Rebecca Tushnet
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rtushnet.bsky.social
Rebecca Tushnet
@rtushnet.bsky.social

Trademark, advertising, and more

Rebecca Tushnet is an American legal scholar. She serves as the Frank Stanton Professor of First Amendment Law at Harvard Law School. Her scholarship focuses on copyright, trademark, First Amendment, and false advertising. .. more

Law 39%
Business 28%
AOC: I want everybody to understand that the cuts to your health care are what’s paying for this. You get screwed over to pay a bunch of thugs in the street that are shooting mothers in the face.

Reposted by Rebecca Tushnet

Big and surprising copyright opinion in the 5th Circuit.

In Vetter v. Resnik, the panel affirms the District Court, holding that when songwriter effected his termination rights under 17 USC 203, it applied to worldwide rights and not just U.S. rights.

OK, I accept that (but still meets the dictionary definition). Presumably we'll learn their position tomorrow when she responds to the judge's order.

Reposted by Rebecca Tushnet

Doubtful. There was no judicial order enjoining Halligan from continuing to serve. The appointment was unlawful, and therefore her exercise of authority is, too, but not because of anything the court ordered.

Pretty sure you could use this as a definition of "contempt": "Senior Justice Department officials have privately decided that because Judge Currie’s ruling did not expressly remove Ms. Halligan from office, she could remain, according to people familiar with their decision." Privately, you say?
Federal Prosecutor Is Fired Amid Further Turmoil in Comey Case
www.nytimes.com
“You can’t indiscriminately take people off our streets—American citizens off our streets. You cannot drag pregnant women through the snow. You’re not allowed to take teenagers out of their car and detain them... That is against our United States Constitution.” —Minneapolis Mayor Frey
Big clash this afternoon between DHS agents and protesters in a residential street in Minneapolis, following a DHS agent hitting another vehicle. Tear gas was deployed in people’s yards and agents pepper prayed people.

Right of publicity question of the day, Fed edition
“Please note that buying this will not in any direct way support Jerome Powell, but if we sell a decent number we’ll donate the profits to the FT’s Financial Literacy and Inclusion Campaign, to slightly reduce the chance this happens again.”
Keep Alphaville free* by investing in our Free** Jay Powell merch.

* without cost
** not under the control of another

as.ft.com/r/82db28aa-3...
BREAKING: Senator Mark Kelly sues Pete Hegseth, DOD, and others over Hegseth's censure of Kelly and effort to reduce his retirement grade, alleging violations of the First Amendment, due process, Speech & Debate Clause, and federal laws.

Kelly is represented by Arnold & Porter.

Reposted by Rebecca Tushnet

“Please note that buying this will not in any direct way support Jerome Powell, but if we sell a decent number we’ll donate the profits to the FT’s Financial Literacy and Inclusion Campaign, to slightly reduce the chance this happens again.”
Keep Alphaville free* by investing in our Free** Jay Powell merch.

* without cost
** not under the control of another

as.ft.com/r/82db28aa-3...
Get your ‘Free Jay Powell’ T-shirts here
[FREE TO READ] Street Fed
as.ft.com

Reposted by Rebecca Tushnet

I’m kinda laughing to myself about how to email collaborators about this. “Hey can we push this deadline back again? My region is being occupied by violent federal forces, and I’m only a *naturalized* citizen, and it’s been impacting my sleep and executive function for some reason.”
The Supreme Court sets aside lower court decisions upholding convictions for bribery related to the FIFA scandal because the Trump administration decided to dismiss those criminal cases "in the interests of justice." The FIFA prosecution ends in a whimper. www.supremecourt.gov/orders/court...

Reposted by Rebecca Tushnet

“'We have to define the stakes of this fight. If this current crop of ICE agents is the lowest number of ICE agents we’re going to have for the next five years, the next crop, with no real government oversight, will be chillingly worse...'"

open.substack.com/pub/thebulwa...
ICE Becomes Central to 2026
Democrats debate how best to push back against the rogue agency and its leaders.
open.substack.com
A video of ICE agents conducting door-to-door searches today in Minneapolis

The homeowner requests a warrant repeatedly, is told they don't require one, then is told they're getting it, then the agents storm in anyway

They also point a taser at her to try and disrupt filming

Reposted by Anne Applebaum, Stephen M. Walt, Kori Schake , and 88 more

Video message from Federal Reserve Chair Jerome H. Powell:
www.youtube.com/watch?v=KckG...
www.federalreserve.gov/newsevents/s...
Statement by Federal Reserve Chair Jerome H. Powell
YouTube video by Federal Reserve
www.youtube.com

This is one of those things where I tolerate multiple arguments though I agree that no amount of training will solve the problem of what they're being encouraged to do by leadership. It's still also a problem that policies are set based on flattering T and assuming that aggressiveness is enough

Such an excellent opportunity for a Maenad Self-Defense Force
Ladies you “Zumba-ed” too hard!

Reposted by Rebecca Tushnet

It's that time of year!

Tulane Law School invites applications for its Forrester Fellowship position, which is designed for promising scholars who plan to apply for tenure-track law school positions. The Forrester Fellow is full-time faculty in the law school and... 1/4
Ladies you “Zumba-ed” too hard!
Losing my shit at Ashley St Clair doing a reverse Naomi Wolf.
We have cleaned up the crime scene and blocked a local investigation and hidden the perpetrator and invaded the state and that is how you know that we are acting in good faith and that everything was the victim’s fault.
www.nytimes.com/live/2026/01...
Trump Administration Live Updates: Noem Says ‘Hundreds More’ Agents Will Be Sent to Minnesota Over ‘Corruption’
www.nytimes.com
The message from the White House this morning is that, once again, it falls on ordinary American citizens to remain calm and professional when dealing with the heavily armed agents of the government because they are very emotional and might fly off into a murderous rage at the slightest insult.

Reposted by Rebecca Tushnet

If you need some hope today — and don’t we all? — read @adambonica.bsky.social . As a bonus, you’ll also find an agenda and a source of resolve to make it happen.

open.substack.com/pub/data4dem...
The Wall Looks Permanent Until It Falls
On the optimism of preparation in a time of democratic decay.
open.substack.com
"In every society fallen to authoritarianism, the state goes after the press first+ closes in on universities next.
All of us who live, work,+learn within the university should think of our institution as part of the larger constitutional structure of the nation."
www.chronicle.com/article/univ...
Universities Need a New Defense
The authoritarian threat is growing. The old playbook won’t work.
www.chronicle.com

Reposted by Rebecca Tushnet

This is the second time in three months a DHS agent called a US citizen a "bitch" as he shot her. donmoynihan.substack.com/p/whos-threa...

Incredible crossover, would watch

Reposted by Rebecca Tushnet

Rep Craig said she brought a copy of the 12/17 ruling & they refused to look at it!

Reposted by Rebecca Tushnet

"Now is the time for opposition to these drastic vaccine changes. No one should have to go through an experience like mine—not when there is a safe, simple shot that can prevent it. I hope our country can step back before too much irreversible damage is done."
open.substack.com/pub/thebulwa...
My Life Shows the Horror of RFK Jr.’s New Vaccine Guidelines
The Trump administration just yanked the recommendation for a vaccine that can spare people from what I went through.
open.substack.com