Lightnews — Scholar-powered news

Reposted by Evelyn Douek

Evelyn Douek @evelyndouek.bsky.social · 23h

I wrote about an under-appreciated aspect of AAUP v. Rubio. It is the first case of the Trump Era to explicitly identify and reject the primary and most pernicious form of speech suppression employed by this Administration: Chill.

balkin.blogspot.com/2025/10/aaup...

Balkinization: AAUP v. Rubio and the Big Chill

A group blog on constitutional law, theory, and politics

balkin.blogspot.com

21 30

Evelyn Douek @evelyndouek.bsky.social · 23h

I wrote about an under-appreciated aspect of AAUP v. Rubio. It is the first case of the Trump Era to explicitly identify and reject the primary and most pernicious form of speech suppression employed by this Administration: Chill.

balkin.blogspot.com/2025/10/aaup...

Balkinization: AAUP v. Rubio and the Big Chill

A group blog on constitutional law, theory, and politics

balkin.blogspot.com

21 30

Reposted by Evelyn Douek

Genevieve Lakier @genevievelakier.bsky.social · 4d

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...

The Unconstitutional Conditions Doctrine and the Compact for Excellence

Members of the Trump administration love to say that federal funding is a privilege not a right and therefore something that can be granted or withheld based on changing administrative priorities.

blog.dividedargument.com

5 230 560

Evelyn Douek @evelyndouek.bsky.social · 5d

Nothing says "free speech" like "you shall abstain from speech relating to societal and political events"

Screenshot from proposed University compact reading: 4 - INSTITUTIONAL NEUTRALITY
Signatories shall maintain institutional neutrality at all levels of their administration. This requires policies that all university employees, in their capacity as university representatives, will abstain from actions or speech relating to societal and political events except in cases in which external events have a direct impact upon the university.
Policies requiring institutional neutrality must apply with equal force to all of the university’s academic units, including all colleges, faculties, schools, departments, programs, centers, and institutes

1 10 36

Reposted by Evelyn Douek

Jameel Jaffer @jameeljaffer.bsky.social · 7d

Judge Young: "The First Amendment does not draw President Trump’s invidious distinction and it is not to be found in our history or jurisprudence." An extraordinary, historic victory for democratic freedom. knightcolumbia.org/content/in-l...

In Landmark Ruling, Federal Court Says Trump Administration Violated First Amendment By Deporting Foreign Citizens for Pro-Palestinian Advocacy

knightcolumbia.org

2 24 73

Evelyn Douek @evelyndouek.bsky.social · 7d

This non-citizen is still trying to find the right words about this, but it's nice to know that when I do at least one judge (and a whole bunch of passionate and amazing lawyers) agrees those words are protected

AAUP @aaup.org · 7d

BREAKING: WE WON!!!
💥 💥 💥

Federal Judge William G. Young ruled today in our lawsuit against the Trump administration that the policy of arresting, detaining, & deporting noncitizen students & faculty members for their pro-Palestinian advocacy violates the 1st Amendment.

Full ruling here:

Findings of Fact & Conclusions of Law – #261 in American Association of University Professors v. Rubio (D. Mass., 1:25-cv-10685) – CourtListener.com

Judge William G. Young: ORDER entered. FINDINGS OF FACT AND RULINGS OF LAW, PURSUANT TO FED. R. CIV. P. 52(A)(Sonnenberg, Elizabeth) (Additional attachment(s) added on 9/30/2025: # 1 Main Document) (J...

www.courtlistener.com

15

Reposted by Evelyn Douek

Genevieve Lakier @genevievelakier.bsky.social · 12d

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...

Can Government Officials Pressure Private Companies and Universities to Restrict Speech?

open.spotify.com

5 15

Evelyn Douek @evelyndouek.bsky.social · 17d

Very cool and very free speechy, no notes

CNN @cnn.com · 17d

The United States will have control over TikTok’s algorithm in the acquisition of the social media platform’s US operations, White House press secretary Karoline Leavitt said.

US will complete TikTok deal ‘in coming days’ and control its algorithm, White House says | CNN Business

The United States will have control over TikTok’s algorithm in the acquisition of the social media platform’s US operations, White House press secretary Karoline Leavitt said on Saturday.

www.cnn.com

3 13

Reposted by Evelyn Douek

Genevieve Lakier @genevievelakier.bsky.social · 18d

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...

Did Brendan Carr Violate the First Amendment? And Can Anything Be Done?

the constitutional law of jawboning

blog.dividedargument.com

2 58 160

Reposted by Evelyn Douek

Rick Hasen @rickhasen.bsky.social · 18d

Genevieve Lakier is who everyone should be reading on the risks of government jawboning in the Jimmy Kimmel case. @genevievelakier.bsky.social

Richard M Re @richardre.bsky.social · 18d

Lakier on Carr and jawboning:

blog.dividedargument.com/p/did-brenda...

Did Brendan Carr Violate the First Amendment? And Can Anything Be Done?

the constitutional law of jawboning

blog.dividedargument.com

1 17 43

Reposted by Evelyn Douek

Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 20d

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.

2 13 86

Evelyn Douek @evelyndouek.bsky.social · 21d

The project of “Restoring Freedom of Speech and Ending Federal Censorship” (Exec. Order No. 14,149) sure does involve a lot of speech chilling and federal censorship

Aaron Rupar @atrupar.com · 21d

JON KARL: What do you make of Pam Bondi saying she's gonna go after hate speech? A lot of your allies say hate speech is free speech

TRUMP: We'll probably go after people like you because you treat me so unfairly. You have a lot of hate in your hate. Maybe they'll have to go after you.

20 78

Evelyn Douek @evelyndouek.bsky.social · 22d

"the proudest boast of our free speech jurisprudence is that we protect the freedom to express 'the thought that we hate.'"

-- noted leftist Justice Alito

The Bulwark @thebulwark.com · 22d

Attorney General Pam Bondi: "There's free speech and then there's hate speech, and there is no place, especially now, especially after what happened to Charlie, in our society...We will absolutely target you, go after you, if you are targeting anyone with hate speech."

9 25 120

Evelyn Douek @evelyndouek.bsky.social · 22d

the president and a foreign adversary opaquely deciding the terms of the continued operation of one of the most powerful speech platforms in the country, just like the framers intended

www.theverge.com/news/778087/...

The US and China might finally have a TikTok deal

The clock is ticking on TikTok.

www.theverge.com

1 8 18

Evelyn Douek @evelyndouek.bsky.social · 22d

public sphere so robust, uninhibited and wide-open that i'm hesitant to even be explicit about the extraordinary levels of ambient chill we are seeing

3 24

Evelyn Douek @evelyndouek.bsky.social · 25d

more regulation kayfabe

www.politico.com/news/2025/09...

Gavin Newsom to decide on bill fining tech giants for promoting violent content

It would hold social media companies liable when algorithms promote posts that violate California’s civil rights laws.

www.politico.com

2 6

Evelyn Douek @evelyndouek.bsky.social · 26d

this sends a clear -- and chilling -- message to immigrants about *any* political speech, far beyond Kirk

www.axios.com/2025/09/11/c...

State Department warns immigrants not to mock Kirk's death

Deputy Secretary of State Christopher Landau posted the warning on Thursday.

www.axios.com

8 22 62

Reposted by Evelyn Douek

Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 26d

This doesn't seem to be an idle threat. Landau is responding to people reporting posts on X with an image suggesting that they'll put permanent black marks in peoples' files or even seek to strip visas from people who "made light" of Kirk's assassination.

Another betrayal of the First Amendment.

180 670 1.7K

Evelyn Douek @evelyndouek.bsky.social · 29d

anyone that puts this mural on a tshirt can have my money

The Associated Press @apnews.com · 29d

A new mural by elusive street artist Banksy showing a judge beating an unarmed protester with a gavel will be removed from a wall outside one of London’s most iconic courts, authorities said Monday.

New Banksy mural of a judge beating a protester to be removed from outside London court

A new Banksy mural showing a judge beating an unarmed protester with a gavel will be removed from outside a London court.

bit.ly

1 3 16

Evelyn Douek @evelyndouek.bsky.social · Sep 6

Definitely what an uninhibited, robust and wide open public sphere looks like

Ben Rothenberg @benrothenberg.bsky.social · Sep 6

More news breaking at Bounces about Donald Trump's visit to the US Open men's final.

The US Open has sent an email to broadcasters, obtained by Bounces, ordering them to censor any reactions or protests from the crowd to Trump's appearance.

Read more here:

www.benrothenberg.com/p/us-open-do...

U.S. Open Orders Broadcasters to Censor Reactions to Trump

An email obtained by Bounces includes instructions from the U.S. Open on supporting Trump's planned stagecraft during the National Anthem.

www.benrothenberg.com

1 3 13

Evelyn Douek @evelyndouek.bsky.social · Sep 3

A good and timely reminder at the end of the Harvard opinion of why this is not just about Harvard, and it's not just about antisemitism.

storage.courtlistener.com/recap/gov.us...

The First Amendment is important and the right to free speech must be zealously
guarded. Free speech has always been a hallmark of our democracy. The Supreme Court itself
has recognized that efforts to educate people, change minds, and foster tolerance all benefit from
more open communication, not less. As Justice Brandeis wrote in the seminal case of Whitney
v. California, “[i]f there be time to expose through discussion the falsehood and fallacies, to avert
the evil by the processes of education, the remedy to be applied is more speech, not enforced
silence,” 274 U.S. 357, 377 (1927) (Brandeis, J., concurring), or, in this case, the forced adoption
of a political orthodoxy. As pertains to this case, it is important to recognize and remember that 81
if speech can be curtailed in the name of the Jewish people today, then just as easily the speech
of the Jews (and anyone else) can be curtailed when the political winds change direction

1 6

Evelyn Douek @evelyndouek.bsky.social · Aug 23

Last week, Justice Kavanaugh said he thought this law was likely unconstitutional but he just wasn't convinced the balance of harms and equities favored putting the law on hold while the case proceeded.

Such a speech-protective court!

www.supremecourt.gov/opinions/24p...

8 11

Evelyn Douek @evelyndouek.bsky.social · Aug 19

Gosh, good thing there's no reason to think that the platform has any incentive to artificially increase the reach of this account or in any other way bend the rules

www.reuters.com/world/us/whi...

Exclusive: White House launches TikTok account with Trump saying 'I am your voice'

The White House launched an official TikTok account on Tuesday, taking advantage of the short video app's more than 170 million U.S. users to spread the messages of President Donald Trump.

www.reuters.com

1 1 13

Evelyn Douek @evelyndouek.bsky.social · Aug 19

Whatever they do, visa applicants should never criticize America's robust and exceptional free speech tradition

Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · Aug 19

NEW: McCarthyism returns to immigration law, as @USCIS announces that it will begin screening applicants for immigration benefits for "Anti-America ideologies or activities." The term has no prior precedent in immigration law and its definition is entirely up to the Trump admin.

August 19, 2025 PA-2025-16
Policy Alert
SUBJECT: Clarifying Discretionary Factors in Certain Immigration Benefit Requests
Purpose
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS
Policy Manual regarding the factors that officers may consider in certain benefit requests where an
exercise of discretion is required, including factors relating to aliens’ past requests for parole and
any involvement in anti-American or terrorist organizations.
Background
For certain immigration benefit requests, such as adjustment of status, the alien bears the burden of
proof to demonstrate that a favorable exercise of discretion is warranted.1 For these benefit requests,
the discretionary analysis is a separate component of adjudicating the benefit request which occurs
after an officer determines whether all threshold eligibility requirements have been met. The act of
exercising discretion involves weighing positive and negative factors and considering the totality of
the circumstances in each case. There are various factors officers may consider when conducting a
discretionary analysis, including facts relating to an alien’s conduct, character, family ties,
immigration history, and any humanitarian concerns.
USCIS guidance provides that an alien’s compliance with immigration laws is a relevant factor when
determining if a favorable exercise of discretion is warranted. USCIS is updating the Policy Manual
to provide additional guidance for officers on the significant negative discretionary weight USCIS
assigns in circumstances where an alien has endorsed, promoted, supported, or otherwise espoused
the views of a terrorist organization or group, including those who support or promote anti-American
ideologies or activities, antisemitic terrorism, antisemitic terrorist organizations, and antisemitic
ideologies, in any case involving an exercise of discretion.2
In cases where the alien has engaged in such activities, USCIS will enforce all relevant …

1 31 69

Evelyn Douek @evelyndouek.bsky.social · Aug 19

"Once dissent was squashed, TikTok no longer posed a threat."

Good piece.

I would add that TikTok now faces a ban at the flick of the President's pen... How could that not be affecting content moderation now?

www.theverge.com/features/761...

What is the correct amount of pro-Palestine content?

The origins of the TikTok ban.

www.theverge.com

3 41 150