Free Speech Arguments

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The Free Speech Arguments Podcast brings you oral arguments from important First Amendment free political speech cases across the country. Find us on Spotify and Apple Podcasts.

Episode 28: Associated Press v. Taylor Budowich

Associated Press v. Taylor Budowich, argued before a three-judge panel in the U.S. Court of Appeals for the DC Circuit on April 17, 2025. Argued by Eric D. McArthur (on behalf of Appellants Taylor Budowich, et al.) and Charles D. Tobin (on behalf of Appellee Associated Press). Lawyers for the Trump administration are seeking a stay on the DC District Court’s preliminary injunction rescinding “the denial of the AP’s access to the Oval Office, Air Force One, and other limited spaces based on the AP’s viewpoint.”

Case Background, from the Memorandum and Order of the U.S. District Court for the District of Columbia:

About two months ago, President Donald Trump renamed the Gulf of Mexico the Gulf of America. The Associated Press did not follow suit. For that editorial choice, the White House sharply curtailed the AP’s access to coveted, tightly controlled media events with the President. The AP now sues the White House chief of staff, her communications deputy, and the press secretary (collectively, “the Government”), seeking a preliminary injunction enjoining the Government from excluding it because of its viewpoint.

Today, the Court grants that relief. But this injunction does not limit the various permissible reasons the Government may have for excluding journalists from limited-access events. It does not mandate that all eligible journalists, or indeed any journalists at all, be given access to the President or nonpublic government spaces. It does not prohibit government officials from freely choosing which journalists to sit down with for interviews or which ones’ questions they answer. And it certainly does not prevent senior officials from publicly expressing their own views.

No, the Court simply holds that under the First Amendment, if the Government opens its doors to some journalists—be it to the Oval Office, the East Room, or elsewhere—it cannot then shut those doors to other journalists because of their viewpoints. The Constitution requires no less.

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Episode 27: Local 8027, AFT-New Hampshire, AFL-CIO v. Edelblut, argued before the U.S. Court of Appeals for the First Circuit on April 8, 2025.
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Episode 26: Parents Defending Education v. Olentangy Local School District, argued before the en banc U.S. Court of Appeals for the Sixth Circuit on March 19, 2025
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Episode 25: Powell, et al. v. United States Securities and Exchange Commission, argued en banc before the U.S. Court of Appeals for the Ninth Circuit on February 13, 2025.
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Episode 24: Henderson v. Springfield R-12 School District, argued en banc before the U.S. Court of Appeals for the Eighth Circuit on January 15, 2025.
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Episode 23: Free Speech Coalition, Inc. v. Paxton, argued before the Supreme Court of the United States on January 15, 2025.
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Episode 22: TikTok Inc. v. Merrick Garland, argued before the Supreme Court of the United States on January 10, 2025.
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Episode 21: Bristol Myers Squibb Co. v. Secretary United States Department of HHS, consolidated under AstraZeneca Pharmaceuticals LP et al v. Secretary United States Department of HHS, argued before the U.S. Court of Appeals for the Third Circuit on October 30, 2024.
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Episode 20: Moms for Liberty – Wilson County, TN, et al. v. Wilson County Board of Education, et al., argued before the U.S. Court of Appeals for the Sixth Circuit on October 29, 2024.
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Episode 19: Central Maine Power Company, et al. v. Maine Commission on Governmental Ethics and Election Practices, et al., argued before the U.S. Court of Appeals for the First Circuit on October 9, 2024.
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Episode 18: Little, et al. v. Llano County, et al., argued en banc before the U.S. Court of Appeals for the Fifth Circuit on September 24, 2024.
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Episode 17: TikTok Inc. v. Merrick Garland, argued before the U.S. Court of Appeals for the District of Columbia Circuit on September 16, 2024.
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Episode 16: NetChoice, LLC v. Bonta, argued before the U.S. Court of Appeals for the Ninth Circuit on July 17, 2024.
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Episode 15: X Corp. v. Bonta, argued before the U.S. Court of Appeals for the Ninth Circuit on July 17, 2024.
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Episode 14: The Imperial Sovereign Court of the State of Montana v. Knudsen, argued before the U.S. Court of Appeals for the Ninth Circuit on June 4, 2024.
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Episode 13: Can You Be Punished for Sharing Publicly Broadcast Court Hearings (Somberg v. McDonald), argued before the U.S. Court of Appeals for the Sixth Circuit on June 12, 2024.
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Episode 12: Florida’s STOP Woke Act in Higher Education (Pernell v. Lamb), argued before the U.S. Court of Appeals for the Eleventh Circuit on June 14, 2024.
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Episode 11: National Republican Senatorial Committee, et al. v. Federal Election Commission, et al., argued before the U.S. Court of Appeals for the Sixth Circuit sitting en banc on June 12, 2024.
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Episode 10: U.S. v. Sittenfeld, argued before the U.S. Court of Appeals for the Sixth Circuit on May 9, 2024
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Episode 9: Diei v. Boyd, argued before the U.S. Court of Appeals for the Sixth Circuit on May 2, 2024.
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Episode 8: Spectrum WT v. Wendler, argued before the U.S. Court of Appeals for the Fifth Circuit on April 29, 2024.
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Episode 7: Joseph W. Fischer v. United States, argued before the Supreme Court of the United States on April 16, 2024.
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Episode 6: U.S. v. Mackey, argued before the United States Court of Appeals for the Second Circuit on April 5, 2024.
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Episode 5: Gilliam v. Gerregano, argued before the Supreme Court of Tennessee on April 3, 2024.
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Episode 4: Gonzalez v. Trevino, argued before the Supreme Court of the United States on March 20, 2024.
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Episode 3: Murthy v. Missouri, argued before the Supreme Court of the United States on March 18, 2024.
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Episode 2: NRA v. Vullo, argued before the Supreme Court of the United States on March 18, 2024.
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Episode 1: Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton, argued before the Supreme Court of the United States on February 26, 2024
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Episode 28: Associated Press v. Taylor Budowich

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Episode 28: Associated Press v. Taylor Budowich