January 8, 2018

Listen to the Episode


From The Official Website:

Today’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!)

Show Notes & Links

  1. 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.
  2. 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.
  3. 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.“
  4. 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.

It's in the Constitution
Law Court Thingies
Magic Law Words






  • [00:00:00] Commerical
  • [00:00:17] Intro
  • [00:02:20] Listener Questions: What's the difference between the Free Press Clause and the rest of Free Speech?
  • [00:06:11] Interview: SciBabe, Yvette Guinevere d’Entremont
    • [00:10:11] "The Unbearable Wrongness of Gwyneth Paltrow"
    • [00:14:05] "David Avocado Wolfe is the Biggest Asshole in the Universe"
    • [00:17:33] Legal standards & defence of defamation
  • [00:27:03] Commerical
    • [00:28:34] Wolfe's first book & plagarism
    • [00:38:28] Things that don't insulate you from defamation
    • [00:35:38] Indemnification clauses
  • [00:48:30] Steve Bannon's Cease & Desist Letter
    • [00:50:28] Litigation Hold
    • [00:51:50] Bannon's NDA
    • [00:57:58] Severability and Reformation Clause
    • [01:01:47] Does the Bannon's NDA cover Michael Wolff?
    • [01:02:14] Injunctive Relief & Prior Restraint
  • [01:04:40] New Patron Tuesday
  • [01:06:04] Thomas Takes the Bar Exam: Break & enter in a snow storm (answer) with Yvette Guinevere D'Entremont
  • [01:13:50] Outro

(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)