Tom Leatherbury
@tsleather.bsky.social
Dallas and Austin lawyer. Clinical Professor of Law and Director, First Amendment Clinic at SMU Dedman School of Law. Up the Toffees. Views my own
Reposted by Tom Leatherbury
Texas is appealing to the Fifth Circuit.
But, note, a three-judge panel rejected the substantive arguments in defense of the law already (in an opinion by Judge Don Willett, a Trump appointee) in the preliminary posture last year: storage.courtlistener.com/recap/gov.us...
But, note, a three-judge panel rejected the substantive arguments in defense of the law already (in an opinion by Judge Don Willett, a Trump appointee) in the preliminary posture last year: storage.courtlistener.com/recap/gov.us...
October 30, 2025 at 4:34 PM
Texas is appealing to the Fifth Circuit.
But, note, a three-judge panel rejected the substantive arguments in defense of the law already (in an opinion by Judge Don Willett, a Trump appointee) in the preliminary posture last year: storage.courtlistener.com/recap/gov.us...
But, note, a three-judge panel rejected the substantive arguments in defense of the law already (in an opinion by Judge Don Willett, a Trump appointee) in the preliminary posture last year: storage.courtlistener.com/recap/gov.us...
Reposted by Tom Leatherbury
In a "the law moves very slowly" development, the case over Texas's book-ban law — which was initially blocked back in 2023: www.lawdork.com/p/trump-appo... — reached a final judgment against the state on some claims last week: storage.courtlistener.com/recap/gov.us...
October 30, 2025 at 4:31 PM
In a "the law moves very slowly" development, the case over Texas's book-ban law — which was initially blocked back in 2023: www.lawdork.com/p/trump-appo... — reached a final judgment against the state on some claims last week: storage.courtlistener.com/recap/gov.us...
Reposted by Tom Leatherbury
SCOTX has pulled off the bandaid and proposed going to a single step Petition process.
Huge changes for your Texas
Appellate nerds.
www.txcourts.gov/media/146145...
Huge changes for your Texas
Appellate nerds.
www.txcourts.gov/media/146145...
www.txcourts.gov
October 24, 2025 at 8:28 PM
SCOTX has pulled off the bandaid and proposed going to a single step Petition process.
Huge changes for your Texas
Appellate nerds.
www.txcourts.gov/media/146145...
Huge changes for your Texas
Appellate nerds.
www.txcourts.gov/media/146145...
Reposted by Tom Leatherbury
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...
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
October 3, 2025 at 10:03 PM
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...
blog.dividedargument.com/p/the-uncons...
Toff wishes everyone a Happy Hump Day!
July 9, 2025 at 6:28 PM
Toff wishes everyone a Happy Hump Day!
Reposted by Tom Leatherbury
This was only possible with persistence from reporters @akelalacy.bsky.social and @jonahmv.bsky.social plus a small army of pro bono attorneys — incl. @kendraserra.bsky.social, @sellars.bsky.social, @tsleather.bsky.social's team at SMU First Amendment clinic, and the incredible folks at @rcfp.org.
July 9, 2025 at 3:15 PM
This was only possible with persistence from reporters @akelalacy.bsky.social and @jonahmv.bsky.social plus a small army of pro bono attorneys — incl. @kendraserra.bsky.social, @sellars.bsky.social, @tsleather.bsky.social's team at SMU First Amendment clinic, and the incredible folks at @rcfp.org.
Texas, banning THC would be unconstitutional. Also Texas, forcing all public school children to look at a Protestant version of the Ten Commandments all day perfectly constitutional. So many First Amendment violations, so little time!
June 23, 2025 at 2:29 PM
Texas, banning THC would be unconstitutional. Also Texas, forcing all public school children to look at a Protestant version of the Ten Commandments all day perfectly constitutional. So many First Amendment violations, so little time!
Reposted by Tom Leatherbury
Wow, Fifth Circuit held Louisiana’s Ten Commandments Law Is Unconstitutional buff.ly/3LZT4CX
This is 100% percent the correct decision, especially since Stone v. Graham is directly on point and held that mandatory 10C in public school classrooms was unconst.
Here is decision: buff.ly/EySiQdz
This is 100% percent the correct decision, especially since Stone v. Graham is directly on point and held that mandatory 10C in public school classrooms was unconst.
Here is decision: buff.ly/EySiQdz
Louisiana’s Ten Commandments Law Is Unconstitutional, Appeals Court Says
The court unanimously ruled that the state cannot require schools and universities to display the Commandments.
buff.ly
June 20, 2025 at 10:20 PM
Wow, Fifth Circuit held Louisiana’s Ten Commandments Law Is Unconstitutional buff.ly/3LZT4CX
This is 100% percent the correct decision, especially since Stone v. Graham is directly on point and held that mandatory 10C in public school classrooms was unconst.
Here is decision: buff.ly/EySiQdz
This is 100% percent the correct decision, especially since Stone v. Graham is directly on point and held that mandatory 10C in public school classrooms was unconst.
Here is decision: buff.ly/EySiQdz
Reposted by Tom Leatherbury
@nppa.org has joined again w/several of our 1st Amendment & free press allies in a letter to the LAPD & LASD remind them of journalist’s rights. See below.
We remain steadfast in our mission to make sure 1st Amendment rights are upheld across the United States of America. 🇺🇸
We remain steadfast in our mission to make sure 1st Amendment rights are upheld across the United States of America. 🇺🇸
The deployment of federal agencies to LA may be getting the headlines, but many of the most serious abuses have come from local police.
We helped lead a letter to the LAPD and LASD reminding them of journalists' rights and the liability they're risking: media.freedom.press/media/docume...
We helped lead a letter to the LAPD and LASD reminding them of journalists' rights and the liability they're risking: media.freedom.press/media/docume...
June 11, 2025 at 9:39 PM
@nppa.org has joined again w/several of our 1st Amendment & free press allies in a letter to the LAPD & LASD remind them of journalist’s rights. See below.
We remain steadfast in our mission to make sure 1st Amendment rights are upheld across the United States of America. 🇺🇸
We remain steadfast in our mission to make sure 1st Amendment rights are upheld across the United States of America. 🇺🇸
Reposted by Tom Leatherbury
South Dakota Law Review is doing a joint symposium with the Native America Law Student Association on issues related to access to justice in Indian Country. Call for papers is open and the event will be in Vermillion on Sept 29.
Please share widely.
Details here: www.usd.edu/Academics/Co...
Please share widely.
Details here: www.usd.edu/Academics/Co...
South Dakota Law Review Symposium on Access to Justice in Indian Country
Please read the Terms of Use prior to submitting this form. By submitting this form, you agree to abide by the Terms of Use.
www.usd.edu
June 7, 2025 at 9:55 AM
South Dakota Law Review is doing a joint symposium with the Native America Law Student Association on issues related to access to justice in Indian Country. Call for papers is open and the event will be in Vermillion on Sept 29.
Please share widely.
Details here: www.usd.edu/Academics/Co...
Please share widely.
Details here: www.usd.edu/Academics/Co...
Reposted by Tom Leatherbury
Woe (again) to residents of the Fifth Circuit. En banc court says public libraries may remove books because they disagree with content. Bye bye books about racism and even In the Night Kitchen. spectrumlocalnews.com/tx/south-tex...
5th Circuit ruling denies Texas library patrons First Amendment right
Seventeen books addressing racism and transgender topics were removed from Llano County libraries in 2021 after residents deemed them “obscene” and “pornographic.”
spectrumlocalnews.com
May 24, 2025 at 12:22 PM
Woe (again) to residents of the Fifth Circuit. En banc court says public libraries may remove books because they disagree with content. Bye bye books about racism and even In the Night Kitchen. spectrumlocalnews.com/tx/south-tex...
Picked up my copy of Lawless for summer reading. Thank you, @leahlitman.bsky.social
May 19, 2025 at 1:28 AM
Picked up my copy of Lawless for summer reading. Thank you, @leahlitman.bsky.social
Reposted by Tom Leatherbury
DNA tests for criminal cases across Texas are getting second looks from labs after one of the largest DNA test makers told customers about issues with tests distributed from February 2024 to October 2024. txst.us/acckgs
Faulty tests spur questions about DNA findings in criminal cases in Texas and nationally
More than 1,000 criminal cases will be reviewed in Texas because of the problems with Qiagen DNA tests.
txst.us
May 9, 2025 at 8:33 PM
DNA tests for criminal cases across Texas are getting second looks from labs after one of the largest DNA test makers told customers about issues with tests distributed from February 2024 to October 2024. txst.us/acckgs
Reposted by Tom Leatherbury
Judge Howell's opinion in the Perkins Coie case is here:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
May 3, 2025 at 1:57 AM
Judge Howell's opinion in the Perkins Coie case is here:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Reposted by Tom Leatherbury
Entirely predictable that Trump's AG would do this. Not just predictable but predicted. Congress should have codified these protections when it had a chance. knightcolumbia.org/blog/the-jus...
April 25, 2025 at 10:18 PM
Entirely predictable that Trump's AG would do this. Not just predictable but predicted. Congress should have codified these protections when it had a chance. knightcolumbia.org/blog/the-jus...
Reposted by Tom Leatherbury
The language of the new policy hasn't yet been released. However, @rcfp.org President Bruce D. Brown underscored the importance of the guidelines to journalists, their newsgathering rights, and the American public.
Read his full statement: www.rcfp.org/doj-announce...
Read his full statement: www.rcfp.org/doj-announce...
April 25, 2025 at 10:27 PM
The language of the new policy hasn't yet been released. However, @rcfp.org President Bruce D. Brown underscored the importance of the guidelines to journalists, their newsgathering rights, and the American public.
Read his full statement: www.rcfp.org/doj-announce...
Read his full statement: www.rcfp.org/doj-announce...
Reposted by Tom Leatherbury
The guidelines were updated in 2022 to strengthen protections for the press, prohibiting the Justice Department from using subpoenas against journalists who possess and publish classified information obtained in newsgathering, with narrow exceptions.
New Justice Department policy marks 'historic shift' in press protection
“This is a watershed moment,” said Bruce D. Brown, executive director of the Reporters Committee for Freedom of the Press.
www.rcfp.org
April 25, 2025 at 10:27 PM
The guidelines were updated in 2022 to strengthen protections for the press, prohibiting the Justice Department from using subpoenas against journalists who possess and publish classified information obtained in newsgathering, with narrow exceptions.
Reposted by Tom Leatherbury
It was a pleasure to be the moderator at @liseolsen.bsky.social's talk about her new book, The Scientist and the Serial Killer, at The Wild Detectives in Dallas. If you're a fan of true crime investigative journalism, you'll love it. I'm privileged to call her a colleague and have her edit my work.
April 17, 2025 at 3:28 AM
It was a pleasure to be the moderator at @liseolsen.bsky.social's talk about her new book, The Scientist and the Serial Killer, at The Wild Detectives in Dallas. If you're a fan of true crime investigative journalism, you'll love it. I'm privileged to call her a colleague and have her edit my work.
Reposted by Tom Leatherbury
Opponents of Texas's anti-SLAPP law contend that it primarily benefits large media companies, not local news outlets or ordinary Texans. However, a new @rcfp.org analysis suggests this isn't true.
Who benefits from Texas’s anti-SLAPP law?
An RCFP analysis shows that individual Texans rely on the Texas anti-SLAPP law's protections the most — by a fair margin.
www.rcfp.org
April 7, 2025 at 9:01 PM
Opponents of Texas's anti-SLAPP law contend that it primarily benefits large media companies, not local news outlets or ordinary Texans. However, a new @rcfp.org analysis suggests this isn't true.
Dallas friends - on Thursday, April 3, at 6:30 pm, the SMU Law School First Amendment Clinic will show “Speaking Freely.” Hillcrest Classroom. All are welcome.
March 30, 2025 at 10:35 AM
Dallas friends - on Thursday, April 3, at 6:30 pm, the SMU Law School First Amendment Clinic will show “Speaking Freely.” Hillcrest Classroom. All are welcome.
Reposted by Tom Leatherbury
Good news out of Colorado! A Federal judge orders Colorado district to return banned books to school libraries. Good work! www.denverpost.com/2025/03/19/e...
Federal judge orders Colorado district to return banned books to school libraries
The order prohibits the school board from removing books “because the district disagrees with the views expressed therein or merely to further their preferred political or religious orthodoxy.”
www.denverpost.com
March 21, 2025 at 8:01 PM
Good news out of Colorado! A Federal judge orders Colorado district to return banned books to school libraries. Good work! www.denverpost.com/2025/03/19/e...
Toff and I wish you the best Spring Break ever and a Happy St. Patrick’s Day! #smulawschool #smulawclinics
March 16, 2025 at 3:30 PM
Toff and I wish you the best Spring Break ever and a Happy St. Patrick’s Day! #smulawschool #smulawclinics
Reposted by Tom Leatherbury
I’m told this is a real letter. It basically says, “We’ll destroy Columbia unless you destroy it first.”
March 14, 2025 at 12:02 AM
I’m told this is a real letter. It basically says, “We’ll destroy Columbia unless you destroy it first.”
Reposted by Tom Leatherbury
BREAKING: Federal judge blocks Trump order against law firm, calling it a "personal vendetta."
Judge Beryl Howell issued the temporary restraining order from the bench at the conclusion of a two-hour hearing over Trump's executive order against Perkins Coie.
New, at Law Dork —>
Judge Beryl Howell issued the temporary restraining order from the bench at the conclusion of a two-hour hearing over Trump's executive order against Perkins Coie.
New, at Law Dork —>
Breaking: Federal judge blocks Trump order against law firm, calling it a "personal vendetta"
Judge Beryl Howell issued the temporary restraining order from the bench at the conclusion of a two-hour hearing over Trump's executive order against Perkins Coie.
www.lawdork.com
March 12, 2025 at 10:49 PM
BREAKING: Federal judge blocks Trump order against law firm, calling it a "personal vendetta."
Judge Beryl Howell issued the temporary restraining order from the bench at the conclusion of a two-hour hearing over Trump's executive order against Perkins Coie.
New, at Law Dork —>
Judge Beryl Howell issued the temporary restraining order from the bench at the conclusion of a two-hour hearing over Trump's executive order against Perkins Coie.
New, at Law Dork —>