October 15, 2018

Listen to the Episode

From The Official Website:

Today’s (thankfully) Kavanaugh-free episode — in honor of Thomas’s appearance at QED in Manchester — takes an in-depth look at the Ashers Baking Co. case, as well as developments at the state level to push for Net Neutrality. Oh, and we revisit OA’s favorite legal genius, Stormy Daniels. Strap in, it’s going to be a fun ride!

We begin with a lengthy discussion of the UK Supreme Court’s ruling in Ashers Baking Co., which has been called the “Masterpiece Cakeshop of the UK.” Is that accurate? Listen and find out!

Next, we walk through California’s effort to protect Net Neutrality in that state, and the lawsuits filed by parties on all sides. What’s going to happen? We tell you!

Finally, we take a brief look at Stormy Daniels and update you on the status of her lawsuit in California.

And then, of course, we end with an all new Thomas (and Chad) Take The Bar Exam #97 regarding the tort of negligent misrepresentation.

Show Notes & Links

  1. Click here to read the UK Supreme Court’s ruling in Ashers Baking Co.
  2. We first discussed the Trump FCC’s decision to roll back Net Neutrality in Episode 125. You can read the 22-state lawsuit challenging that order here.
  3. This is California’s Bill SB-822, and you can also check out the industry brief filed in the lawsuit challenging it. Oh, and if you need more Hobbs Act (28 U.S.C. § 2342) in your life, we’ve got you covered.
  4. Finally, click here to check out Trump’s motion to dismiss Stormy’s lawsuit, and here to read her interview in “The Cut” (??) where she regrets body-shaming Trump.

Law Talkin' Stuff

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






  • [00:00:00] Intro
  • [00:02:30] Deep Dive: UK cake shop case
    • [00:06:45] How it would play out in the US
    • [00:10:15] The complaint
    • [00:13:00] The outcome
    • [00:28:14] Commercial
  • [00:31:04] Net Neutrality
    • [00:34:30] California’s Bill SB-822
    • [00:37:30] Zero rating offer
    • [00:41:00] Preemption
    • [00:43:50] When preemption does not apply
    • [00:50:30] Hobbs Act
  • [00:57:28] Stormy Update Stormy Daniels lawsuit update
  • [01:07:00] New Patron Tuesday
  • [01:09:50] Thomas Takes the Bar Exam: Tort about emotional distress (answer)
  • [01:14:23] Outro
  • [01:16:08] Out Takes

(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.)