Honored to be delivering the Barrett Lecture today at @ucdavislaw.bsky.social on whether the president has a constitutional power to refuse to spend congressional appropriations (a constitutionally based impoundment power)

“You got to win the midterms, because if we don’t win the midterms... I’ll get impeached.” Get ready www.amazon.com/Impeachment-...

Texas schools just continually beclowning themselves to satisfy the politicians

From @jacklgoldsmith.bsky.social Subtitle about sums it up: Executive branch precedents can be garnered to support the action—which does not, of course, mean that it is lawful. www.execfunctions.org/p/on-the-leg...

Have we moved on from rugged individualism discourse, because I've got a plug

Had to be done eventually. New syllabus for new class. Advanced Constitutional Law: Federalism and Separation of Powers

Is the congressional power to authorize war part of the “Constitution in exile”? Maybe so, but I’m going to teach it anyway

Latest episode of the Academic Freedom Podcast featuring @genevievelakier.bsky.social discussing the Trump administration's Compact & approach to higher education reform now available at www.podbean.com/ew/pb-qq7fw-...

Some reading given the Court’s docket papers.ssrn.com/sol3/papers....

Published back in March but perhaps of renewed interest Judicial Impeachments Should Be a Last Resort thedispatch.com/article/trum...

Proposed revision of Texas A&M system policy 08.01 poses significant risks to academic freedom, back to early 20th century fights over presidents vetoing course materials that offend political sensibilities

70% off paperback until end of October Speak Freely | Princeton University Press press.princeton.edu/books/paperb...

This holds up www.lawfaremedia.org/article/time...

Do you or your students want to think through the complexities of academic freedom and government speech at public universities? I have something for you www.amazon.com/You-Cant-Tea...

The next national faculty FedSoc annual conference will be electric, as the kids say these days

Two new items from me today on the Trump administration's new Compact for Academic Excellence in Higher Education www.washingtonexaminer.com/wp-content/u...

New article now available

For some reason the Trump cert petition did not cite my piece, but figure it might become relevant papers.ssrn.com/sol3/papers....

Yet another no good, very bad day for the Constitution www.nytimes.com/2025/10/02/u...

My conversation w/ @jacklgoldsmith.bsky.social on whether Trump is a reconstructive president and what that means open.substack.com/pub/executiv...

If I’m ever elected president, I will work into every speech my grievances with Reviewer 2

Some excellent news regarding my new center at Yale. Maybe there’ll be some work for him to do at some point Joe Cohn Joins the Center for Academic Freedom and Free Speech as Executive Director law.yale.edu/yls-today/ne...

Opinion | The academic-freedom expert Keith Whittington weighs in on the rash of recent firings.

Opinion | Academic freedom expert Keith Whittington weighs in on recent events in Texas.

Rosie O’Donnell discourse leads me to Robert Dahl and his critics and how constitutional constraints are shed

Nearly half off for Kindle edition “Written with a commendably cool head, Whittington’s book will be a key guide for legal experts as well as lay readers.” The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool a.co/d/aQl4iXs

I know there's a lot happening today, but this is sneaking in under the radar. This proposed new rule would absolutely crush foreign PhD students, potentially making it impossible for them to enroll with any certainty of their ability to finish www.politico.com/news/2025/08...

Ok, let’s take a look at this flag burning executive order. As usual, much less than meets the eye, but great for culture war fodder on both sides 1/

Ok, let’s take a look at this flag burning executive order. As usual, much less than meets the eye, but great for culture war fodder on both sides 1/

You start with the ones that will get votes, if you want the articles to pass. You start with the ones that will drive public attention and anger, if you primarily want it for mobilization purposes.

Figured it was about time to try the much vaunted New Haven pizza, but guess I’ll have to try again later

Read @jacklgoldsmith.bsky.social open.substack.com/pub/executiv...

Federal district court declines to issue preliminary injunction in U. of Alabama case on classroom instruction of divisive concepts on grounds that profs are unlikely to prevail on their 1st Amendment claims 1/

This paper discusses the concept of university independence, particularly focusing on public universities in the United States. spkl.io/63325AJCTX @kewhittington.bsky.social

“Highly recommended. Download it while it's hot!”

My new paper on the politics of university autonomy 1/

My new article on the First Amendment & academic freedom problems with diversity statements in faculty hiring is now out reason.com/volokh/2025/...

*Speak Freely* on sale for less than $9 in both paperback and kindle versions www.amazon.com/Speak-Freely...

New episode of the Academic Freedom Podcast w/ tax policy and nonprofit law expert @bdgesq.bsky.social discussing the proposed university endowment tax. www.podbean.com/ew/pb-z9mv6-...

UNC is going to have real faculty recruitment and retention problems if the trustees are going to start randomly pulling to the rug out from under people b/c they generally don't like the idea of tenure www.insidehighered.com/news/faculty...

Fast and furious. New episode of the Academic Freedom Podcast. A conversation with Eugene Volokh on the First Amendment implications of the Trump administration's decertification of Harvard's participation in the international student exchange program www.podbean.com/ew/pb-h5gty-...

New episode of the Academic Freedom Podcast just dropped. My conversation with Cass Sunstein on the Trump administration's federal funding freeze aimed at Harvard University and the constitutional issues raised by those actions. www.podbean.com/ew/pb-egdf7-...

On the Academic Freedom Podcast, I discuss with experts issues both timeless and timely relating to academic freedom, campus free speech, and the state of higher education 1/ academicfreedom.org/podcasts/

Latest episode of the Academic Freedom Podcast now out featuring ‪Daniel Hemel discussing Trump's threat to rescind the tax exempt status of Harvard University ‪@danielhemel.bsky.social‬ www.podbean.com/ep/pb-6hysf-...

Failed to anticipate hypothetical of launching a moronic trade war

"Threatening the impeachment of judges when litigation is still in process ... is less about correcting an abuse of power and more about eliminating checks and balances on executive actions." Keith E. Whittington: