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PODCAST

Beyond the Brief

Institue for Justice

Hear about the cases, issues, and tactics advancing IJ’s fight for freedom—directly from the people on the front lines. Beyond the Brief explores the legal theories, strategies, and methods IJ uses to bring about real world change, expanding individual liberty and ending abuses of government power. Each episode gives listeners an in-depth, inside look at how—and why—we do what we do.

society & culture documentary

All Episodes

28:35

“Fish Cops” Flounder the 4th Amendment

Beyond the Brief ·

2024/11/26

In Pennsylvania, officers of the Fish and Boat Commission have the power to trespass on any land or water without a warrant. For one couple, that lead to repeated harassment at their lakeside home from a Waterways Conservation Officer. But the Constitution’s Fourth Amendment protects all Americans, including Pennsylvanians who live near water.Today we’re talking with IJ attorneys Kirby Thomas West and Dylan Moore about a new case challenging warrantless

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48:09

When Lawsuits Go Viral with @CivilRightsLawyer

Beyond the Brief ·

2024/11/14

The proliferation of video is changing how Americans fight for their civil rights, and much of it is happening right here on YouTube. I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, together with co-host Keith Neely and IJ senior attorney Patrick Jaicomo.Today, we’re talking with special guest John Bryan, better known as The Civil Rights Lawyer. John knows firsthand how difficult civil rights lawsuits have become–and he previously partnered with IJ to

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38:12

Officer Caught Snitching on Domestic Abuse Victim

Beyond the Brief ·

2024/10/24

In 2013, a Clovis, California police officer found out that his girlfriend Desiree Martinez had reported him for physically abusing her—while Desiree was trapped in a room with him, leading to further horrific abuse. Incredibly, the informant was another officer who knew about Desiree’s boyfriend’s history of domestic violence. Desiree later sued that officer informant for enabling the abuse, but an appeals court granted qualified immunity to block the suit. Now, Desiree and IJ are asking the U.S

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27:46

Town Council Blocks Business for Causing…Competition?!?

Beyond the Brief ·

2024/10/10

In America, the government doesn’t get to pick winners and losers in the marketplace. Yet states and cities throughout the country block new business to protect established interests. That’s when IJ steps in. Awa Diagne has been braiding hair for 30 years, but when she tried to open a braiding salon in an Atlanta suburb, the town told her it would provide too much competition. So, Awa and IJ are fighting back. Today we talk with IJ attorneys Renee Flaherty and Will Aronin about how IJ is

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35:25

Popular Family Store Fights Bogus Eminent Domain

Beyond the Brief ·

2024/09/28

Can the government take your land just because they don’t like you? That’s happening to Brinkmann’s Hardware, a beloved local store in Long Island. After a lengthy fight, the town of Southhold, NY is now trying to take their land away through eminent domain—all to protect another business from competition. Today we talk with Hank Brinkmann and IJ Senior Attorney Jeff Redfern about how Brinkmann’s Hardware went from a small family shop to a champion of property rights—and their path all the way to

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22:44

Rebel Ridge: Fact or Fiction?

Beyond the Brief ·

2024/09/25

The film Rebel Ridge came September 6 and shot to #1 on Netflix. It depicts a former Marine’s attempts to get his money back after it was taken by police through civil forfeiture. That story sounded pretty familiar to us at IJ. We have been working to dismantle civil forfeiture for decades, but unlike the film’s main character, our clients aren’t vigilantes who take the law into their own hands; instead, they fight back in court. So how accurate is Rebel Ridge’s portrayal of civil forfeiture

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37:23

Carrying Cash is NOT a Crime

Beyond the Brief ·

2024/09/13

It’s legal to travel domestically with any amount of cash. It’s legal to travel in and out of the U.S. with more than $10k if you declare it. But that doesn’t stop law enforcement from searching travelers’ property and seizing any cash they find without warrants or evidence of a crime. Today we talk with IJ attorneys Jaba Tsitsuashvili and Ben Field about how the government treats carrying cash like a crime and what IJ’s doing to fight back.https://youtu.be/WmVFud7v2r4 Know Your

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39:28

To Serve, Protect, and…Fish for Cash? Bogus Traffic...

Beyond the Brief ·

2024/08/22

On a typical day, police officers pull over more than 50,000 drivers. If you’ve had a recent encounter with police, chances are good it was during a traffic stop. Traffic stops can lead to searches, arrests, and worse, yet they seldom involve a [search] warrant. So how did vehicles become Fourth-Amendment-free zones? Today we are joined by Josh Windham, the leader of IJ’s Project on the Fourth Amendment. We’ll explore how traffic stops are driving a hole through the Fourth Amendment and how IJ

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36:22

Speaking for a Living and the First Amendment

Beyond the Brief ·

2024/08/08

The freedom of speech protected by the First Amendment is a foundational and cherished right that sets America apart from other constitutional democracies. Many people think of the First Amendment in the context of controversial speech on highly politicized issues. But did you know that some of the most important free speech cases today involve uncontroversial speech on issues that matter to ordinary Americans in their daily lives? Today we have with us IJ Senior Attorneys Paul Sherman

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33:37

Will the Supreme Court Finally Curb Civil Forfeiture?...

Beyond the Brief ·

2024/07/26

As our listeners probably know, civil forfeiture is legal practice that lets the government take and keep your property by claiming it’s connected to a crime, without needing to convict anyone. You can lose your property even when the government agrees you’re innocent. Recently, the Supreme Court decided an important forfeiture case. While the outcome was disappointing, the way they decided it gives us hope that the high court is finally ready to rein in this form of

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43:35

SWAT Raids are Out of Control

Beyond the Brief ·

2024/07/15

Imagine a SWAT team raids a house—battering doors, breaking windows, and coating everything inside with tear gas residue. Now imagine the SWAT team had the wrong address. Who do think would pay for the damage? If you said insurance, you’re probably wrong. If you said the city, you’re probably also wrong. Today, IJ attorneys Jeff Redfern and Dylan Moore talk with us about this nightmare situation facing homeowners across America – and how the Institute for Justice is fighting to change

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44:20

FBI Commits the Largest Armed Robbery in American...

Beyond the Brief ·

2024/06/27

In March 2021, people entered a private security-deposit box company in Beverly Hills, CA, broke open hundreds of boxes, and indiscriminately seized their contents – collectively worth over one hundred million dollars. Box holders lost their life savings, family heirlooms, important documents, and more. But the people who took their property weren’t mobsters; they were FBI agents.Today we have with us IJ attorneys Bob Belden and Mike Greenberg. They’re going to share with us the story of an

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37:15

Former Felons Fight to Earn an Honest Living

Beyond the Brief ·

2024/06/13

We like to think of America as a land of opportunity and second chances. But what happens when a web of government restrictions prevents someone from earning an honest living due to past mistakes? Today we’re talking with IJ Attorney Andrew Ward, and Rudy Carey, a substance abuse counselor and former IJ client. We discuss so-called “permanent punishment” laws, the millions of people they affect, and how IJ is helping Americans get the fresh starts they

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30:41

Why Holding Feds Accountable is (ALMOST) Impossible

Beyond the Brief ·

2024/06/12

If a federal official violates your rights, is it impossible to hold them accountable? In this episode, we talk with IJ senior attorneys Anya Bidwell and Patrick Jaicomo, leaders of IJ’s Project on Immunity and Accountability. We discuss some outrageous cases of abuse by federal officials, why it’s so hard to sue the Feds, and what IJ is doing to clear a path to justice. https://youtu.be/teOXBgd3yCo?si=QBFZD6mrk-pAd2C-

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36:15

Ruling Lets Gov’t TRESPASS on 96% of PRIVATE Land in...

Beyond the Brief ·

2024/05/17

Your home is supposed to be your castle. But what about the land your castle sits on? We discuss why it is that most private land in America gets no protection from warrantless government surveillance. We are joined by IJ attorney and co-director of IJ’s Project on the Fourth Amendment, Josh Windham.https://youtu.be/jN-VEE7fAEs related report Good Fences? Good Luck Released in the Cato Institute’s Regulation magazine, IJ’s study “Good Fences? Good Luck” is the first study

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42:38

Government Retaliation is Out of Control

Beyond the Brief ·

2024/05/02

What can Americans do if the government retaliates against them for speaking out? Today we're going to discuss real world examples of governments retaliating against citizens for speech they don’t approve of. We are joined by IJ Attorneys Kirby Thomas West and Ben Field.https://youtu.be/Yhji-Uyn23Y

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34:26

Qualified Immunity Protects the FBI, Your Mayor, and...

Beyond the Brief ·

2024/04/17

Does qualified immunity actually accomplish what the Supreme Court intended? Kim Norberg and co-host Keith Neely discuss qualified immunity and how it plays out in the real world. IJ Senior Attorney Bob McNamara and data scientist Jason Tiezzi join to discuss Unaccountable, IJ’s new report that examines qualified immunity by the numbers.The report uses the largest ever collection of federal appellate cases, covering the 11-year period from 2010 through 2020. It is also the first to use

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29:11

New Jersey Was Caught Keeping Baby Blood

Beyond the Brief ·

2024/04/05

Unbeknownst to parents, a portion of their baby’s blood remained unused after a standard screening was complete. And New Jersey had unilaterally decided that it could keep that blood for 23 years. Even worse, New Jersey, along with other states, believed it could use that blood however it saw fit, whether that be selling it to third parties, giving it to law enforcement, or even turning it over to the Pentagon.On today’s episode of Beyond the Brief, hosts Kim Norberg and Keith Neely talk to IJ

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0:41

Deep Dive is now Beyond the Brief

Beyond the Brief ·

2024/04/04

Deep Dive is now becoming Beyond the Brief. We will still bring you the same great IJ-related content as before, but now in a studio setting. Stay tuned.

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38:51

Will the Supreme Court Limit Police Power to “Stop...

Beyond the Brief ·

2022/01/20

Why so-called Terry stops are a threat to essential Fourth Amendment rights

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