Phil Malone
@prmalone.bsky.social
Law prof, IP & innovation clinic director. Dad, husband, rescue dog lover, native New Mexican. Interests and clinic practice focus on IP, innovation, AI regulation, online speech, antitrust, privacy and more. Personal account -- all views my own.
Reposted by Phil Malone
160 faculty from all 5 UC law schools signed this open letter detailing why the Trump demands to UCLA are unlawful, unconstitutional, and wrong: sites.google.com/view/uclawfa... Great to work with @fishkin.bsky.social @blakeprof.bsky.social @seanashiffrin.bsky.social on this statement.
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UC Law Faculty to Regents: Resist the Unlawful Demands
sites.google.com
November 7, 2025 at 7:05 PM
160 faculty from all 5 UC law schools signed this open letter detailing why the Trump demands to UCLA are unlawful, unconstitutional, and wrong: sites.google.com/view/uclawfa... Great to work with @fishkin.bsky.social @blakeprof.bsky.social @seanashiffrin.bsky.social on this statement.
Yep. Exactly right.
This isn't the easiest time to be Jewish in America. But now—and for a long time—it's been significantly harder to be Muslim.
Barring Jews from government was one of the Nazis' signature moves. Every American Jew has an obligation to speak out against the new Nazis trying to do the same to Muslims.
Barring Jews from government was one of the Nazis' signature moves. Every American Jew has an obligation to speak out against the new Nazis trying to do the same to Muslims.
Laura Loomer pitches banning Muslims from running for office to members of Congress
Far-right influencer Laura Loomer has had an unusual amount of power over staffing and foreign policy decisions in the current Trump administration. Now, she is promoting anti-Muslim bills and pressur...
www.mediamatters.org
November 7, 2025 at 9:34 PM
Yep. Exactly right.
Yessssss!
November 7, 2025 at 9:33 PM
Yessssss!
Reposted by Phil Malone
What’s worse is how he pales in comparison to the last SG. Really he shouldn’t even be referred to as in the same category. en.wikipedia.org/wiki/Elizabe...
November 5, 2025 at 3:24 PM
What’s worse is how he pales in comparison to the last SG. Really he shouldn’t even be referred to as in the same category. en.wikipedia.org/wiki/Elizabe...
Reposted by Phil Malone
Brand new data:
Republicans blamed for the shutdown (+12) and for health care premiums going up (+28!!).
These are stunning numbers. Republicans aren't immune from the pressure this creates.
Time to press our advantage. Stand for what we believe in.
Republicans blamed for the shutdown (+12) and for health care premiums going up (+28!!).
These are stunning numbers. Republicans aren't immune from the pressure this creates.
Time to press our advantage. Stand for what we believe in.
November 5, 2025 at 2:14 PM
Brand new data:
Republicans blamed for the shutdown (+12) and for health care premiums going up (+28!!).
These are stunning numbers. Republicans aren't immune from the pressure this creates.
Time to press our advantage. Stand for what we believe in.
Republicans blamed for the shutdown (+12) and for health care premiums going up (+28!!).
These are stunning numbers. Republicans aren't immune from the pressure this creates.
Time to press our advantage. Stand for what we believe in.
Hehehe
Oh hell yes.
This is like in a movie when two giant, comically inept, and heavily armed bad guys face off.
This is like in a movie when two giant, comically inept, and heavily armed bad guys face off.
MPA Sends Cease and Desist Letter to Instagram Over “Literally False and Highly Misleading” PG-13 Rating
The MPA said that Instagram owner Meta wants to exploit the trusted (and trademarked) rating system for its own use.
www.hollywoodreporter.com
November 5, 2025 at 4:13 PM
Hehehe
Sigh . . . .
every year they sat together some oral advocate called RBG Oconnor and SOC Justice Ginsburg. They had t-shirts to that effect
Oops, CJ Roberts accidentally called Justice Kagan Justice Sotomayor and she called him on it.
Makes me recall the time when Justice O'Connor and Justice Ginsburg were the first and only women to serve on the court and attorneys would address one by the other's name CONSTANTLY. It was painful.
Makes me recall the time when Justice O'Connor and Justice Ginsburg were the first and only women to serve on the court and attorneys would address one by the other's name CONSTANTLY. It was painful.
November 5, 2025 at 4:06 PM
Sigh . . . .
Reposted by Phil Malone
Nearly 8 in 10 Americans agree that spending by wealthy donors and corporations in our elections gives rise to corruption — including majorities of Republican and independent voters.
Money in politics is the root of our dysfunction.
We must overturn Citizens United.
Money in politics is the root of our dysfunction.
We must overturn Citizens United.
November 2, 2025 at 10:30 PM
Nearly 8 in 10 Americans agree that spending by wealthy donors and corporations in our elections gives rise to corruption — including majorities of Republican and independent voters.
Money in politics is the root of our dysfunction.
We must overturn Citizens United.
Money in politics is the root of our dysfunction.
We must overturn Citizens United.
Reposted by Phil Malone
Thank you to @economist.com for the chance to write this week about philanthropic freedoms -- the freedom of expression, the freedom to give, the freedom to invest.
These rights are enshrined in the First Amendment. They have been bedrock for more than 2 centuries. And they are now under attack.
These rights are enshrined in the First Amendment. They have been bedrock for more than 2 centuries. And they are now under attack.
The American government’s attacks on non-profits are “a bad idea”, writes John Palfrey in a guest essay. “Taken together, they constitute a fundamental attack on freedom of expression”
Attacks on America’s non-profits threaten basic rights and social cohesion, writes John Palfrey
The foundation head says it’s not too late to fight back—just as free-thinkers did against McCarthyism
econ.st
November 1, 2025 at 5:42 PM
Thank you to @economist.com for the chance to write this week about philanthropic freedoms -- the freedom of expression, the freedom to give, the freedom to invest.
These rights are enshrined in the First Amendment. They have been bedrock for more than 2 centuries. And they are now under attack.
These rights are enshrined in the First Amendment. They have been bedrock for more than 2 centuries. And they are now under attack.
Reposted by Phil Malone
Let them eat nothing.
november - thanksgiving break time. www.reuters.com/world/us/us-...
US Department of Agriculture says no food aid benefits will be issued next month
The U.S. Department of Agriculture said on Saturday that food benefits under one of the country's biggest social assistance programs will not be issued next month amid the ongoing federal government shutdown.
www.reuters.com
October 26, 2025 at 1:22 PM
Let them eat nothing.
Uh huh.
But I was informed by the WH and some members of the media that Karoline’s Leavitt’s statement was taken out of context and this isn’t his main priority.
October 26, 2025 at 4:47 PM
Uh huh.
Ya think?
When the president is destroying national landmarks, murdering fishermen, raising prices because he's angry over a Reagan video, and kidnapping parents in front of their crying children is probably not an ideal time to have a lazy, completely incompetent legislative branch perpetually on vacation.
October 26, 2025 at 4:33 PM
Ya think?
Reposted by Phil Malone
If—and this is a huge "if"—it allows the unilateral presidential imposition of tariffs at all, IEEPA does so only in the context of an "unusual and extraordinary threat ... to the national security, foreign policy, or economy of the United States."
Which of those is "Trump got his feelings hurt"?
Which of those is "Trump got his feelings hurt"?
BREAKING: Trump says he's punishing Canada with 10% extra import tax for not pulling down an anti-tariff ad sooner.
Trump punishes Canada with 10% extra import tax for not pulling down anti-tariffs ad sooner
President Donald Trump says he plans to hike tariffs on imports of Canadian goods by an extra 10% because of an anti-tariff television ad aired by the province of Ontario.
bit.ly
October 26, 2025 at 2:17 PM
If—and this is a huge "if"—it allows the unilateral presidential imposition of tariffs at all, IEEPA does so only in the context of an "unusual and extraordinary threat ... to the national security, foreign policy, or economy of the United States."
Which of those is "Trump got his feelings hurt"?
Which of those is "Trump got his feelings hurt"?
So upsetting. But of course entirely predicable.
We're watching resegregation happen in real time. This is modern post-reconstruction policy that will further entrench white supremacy.
An AP analysis finds drops in the number of Black freshmen at many elite colleges in the two years since the Supreme Court’s decision ending affirmative action.
apnews.com/article/affi...
apnews.com/article/affi...
October 26, 2025 at 4:22 PM
So upsetting. But of course entirely predicable.
Yep.
You still want to believe the political fuel that powers the American collapse into authoritarianism isn't the deep, abiding resentment of white men who pine for an America that sees and services only them? Gaze upon Leni Riefenstahl's recent work for Donald Trump's U.S. Department of Labor.
I made an image of all the art posted by US DOL on X since approximately Labor Day
October 26, 2025 at 4:20 PM
Yep.
Reposted by Phil Malone
Gallego: "It's murder. It's very simple. If this president feels they are doing something illegally, then he should be using the Coast Guard. If this is an act of war, then you use our military and then you come and talk to us first. But this is murder ... it's disgusting."
October 26, 2025 at 2:28 PM
Gallego: "It's murder. It's very simple. If this president feels they are doing something illegally, then he should be using the Coast Guard. If this is an act of war, then you use our military and then you come and talk to us first. But this is murder ... it's disgusting."
Reposted by Phil Malone
Will Lewis gets up every day asking: How can I get more suburban DC readers to cancel their subscriptions? It's called grindset and you wouldn't understand.
In a nearly illiterate editorial, WaPo defends Trump's ballroom project, without revealing the fact that the paper's owner, Jeff Bezos, is a principal funder of the project. Shameful conduct all around. bsky.app/profile/bgru...
Here’s a free link to a house editorial that illustrates the collapse of the new Washpost Opinion page.
It’s important to read it, because it is so poorly written and reasoned, and it shows how quickly an editorial institution can fall completely apart under spineless leadership.
wapo.st/3J2IdIh
It’s important to read it, because it is so poorly written and reasoned, and it shows how quickly an editorial institution can fall completely apart under spineless leadership.
wapo.st/3J2IdIh
October 26, 2025 at 2:40 PM
Will Lewis gets up every day asking: How can I get more suburban DC readers to cancel their subscriptions? It's called grindset and you wouldn't understand.
Reposted by Phil Malone
The Epstein Recess continues.
October 24, 2025 at 6:22 PM
The Epstein Recess continues.
So much corruption. So brazen. And not a single Republican member of Congress cares, or willing to say they care. Shame on all of them.
There it is. A pardon of one of the world‘s richest men. Changpeng Zhao has helped pump up Trump’s crypto biz.
The big press conference about the NBA indictments was a smokescreen. Trump does not care about crime. So long as you’ve cut him in on the action.
www.pbs.org/newshour/pol...
The big press conference about the NBA indictments was a smokescreen. Trump does not care about crime. So long as you’ve cut him in on the action.
www.pbs.org/newshour/pol...
Trump pardons Binance founder Changpeng Zhao
Zhao served prison time after failing to stop criminals from using the platform to move money connected to child sex abuse, drug trafficking and terrorism.
www.pbs.org
October 23, 2025 at 7:18 PM
So much corruption. So brazen. And not a single Republican member of Congress cares, or willing to say they care. Shame on all of them.
Not even trying to hide or excuse the corruption. "He has the power, so get over it" is the White House position. 😡
October 23, 2025 at 7:08 PM
Not even trying to hide or excuse the corruption. "He has the power, so get over it" is the White House position. 😡
Absolutely no limit to Trump's blatant, naked corruption and grift.
Trump has pardoned the king of crypto; One of Trump’s most blatantly corrupt acts yet. Join us LIVE on Substack at 3:30p ET: open.substack.com/live-stream/... #Crypto #ChangpengZhao
LIVE SOON: Live with Frank Figliuzzi
Starting Oct 23 at 3:30 PM EDT
open.substack.com
October 23, 2025 at 7:07 PM
Absolutely no limit to Trump's blatant, naked corruption and grift.
Reposted by Phil Malone
It turns out that a lot of mandatory statutory and regulatory language gets ignored when there is no one to hold the Executive accountable.
Whenever you hear someone invoke the unitary executive, remember the image below.
This was an inevitable result of the unitary executive theory:
Empowering a president to tyrannically destroy institutions that ensured our government reflects the rule of law rather than his personal whim.
This was an inevitable result of the unitary executive theory:
Empowering a president to tyrannically destroy institutions that ensured our government reflects the rule of law rather than his personal whim.
October 22, 2025 at 1:08 PM
It turns out that a lot of mandatory statutory and regulatory language gets ignored when there is no one to hold the Executive accountable.
So this awful episode becomes more & more representative of the entire Trump regime: First, Trump baldly lies about something ("it won’t interfere with the current building. It’ll be near it but not touching it” & will "pay total respect to the existing building.” And then he destroys everything.
Trump Administration Live Updates: White House Changes Course and Will Demolish Entire East Wing
www.nytimes.com
October 22, 2025 at 8:15 PM
So this awful episode becomes more & more representative of the entire Trump regime: First, Trump baldly lies about something ("it won’t interfere with the current building. It’ll be near it but not touching it” & will "pay total respect to the existing building.” And then he destroys everything.
So TACO is back, bigly. After his most recent tough-sounding talk about Putin & Ukraine, all it took was one phone call between Trump & Putin for Trump to abandon all that & chicken out yet again, acting as a mouthpiece for & repeating Putin's extreme demands for Ukrainian territory. What a puppet.
In tense meeting, Trump told Zelensky to concede land, meet Putin’s demands
In an often fraught encounter, Trump told Zelensky to accept Putin’s terms to end the war, according to people familiar with the meeting.
wapo.st
October 22, 2025 at 5:45 PM
So TACO is back, bigly. After his most recent tough-sounding talk about Putin & Ukraine, all it took was one phone call between Trump & Putin for Trump to abandon all that & chicken out yet again, acting as a mouthpiece for & repeating Putin's extreme demands for Ukrainian territory. What a puppet.
Reposted by Phil Malone
Recent law grads — we're now hiring for legal fellows to begin in Fall 2025. Our First Amendment rights are under daily assault. I hope you'll consider applying to work with us at @knightcolumbia.org to push back.
knightcolumbia.org/page/legal-f...
knightcolumbia.org/page/legal-f...
| Knight First Amendment Institute
knightcolumbia.org
July 29, 2025 at 3:49 PM
Recent law grads — we're now hiring for legal fellows to begin in Fall 2025. Our First Amendment rights are under daily assault. I hope you'll consider applying to work with us at @knightcolumbia.org to push back.
knightcolumbia.org/page/legal-f...
knightcolumbia.org/page/legal-f...