

Opening Arguments
Opening Arguments Media LLC
Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas!
The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!
The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!
Episodes
Mentioned books

Apr 3, 2026 • 1h 10min
Trump's Birthright Citizenship Arguments Were Laughed Out of Court
A lively breakdown of the Supreme Court oral argument over Trump’s bid to limit 14th Amendment birthright citizenship. They trace how Wong Kim Ark looms as the decisive precedent and unpack the government’s domicile and historical-source strategies. The discussion highlights probing questions from multiple justices and why the theory faces steep practical and doctrinal hurdles.

Apr 1, 2026 • 49min
LAM1012: The Juror - Preview
This LAM was so much fun I wanted to make sure everyone could hear it! Well, at least a good chunk of it anyway. If you'd like to hear the rest, head to patreon and hit that $2 level or above! If you love the 90s, and peak Alec Baldwin, you will love this one. And Thomas did. As usual, Matt read the book. And Lydia can remember people's names. Everyone is bringing their best to this LAM!

7 snips
Mar 30, 2026 • 1h 1min
Subnautica Part 2 - It Does Not Go Well for Idiot Krafton CEO
Janessa Seymour, legal analyst and video game contract expert, breaks down Fortis v. Krafton and the Subnautica 2 fight. She walks through the judge’s blunt rejection of Krafton’s post-hoc defenses. Short, sharp takes on specific performance, mend-the-hold, data-download claims, and why the court reinstated the CEO and extended deadlines.

11 snips
Mar 27, 2026 • 44min
Social Media Is a Defective Product
A recent jury finding that social platforms can be treated as defective products sparks a legal deep dive into addictive design, algorithms, and autoplay. The show contrasts product-liability theories with Section 230 defenses and explores fraud and youth-targeting claims. It also examines ICE’s airport deployments, 287(g) reimbursements that deputize local cops, and a judge’s exhaustive review of a romantasy plagiarism dispute.

9 snips
Mar 25, 2026 • 1h 30min
Pete Hegseth's books are racist trash written in crayon. We've got some highlights for you.
The hosts read and roast two of Pete Hegseth's books, highlighting xenophobic and crusade-themed rhetoric. They trace links between his tattoos, symbolism, and white supremacist imagery. The conversation pivots to hawkish media narratives and past foreign policy failures. Tension builds around calls for unchecked violence and Christian framing of geopolitics.

Mar 23, 2026 • 54min
Idiot CEO Used ChatGPT to Try to Screw Over Subnautica Creators
OA1246 - Part 1: “The AI was nicer about it” and other reasons I ignored my lawyer: the Subnautica 2 story ChatGPT cannot warp space-time to make you un-sign that contract. Unfortunately for video game publisher “Krafton”, the world’s-best-cheerleader will instead gently tell you that your intention to break an air-tight contract without illegally breaching it will be difficult, and then give you a plan to try anyway. Team of lawyers screaming “please god stop” be damned. The plan worked great, right up until it hit a judge. Developer “Unknown Worlds”, creator of the hit game “Subnautica” just won a substantial victory for breach of contract against Krafton, securing the reinstatement of their own CEO, and probably a massive bonus in the process. In part 1, Jenessa walks us through the story of how Unknown Worlds was formed, why they sold to Krafton, the terms of the contract, how the relationship went south, and why “Subnautica 2” got delayed. Tune in to part 2 to hear how the lawsuit was decided. Fortis v Krafton, C.A. No. 2025-0805-LWW (Del. Ch. 2026). Fortis Advisors Weisdorfer, E. (2024). Transformative play: The legalities of modding in the video game industry. Cybaris, 16, 79-115. Check out the OA Linktree for all the places to go and things to do!

Mar 20, 2026 • 55min
DOJ Just Convicted Several People of Imaginary Antifa Terrorism
OA1245 - Federal prosecutors have just secured the first convictions in US history in which the Department of Justice has brought charges relating to associations with “Antifa,” an organization which demonstrably does not exist. We take a closer look at the plight of the eight defendants convicted on charges relating to a noise protest outside of an ICE detention center in Prarieland, Texas to break down the unusual legal basis for this case, understand how protesters were cast as terrorists, and what this all means for the future of American dissent. Then in better news, we take a closer look at the recent bar complaint against one of Trump’s favorite lawyers (and our favorite MAGA characters) and AG Pam Bondi’s efforts to claim that the feds can hold up similar investigations brought by state regulators. Matt explains why this proposed rule is not only obviously illegal but doomed to fail before providing some news you can use in today’s footnote: the official OA guide on how to get away with a $100 million jewelry heist. Superseding Indictment #1 in United States v. Arnold (2025) Jury verdict in in United States v. Arnold (2025) “Meet the Defendants,” DFW Defense Committee website “Specification of Charges in the matter of Edward R. Martin Jr.” District of Columbia Board on Professional Responsibility (3/6/2026) “Review of State Bar Complaints and Allegations Against Department of Justice Attorneys,” Federal Register (3/5/2026) Check out the OA Linktree for all the places to go and things to do!

Mar 18, 2026 • 53min
US v Dunn 2 - "If You Spit, We Hit"
Hey folks, no video this week so instead I wanted to give you another episode of our new trial over on Gavel Gavel, US v. Dunn! This is episode 2 (we have released 4 on the Gavel Gavel feed, check it out!) Matt takes us through the pretrial motions. It's an interesting episode even as a standalone law breakdown, so check it out!

Mar 16, 2026 • 53min
Ballots Seized in Georgia? Voting Chaos in Dallas? Here’s What to Make Of It.
OA1244 - More election news updates. What the heck happened in Dallas? How is hunting for fraud in Georgia still a thing? Why is the DOJ trying to get non-public voter data from the states? There’s smoke. There’s fire. But it might not be coming from the places everyone is looking. Jenessa helps us focus our concerns in the right direction, and maybe calms our nerves just a bit. Georgia court documents Affidavit: https://storage.courtlistener.com/recap/gov.uscourts.gand.355087/gov.uscourts.gand.355087.22.2_3.pdf Search warrant: https://storage.courtlistener.com/recap/gov.uscourts.gand.355087/gov.uscourts.gand.355087.1.5_1.pdf Order to unseal documents: https://storage.courtlistener.com/recap/gov.uscourts.gand.355087/gov.uscourts.gand.355087.9.0.pdf Cline, S., Swenson, A., & Riccardi, N. (Mar. 3, 2026). Change in primary voting rules leads to confusion in 2 Texas counties as voters are turned away. ABC 13. Democracy Docket (Mar. 3, 2026). Texas Dallas County polling hours extension request. Rose, S. (Feb. 3, 2026). Thousands of ballots seized in GA. Here’s how it will affect voter info, how you can protect yours. Ledger-Enquirer. Fowler. S. (Feb. 11, 2026). The FBI seizure of Georgia 2020 election ballots relies on debunked claims. NPR. Duster, C. (Oct. 5, 2024). Can someone find out who you voted for? No. Here is what you should know. NPR. Sherman, A. (Feb. 1, 2022). A claim about serial numbers on ballots is misguided. Politifact. Dawsey, J., Volz, D., & Gurman, S. (Jan. 29, 2026). Spy chief Tulsi Gabbard is hunting for 2020 election fraud. Wall Street Journal. Kaplan. A. (Jan. 16, 2026). LindellTV host Emerald Robinson claims Patrick Byrne “got called in to the white house”. Media Matters for America. Clark. D.B. (Feb. 9, 2026). The conservative researcher being linked to the FBI’s seizure of election records in Georgia. ProPublica. ACLU New Jersey (Mar. 4, 2026). Civil rights groups, New Jersey voters file motion to protect voters’ privacy. Biryukov, N. (Feb. 27, 2026). Trump administration sues New Jersey for voters’ private information. New Jersey Monitor. Check out the OA Linktree for all the places to go and things to do!

Mar 13, 2026 • 58min
Trump’s DOJ Lets Ticketmaster off the Hook for No Reason
OA1243 - The lawsuit that was supposed to break up Ticketmaster and Live Nation’s obvious monopoly over live music throughout the U.S. has just ended in a settlement so surprising that even DOJ’s lead counsel didn’t know it was happening. Is this deal as bad as it looks? What does it mean for the future of live entertainment, and what will happen if the dozens of states which joined the feds in this case don’t sign off on it? Also: An insurance company sues ChatGPT for telling someone to fire their lawyer, the first (known) instance of a DOJ lawyer writing a brief with AI, and Kristi Noem’s Marvel-ous new job. Finally in today’s footnote--did thousands of people really just bet on the death of Ayatollah Ali Khameni? We take a closer look at the legal basis for “prediction markets” like Kalshi and Polymarket. Statement of Objection to Ticketmaster Live Settlement, Matt Cameron (Nov. 30, 2011)(Matt’s actual filing into the 2011 Ticketmaster litigation demanding a handle of Jack Daniel’s and “a personalized letter drafted and personally signed by Ticketmaster CEO Nathan Hubbard which contains at least two (2) credibly apologetic statements, to be reviewed prior to delivery for quality of spelling, grammar, and penitence by an objective arbiter designated by the Court” for each class member) Complaint in United States et al. v. Live Nation (2024) Term Sheet for the Resolution of United States et al. v. Live Nation (2024) “Trump convenes ‘Shield of Americas’ summit with 12 Latin American leaders,” The Guardian, (3/7/2026) Show cause order in Fivehouse v. US Department of Defense (2025) Complaint in Nippon Life Insurance Company of America v. OpenAI Foundation (2026) Complaint in Risch v. KalshiEX LLC (2026) Check out the OA Linktree for all the places to go and things to do!


