Mathias Hong
@hongmathias.bsky.social
Human Rights & Constitutional Law • Prof. of Public Law (Kehl) (private account; reposts ≤ endorsement) • 2005-2008: law clerk @BVerfG (Federal Constitutional Court of Germany) • https://verfassungsblog.de/author/mathias-hong/ • (Foto (c) U. Völkner)
Reposted by Mathias Hong
a beautifully written and powerful piece from University of Minnesota Law professor Emmanuel Mauleón on the stakes of how the legal profession responds in this moment.
lpeproject.org/blog/whistli...
lpeproject.org/blog/whistli...
Whistling at the Edge of Law
The whistle is sounding in Minneapolis. The question before the legal profession is whether we will hear it, amplify it, and act accordingly, or instead insist that the ground eroding beneath our feet...
lpeproject.org
February 12, 2026 at 2:07 PM
a beautifully written and powerful piece from University of Minnesota Law professor Emmanuel Mauleón on the stakes of how the legal profession responds in this moment.
lpeproject.org/blog/whistli...
lpeproject.org/blog/whistli...
Reposted by Mathias Hong
👇
Overall, we have tallied 4x more protests through Jan 31, 2026 than we had through Jan 31, 2018
February 12, 2026 at 7:10 PM
👇
Reposted by Mathias Hong
For those who care less about the planet here’s the local angle: climate change is going to hit your wallet: www.cnbc.com/2026/02/12/e...
How EPA 'endangerment finding' repeal could impact your wallet
The Trump administration dismantled a key defense in the U.S. fight against climate change. Experts say that may have far-reaching impacts on people's finances.
www.cnbc.com
February 12, 2026 at 8:01 PM
For those who care less about the planet here’s the local angle: climate change is going to hit your wallet: www.cnbc.com/2026/02/12/e...
Reposted by Mathias Hong
Today, the IOC withdrew the Olympic accreditation of Ukrainian athlete Vladyslav Heraskevych over his “Helmet of Remembrance.”
ANTOINE DUVAL and MARK JAMES argue the disqualification is unlawful – and that the ban on athlete “expression” violates human rights.
verfassungsblog.de/disqualify-v...
ANTOINE DUVAL and MARK JAMES argue the disqualification is unlawful – and that the ban on athlete “expression” violates human rights.
verfassungsblog.de/disqualify-v...
February 12, 2026 at 8:09 PM
Today, the IOC withdrew the Olympic accreditation of Ukrainian athlete Vladyslav Heraskevych over his “Helmet of Remembrance.”
ANTOINE DUVAL and MARK JAMES argue the disqualification is unlawful – and that the ban on athlete “expression” violates human rights.
verfassungsblog.de/disqualify-v...
ANTOINE DUVAL and MARK JAMES argue the disqualification is unlawful – and that the ban on athlete “expression” violates human rights.
verfassungsblog.de/disqualify-v...
Reposted by Mathias Hong
Slocum & Tobia on Pragmatic Textualism
Brian G. Slocum (Florida State University - College of Law) & Kevin Tobia (Georgetown University Law Center) have posted Pragmatic Textualism on SSRN. Here is the abstract: Traditional textualism instructs judges to adhere to a statute’s linguistic meaning…
Brian G. Slocum (Florida State University - College of Law) & Kevin Tobia (Georgetown University Law Center) have posted Pragmatic Textualism on SSRN. Here is the abstract: Traditional textualism instructs judges to adhere to a statute’s linguistic meaning…
Slocum & Tobia on Pragmatic Textualism
Brian G. Slocum (Florida State University - College of Law) & Kevin Tobia (Georgetown University Law Center) have posted Pragmatic Textualism on SSRN. Here is the abstract: Traditional textualism instructs judges to adhere to a statute’s linguistic meaning and reject as irrelevant its interpretive consequences. Justice Scalia famously contrasted his restrained textualist judge with “Mr. Fix-It,” a judge who inappropriately weighs consequences.
legaltheoryblog.com
February 12, 2026 at 8:25 PM
Slocum & Tobia on Pragmatic Textualism
Brian G. Slocum (Florida State University - College of Law) & Kevin Tobia (Georgetown University Law Center) have posted Pragmatic Textualism on SSRN. Here is the abstract: Traditional textualism instructs judges to adhere to a statute’s linguistic meaning…
Brian G. Slocum (Florida State University - College of Law) & Kevin Tobia (Georgetown University Law Center) have posted Pragmatic Textualism on SSRN. Here is the abstract: Traditional textualism instructs judges to adhere to a statute’s linguistic meaning…
Granick on Orin Kerr, "The Digital Fourth Amendment"
"Kerr knows that technology has generally been a boon for law enforcement".
"The primary purpose of his book is to argue that courts should" account "for this shift in the balance of power...".
1/32
harvardlawreview.org/print/vol-13...
"Kerr knows that technology has generally been a boon for law enforcement".
"The primary purpose of his book is to argue that courts should" account "for this shift in the balance of power...".
1/32
harvardlawreview.org/print/vol-13...
February 12, 2026 at 11:05 AM
Granick on Orin Kerr, "The Digital Fourth Amendment"
"Kerr knows that technology has generally been a boon for law enforcement".
"The primary purpose of his book is to argue that courts should" account "for this shift in the balance of power...".
1/32
harvardlawreview.org/print/vol-13...
"Kerr knows that technology has generally been a boon for law enforcement".
"The primary purpose of his book is to argue that courts should" account "for this shift in the balance of power...".
1/32
harvardlawreview.org/print/vol-13...
Reposted by Mathias Hong
This is a big deal. Approval polls, like the media, courts, and Congress, can serve as vehicles for presidential accountability. We are watching in real time as the institutions that could hold this administration to account wither on the vine.
Gallup announces, after 88 years, it will no longer track public approval of presidents. Trump's second-term approval rating fell to 36% in December, among the lowest ever recorded by the company. The president repeatedly has threatened to sue media and polling firms that portray him negatively.
February 12, 2026 at 3:03 AM
This is a big deal. Approval polls, like the media, courts, and Congress, can serve as vehicles for presidential accountability. We are watching in real time as the institutions that could hold this administration to account wither on the vine.
Reposted by Mathias Hong
“When Citizens United was decided in 2010, billionaires had spent $18 million on the 2000 election, $13M 2004 and $16M in 2008. Then came the deluge. In 2012 it was $231M, and nearly doubled again in next three election cycles —to $682M in 2016, $1.2 billion in 2020 and $2.6 billion in 2024.” Gift:
Opinion | Affordability and the ‘Epstein Class’ Will Define American Politics
www.nytimes.com
February 12, 2026 at 1:57 AM
“When Citizens United was decided in 2010, billionaires had spent $18 million on the 2000 election, $13M 2004 and $16M in 2008. Then came the deluge. In 2012 it was $231M, and nearly doubled again in next three election cycles —to $682M in 2016, $1.2 billion in 2020 and $2.6 billion in 2024.” Gift:
Reposted by Mathias Hong
Waffenlieferungen an Israel: Auch das BVerfG schreitet nicht ein. Wenn die Verwaltungsgerichte Klagen ausländischer Zivilisten gegen deutsche Waffenexporte für unzulässig halten, verletze das keine Grundrechte, so ein heute veröffentlichter Kammerbeschluss. Damit dürfte das Thema durch sein.
February 12, 2026 at 8:16 AM
Waffenlieferungen an Israel: Auch das BVerfG schreitet nicht ein. Wenn die Verwaltungsgerichte Klagen ausländischer Zivilisten gegen deutsche Waffenexporte für unzulässig halten, verletze das keine Grundrechte, so ein heute veröffentlichter Kammerbeschluss. Damit dürfte das Thema durch sein.
Reposted by Mathias Hong
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.
Very excited about this new @knightcolumbia.org project, both because it gives us the chance to look beyond the current democratic crisis and because so many super people have already agreed to participate. knightcolumbia.org/content/new-...
New Knight Institute Initiative to Focus on “Reconstructing Free Expression” After Trump
knightcolumbia.org
February 11, 2026 at 6:12 PM
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.
Reposted by Mathias Hong
I'm delighted that the Harvard Law Review has published a book review of "The Digital Fourth Amendment." The review, by @granick.bsky.social, is here.
harvardlawreview.org/print/vol-13...
harvardlawreview.org/print/vol-13...
February 11, 2026 at 7:32 PM
I'm delighted that the Harvard Law Review has published a book review of "The Digital Fourth Amendment." The review, by @granick.bsky.social, is here.
harvardlawreview.org/print/vol-13...
harvardlawreview.org/print/vol-13...
Reposted by Mathias Hong
And from the intro
February 11, 2026 at 3:13 PM
And from the intro
Reposted by Mathias Hong
From my abstract
February 11, 2026 at 3:13 PM
From my abstract
Reposted by Mathias Hong
My paper on the original meaning of birthright citizenship is now published
February 11, 2026 at 3:13 PM
My paper on the original meaning of birthright citizenship is now published
Reposted by Mathias Hong
Thanks are due to our contributors - also for their patience with this much delayed issue!
Recht während Gaza
überfälliger Schwerpunkt in der Kritischen Justiz
großer Dank an
@isafei.bsky.social und @barskanmaz.bsky.social
für diese wichtige Intervention
ihre Einleitung kann man hier lesen:
www.inlibra.com/de/document/...
überfälliger Schwerpunkt in der Kritischen Justiz
großer Dank an
@isafei.bsky.social und @barskanmaz.bsky.social
für diese wichtige Intervention
ihre Einleitung kann man hier lesen:
www.inlibra.com/de/document/...
February 11, 2026 at 9:30 AM
Thanks are due to our contributors - also for their patience with this much delayed issue!
Reposted by Mathias Hong
"From the River to the Sea" ist eine strafbare Hamas-Parole, hat nun erstmals ein Oberlandesgericht entschieden. Klarheit kann aber nur Karlsruhe schaffen, wo neben dem BGH nun auch das BVerfG ins Spiel kommt. @mkolter.bsky.social mit dem Stand der Dinge:
‘From the River to the Sea’: Erstes OLG bejaht Strafbarkeit
Ist der Palästina-Spruch eine strafbare Hamas-Parole? Zu der Streitfrage haben sich erstmals zwei OLG geäußert. Neben dem BGH kommt nun auch das BVerfG ins Spiel.
www.lto.de
February 10, 2026 at 2:54 PM
"From the River to the Sea" ist eine strafbare Hamas-Parole, hat nun erstmals ein Oberlandesgericht entschieden. Klarheit kann aber nur Karlsruhe schaffen, wo neben dem BGH nun auch das BVerfG ins Spiel kommt. @mkolter.bsky.social mit dem Stand der Dinge:
Reposted by Mathias Hong
Im DFG-Graduiertenkolleg „Collective Decision-Making“ an der Universität Hamburg sollen zum 01.11.2026 gleich 12 Promotionsstellen im Umfang von je 75% besetzt werden. Die Ausschreibung richtet sich vorrangig an Kandidat:innen aus der Ökonomie, der... https://www.theorieblog.de/?p=30451
February 10, 2026 at 7:30 AM
Im DFG-Graduiertenkolleg „Collective Decision-Making“ an der Universität Hamburg sollen zum 01.11.2026 gleich 12 Promotionsstellen im Umfang von je 75% besetzt werden. Die Ausschreibung richtet sich vorrangig an Kandidat:innen aus der Ökonomie, der... https://www.theorieblog.de/?p=30451
Reposted by Mathias Hong
Habeas cases filed by immigrants claiming their detention is illegal have taken off to levels we have never seen before. Just look at that chart.
www.propublica.org/article/habe...
www.propublica.org/article/habe...
February 10, 2026 at 12:15 PM
Habeas cases filed by immigrants claiming their detention is illegal have taken off to levels we have never seen before. Just look at that chart.
www.propublica.org/article/habe...
www.propublica.org/article/habe...
Sow: "Against a generalised theory of knowledge and scholarly inquiry" ("Wissenschaftstheorie") "I will contrast an historically unsettled concept of epistemology."
"It will prove less determinate and less clear. Ultimately, however, it points toward an optimistic understanding ..."
1/24
"It will prove less determinate and less clear. Ultimately, however, it points toward an optimistic understanding ..."
1/24
Scholarly practice should not aim for absolute truth; it thrives when it embraces historical contingency, uncertainty, and reflexive questioning.
AMADOU KORBINIAN SOW shows that such an epistemology leads not to self-assurance but to productive self-unsettlement.
verfassungsblog.de/reflexive-ep...
AMADOU KORBINIAN SOW shows that such an epistemology leads not to self-assurance but to productive self-unsettlement.
verfassungsblog.de/reflexive-ep...
February 10, 2026 at 1:07 PM
Sow: "Against a generalised theory of knowledge and scholarly inquiry" ("Wissenschaftstheorie") "I will contrast an historically unsettled concept of epistemology."
"It will prove less determinate and less clear. Ultimately, however, it points toward an optimistic understanding ..."
1/24
"It will prove less determinate and less clear. Ultimately, however, it points toward an optimistic understanding ..."
1/24
Reposted by Mathias Hong
Scholarly practice should not aim for absolute truth; it thrives when it embraces historical contingency, uncertainty, and reflexive questioning.
AMADOU KORBINIAN SOW shows that such an epistemology leads not to self-assurance but to productive self-unsettlement.
verfassungsblog.de/reflexive-ep...
AMADOU KORBINIAN SOW shows that such an epistemology leads not to self-assurance but to productive self-unsettlement.
verfassungsblog.de/reflexive-ep...
February 9, 2026 at 4:38 PM
Scholarly practice should not aim for absolute truth; it thrives when it embraces historical contingency, uncertainty, and reflexive questioning.
AMADOU KORBINIAN SOW shows that such an epistemology leads not to self-assurance but to productive self-unsettlement.
verfassungsblog.de/reflexive-ep...
AMADOU KORBINIAN SOW shows that such an epistemology leads not to self-assurance but to productive self-unsettlement.
verfassungsblog.de/reflexive-ep...
Reposted by Mathias Hong
I wrote this thread up into an article and revived my old Medium account to host: medium.com/@katestarbir...
I explain how Bannon's comments of "ICE surrounding polls" are a strategic attempt to exploit our outrage to advance his goals of voter suppression — and how we can redirect that attack.
I explain how Bannon's comments of "ICE surrounding polls" are a strategic attempt to exploit our outrage to advance his goals of voter suppression — and how we can redirect that attack.
February 8, 2026 at 12:13 AM
I wrote this thread up into an article and revived my old Medium account to host: medium.com/@katestarbir...
I explain how Bannon's comments of "ICE surrounding polls" are a strategic attempt to exploit our outrage to advance his goals of voter suppression — and how we can redirect that attack.
I explain how Bannon's comments of "ICE surrounding polls" are a strategic attempt to exploit our outrage to advance his goals of voter suppression — and how we can redirect that attack.
Reposted by Mathias Hong
Bannon (and his buddies) are using an informational strategy called reflexive control that intentionally exploits the reaction of his adversaries (on the left) to inflict damage on their own side. Don't become an unwitting agent in their information operation.
February 4, 2026 at 9:24 PM
Bannon (and his buddies) are using an informational strategy called reflexive control that intentionally exploits the reaction of his adversaries (on the left) to inflict damage on their own side. Don't become an unwitting agent in their information operation.
Reposted by Mathias Hong
Third, journalists, non-profits, social media influencers, and everyday people need to be VERY discerning and careful about not amplifying unsubstantiated rumors about ICE or other law enforcement at or near the polls, because false rumors (even if well-meaning) WILL suppress the vote.
February 4, 2026 at 9:22 PM
Third, journalists, non-profits, social media influencers, and everyday people need to be VERY discerning and careful about not amplifying unsubstantiated rumors about ICE or other law enforcement at or near the polls, because false rumors (even if well-meaning) WILL suppress the vote.
Reposted by Mathias Hong
Bannon knows that deploying ICE to the polls constitutes illegal voter intimidation. So why is he encouraging Trump to break the law? Because he also knows this threat will work to suppress votes even if federal agents never get anywhere near the polls. The fear of ICE is enough to keep people home.
February 4, 2026 at 9:16 PM
Bannon knows that deploying ICE to the polls constitutes illegal voter intimidation. So why is he encouraging Trump to break the law? Because he also knows this threat will work to suppress votes even if federal agents never get anywhere near the polls. The fear of ICE is enough to keep people home.
Reposted by Mathias Hong
ICE at the polls! Bannon is basically yelling “fire” in a crowded theater here. His objective is to cause chaos (and suppress votes on the left). And it’s already working.
This threat works on multiple levels and doesn’t have to be “real” to serve its purpose.
Let me explain & offer some advice.
This threat works on multiple levels and doesn’t have to be “real” to serve its purpose.
Let me explain & offer some advice.
Steve Bannon says the federal government is planning to send ICE officers to patrol polling stations during the midterms.
"We're going to have ICE surround the polls come November."
"We're not going to sit here and allow you to steal the country again." www.democracydocket.com/news-alerts/...
"We're going to have ICE surround the polls come November."
"We're not going to sit here and allow you to steal the country again." www.democracydocket.com/news-alerts/...
Steve Bannon says ICE will ‘surround the polls’ as Trump doubles down on taking over elections
Trump doubled down on his comments to nationalize voting Tuesday during an Oval Office press conference. “If you think about it, a state is an agent for the federal government in elections,” Trump sai...
www.democracydocket.com
February 4, 2026 at 9:13 PM
ICE at the polls! Bannon is basically yelling “fire” in a crowded theater here. His objective is to cause chaos (and suppress votes on the left). And it’s already working.
This threat works on multiple levels and doesn’t have to be “real” to serve its purpose.
Let me explain & offer some advice.
This threat works on multiple levels and doesn’t have to be “real” to serve its purpose.
Let me explain & offer some advice.