Season 6, Episode 36 (Show 298): Get Off My Plane – Guests Eugene Volokh and Vikram Amar

September 30, 2026

Press organizations thrown out of the White House, and the Eight Circuit back at the Supreme Court again.  We have two experts for you on these two matters this week.

CLE Credit Available for this episode from podcast.njsba.com.

The President has been throwing news organizations out of various places: the White House in general, including the Press Room, and Air Force One.  Can he do that?  Does it matter why he is doing it?  Has this come up before?  Is it a  constitutional matter?  We welcome a leading First Amendment expert, Professor Eugene Volokh, to the podcast to discuss.  Meanwhile, the Eight Circuit wasn’t quite ready to fade into the night, so they emerged one more time with the attempted congressional election districting map.  The Supreme Court spoke quickly, clearly, and in one voice, and Professor Vik Amar is back as a guest to explain the significance – and the vehemence – of the Court’s words.  Never a dull moment as the supposed off-season comes to a close and September ends.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.

Click to go to the website for CLE credit

Associated Press v. Budowich (2025)

A case from the DC Circuit, discussed by Professor Volokh, on issues relating to the press on Air Force One and elsewhere.

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Richmond Newspaper v. Virginia (1980)

A 1980 case, argued by Professor Tribe, wherein the public’s right to a public trial is discussed in important footnotes.

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People Not Politicians, et al. v. Robert Onder (2026)

The Supreme Court smacks down the Eighth Circuit for what presumably is the final time in this case, with language that, ringing or otherwise, no doubt is ringing in the ears of that lower court.

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Important Takeaways From the Missouri Districting Debacle - Vikram D. Amar

Professor Vik Amar lays out, thoroughly, the issues and subtleties in the Supreme Court’s per curiae opinion in the Missouri redistricting case.  From Verdict by Justia.

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