@orinkerr.bsky.social wrote an excellent book, The Digital Fourth Amendment, and I wrote a review of it. harvardlawreview.org/wp-content/u... Here's where you can buy the book: a.co/d/04G3OPoz

Grateful to be part of this important @knightcolumbia.org convening; thanks to @jameeljaffer.bsky.social & @katygb.bsky.social for leading and @genevievelakier.bsky.social @jamalgreene.bsky.social @dorfonlaw.bsky.social @ksabeelrahman.bsky.social for their vision. knightcolumbia.org/content/new-...

New Knight Institute Initiative to Focus on "Reconstructing Free Expression" After Trump. @jameeljaffer.bsky.social: "This initiative is meant to encourage creative and ambitious thinking about how to build a system of free expression that serves democracy better." knightcolumbia.org/content/new-...

I wrote about Trump’s ideological deportation policies and their implications for free speech, including on university campuses. www.lrb.co.uk/the-paper/v4...

James Ho, Kyle Duncan, and Andrew Oldham all start to perk up. Alito was confirmed 20 years ago last month, as well.

He’s not the only person who did this, à la Tim Robinson, but I encourage anyone thinking well of Scalia to read his Lawrence v. Texas dissent.

We filed a bar complaint at @freedom.press against the prosecutor who failed to disclose the Privacy Protection Act when getting a warrant to raid a Washington Post reporter's home. The PPA bars raids of journalists in all but the most exceptional circumstances! www.nytimes.com/2026/02/09/u...

I feel like I'm losing my goddamnned mind. This op-ed was written by Kathrine Mangu-Ward. Katherine is editor-in-chief of Reason magazine. Reason fired @shikhadalmia.bsky.social for being too anti-Trump.

what a shot

Love that David Byrne-esque suit

Former Washington Post journalists have launched a GoFundMe to help repatriate fired staff members who are effectively stranded in foreign countries. One of the richest men in the world fired them from the paper and didn’t even pay to ensure they got home. Abolish the billionaire class:

When Republicans do it / When Democrats do it

Me to everyone I see (it’s –1 F in Ithaca right now and I had to shovel this morning).

I wrote about how we're dealing with a war of attrition at the hands of a callous and cruel administration, and how we cannot let them whittle us down to their level. www.nytimes.com/2026/02/03/o...

Breaking — Will Lewis out at the Washington Post. He just sent this email to staff (shared with me by staffer):

This excellent conversation is well worth your time!

Pour one out for every professional political pundit, writer, consultant whatever that has spent the last decade trying to pretend that the Trump phenomenon was about trade or opiates and not a big chunk of white america losing its mind over having a black president bsky.app/profile/kyle...

This is one of those extremely obvious ethical requirements that no competent lawyer or functioning DOJ would ever violate.

Just saying: ballsandstrikes.org/legal-cultur...

Breaking News: Brad Karp resigned as chairman of the major law firm Paul Weiss after emails between him and Jeffrey Epstein became public.

I can now report that Judge Blackwell did not grant Julie Le’s request for a nap, and also noted that, as overwhelmed as she may be, the people who the Trump administration is detaining in violation of court orders have it worse ballsandstrikes.org/law-politics...

Incredible. They destroyed a great newspaper because they hated the people who actually paid for it and read it so much that they'd rather scrap the paper if they couldn't get Tucker Carlson's audience bsky.app/profile/maxt...

In a mtg yesterday a colleague in a different discipline disagreed w/my take that the lack of public trust in higher ed was the intended result of a coordinated, decades-long campaign by the right to discredit us (a hypocritical one too — they still want to send their kids to elite schools).

Watching Democrats stumble their way through questions at a Senate Judiciary Committee hearing this morning affirms my belief that every one of these senators should be ceding their time for questions to a 28-year-old leftist

Pretty wild to me how many pundits and academics treated Republican opposition to the notion of Supreme Court expansion during the Biden administration as a serious, principled stance, as opposed to a position Republicans would obviously abandon the moment it became convenient

Homeland Security is targeting Americans who criticize it with unfounded investigations fueled by judicially-unsupervised administrative subpoenas. This article tells the story of our client who was so targeted. www.washingtonpost.com/investigatio...

Just talked about this absurdity in First Amendment this morning! 🙃😬😒

In my view, mandating the signing of an NDA for judicial employees clashes with the tradition of transparency and openness that should motivate the courts. Should some things be confidential? Yes. But trying to use a contract to get there means we have lost the plot. www.nytimes.com/2026/02/02/u...

Anyone familiar with the vagaries of the NYT books bestseller lists will understand how the game perhaps has been played.

Assuming Trump waited until after screening his wife bribeumentary at the Kennedy Center to announce this that he was closing it out of nothing but spite. apnews.com/article/trum...

😬

Liam Conejo Ramos is not alone. (gift link) www.nytimes.com/2026/02/01/o...

This rules so hard. In law school I remember people who wanted to be federal prosecutors spending three years doing everything they could to be maybe, possibly be competitive for an AUSA job someday. Now you just need to hop on X the everything app and DM a guy named Chad.

Listen to lawyer Joseph Margulies in conversation with @dahlialithwick.bsky.social about his recent BR essay on the line running from Bush’s torture memos to the Trump administration’s specious legal arguments defending its actions:

law enforcement driven by the algorithm, with an eye only toward what is good #content ... we might call it slop enforcement

April fools.

Well.

Legitimately a feat of carefully calculated writing to issue a Holocaust Remembrance Day statement of this length without mentioning either (1) the people who perpetrated the Holocaust or (2) the people against whom they perpetrated it

my grandmother, an Auschwitz survivor, was Anne Frank’s neighbor in Amsterdam, and Oma thinks this comparison is perfectly apt

✊

Ilhan Omar is an American hero. www.nytimes.com/live/2026/01...

She was almost 90 before she received any recognition for her work. www.nytimes.com/2026/01/27/s...

Even after all this: merely –4 with whites.

“An updated tweet is coming” 😂

This is absurd behavior on the part of DOJ (evergreen statement these days).

if bovino is out and conservatives are turning on noem then there is a real opportunity to demand that miller resign too.

Grateful to Darryl Brown of @uvalaw.bsky.social for reviewing my book, Justice Abandoned, in Jotwell. You can read the review here: crim.jotwell.com/the-supreme-...

The book is incredible — and out tomorrow!

Apropos of the TikTok news last week, I have a piece coming out abt how the Supreme Court's decision to uphold the ban-or-sale law belongs in the First Amendment anticanon. It's not just wrong, but so wrong we should hold it up as an exceptional symbol of wrongness. papers.ssrn.com/sol3/papers....