Luyện nói tiếng Anh bằng Shadowing qua video: John Oliver is a Lawsuit Gremlin (And I Love It!)
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1
We love John Oliver because John Oliver doesn't give a hoot about legal advice.
Chúng tôi yêu quý John Oliver vì John Oliver chẳng hề bận tâm đến những lời khuyên pháp lý.
2
Of course, we only love him because we're not acting as his lawyer.
Tất nhiên rồi, chúng tôi chỉ yêu quý anh ấy vì chúng tôi không đang đóng vai trò là luật sư của anh ấy.
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His lawyers probably hate him because John loves legal stunts, and we love that for him.
Các luật sư của anh ta chắc hẳn ghét anh ta lắm vì John thích các thủ đoạn pháp lý, và chúng tôi thì thích điều đó ở anh ta.
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And as we recently covered in July, John Oliver put a knockoff
Và như chúng tôi vừa đề cập vào tháng Bảy, John Oliver đã đưa ra một bản sao chép
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Beaver on a t -shirt and publicly dared one of the largest convenience store chains in America to sue him over it.
Hình con hải ly trên áo phông và công khai thách thức một trong những chuỗi cửa hàng tiện lợi lớn nhất nước Mỹ kiện anh ta về vấn đề này.
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And you might recall that Buc -ee's sued a mini -mart in Beaver Creek, Ohio instead,
Và bạn có thể nhớ lại rằng Buc-ee's đã kiện một cửa hàng tiện lợi ở Beaver Creek, Ohio thay vì vậy.
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and now the internet is waiting to find out whether Buc -ee's will actually pick on someone on his own sides.
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But this is not the first time that John Oliver has hilariously pointed out illegal absurdity,
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or the first time he's invited someone to sue him over trademark or copyright law.
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You might remember John has been baiting
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Disney to sue him for copyright infringement for years.
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In an April 2023 segment, John discussed the upcoming expiration of the Steamboat Willie copyright,
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and then introduced a Mickey Mouse -like character as the show's new mascot, daring Disney lawyers to take action.
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I thought I was in public domain until next year.
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That's actually true, buddy we are pushing the limit a bit here.
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The point is, we are staking our claim to Mickey Mouse right now.
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And I know
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Disney's lawyers might take the trademark angle and argue that this Mickey is closely associated with their brand,
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although they should know that he's pretty closely associated with our brand now, too.
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And in February of 2024, when John later appeared on The Late Show with Stephen Colbert to promote season 11 of Last Week Tonight,
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he brought a friend along.
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I see you brought a plus one.
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Yeah, yeah.
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Uh, is this, uh, is this Mickey from Steamboat Willie?
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It is.
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It's Steamboat Willie's Mickey Mouse, which is now available for public use.
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It's not Mickey Mouse.
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I can't stress that enough.
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Luckily, there's no resemblance, so there shouldn't be confusion.
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And John openly taunted
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Disney, even presenting a promotional poster that featured Steamboat Mickey, and asked, what are they going to do?
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Sue?
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Yeah, so our poster this year features Steamboat Willie Mickey Mouse here, and so we're very lucky to have him.
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Do you have the poster here?
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Yeah, I do.
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I do have the poster.
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We have, so this is our poster for this year.
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The tagline is, what are they going to do, sue?
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And Colbert openly wondered if this made him an accomplice.
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That's my question, is that I know you enjoy being sued, okay?
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Yes, yes.
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Or else you wouldn't be trying to get someone else to sue you.
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I have been sued many times.
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Yes.
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Am I an accomplice by having him on?
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And later, John brought Steamboat Mickey back onto a show for several related segments.
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How would you say happy birthday to the kids, Mickey?
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You're not special.
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Nothing about you is special.
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And instead of singing happy birthday to your kids when he brings out the pizza, he'll say this.
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As a citizen of the United States, you are part of the most violent, genocidal, imperialistic empire the world has ever owned.
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Your silence is complicity.
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Oh, Lord, Mickey.
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Now, smartly, Disney has yet to take John up on his offer to sue, but if they did, would he win?
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Now, we already covered the basics of copyright in our Bucky's video.
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The short answer is that copyright gives creators a temporary monopoly over original expression.
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The Constitution itself says those exclusive rights must last only for limited times.
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And when the term expires, the work enters the public domain.
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And Steamboat Willie finally did.
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After Congress repeatedly extended the copyright terms, the 1928 version of Mickey Mouse's debut entered the public domain on January 1st, 2024.
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And that creates an interesting wrinkle for John because he didn't wait.
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He introduced his Steamboat Willie character in 2023 while the copyright was still alive.
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Of course, his lawyers could and would argue that the use was parody
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and therefore protected fair use under 17 USC section 107 of the Copyright Act.
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As we've talked about many times on this channel, the statute specifically recognizes criticism and commentary as purposes that can support fair use,
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and John had a pretty compelling argument that he was using Mickey to criticize
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Disney's aggressive approach to intellectual property.
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But the timing would still give his lawyers something to worry about.
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If Disney had sued over the 2023 broadcast, the case would have turned on whether John's use was fair,
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not simply on the fact that Steamboat Willie was about to enter the public domain.
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Which brings us to Colbert.
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If John had actually infringed
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Disney's copyright, could Colbert have been liable for encouraging him and, you know, publicizing the TV show?
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I kind of doubt it.
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Copyright law does recognize secondary liability for people who materially contribute to someone else's infringement.
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The Supreme Court established one version of that rule in MGM Studios versus Grokster,
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holding that someone who intentionally induces copyright infringement can be liable for the resulting infringement.
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And the court recently revisited contributory liability in Cox Communications versus
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Sony Music Entertainment, where it ruled
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that contributory liability requires more than simply providing a platform or service that happens to be used for infringement.
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So if Colbert had actually encouraged John to infringe a still protected copyright, Disney would at least have an argument for contributory liability.
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But Disney had another big problem.
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When Colbert aired his segment in February, 2024, Steamboat Willie had already been in the public domain for a few weeks.
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So Colbert could therefore breathe a sigh of relief, at least as far as that particular 1928 version of Mickey was concerned.
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But copyright isn't the only legal issue here, though.
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And this is something that lots of commentators got wrong
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or didn't understand when they were talking about Mickey entering into the public domain.
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Also at play here is a healthy serving of delicious, rich, and always satisfying trademark law.
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Now, before you celebrate the expiration of the Steamboat Willie copyright by starting an internet business producing Mickey Mouse merch,
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it's important to understand the limitations of the public domain.
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Only the original 1928 version of Steamboat Willie is in the public domain.
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So remember, guys, you can use the mouse, but not his gloves, pupils, or his current personality.
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But it doesn't necessarily mean that every subsequent version of Mickey Mouse is free of copyright protection.
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It also doesn't mean that Mickey Mouse and Disney are free of trademark protection.
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There's an important limit on how far trademark law can go, though.
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In a case called Dastar Corp versus 20th
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Century Fox Film Corp, the Supreme Court rejected an attempt to use trademark law as
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a substitute for copyright protection over a work whose copyright had expired.
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Trademark law protects consumers from confusion about the source of the goods,
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but it doesn't give copyright owners a perpetual monopoly over work simply because their copyright has expired.
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But that also doesn't mean that a public domain character can never function as a trademark.
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In a case called Frederick Warren versus
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Book Sales, a federal court held that a public domain
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Peter Rabbit illustration could still function as a trademark.
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So there is a genuine tension here.
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Disney can argue that consumers associate certain versions or images of Mickey with Disney, while a seller can argue
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that trademark law can't be used to take a public domain character back out of the public domain.
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Where that line falls depends heavily on how the character is being used
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and whether consumers are likely to be confused about the source or sponsorship of the goods.
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And in our previous video, we discussed how trademark law creates several distinct causes of action, including trademark confusion.
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Basically, you can't use a trademark in a way that is likely to confuse consumers about the source, sponsorship, or affiliation of your product.
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And John's assertion that his Steamboat Mickey character is unlikely to be confused with Disney's newer, still copyright -protected versions of Mickey Mouse is significant.
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The expiration of the copyright in the original Steamboat Willie version does not eliminate
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Disney's trademark rights.
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Disney could still have a claim
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if John used the character in a way likely to cause consumers to believe his product was affiliated with, sponsored by, or approved by Disney.
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And Disney could also argue trademark dilution.
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That's a different theory.
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It protects famous trademarks from uses that are likely to blur their distinctiveness or tarnish their reputation,
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even when consumers aren't necessarily confused about who made the product.
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But John could defend himself by arguing that his use of Steamboat Willie was parody, once again.
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And parody can matter in trademark cases, but it isn't an automatic get out of trademark jail free card.
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Because as we talked about in 2023, the Supreme Court addressed exactly that problem in Jack Daniels Properties versus VIP Products,
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involving a dog toy that parodied the Jack Daniels whiskey bottle and used similar branding.
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The court held that when the defendant uses another company's trademark as a source identifier for its own products, the usual trademark rules still apply.
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The fact that the product is a joke does not automatically end the analysis.
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Ultimately, it would be up to a judge
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or jury to decide whether John's particular use of Steamboat Mickey crossed the line into trademark infringement or dilution.
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And as we noted in our Buc -ee's video, juries can be unreliable.
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And like Buc -ee's, Disney seems unwilling to launch a legal battle against John, HBO, and parent company
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Warner Brothers Discovery.
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Now that doesn't mean that
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Disney is letting Steamboat Willie quietly slip into the public domain without a fight though.
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Instead, Disney ended up in a legal dispute with personal injury law firm
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Morgan & Morgan, which intended to run an ad featuring Steamboat Willie.
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I'm sorry.
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The law firm took the notable step of including a disclaimer at the beginning of the ad, probably to eliminate those pesky trademark confusion claims.
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This Morgan video was not approved, authorized, or endorsed by Disney.
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And when Disney indicated it still held trademark rights over Steamboat Willie and refused to give permission to run the advertisement, Morgan & Morgan took
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Disney to court, seeking an order to clarify whether the company could still enforce its trademark.
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But the law firm later dropped the lawsuit before the court could rule.
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Though it did run the ad, and so far
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Disney has not sued.
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But who knows, maybe if John keeps needling
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Disney, he can create some clarity in U .S copyright and trademark law.
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But copyright and trademark are not the only areas where John regularly pushes boundaries.
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John also loves to test the boundaries of defamation law.
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And his most famous legal skirmish was referenced in the Buc -ee segment.
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In 2017, Last Week Tonight aired an episode about the coal industry that took aim at Bob Murray, the CEO of Murray Energy.
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John accused Murray of fighting mine safety regulations, misrepresenting the cause of the Crandall Canyon mine disaster,
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and being less than sincere about his concern for his miners.
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He also compared Murray to a geriatric Dr. Evil.
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So I have to proceed with caution.
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I'm not going to say, for instance, that
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Bob Murray looks like a geriatric Dr. Evil, even though, even though he clearly does.
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John also included two humorous anecdotes.
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The first involved a bonus program rewarding miners for how much coal they'd mined.
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John noted that this bonus program had been rejected by the workers because of safety concerns.
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The company launched it anyway and told the workers that if they didn't like it, they could just write void on their checks.
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But the results probably weren't what Bob expected.
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And John's second anecdote involved a company rumor.
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on his back porch contemplating his future when he was approached by a squirrel, who hopped up next to him, looked him in the eye,
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and said, Bob Murray, you should be operating your very own minds.
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And these two anecdotes form the basis for one of John's most famous gags.
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Hey there, Mr. Nutterbutter, I understand that you have a message for Bob Murray.
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I do.
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Okay.
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Hey, Bob, just wanted to say, if you're planning on suing, I do not have a billion dollars.
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But I do have a check for three acorns and 18 cents.
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Well that's very nice of you Mr. Nutterbutter.
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It is.
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Yeah.
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It's me now too.
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Eat it Bob.
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Remember that?
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Kiss my ass.
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Murray's lawyers threatened to sue before the episode even aired.
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But John Oliver responded by doing what John Oliver does.
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Airing the segment anyway.
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With a personal message to Murray.
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I didn't really plan for so much of this piece to be about you.
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But you kind of forced my hand on that one.
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And I know that you are probably going to sue me but you know what?
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I stand by everything I said.
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Murray, unlike Disney though, followed through.
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So as we have been explicitly told to cease and desist, let us do neither of those things and let's talk about Bob Murray.
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He sued.
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Murray argued that John's statements were false and that John knew or recklessly disregarded that.
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Murray said that he and his employees were being harassed
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because of John Oliver and he dubbed this negative publicity and backlash as the John Oliver effect.
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He claimed that Murray Energy's website was overrun with messages of eat shit,
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Bob, and Murray asked the court for a preliminary injunction preventing HBO from rebroadcasting the episode.
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That was a problem for Murray.
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A court order preventing future publication is what we call a prior restraint, which the First Amendment treats presumptively as unconstitutional.
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And Judge Jeffrey Kramer rejected Murray's request and dismissed the case, saying he adopted with, quote, little exception, HBO's arguments.
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The ACLU, which filed an amicus brief, was particularly enthusiastic about Murray's theory.
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And his table of contents, including headings like, anyone can legally say eat shit
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Bob, and plaintiff's motion for a temporary restraining order is ridiculous.
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Murray appealed though and kept the lawsuit alive for years.
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Eventually, after Murray Energy filed for bankruptcy, the case was dropped.
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And to everyone's delight, in 2020, Murray died.
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And his cause of death, and I'm not making this up, was black lung.
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And of course, John Oliver did a very elaborate victory dance.
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and on and on and on and on and on
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that we will stop this song and don't be fair by your brains and we'll eat shit!
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Bye!
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John has since disclosed that the lawsuit cost HBO more than $200 ,000 in legal fees
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and tripled the show's libel insurance rates.
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So to recap, HBO spent $200 ,000 to establish that you are legally permitted to call a man a geriatric Dr. Evil.
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I'd call that money well spent.
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And John took this as an opportunity to educate the public about slap lawsuits, that is, strategic lawsuits against public participation.
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And as John pointed out, Murray's goal was never to win the case.
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It was to shut down legitimate criticism of Murray and his company.
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What was the point of him putting us through all of this in the first place?
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Well, I would argue it's because winning the case was never really his goal.
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Now, a wealthy company with hosts of attorneys on staff or retainer can impose huge legal costs on a newspaper,
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journalist, or media outlet, as Murray had before with Ohio's small local newspaper, the Chagrin Valley Times.
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But this doesn't just silence that media outlet, it effectively silences all media outlets because no one wants to pay $200 ,000 in legal fees.
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That would effectively bankrupt most individuals in small media outlets.
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And slap suits often come in the form of defamation lawsuits, but sometimes can involve claims of trademark infringement,
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which probably sounds familiar, or deceptive trade practices.
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Donald Trump, for example, has made this an art, which is why we think that anti -slap laws are so important.
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These are laws designed to prevent this kind of harassment or litigation, or at least make them much shorter and less expensive.
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Now, these vary from state to state, but strong anti -slap laws usually allow defendants to seek dismissal early in the lawsuit,
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before legal fees really pile up.
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And even better, they often allow successful defendants to recover their legal fees from the plaintiffs,
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which can be a pretty strong deterrent against frivolous, chilling lawsuits.
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But as of the recording of this video, there is no federal anti -SLAPP statute.
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So the obvious workaround is to file an estate that has no anti -SLAPP law or to file in most federal courts.
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And that's why Murray filed in West Virginia.
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Though in 2025, John got sued again for defamation, this time by Dr. Brian Morley.
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But this time it was an estate with an anti -SLAPP law.
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Dr. Morley was briefly discussed in a 2024 segment about how
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Medicaid privatization was resulting in cuts to patient care programs.
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And during the segment, John told the story of Louis Facenda, an Iowa man with cerebral palsy whose nursing services had been reduced.
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Those services included assistance with bathing and changing divers.
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Louis Facenda, who has cerebral palsy and was living with his mother, he needs a lot of care,
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which, prior to the switchover, was provided by Medicaid.
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But once an MCO got involved, he lost a lot of what he'd been getting, starting with his medications.
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And after showing the clips about Louis, John played testimony by Dr. Morley.
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For six weeks, Louis went without the in -home bathing and diaper changing he had had for years.
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And he introduced it with the following explanation.
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Look, that's obviously maddening, and it doesn't get any better when you hear a doctor at AmeriHealth, the MCO that took over in Iowa,
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explaining in a hearing about a similar patient, just what the corporate thinking was about the necessity of keeping people clean.
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Then John played actual audio featuring Dr. Morley.
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People have bowel movements every day where they don't completely clean themselves, and we don't fuss over too much.
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People are allowed to be dirty.
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You know, I would allow him to be a little dirty for a couple of days.
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John was understandably disgusted.
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I'll be honest, when I first heard that, I thought that has to be taken out of context.
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There is no way a doctor,
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a licensed physician, would testify in a hearing that he thinks it's okay if people have shit on them for days.
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So we got the full hearing.
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I'm not gonna play it for you.
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I'm just gonna tell you, he said it.
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He meant it.
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And it made me want to punch a hole in the wall.
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But Dr. Morley quickly sued for defamation in the Southern District of New York.
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Now, you might be wondering how Dr. Morley could possibly accuse
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John of defamation since truth is generally a defense to defamation claims.
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And John played the actual audio of Dr. Morley's testimony.
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Dr. Morley, though, claimed that while the audio was accurate, John had defamed him by leaving out crucial context and by misrepresenting his statements.
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Specifically by summarizing Dr. Morley's statement as, quote, he thinks it's okay if people have shit on them for days.
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Essentially, Dr. Morley claimed that the issue was in the editing,
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that the excerpt of the quote without context and the insertion of other contexts around it, including the discussion of an unrelated patient,
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the high denial care rates, and the potential illegality of those denials.
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John countered that his assertions were either accurate facts or protected opinions, and that he was protected by New York's fair report privilege.
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The fair report privilege protects journalists when they accurately report what happened in an official proceeding.
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Dr. Morley's statements had been pulled from an official hearing, and John had also relied on an Iowa State Auditor's report when discussing improper Medicaid denials.
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And under the fair report privilege, a journalist doesn't have to quote an official proceeding word for word when reporting it.
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They can summarize and characterize it, provided the account is substantially accurate.
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And Judge Ronnie Abrams found that all of John's statements were either not actually about Dr. Morley himself,
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were opinions, or were accurate statements protected by the fair report privilege.
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And the court specifically addressed John's most inflammatory claim, saying, Oliver's statement that Morley testified it was okay
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if people have shit on them for days is thus both a fair report of Morley's testimony and substantially true.
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Judge Abrams granted Oliver's motion to dismiss in June of 2026.
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But there's an important wrinkle here.
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Because Morley sued in federal court, specifically in courts covered by the Second Circuit Court of Appeals,
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Oliver did not get to use the special anti -slap motion to dismiss.
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Most federal courts have held that anti -slap laws are procedural,
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and procedure that conflicts with the federal rules of civil procedure do not apply in federal court.
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What Oliver did get was the substantive protection
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New York added to its anti -slap law in 2020.
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Under New York civil rights law section 76A, the plaintiff in an action involving public petition and participation must satisfy the actual malice standard.
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And New York's anti -slap law has another provision designed to make successful defendants whole.
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Section 70A allows the defendant to recover attorney's fees.
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But there's a catch.
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In federal court, Oliver's lawyers needed to assert
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that fee claim as a counterclaim or bring a separate action rather than simply asking
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Judge Abrams to award the fees after dismissing Morley's lawsuit.
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They didn't do that, so Oliver won the case, but lost out on the attorney's fees the anti -slap statute was designed to provide.
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And maybe this is why HBO opted not to fund another high -budget victory dance.
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But given John's many legal dares, though, I'm sure he'll have another opportunity soon.
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Of course, when you're responding to a lawsuit, it can take forever just typing out all the legal briefs.
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But then you're probably making the number one productivity mistake with written communication.
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You're typing instead of speaking.
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Oh, sorry, just got a message I need to respond to.
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So make the switch from typing to dictation or I'll see you in court.
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Now, one of my favorite stunts in 2015, John started his own tax -exempt church.
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In the August 16th, 2015 episode, Televangelists,
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Oliver focused on prosperity gospel preachers who tell viewers that giving money to the church will bring them financial or physical rewards.
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After skewering numerous televangelists, including Robert Tilton, John suddenly found a new calling.
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I had a word of knowledge for someone that's really been seeking God,
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you have, for a particular purpose or decision in your life.
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And that is when I realized the message Robert Tilton was sending me was
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that I should set up my own church to test the legal
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and financial limits of what religious entities are able to do.
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We filed paperwork last week establishing a church called Our Lady of Perpetual Exemption.
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He appointed himself mega reverend, and along with his fictitious wife, told viewers to sow a seed by sending him money.
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A seed!
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An almighty seed!
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Preferably in the form of cash, although we do take checks.
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It can be $5, it can be $10, it can be $77.
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We need you to sow your biggest seed.
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That's money.
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And fans responded generously.
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And like God in the story of Noah, you took one look at what we wrought, and you done made it rain!
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Indeed, behold the bounty that you have sown upon us.
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You sent in, and this is true, tens of thousands of dollars, mostly in single -dollar bills.
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Mega Reverend John generously donated all proceeds to Doctors Without Borders.
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Sadly, the church was forced to shut down just a month later.
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John explained that this was definitely, definitely not because they were legally obligated to close the church.
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However, I am sorry to report to you that tonight we are closing down the church.
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Not, no, no, no, no, not because we have to.
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We have still not broken any laws by promising you untold riches in return for sending us money.
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The reason that
369
Our Lady of the Perpetual Exemption was forced to close is
370
that some viewers took John's instruction to send us your seat a little too literally.
371
But John was probably right about not being legally obligated to close the church
372
because the IRS guidelines are every bit as vague as John reported.
373
26 USC section 501c3 provides federal tax exemption for organizations operated for qualifying purposes, including religious purposes.
374
But there's an important distinction between an ordinary religious nonprofit and something legally treated as a church.
375
A qualifying church is automatically considered tax exempt.
376
The IRS specifies that it doesn't have to file an application with the IRS
377
and obtain a determination letter first
378
and qualifying donations can still be deductible by donors even if the church never sought formal IRS recognition.
379
Churches also generally don't have to file the annual
380
Form 990 information return required of many other tax -exempt organizations.
381
And as John noted, federal tax law doesn't have a nice simple definition of what a church is.
382
Now, while the IRS does not have a definition of a church, they do have a 14 -point test as a guideline for churches.
383
But not only do you not have to meet all 14 points, we'd already met some of them by accident.
384
The IRS historically considers a collection of characteristics, things like a recognized creed and form of worship, an established congregation, regular religious services,
385
ordained ministers, places of worship, ecclesiastical government, and so forth.
386
But the vagueness of the IRS guidelines, though, is a feature, not a bug.
387
There is an obvious constitutional problem with government officials deciding whether someone's religious beliefs are sufficiently legitimate.
388
The IRS can't simply say, your religion sounds ridiculous, therefore it's not a religion.
389
That would create serious
390
First Amendment establishment and free exercise concerns.
391
And that's why Scientology is still considered a tax -exempt religious organization.
392
The Church of Scientology spent literal decades fighting over tax exemptions with the IRS.
393
And the IRS claimed that the Church of Scientology wasn't a church at all.
394
It was a for -profit entity that enriched its leaders.
395
But the Church of Scientology did not take this well.
396
It launched a war against the IRS, filing suits against the agency, feeding negative stories about the agency to news organizations, and supporting IRS whistleblowers.
397
At 1 .11 high -ranking
398
Church of Scientology officials, including L.
399
Ron Hubbard's wife, were charged with an alleged widespread conspiracy to plant spies in government agencies, steal official documents, and bug government meetings.
400
The church even had a codename for its decades -long campaign against the U .S government,
401
Operation in Snow White, because everything goes back to Disney, apparently.
402
And one of the primary legal fights was over the fees the church charged for so -called audits.
403
The Scientologists claimed that these were a religious donation.
404
The IRS disagreed, claiming that this wasn't a religious donation, it was a payment for a service and was thus taxable.
405
But the Church of Scientology took this case all the way to the Supreme Court in Hernandez v.
406
Commissioner of Internal Revenue in 1989, and the court sided with the IRS,
407
finding that there was a distinction between between a purchase of services from a religious organization and a donation to that one.
408
Then something unexpected happened.
409
In 1993, the IRS reached a super confidential settlement with the Church of Scientology.
410
For several years, the settlement was the subject of intense secrecy and scrutiny.
411
Then finally, in 1997, the terms were leaked.
412
In the final agreement between the Church of Scientology and the IRS,
413
the Scientologists promised to pay back $12 .5 million for decades of potential tax evasion
414
and to call off its war on the United States tax collectors.
415
And the IRS promised to accept the Church of Scientology as a tax -exempt entity.
416
Though a lot of people thought this sudden reversal was kind of weird, especially since news outlets like the New York Times revealed
417
that the IRS bypassed its own committee experts and usual procedures to hand Scientology a total victory.
418
This created a real legal quandary for the IRS, though.
419
If the Church of Scientology could maintain its tax -exempt status while charging for its audits,
420
what was the line between a taxable fee for a service and a tax -exempt donation?
421
Well, in 2002, two parents who were paying tuition to their children's religious school decided to test the boundaries of this rule.
422
In Sklar v.
423
Commissioner of Internal Revenue, the Sklaras argue
424
that the IRS was allowing members of the Church of Scientology to deduct payments for religious auditing and training.
425
And if the IRS could treat those payments as charitable contributions, they argued denying
426
Orthodox Jewish parents a comparable deduction amounted to unequal and potentially unconstitutional treatment.
427
The Ninth Circuit, though, rejected the Sklaras' attempt to deduct their children's tuition.
428
Under 26th U .S .C.
429
Section 170 and Supreme Court precedent, a charitable contribution generally requires a payment without receiving something of value in return.
430
And the scholars were paying tuition and receiving something in return, their children's education.
431
The fact that the education was partly religious did not transform the tuition payment into a charitable contribution.
432
But that case exposed yet another awkward problem for the IRS.
433
The court noted that the agency had apparently allowed Scientologists to deduct payments for auditing and training under a closing agreement.
434
And the judge wrote that, quote, an IRS closing agreement cannot overrule
435
Congress and the Supreme Court.
436
And the court's answer was not to extend the questionable treatment to other religious groups.
437
If the Scientology arrangement was inconsistent with the tax code or the Constitution, the answer was to stop treating Scientology differently.
438
That did not happen, though, which is probably why the IRS didn't do anything about Our Lady of the Perpetual Exemption
439
and why it has been very reluctant to investigate churches generally.
440
We actually asked the IRS how many churches they've audited in recent years, and they did one in 2014 and just two in 2013.
441
Now, it's tempting to look at the IRS's history with churches and conclude that the agency simply didn't want to investigate them,
442
but the reality is more complicated.
443
Congress has actually built a substantial procedural barrier into the tax code.
444
Under Section 7611, the IRS generally cannot even begin a church tax inquiry unless, quote, appropriate high -level
445
Treasury officials reasonably believe, based on facts recorded in writing beforehand,
446
that the organization may not qualify for tax -exempt status or may be engaged in taxable activities.
447
And in the United States versus
448
Living World Christian Center, a federal court held
449
that the IRS official the agency had designated to make that determination wasn't sufficiently high ranking.
450
The decision effectively complicated the IRS's ability to conduct.. church examinations for years, while the agency struggled to finalize regulations addressing who could authorize them.
451
So John once again proved his point via clever satire and legal dare.
452
And so far, most of his potential legal rivals have chosen to avoid actual litigation, except for Bob Murray, and it might've killed him.
453
But if there ever is another lawsuit, we'll be here to cover it.
454
For now though, props to John for calling out the ridiculousness of the US legal system, wherever he finds it.
455
Now all this highlights why it's so important to get a great lawyer when you're dealing with your own case.
456
Now after I started this channel every week, I'd get hundreds of comments and emails from viewers who are dealing with legal problems.
457
And they'd ask, can you help me find a lawyer?
458
How do I know if this attorney is any good?
459
And there's a massive gap in our justice system.
460
It's that people don't know how to find the right lawyer for their specific situation.
461
They're scared, they're overwhelmed, and they end up doing nothing or hiring the first attorney who calls them back.
462
And that really bothered me.
463
So I started to wonder, what if there was a different way?
464
What if we could build a law firm that actually lived up to the values that I talk about on this channel?
465
Transparency, accessibility, and putting clients first instead of chasing billable hours.
466
A firm where you don't need to pay anything up front, and your lawyers only get paid if you do, to maximize your opportunity for justice.
467
So a few years ago, I decided to fix that problem.
468
I decided to start my own personal injury law firm.
469
And honestly, it wasn't an easy choice.
470
But I realized I was in this unique position.
471
I had this platform, this community, and the experience.
472
Not to get rich, trust me, there are easier ways to make money than starting a law practice.
473
But we did it because access to justice shouldn't be a luxury.
474
Because finding the right legal representation shouldn't feel like playing Russian roulette with your future.
475
And when you work with my firm, you're not just getting a lawyer.
476
You're getting a team that understands that behind every case is a real person with real stakes.
477
If we can't represent you or you're in a state where we don't practice,
478
we'll take the time to try to match you with an attorney in my personal network of lawyers,
479
a national network of some of the best lawyers in the country who actually specialize in what you're going through, located right where you are,
480
not just whoever happens to be available.
481
So if you're dealing with a personal injury, a car crash, a data breach, sexual harassment, a social security or workers' comp issue,
482
give us a call at the number on screen or click on the link below.
483
Now, I can't represent everyone that watches this channel.
484
I wish I could, but what I can do is make sure that when you need legal help,
485
you have somewhere to turn to that you can trust.
486
So whether it's me handling your case or the incredible attorneys we partnered with,
487
you'll get the same principles of honesty and education that we bring to every video.
488
And if you're dealing with a legal issue and you're not sure where to start, check out the link in the description.
489
Let's have a conversation about how we can help you find not just a lawyer, but the right lawyer for your situation.
490
Because at the end of the day, that's what this is all about, making sure that when life gets complicated,
491
you don't have to face it alone.
492
Which is why, when you need a lawyer, you don't just need a legal team, you need the Eagle team.
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Từ vựng và ghi chú luyện nói cho bài học này
Bài luyện nói này dựa trên video “John Oliver is a Lawsuit Gremlin”. Những từ được nhắc lại nhiều nhất trong bài: church, trademark, Irs. Video này có 492 câu và 6408 từ để luyện shadowing. Phần lời nói dài 32:25. Người nói nói nhanh, khoảng 198 từ mỗi phút, nên sẽ có nhiều chỗ nối âm và nuốt âm. Chỉ 76% số từ nằm trong 3.000 từ tiếng Anh thông dụng nhất, nên từ vựng khá khó.
Từ vựng quan trọng trong video
15 từ đáng học trong video, kèm phiên âm và nghĩa:
| Từ | Phiên âm | Nghĩa |
|---|---|---|
| trademark danh từ | /ˈtɹeɪdmɑːk/ | thương hiệu |
| copyright danh từ | /ˈkɑpiˌɹaɪt/ | bản quyền |
| domain danh từ | /ˌdəʊˈmeɪ̯n/ | đất đai, tài sản |
| mouse danh từ | /maʊs/ | chuột |
| argue động từ | /ˈɑɹ.ɡju/ | tranh luận |
| sue động từ | /sjuː/ | thưa kiện, kiện |
| meal danh từ | /ˈmiːl/ | bữa, bữa cơm |
| chef danh từ | /ʃɛf/ | bếp trưởng |
| versus | /ˈvɝsəs/ | đối, đối đầu |
| poster danh từ | /ˈpoʊstɚ/ | bích chương, áp phích |
| defendant danh từ | /dɪˈfɛnd.ənt/ | bị cáo, bị đơn |
| privilege danh từ | /ˈpɹɪv.(ɪ.)lɪd͡ʒ/ | đặc quyền |
| donation danh từ | /doʊˈneɪʃən/ | sự tặng |
| viewer danh từ | /ˈvju.ɚ/ | khán giả, người xem |
| exemption danh từ | /ɪɡˈzɛm(p).ʃən/ | sự miễn trừ |
Cụm động từ bạn sẽ nghe
| Từ | Phiên âm | Nghĩa |
|---|---|---|
| check out động từ | tính tiền, trả phòng | |
| shut down động từ | tắt nguồn | |
| clean up động từ | quét dọn, quét tước | |
| close down động từ | /kləʊzˈdaʊn/ | đóng cửa |
| pay back động từ | /peɪ bæk/ | trả |
| pick up động từ | nhặt, lượm | |
| pile up động từ | vun |
Những câu đáng luyện lại
Các câu ngắn, trọn ý trong video mà bạn có thể dùng lại khi giao tiếp hằng ngày:
- I can't stress that enough.
- Do you have the poster here?
- Am I an accomplice by having him on?
- I'd call that money well spent.
- I'm not gonna play it for you.
Ngữ pháp trong video
Những cấu trúc người nói dùng nhiều nhất, kèm đúng cụm từ trong video:
| Cấu trúc | Trong video |
|---|---|
| Thì hiện tại hoàn thành tiếp diễn have/has been + -ing — việc bắt đầu từ trước và vẫn đang tiếp tục | has been baiting · have been using · that's really been seeking |
| Câu điều kiện if + mệnh đề, will/would + động từ — điều kiện và kết quả | if they did, would he · if there ever is another lawsuit, we'll be |
| Thì hiện tại hoàn thành have/has + quá khứ phân từ — việc đã xảy ra nhưng còn liên quan đến hiện tại | has hilariously pointed · have been sued · has ever owned |
| Câu bị động be + quá khứ phân từ — nhấn vào việc xảy ra, không phải người làm | is closely associated · being sued · have been sued |
Phát âm cần chú ý
Người nói dùng 97 dạng rút gọn, ví dụ you're, don't, doesn't. Hãy nói theo dạng ngắn đúng như bạn nghe.
- Âm “th”: bath /bɑːθ/, threaten /ˈθɹɛt.n̩/
- Âm “sh” và “zh”: chef /ʃɛf/, confusion /kənˈfjuːʒən/, donation /doʊˈneɪʃən/, tuition /tjuːˈɪʃən/, exemption /ɪɡˈzɛm(p).ʃən/
- Từ dài — đặt trọng âm cho đúng: liability /laɪəˈbɪlɪti/, complicated /ˈkɑm.plɪˌkeɪ.tɪd/, contribution /ˌkɑntɹɪˈbjuʃən/, testimony /ˈtɛstɪmoʊni/, charitable /ˈt͡ʃæɹɪtəbəl/
Những âm người Việt thường gặp khó:
- Cụm phụ âm cuối — đọc đủ từng âm, đừng nuốt âm cuối: exempt /ɪɡˈzɛmpt/, infringement /ɪnˈfɹɪnd͡ʒmənt/, segment /ˈsɛɡmɛnt/, defendant /dɪˈfɛnd.ənt/, confused /kənˈfjuːzd/
- Âm /tʃ/, /dʒ/ và /ʒ/ — tiếng Việt không có, đừng đọc thành “ch” hay “gi”: infringement /ɪnˈfɹɪnd͡ʒmənt/, privilege /ˈpɹɪv.(ɪ.)lɪd͡ʒ/, confusion /kənˈfjuːʒən/, perpetual /pɚˈpɛt͡ʃuəl/, procedure /pɹəˈsiː.d͡ʒə/
- Âm /æ/ — mở miệng rộng hơn âm “e”: slap /slæp/, charitable /ˈt͡ʃæɹɪtəbəl/, statute /ˈstæt͡ʃuːt/, parody /ˈpæɹədi/, format /ˈfɔːɹ.mæt/
Cách luyện với video này
- Nghe hết video một lần, chưa cần nói, và ghi lại những từ bạn chưa biết.
- Bắt đầu ở tốc độ 0,75×, nói đuổi từng câu, rồi quay lại tốc độ bình thường khi đã quen.
- Ghi âm giọng mình rồi so với bản gốc, chú ý các từ như trademark, copyright, domain.
Phương Pháp Shadowing Là Gì?
Shadowing là kỹ thuật học ngôn ngữ có cơ sở khoa học, ban đầu được phát triển cho chương trình đào tạo phiên dịch viên chuyên nghiệp và được phổ biến rộng rãi bởi nhà đa ngôn ngữ học Dr. Alexander Arguelles. Nguyên lý cốt lõi đơn giản nhưng cực kỳ hiệu quả: bạn nghe tiếng Anh của người bản xứ và lặp lại to ngay lập tức — như một "cái bóng" (shadow) đuổi theo người nói với độ trễ chỉ 1–2 giây. Khác với luyện ngữ pháp hay học từ vựng bị động, Shadowing buộc não bộ và cơ miệng phải đồng thời xử lý và tái tạo ngôn ngữ thực tế. Các nghiên cứu khoa học xác nhận phương pháp này cải thiện đáng kể phát âm, ngữ điệu, nhịp điệu, nối âm, kỹ năng nghe và độ lưu loát khi nói — đặc biệt hiệu quả cho người luyện IELTS Speaking và muốn giao tiếp tiếng Anh tự nhiên như người bản ngữ.