Great piece from @dorfonlaw.bsky.social about how to limit the executive branch’s influence over universities. New in @knightcolumbia.org’s series on “Reconstructing Free Expression” knightcolumbia.org/blog/a-nongo...

The rule against viewpoint discrimination is one of the most imptl in First A law. But as I show in a new paper, forthcoming in the U Penn Law Review, the test of viewpoint discrimination has changed a LOT in the past few decades, in good ways and bad. 🧵 papers.ssrn.com/sol3/papers....

I am *very* excited about this paper! And especially glad to see someone tackling Justice Alito’s baffling claim in Matal v. Tam that “giving offense is a viewpoint”

The rule against viewpoint discrimination is one of the most imptl in First A law. But as I show in a new paper, forthcoming in the U Penn Law Review, the test of viewpoint discrimination has changed a LOT in the past few decades, in good ways and bad. 🧵 papers.ssrn.com/sol3/papers....

Highly recommended! An excellent and incisive takedown of one of the worst Supreme Court 1A decisions in recent memory....

I am thrilled that my article exploring the STRONG protection that 1A law provides against govt jawboning is now out in @uchilrev.bsky.social. It is deeply depressing however that understanding the law of jawboning remains so impt today lawreview.uchicago.edu/print-archiv...

My thoughts on the principles that should guide structural reform of our free speech system in a post-Trump era (🤞), for @knightcolumbia.org's Reconstructing Free Expression project

This was a very interesting convo with @kimlanelaw.bsky.social on @knightcolumbia.org 's new podcast about the challenges of being a lawyer when law is being used for authoritarian ends, and what lawyers and law SCHOOLS should be doing about it. Recommended! podcasts.apple.com/us/podcast/w...

www.qasimrashid.com/p/universiti... An important reminder of how much of hte repression of speech in US higher ed is a product of cowardly administrators, not just interfering politicians. Do we value free speech or not?

This is not consistent with First Amendment law. At all!! Strong 1A protections apply when lawyers engage in public discourse. (Even when they don't, see Chiles v Salazar!)

This was a great, funny if also as always depressing segment, featuring the amazing work from the @uchicagolaw.bsky.social Federal Criminal Justice Clinic. Thumbs up and five stars.

This is a heartbreaking story of the transformation of civil rights law as we know it. Sarah Koenig asks in the podcast how, if the law didn’t change, the enforcement of federal civil rights law can have changed so dramatically over the past year 🧵 www.nytimes.com/2026/03/13/p...

Last week, the 2nd Circuit upheld NY’ s ban on the provision of legal advice by non-lawyers, even to people who have no ability to pay for a lawyer and reversed the lower court decision that held the 1A granted the right to provide advice in these circs. 🧵 storage.courtlistener.com/recap/gov.us...

My thoughts for @knightcolumbia.org on what to do about the private as well as gov authoritarianism that helps explain why, even tho they are not broadly popular, the admin's efforts at ideological control have often been so successful...

Essential thinking on “institutional authoritarianism” @genevievelakier.bsky.social

I will be testifying at this panel also, along with @beidelson.bsky.social and Eugene Volokh. it should be interesting bc panelists are very far apart: Did the fed gov do too little to repress antisemitic student speech on campus after Oct 2023? or did it instead flagrantly violate 1A rights?

Speaking of jawboning, this is a very effective example of the art. Or at least, it was until Stephen Colbert refused to play along. But impt to note: Brendan Carr has NO POWER to abolish an exemption that Congress wrote into the equal time rules. He is bluffing here. www.nytimes.com/2026/02/17/a...

I appreciate this thoughtful review by @leahlitman.bsky.social of my article on the 1A law of jawboning. Jawboning is the dominant mode of speech reg of the Trump admin. So it is impt to understand the signif (if underenforced) constraints the 1A imposes.... conlaw.jotwell.com/throwing-the...

I reviewed Prof. Genevieve Lakier @genevievelakier.bsky.social's forthcoming Chicago Law Rev @uchilrev.bsky.social article on Jawboning for Jotwell! @jotwell.bsky.social Check out my review: conlaw.jotwell.com/throwing-the... - and, more importantly! - her article: papers.ssrn.com/sol3/papers....

Every crisis is an opportunity, which means the time is NOW to figure out how to reform our system of free expression to enable it to better resist authoritarian repression of the kind all around us. Very grateful that @knightcolumbia.org is jumpstarting this impt convo about how to do just that.

"Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us .... The First Amendment... does not tolerate laws that cast a pall of orthodoxy over the classroom." Keyishian v. NY (1967). www.columbiaspectator.com/news/2026/02...

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....

It's time to abolish Trump’s ICE.

An important behind the scenes look at how jawboning, the FCC, and the messiness of media regulation have collided in the last year. @genevievelakier.bsky.social has the definitive article on NRA v. Vullo and jawboning, a hugely important issues in Trump’s 2nd term. www.nytimes.com/2026/01/12/m...

Excellent op-ed by @evelyndouek.bsky.social and @jameeljaffer.bsky.social about one of the very worst First Amendment decisions by the Court in recent years, and its terrible contemporary implications

On the hit podcast Supreme Betrayal, @genevievelakier.bsky.social, @marktushnet.bsky.social, and Louis Michael Seidman discuss whether we need the courts to protect free speech.

Listening to the SCOTUS arguments in the latest free speech challenge to campaign finance, NRSC v FEC, I am struck by the fact that the 1A is both a primary cause of the political hellscape in which we find ourselves AND one of the most powerful defenses against it www.scotusblog.com/cases/case-f...

I walked two miles to a lunch meeting only to get stood up, BUT I listened to this on the walk, so it's still a win.

I had a very lively discussion with Mike Seidman and @marktushnet.bsky.social about whether we need courts to protect free speech. It was a very generative convo, in part bc we disagreed so much but share I think political aims, generally. Check it out: podcasts.apple.com/us/podcast/s...

I wish there was federal damages available for 1A violations. Trump should have to pay $$$$$$ every time he tries to intimidate the press in this way.

Monday 12:30 ET: The chilling effects of the Trump administration's policies (and jawboning) are widespread - how are they being challenged in court, and what is the state of 1A doctrine on chilling effects? An expert panel will discuss, including current cases AAUP v. Rubio and UAW v. State Dept:

Law Profs teaching First Amendment: I have put together a FREE, recently updated, and easy to use casebook for use in free speech classes. If you are interested in using such a casebook, send me an email or DM and I would be happy to share!

This starts tomorrow! I will be moderating a little chat about jawboning with @genevievelakier.bsky.social and Derek Bambauer. How timely :)

An amazing tool for advocating on your own campuses against the Compact (so much gratitude to @genevievelakier.bsky.social, @veenadubal.bsky.social, and @aaup.org writing this incredibly incisive letter that we can all use) 👀 👀 👀

"The Department of Education’s proposed 'compact for higher education' is unconstitutional and should be unequivocally rejected by universities" -- new from Amanda Shanor & @serenamayeri.bsky.social at @knightcolumbia.org

Worth also reading @genevievelakier.bsky.social’s Substack post on the unconstitutionality (quaint notion!) of tying federal fund access to waiving First Amendment rights… blog.dividedargument.com/p/the-uncons...

For insightful views on Trump’s Higher Ed Compact, check out: @fishkin.bsky.social at balkinization: balkin.blogspot.com/2025/10/the-... @genevievelakier.bsky.social at divided argument: blog.dividedargument.com/p/the-uncons... And @himself.bsky.social in the NYT: www.nytimes.com/2025/10/08/o...

Excellent post by @evelyndouek.bsky.social about the most important doctrinal move made by the Court in the Rubio case: to take seriously the chilling of speech as a First A injury. It should not be hard to understand why recognizing this matters so much to all of us RIGHT NOW.

Great piece @insidehighered.com by Robert Post and Tom Ginsburg about the considerable threats posed by Trump's (extortion) "compact" with 9 universities. @aaup.org www.insidehighered.com/opinion/view...

Hello! I am your friendly neighborhood First Amendment professor here to provide some background on Chiles v. Salazar, to be argued in Supreme Court this morning. At issue is whether Colorado can ban licensed therapists from inflicting the discredited practice of “conversion therapy” on minors

“The fact that so many of its provisions infringe on the protected 1st A rights of the universities…makes the Compact almost certainly unconstitutional.” Must read by @genevievelakier.bsky.social blog.dividedargument.com/p/the-uncons...

Excellent post--and in its own way remarkably hopeful about the unlikeliness of the Compact to succeed in its effort to control American higher education...

The Trump Administration’s “Compact of Excellence” for Universities is... far from excellent! Indeed, it’s unconstitutional. In this post, let me count the ways. blog.dividedargument.com/p/the-uncons...

University presidents it’s time for a united front. I mean, it’s past time. What are you going to do.

The admin’s efforts to get universities to agree to a list of demands in exchange for preferential access to federal funding isn’t just “troubling” as Ted Mitchell, prez of the @aceducation.bsky.social says in this article; it looks blatantly unconstitutional.🧵 www.wsj.com/us-news/educ...

You would think this move by Texas Tech would be blatantly unconstitutional bc it intrudes so much on academic freedom, which SCOTUS has insisted is a "special concern of the First Amendment." But you would be wrong 🧵https://www.nytimes.com/2025/09/26/us/politics/texas-tech-gender.html

The week in review: @genevievelakier.bsky.social on weaponizing antidiscrimination law, @sanjukta.bsky.social on laws and markets, and Ally Coll and Justin Gravlee on NIH v. APHA. Plus, an incredible conference on Capitalism and Socialism (free, online, starting in an hour 😬).

I talked with Jeffrey Rosen and Eugene Volokh about the law of jawboning, Brendan Carr's threats against ABC, the Trump admin's threats against universities, and the deep problems created by a public sphere in which the gov pulls so many purse strings. open.spotify.com/episode/1sZo...

for years when academics warned about the problems with letting media consolidate at the hands of one of two companies people yawned, now every day there's another vivid example of why they were right

To kick off a series on @lpeblog.bsky.social exploring the perverse use of antidiscrimination law by the Trump admin, I wrote about the radical interpretation the admin has adopted of Title VI and what it means for TItle VI's past & future. lpeproject.org/blog/title-v...