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"Oh, you thought 2020 Twitter was bad? What if I told you every conceivable sect of left-liberalism found a shared online network to sharpen their ideological differences and amass internecine grievances years in advance of 2028?"

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 1d

The Democratic presidential primary is going to be an absolute nightmare on this site.

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 1d

I think this is both likely constitutional and also a terrible decision.

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 1d

I don’t know enough to speak confidently as to the specifics, but “time, place, and manner restrictions” on speech, rather than those based on content or viewpoint, fly by more easily when subject to legal challenge. This is clearly a TPM restriction, and I wouldn’t be surprised if it were upheld.

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 1d

What are we doing here?

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 1d

The solution to the violent and wanton suppression of free speech is not to more considerately suppress it.

Dave Byrnes @djbyrnes1.bsky.social · 1d

This order comes after Broadview FD called a fence ICE erected in front of its facility illegal, after local & state police established "free speech zones" for protestors last week, and after the same local & state police joined feds in arresting protestors on Friday: thetriibe.com/2025/10/illi...

Illinois State Police assist feds in Broadview protest, Chicago alderperson cuffed at hospital, rapid responders tear gassed in Logan Square • The TRiiBE

A roundup of ICE activity in the Chicagoland area on Oct. 3.

thetriibe.com

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

Generally consistent with my impression of his 2020 campaign (which Smith ran, if I'm remembering correctly).

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

David I take it?

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

Only one I've come across so far!

Bonus 180: "Domestic Terrorism" and NSPM-7

The Trump administration is hoping no one notices that, although federal law *defines* "domestic terrorism," it provides no special authorities against anyone whose behavior *meets* that definition.

www.stevevladeck.com

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Reposted by Jacob Schriner-Briggs

Anthony Michael Kreis @anthonymkreis.bsky.social · 2d

The weird snipe at @stevevladeck.bsky.social aside, Ilan misses the entire point that even the framers accepted the general idea of judicial oversight re: the president's deployment of military forces. Congress enacted a statutory regime. The president is bound by it. Courts have equitable powers.

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

Exactly! And I don't know whether he did high school debate, but let me just say I would be shocked if he didn't. This kind of thing is precisely what won rounds and, because "meritocracy" rewards it long past high school competition, there's great temptation to never grow out of it.

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

That's a *very bad* form of socialization, especially as law schools and legislatures fill up with former debaters.

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

Exactly! It's part of what I write there. The incentives of elite debate convert what could be a (limited) genuine inquiry into incredibly sophisticated sophistry. And the bigger problem is that debate socializes competitors toward that thinking generally while meritocracy rewards them for it.

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

It's a high school debate tactic! It's pedantic and a generally bad faith practice in that context! And would you believe that it's even worse when you're using it to aid and abet this administration's assault on U.S. cities and their residents!

marginaliablog.substack.com/p/birthright...

Birthright Citizenship, Meritocracy, and the "Debate-ification" of Public Life

The amorality and influence of elite high school debate is worth contemplating

marginaliablog.substack.com

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

Ah, there's actually an important distinction between "judges" and "courts" at work here, you see? And when a "judge," rather than a "court," "certifies certain conditions," that's a "non-judicial function." Thus, the President is not subject to the equitable powers of courts. QED, really.

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

This is a recurring tactic: use strangely fine distinctions to create logical epicycles which then function as wedges to disrupt settled law. He did the exact same thing by arguing that technical international law principles historically explain (and thus drive) how the Citizenship Clause operates.

Steve Vladeck @stevevladeck.bsky.social · 2d

So the argument is that Congress giving *judges* this power ≠ Congress giving *courts* this power?

Umm…

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

I’m envisioning something more like thematic framing than a primary driver of a brief, but yes this is fair.

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

Fair point!

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Jacob Schriner-Briggs @jschrinerbriggs.bsky.social · 2d

Before it felt mostly like edgelord bluster from the admin’s worst blowhards. Now it feels like a more deliberate campaign to move the idea from off the wall to on. To your point though, DOJ briefing is the biggest tell, I just wouldn’t be shocked to see an Art. II arg like this appear.

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