What’s the difference between a campaign contribution and a bribe? More than the Sixth Circuit seemed to think. Or so argues Paul Sherman of IJ about a recent appeal of a bribery prosecution of a Cincinnati city councilmember. The councilmember was speaking to a developer and asking for a contribution. Unknown to him, the developer was working with the FBI and wearing a wire. They had some conversations about contributions and approving projects that were very confusing and also raised important First Amendment concerns. The court split 2-1 on whether his conviction was OK with three interesting opinions. Then we move on from bribery to iPhone use. By cops. Who use an iPhone to look into a car’s window. Was that a search? IJ’s Bobbi Taylor discusses a Second Circuit case that said it was not and neither was the touching of the car a seizure. It’s an interesting Fourth Amendment case where the court applies a famous case of Justice Scalia’s about searches and modern technology. The “reasonable expectation of privacy” test comes up as does the complete mess that the Fourth Amendment finds itself in these days.
Recent Episodes
Short Circuit 441 | Rights for Listeners
We often hear of the right to speak. But what about the right to listen? The Ninth Circuit just reaffirmed that listeners have First Amendment […]
Listen NowShort Circuit 440 | The Mystery of Academic Freedom
Florida, man. Always fun when we touch base with the latest culture war issues in the Sunshine State. Which usually means we’re talking about the […]
Listen NowShort Circuit 439 | Adams, Jefferson, and The Declaration
Tim Sandefur joins us to discuss his latest (and tenth!) book “Proclaiming Liberty,” all about the Declaration of Independence, John Adams and Thomas Jefferson, and […]
Listen NowShort Circuit 438 | The Strike Zone for Ultra Vires
If you like stories of co-workers showing up at your door at night and threatening you and your family then we have the episode for […]
Listen Now