When Can the NFL Search Your Cell Phone?

Posted: August 9, 2015 by Nazim in Due Process, Government Action

This week’s episode takes a break from the seriousness of the Supreme Court to discuss the ridiculous and sublime details of the Tom Brady Federal Court case.  Specifically, Brett and Nazim discuss what search and due process rights either side has in this situation and what chances Tom Brady has of getting an injunction granted.  To ensure that this episode is free of any bias, Nazim is qualified as a person who knows very little about football and Brett keeps his hatred for all football teams that are not the Philadelphia Eagles at a simmer until the very end.

  • First, this is a one-off. We got some questions about this, and since the SCOTUS is on vacation, we decided to answer them on the podcast.
  • We posted some of the links to correct Nazim mistake about senator Sendars’ electability in last week’s episode.
  • The insane system under which the president of the United States is elected is called the Electoral College, in which electors usually pass on the the popular vote of each state to the federal government.
    • Throughout our history, there have been a large number of faithless electors, that is, electors who choose to cast their vote in some other manner, or not at all. The fact that this is not against the law in most states still boggles my mind.
  • Since Nazim is talking about senator Sanders’ electability, it’s likely that someone will have questions about whether he could beat senator Hillary Clinton for the Democratic party’s nomination. Well, she’s more or less where she was in the polls last election. And senator Sanders is more or less where then-senator Obama was at this time last election. So…
  • Just in case all this talk about Democratic party nominees has you dry in the mouth, here’s the latest numbers on the Republican candidates. Spoiler: as of this post, Donald Trump is in a runaway lead. Note that that link will be old in the near future, so we should find a better one…
  • Nazim is an alien, and believes that Family Feud can search your football on Tuesdays and Thursdays.
  • Just in case we’re keeping score, Jess got one answer wrong, and Nazim got one answer right. I hope you appreciate the chiastic symmetry there.
  • Illegal touching is a real thing. Also a football thing.
  • Everyone hates the Buffalo Bills.
  • Just in case someone is as ignorant about Deflategate as Nazim is, here’s the the wikipedia page on it.
  • The constitution regulates the government’s actions. Since the NFL is not a state actor, it’s not bound by the constitution in any way.
    • On the other hand, the NFL has no particular legal rights on Tom Brady other than those specified in his employment contract.
      • On the third hand, the NFL can mock and despise Tom Brady for not turning his phone over as much as they want. This probably includes the right to fire him for any non-illegal reason, such as being left- or right-handed.
  • To grant a Temporary Restraining Order, courts require showing that:
    • immediate irreparable injury, loss, or damage will happen if the TRO is not granted;
    • the injury, loss or damage to the other party will not be as bad;
    • the party asking for the TRO is likely to win the underlying case.
  • The currency manipulation Brett refers to is the recent agreement in which several of the largest banks in the world pled guilty to criminal charges that they manipulated currency markets for several years to the tune of $500 billion a day. The total penalty for all the banks involved was about $60 billion, significantly less than the banks profits stemming from that manipulation.
  • Radiolab episode dealing with the history of football and Carlisle Indian School.
  • Because this episode is a crazy one-off here’s some footage of Brett and Nazim recording:

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