Professor Post is right. I'm currently working through similar issues in what I hope will be a law review article, but I think the reality is this: we can't assess whether First Amendment doctrine can slow our free speech crisis by de-contextualizing it from our greater *institutional* crisis.

What we might refer to as a Kavanaugh Raid

Just unbelievably evil and lawless.

fubar

"Fischer later learned from the owner of the company that all five of the detained workers were documented."

There it is, the whole stupid thing in microcosm

In Naperville, IL on Wednesday, ICE surrounded a group of documented workers replacing a residential roof. ICE agents reportedly kicked over the ladders and forced the workers to jump. The episode involved a chase with guns drawn.

I spoke with Francesca Rudkin and @newstalkzb.bsky.social in New Zealand about Jimmy Kimmel and the First Amendment. If you've found that you just can't get enough of "jawboning" and the FCC, listen here:

I wrote about Jimmy Kimmel, the FCC, and the First Amendment for @msnbc.com.

My colleague @jschrinerbriggs.bsky.social had a great op-ed for MSNBC about the First Amendment and Jimmy Kimmel. Check it out!

Excellent thread and op-ed by my colleague!

I wrote about Jimmy Kimmel, the FCC, and the First Amendment for @msnbc.com.

Wow, check out this thread of incidents involving the White House's new communications tactic -- demanding that reporters reveal their expert sources (on law, policy, etc.) before publication so the WH can discredit the sources based on political donations.

In this post I explain why the suspension of Kimmel’s show looks like a blatant 1A violation, as all NINE members of SCOTUS last year made clear.... but also why courts may not be able to do much about it (and yet Kimmel should still sue!) blog.dividedargument.com/p/did-brenda...

Judge Merryday says who needs an anti-SLAPP law when Rule 8 is right there.

When people first hear about "jawboning" -- meaning government pressure to suppress speech through threats and other extra-legal measures, like what the FCC is doing now -- they always want to talk about "coercion" by the govt. I've always thought this is a red herring. Current events show why. 1/

This is objectively a very bad misstatement of the law. I hope it's been corrected.

I'm going to leave this up because people should read @genevievelakier.bsky.social, including me apparently: this piece by GL & @evelyndouek.bsky.social makes clear that while the merits of a jawboning claim might be strong here, procedurally it would be very difficult for Kimmel to bring it.

“we can do this the easy or the hard way“ followed by a thing being done is… really strong

Oh absolutely, I think this easily runs afoul of Vullo. Easily.

If you take what a 9-0 Court said in Vullo seriously, it seems clear to me that Kimmel has not just a plausible jawboning claim but a strong one on the basis of Carr's threats. (Always read Genevieve Lakier 👇)

My hunch is that comparisons to McCarthyism are actually offbase insofar as they *undersell* the extent to which speech is being chilled and the levers being pulled to do it. That said, if you think I'm wrong please tell me. Relatedly, I'm wide open to reading recs on the subject.

There's not meaningful freedom of speech without institutions willing to promote and implement that freedom. On one hand, private media entities have broad editorial discretion under 1A doctrine. On the other, it's bad for *everyone's* freedom if that discretion is exercised to please the state.

The most recent defamation lawsuit filed by Trump asks for $15 billion in damages. $15 billion. I've been out of the game for awhile but I'm sorry, that seems sanctionable on the relief requested alone.

My current work in progress is tentatively titled "Competitive Authoritarianism and the Crisis of Free Speech." Anyway, here's an article about how the White House is planning to use the power of the federal government to punish the speech of opposition groups.

This is the only thing I'll say, and it's in total agreement with Anthony. It's imperative to treat this moment with the seriousness it deserves. This country—its social and political institutions, civil society, most basic, liberal-democratic norms—is teetering in real time.

I'd also like to know how those who have *already* been stopped by ICE on the basis of (1) immutable characteristics and (2) place of employment are so unlikely to get stopped again to rob them of standing to pursue injunctive relief.

#BREAKING: With no explanation (save for a solo concurrence by Justice Kavanaugh), #SCOTUS has frozen lower-court rulings that had enjoined allegedly suspicion-less arrests as part of "roving" immigration patrols in California. Justice Sotomayor, joined by Justices Kagan and Jackson, dissents:

It feels quite bad to be flying back to this, but I’m grateful this is Pritzker’s posture toward it all.

Thank you to @jschrinerbriggs.bsky.social for a wonderful presentation on “Anti-Speech Institutionalism” to kick off this year’s Ideas Lunch program!

I had a really good time putting some ideas on the table. Thanks for having me, @yaleisp.bsky.social!

I submitted a letter to the editor in response.

Newspapers disappear. Communities’ stories shouldn’t. Community Webs librarians are archiving grassroots news to preserve the web we built. Learn more ⤵️ blog.archive.org/2025/08/27/p... 🧵