutional. The court argued that social media platforms have some level of editorial discretion protected by the First Amendment, and HB 20 interferes with that discretion. On appeal, the U.S. Court of Appeals for the Fifth Circuit reversed, rejecting the idea that large corporations have a “freewheeling” First Amendment right to censor what people say. It reasoned that HB 20 does not regulate the platforms’ speech but protects other people’s speech and regulates the platforms’ conduct.Question:Do Texas HB 20’s provisions prohibiting social media platforms from censoring users’ content and imposing stringent disclosure requirements violate the First Amendment?Our guest:Eugene Volokh teaches First Amendment law and a First Amendment amicus brief clinic at UCLA School of Law, where he has also often taught copyright law, criminal law, tort law, and a seminar on firearms regulation policy.Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.Volokh is the author of the textbooks The First Amendment and Related Statutes (6th ed. 2016), and Academic Legal Writing (5th ed. 2013), as well as over 90 law review articles. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a leading legal blog. His law review articles have been cited by opinions in eight Supreme Court cases and several hundred court opinions in total, as well as several thousand scholarly articles.

In Arizona, the 'Gilbert Goons'  have grabbed headlines - sending fear and concern throughout a traditional suburban community - a case where teens are charged with violently attacking others.When things like this occur, one of the overlooked aspects of the legal system is this: THE LIABILITY OF THE PARENTS.The assets of the parents of the alleged assailants are often highly at risk.  Is That Even Legal?Meet Asset Protection guru Ike Devji. His clients have seven billion dollars under his guiding hand.  In his interview with the incredible Bob Sewell,  Here are some highlights:From the moment you become a parent, your risk profile changes, and it is never too soon to consider asset protection.Often, the children of affluent parents have access to choices and property that can elevate risk for their parents.Parent's should always we aware of their insurance coverages, their business interests and risks and explore legal advice on how to protect their assets.Your child may never cause an accident, join a group of "goons," or otherwise incur large financial risk for your household, but those who are prepared, preserve their wealth, says Ike.

The rules appear uneven. The outcomes seem almost random. But what happens when a doctor, a dentist, a nurse, etc., makes a mistake...or is negligent? Can they practice or do they go to jail?  In this episode, you are going to hear some wild stories... If you are a professional...what do you do? If you are a consumer, how do you protect yourself?Bob explores the razor-thin line between human error and negligence in the healthcare industry with professional license lawyer and industry expert David Williams. We take you on a journey through the complexities of healthcare licensing, where the fate of professionals hinges on the decisions of regulatory bodies. The contrast between an Arizona dentist who maintained his practice despite a history of complaints, and a Tennessee nurse facing severe penalties for a single mistake sets the table for our conversation.We tackle the arduous process healthcare workers endure to obtain and retain their licenses, and the psychological warfare they face under the scrutinizing eyes of licensing boards. Our guests shed light on the self-corrective mechanisms within the industry, revealing the delicate balance between upholding patient safety and supporting the well-being of medical practitioners.What do you do if you are a practitioner and you have a complaint? Make a mistake?  How can consumers protect themselves, report mistakes?Listen now.

No matter what side of the political spectrum you fall. And whether you think the former president should be on the 2024 ballot or not. Tomorrow's Supreme Court consideration of the Insurrection Clause is historic. We could not let it happen without taking a look.In this interview, Bob interviews constitutional expert Ilya Somin, a professor at George Mason University. What follows is an engaging exploration into the 14th Amendment's insurrection clause and its potential repercussions for Donald Trump's political future. As the Supreme Court deliberates, we dissect the amendment's historical roots, established to curtail post-Civil War insurrectionists, and scrutinize its relevance in the wake of the January 6th Capitol siege. The conversation traverses the terrain of past rebellions and posits how the Capitol breach stands in comparison, offering an intricate understanding of the constitutional definitions at play.  We take no side in this fight and the professor's views are his own.Navigating the murky waters of what constitutes presidential support for an insurrection, we scrutinize Trump's actions on the fateful day, incljuding the implications of his response—or lack thereof—to the Capitol breach. The episode peels back the layers of constitutional ambiguity, addressing the complexities of determining engagement in insurrection, and how these gray areas resonate with our democracy's fundamental themes. Through Somin's expert (and, admittedly partisan) lens, we shine a light on the bearing this case could have, considering the unique dynamics of a former president and current political figurehead's eligibility for office.Focusing on the electoral eligibility mechanisms, the dialogue turns to the influential role of Secretaries of State and the judiciary's part in protecting our electoral sanctity. Through historical references like the challenge to Ted Cruz's eligibility, we emphasize the importance of checks and balances within our legal system. The episode wraps with insights into the potential for the highest court to interpret both legal and factual findings, particularly in defining insurrection—and what it means to engage in it. For those drawn to the interplay of law and democracy, this episode is an invitation to witness a deep-dive into one of the most pressing legal debates of our time.

Covenant marriage recently made headlines when the new Speaker of the House took his position in Washington, D.C. He has one, and so the media tried to figure out just what it was.They painted covenant marriage as quirky and as weird as they could make it, but the law’s roots are based in a good intention...try to stem the tide of divorces across the land. "No-Fault" divorce laws are blamed by some for the dwindling permanence of what once was one of our most cherished relationships...the institution of marriage. So, "covenant marriages," were invented in some states as a legal way to try to “help” couples stay together, with the state getting involved. If you made marriage covenants, are you in a covenant marriage?  Listen in to find out.As with most laws Bob examines, there are lots of unintended consequences when the government tries to solve something through laws. Divorce law guru and law firm partner Melissa Benson makes her debut on the show to answer the questions. Covenant Marriage: Do you have one? Should you have one? What happens if it blows up?

When cities lets homeless camps spiral out of control...who are they serving? A constitutional scholar and law professor is suing big cities on the premise of nuisance laws...and he is winning. In one instance, his action cleared a massive homeless encampment in Phoenix, known as "the zone." Listen in as Bob spars with our special guest, constitutional expert and author, Ilan Wurman. We delve headfirst into the legal complexities and human disaster is homelessness and inadvertent implications of old court decisions.Listen as we expose what the court found was a city's negligence in enforcing laws against public camping and sleeping, leading to the unfortunate living conditions of up to a thousand individuals, struggling with issues ranging from drugs and violence to human waste. Discover how public nuisance lawsuits are being used to address the crisis without adding to the criminalization of homelessness.  We are reminded the pervasive role of addiction and mental illness in the homeless scenario.Will we see nuisance lawsuits nationwide?  Gain insights into this ripple effect and the fierce stance of organizations like the ACLU against the removal of homeless camps. We discuss if it's high time for cities to prioritize the well-being of their residents over lawsuit fears. Spoiler alert, it is.This is a cutting edge episode you don't want to miss.

It does not matter what your political position may be or how you vote. No matter your views, you probably feel that there is WAY TOO MUCH CORRUPTION  - those who use taxpayer dollars to enrich themselves.Is That EVEN LEGAL?  Of course not.  The question is, what can be done about it. Can the law curtail corruption?In this episode, join Bob as we reach into the Mississippi Attorney General's race, where one candidate has made fighting public corruption a hallmark of her campaign. We don't endorse candidates, and we certainly offer equal time to Greta Martin's opponent, but Mississippi's high profile case involving the use (or misuse) of $90 million earmarked for needy families - YOUR TAX DOLLARS, was a good exhibit A of what corruption looks like. Brace yourselves as we delve into a shocking tale of corruption that has rocked the state of Mississippi! It's a microcosm of corruption country-wide. Imagine a system where the rule of law is upheld and those in power are held accountable? Is it a fantasy...or can Attorney Generals actually make it happen?Give a listen as we venture into the thorny terrain of prosecution and jurisdiction in Mississippi, probing how concurrent jurisdiction could be employed to prosecute those implicated in this sordid saga. We ponder the potential of unearthing more crimes beyond the $77 million fraud and question why the state's political system has been allowed to operate  seemingly unchecked for so long. Related reading: https://apnews.com/article/mississippi-welfare-scandal-brett-favre-dd447fa50d4e67b963f59de42fe5dc3fhttps://apnews.com/article/sports-legal-proceedings-scandals-brett-favre-mississippi-d0ae88cc6727fd74b4686fb09d9e7dcc

Join us in a deeper exploration as amazing New Mexico Estate Planning lawyer Stephanie Woods and I delve into the convoluted legalities surrounding the true story of Michael Oher, whose life journey inspired the Hollywood blockbuster, 'The Blind Side.' In this episode, we critically examine the peculiar conservatorship held by the Tuohys - his guardians, and the baffling circumstances surrounding his supposed "adoption." Recent developments have emerged post our recording, shedding more light on this complex tale.The narrative takes a new turn as a Tennessee judge recently announced the termination of the conservatorship agreement between Michael Oher and the Memphis couple who had taken him in during his high school years. While this decision marks the end of the conservatorship established in 2004, it opens a Pandora's box of financial disputes which continue to linger. The heart of the matter lies in Oher's claims that the Tuohys had misrepresented the conservatorship as an adoption, leading him to believe in a familial bond that legally, never existed. Further, he alleges that this misrepresentation allowed the Tuohys to control his finances, using his name, image, and likeness for their enrichment.Listen in as we navigate through the legal intricacies of conservatorships, adult adoptions, and the significant implications surrounding solid estate planning. Michael's case underscores the potential financial repercussions when such legal arrangements are not adequately addressed or understood. Despite the termination of the conservatorship, Michael's fight for a thorough accounting and rightful compensation of the finances earned off his name and story forges on, unraveling more questions on the ethical and legal aspects of conservatorships and adult adoptions.

Ever wondered what happens when a loved one passes away without a will and the repercussions it can have on a family? Join us as we shed light on the little-known term 'intestacy' and unravel the bitter dispute between the sons of music legend Aretha Franklin over her multi-million-dollar estate. Our esteemed host Bob Sewell, plays guest this time and the amazing David Williams is our host. Both are partners in the law firm of Davis Miles. Bob offers his legal expertise on the topic, giving us a firsthand account of how intestacy laws work and the role of the state government in such matters. In the second part of our conversation, we explore the often-underestimated power of mediation in resolving family disputes. Bob shares his rich experiences as a mediator, enlightening us on how this often overlooked tool can be used to not only resolve disputes but also preserve treasured family relationships. We delve into the role of the mediator and why it's better to settle disputes rather than leaving the decision to a judge. Bob's gives a unique perspective on family disputes and how they can be managed while minimizing the emotional trauma they often inflict on relationships. Tune in, as we navigate the intertwining worlds of family, law, and money.

From the Society of Human Resource Management (SHRM):"Gerald Groff, a former postal worker, sued the U.S. Postal Service (USPS) for failing to accommodate his religious practice. Groff is an evangelical Christian who observes a Sunday Sabbath, meaning he doesn't work on that day. Although the USPS does not deliver mail on Sundays, it does have a contract to deliver packages for Amazon, which includes Sunday deliveries. The USPS sought co-workers to voluntarily cover Groff's Sunday shifts and imposed progressive discipline for his absences. Eventually, Groff resigned."He lost his lawsuit twice, with lower courts ruling that the Postal Service accommodating his Sunday off would cause undue hardship for his employer and co-workers. However, the Supreme Court had a different perspective.Justice Alito wrote: "A hardship that is attributable to employee animosity towards a particular religion, to religion in general, or to the very notion of accommodating religious practice, cannot be considered undue. Bias or hostility towards a religious practice or accommodation cannot supply a defense."Employers, take note: Your bar for religious accommodation may have just been raised significantly.Delve into the intricate world of employment law with our guest, Jennifer Wasserman, an authority in the field, as we dissect landmark decisions and their profound implications for religious accommodation in the workplace. Ever wondered how the 1964 Civil Rights Act is interpreted in the context of religious accommodation? You're about to get the details.In this insightful discussion, Jennifer and your affable, unique host Bob Sewell analyze the Supreme Court case of Groff v. United States Postal Service, revealing the layers of legal expectations for employers. We also highlight the role of seniority systems in shift changes and the concept of 'reasonable accommodation.'

Is there a mental health crisis drowning the legal profession? Is there a higher level of depression, anxiety and alcoholism among those licensed to defend our laws and freedom than other areas of the population? If so, does it impact society as a whole?And...what can be done?Our guest, Claire Parsons, an employment attorney and mental health expert. Claire weighs in on the intricate ways attorneys grapple with mental health issues, and the crucial role of self-care. With Claire's expertise, we navigate the powerful tools of mindfulness and compassion, revealing how they can bolster lawyers' capabilities and manage stress whilst dealing with challenging individuals. The conversation takes an even more critical turn as we uncover the silent enemy of isolation and substance abuse that lurks behind many legal professionals' facades. The magnitude of these issues on an individual's mental health is substantial, emphasizing the pressing need for open conversations and support within the legal community and beyond. Because, as our listeners know...the law impacts everyone. As advocates for mental wellness, we bring to you the Surgeon General's guidelines for workplace mental health, underlining the importance of a supportive work environment where employees feel safe to seek help. The power of social support in handling stress is undeniable, so listen and get involved in easing this challenge.

What if our daily interactions with AI could expose our deepest secrets? Imagine having a conversation with an artificial intelligence system that feels like you're talking to a real person. Join us, Bob Sewell and Mike Carey, as we explore the fascinating and sometimes frightening realm of AI and its potential effects on our privacy and security.We'll also discuss the future of antitrust laws, monopolies, and maintaining fair competition in the marketplace. Plus, we'll touch on the mental health crisis in the legal profession and the urgent need for change. And don't miss our quest to find the surf law expert who can help us navigate the intriguing world of surf law in beach towns across the globe. Remember, we're not offering legal advice, but we're here to help you make sense of this complex world.

Ready to dive deep into the nitty-gritty, the good, the bad, and the downright stinky? Join your favorite host Bob Sewell and civil litigation maestro, Marshall Hunt, as we take you on a wild journey through the unexpected and surprisingly compelling world of...you guessed it...dog poop! In this episode, we're not just talking sh*t, we're discussing the real legal ramifications tied to those little brown 'presents' left behind by your favorite furry friends.Can you sue your neighbor when his pet soils your lawn repeatedly? Can you be arrested for your pet's waste?Together, we'll scoop up the facts about how Arizona is taking a firm stance against poo-littering pet parents. Don't know your obligations when your pooch poops? We've got you covered, as we 'doggie bag' all the need-to-know details, including the hefty fines that might be hiding in those not-so-secret deposits.But it's not all bad news and 'dirty' talk; we're also digging into the exemptions for those with disabilities. We'll explore the responsibilities and rights of service animal owners in our canine-caring community.Don't let the subject matter fool you - this isn't just a stinky situation, it's a fascinating exploration into the intersection of pets, law, and civic duties. So, leash up your curiosity, fetch your headphones, and let's get ready to roll in some seriously intriguing insights!Grab your poop bags, folks! It's time to take a walk on the wild (and wonderfully woofy) side of pet law in Arizona. Hold your noses - it's going to be an informative, engaging, and surprisingly fun ride! So, sit back, relax, and get ready to get the 'scoop' on the legalities of dog poop. Trust us, this is one conversation you won't want to 'leave behind'!This idea was provided by a subscriber!  Thank you, N.J.!*** Listeners please note…the show makes reference to a Supreme Court case involving a dog toy…that is labeled as dog poo…which prompted a trademark infringement lawsuit from Jack Daniel’s. (Give this show a listen…you’ll understand!!!) Our point was that this subject can get so weighty the nations highest court is not above dealing with it. We didn’t tackle the trademark law nuance, but if you’re interested…our friends at the Wilson Sonsini law firm have the goods here. The case was decided a couple of days after our recording. A bad verdict for the doo doo folks: https://info.wsgr.com/index.php/email/emailWebview?md_id=15013

Hey hey, AI...is this where privacy comes to die? There is more to these pixels...than meets the eye! Artificial intelligence maybe taking your privacy!Last time Bob had Mike Carey on the show, he assured us that robots would not take over the law for at least five years. Now, chatGPT has taken the world by storm and virtually everyone has head of it...if not already used it. But when you ask it a question you may be exposing private data about yourself. And, AI likely already knows all about you anyway. Is That Even Legal?  Lawmakers, scientists, and many others are very concerned about AI...but everyone also loves it!  What's next?Listen in as Bob and AI guru Mike talk about the present and possible future dangers of AI to your privacy.  But first....here's a description of the show as written by a robot (in less than a minute --- the show 43 minutes long!):In this podcast, the speakers discuss the issues related to AI privacy. They talk about how AI is being used in various industries to improve efficiency and productivity but also raise concerns about the privacy of data. They explain how AI algorithms work by analyzing large amounts of data, and if this data is not protected, it can be misused by cybercriminals. The speakers also discuss the importance of AI privacy regulations and how governments are working to implement them. They talk about the European Union's General Data Protection Regulation (GDPR) and how it has set a standard for data privacy regulations worldwide. They also discuss the challenges of implementing such regulations and the need for collaboration between governments, businesses, and individuals to protect personal data. Overall, the podcast emphasizes the importance of AI privacy and the need for individuals to be aware of their rights to privacy and take steps to protect their personal information.

From Politico: There have been 27 different bills proposed across 16 states pushing for kids’ privacy and safety regulations by February of this year, according to analysis from the Future of Privacy Forum. Many of these bills share similarities, like banning targeted advertising to children, or banning addictive designs from social networks. Numerous states are taking up kids’ online safety bills this year, a handful are including parental oversight requirements as part of their strategy. Lawmakers in Maryland and California have proposed such regulation. Utah last month wrote it into law.But, in trying to protect children by requiring  that their parents oversee their social media use...and requiring that socials ASK children to prove they are children...thereby divulging private information...are the laws designed to protect minors actually going to infringe on the privacy of those minors?Bob wanted to know!   He invited Romaine Marshall, one of the country's top cybersecurity and privacy lawyers to join the show...Romaine happens to be HQ'd in Utah...and has been a dad to a teenager...who best to ask about these types of laws...and what they mean for privacy going forward.BUT WE COULDN'T STOP THERE...Because computers control everything in our society...from power grids to watersheds to traffic systems...cybersecurity is critical to our country's safety...and Romaine has been busy protecting  the world from bad hackters...listen in.

When "Swifties went through the wringer to get tickets to Taylor Swift's  "The Eras Tour," one among them was not about to "Shake it Off," when she saw what she thought was a potential pattern of fraudulent behavior and antitrust violations by Ticketmaster. That fan was attorney Jennifer Anne Kinder. Kinder is one Swifty who is now saying to the ticket-selling behemoth..."Look What You Made Me Do," launching  lawsuits, websites and a social and traditional media campaign to #takedownticketmaster.  Bob, ever on the lookout for inadequate antitrust regulation or enforcement...and like all of us...LONGS for the days when concerts were affordable enough to enjoy frequently...asked Jennifer to join him to sort out the issues.  What started as a way to shut out scalpers, she says, has resulted in complete reduction in power for the average consumer in the live entertainment ecosystem.   And Kinder is not stopping with Swift fans...having also sued on behalf of fans of Beyonce. Look for more action on behalf of heavy metal, classical, EDM, & rap fans. Sounds like some real “Vigilante Sh*t!”  Listen In!More articles:Sorry, There's No Such Thing as a “Fair" Ticket Price in an Age of Income Inequality, Consequence of Sound, March 27, 2023.Senate Judiciary Committee sends warning to Ticketmaster over Beyoncé tour tickets, The Hill, February 2, 2023.Justice Dept. Is Said to Investigate Ticketmaster’s Parent Company, New York Times, January 24, 2023.Live Nation subsidiaries got millions in aid meant for independent venues, Washington Post, May 22, 2022.Live Nation, a company behind Astroworld, has a long history of safety violations, NPR, November 8, 2021.U.S. and Plaintiff States V. Ticketmaster Entertainment Inc. and Live Nation, Inc., The United States Department of Justice, January 28, 2020.Ticketmaster / Live Nation merger: Azoff and Rapino talk paperless ticketing, dynamic pricing, Ticket News, September 10, 2009. (Note: dynamic pricing was always the goal!)Big Music vs. Fans and Artists, New York Times, February, 8, 2009.

According to Investopedia...which ranks and reviews a whole range of financial services and products, LegalShield was the top overall "online legal service," in the U.S. in 2022.What is an online legal service and why does that matter?  Should you use one?Recently LegalShield named a new CEO. Warren Schlichting is a veteran technology and media executive with experience at places such as Sling TV and Dish Network.Bob wanted to meet Warren, learn more about his plans for LegalShield and talk about the future of legal services...and how this company fits in.More and more, consumers and businesses are understanding that traditional legal service delivery models are not only outdated, but they don't serve a large portion of the public.  How much does LegalShield address these issues?Listen in!

There's a reason movies like Knives Out...and Glass Onion are so popular. Human nature never comes more to the surface then at the time of a death...particularly if there is an e$tate involved!How realistic are those movies? Is there really a will reading? Can there really be a dramatic change of plans at the last minute?Come learn about the probate process as Estate Planning lawyer and podcast guest host extraordinaire (yes she does have a "knife out" for Bob's job...) Sarah Clifford interviews the master himself...BOB! Taking him through the dramatic scenes and circumstances of the Knives Out movie to see what is really real and what is fiction.Bob, whose aspirations include the movie business himself...is a seasoned probate litigator who prides himself on telling his clients...and his listeners in 86 countries...exactly how it is. So come get the real script.While it is not necessarily true to the movies, Bob says probate litigation rarely lacks drama and often is full of sex, drugs, and rock and roll.Listen in!

Every day we encounter the law. Sometimes we need a lawyer. Often, accessing quality legal assistance - truly good lawyers who know what they are doing, backed by the resources of a law firm - is beyond the resources of the everyday person or podcast listener. What is there to do?Millions of Americans and Canadians have filled this gap by becoming members of LegalShield or finding other ways to access lawyers. When someone has this service...where they can call in and talk with a lawyer,  what is it like to be a lawyer handling those calls?Do those lawyers get results?  Bob talks to access to justice warrior Ingrid Carlin, who has been helping people for years, to get the real life stories of the law helping real people.Listen in!!

Ever wonder how those incredible movies get financed?  How all the deals go together?  How your favorite stars get paid?Ever wonder what happens to all those amazing endorsement deals when an entertainer goes a little cray, commits a crime, or embarrasses himself and all the brands he represents?Do the music and movie stars really put a lot of crazy things in their contracts?One of the biggest trials of 2022 was the Johnny Depp/Amber Heard trial (which spawned a movie in and of itself).  How will Depp rehabilitate his brand? Is it possible?In this episode Bob interviews the lawyer working on his latest project, Bianca Goodloe...who has more movie credits as a lawyer (think projects like Lord of the Rings Trilogy, Harry Potter) than most actors! Also joining in this blockbuster episode is attorney Caroline Mankey, another Hollywood lawyer who represents motion picture studios and production companies, major media companies, film libraries, actors, comedians, television personalities, musicians, and artists.Now the real question...Can these amazing guests get Bob in a movie?  Listen in to find out!