Evelyn Douek
@evelyndouek.bsky.social
Assistant Professor, Stanford Law School. Aussie struggling with °F & online speech stuff.
Can vouch for the fact that it is excellent and students love it
Law Profs teaching First Amendment: I have put together a FREE, recently updated, and easy to use casebook for use in free speech classes. If you are interested in using such a casebook, send me an email or DM and I would be happy to share!
November 7, 2025 at 4:26 PM
Can vouch for the fact that it is excellent and students love it
Reposted by Evelyn Douek
Want to learn more about chilling effects and why they matter to the First Amendment? Join our webinar with litigators and experts on Monday, Nov. 17, including @carriedecell.bsky.social @evelyndouek.bsky.social @penney.bsky.social @stacylivingston.bsky.social:
knightcolumbia.org/events/litig...
knightcolumbia.org/events/litig...
Litigating Chilling Effects
knightcolumbia.org
October 28, 2025 at 6:48 PM
Want to learn more about chilling effects and why they matter to the First Amendment? Join our webinar with litigators and experts on Monday, Nov. 17, including @carriedecell.bsky.social @evelyndouek.bsky.social @penney.bsky.social @stacylivingston.bsky.social:
knightcolumbia.org/events/litig...
knightcolumbia.org/events/litig...
every day thumbing their nose at the first amendment's promise of an uninhibited, robust, and wide-open public sphere
www.theguardian.com/us-news/2025...
www.theguardian.com/us-news/2025...
ICE detains British journalist after criticism of Israel on US tour
Trump ally Laura Loomer took credit for Sami Hamdi’s detainment in move denounced as ‘affront to free speech’
www.theguardian.com
October 27, 2025 at 1:42 AM
every day thumbing their nose at the first amendment's promise of an uninhibited, robust, and wide-open public sphere
www.theguardian.com/us-news/2025...
www.theguardian.com/us-news/2025...
The primary and most pervasive form of speech suppression that this Administration employs is chill; it's pervasive but much harder to quantify than outright censorship. But stories like this must be happening everywhere.
www.politico.com/news/magazin...
www.politico.com/news/magazin...
Opinion | My Bosses Were Afraid of Crossing Trump. So, I Quit.
A veteran journalist opens up on the censorship that he says led to his resignation.
www.politico.com
October 22, 2025 at 4:55 PM
The primary and most pervasive form of speech suppression that this Administration employs is chill; it's pervasive but much harder to quantify than outright censorship. But stories like this must be happening everywhere.
www.politico.com/news/magazin...
www.politico.com/news/magazin...
Vaguely remember there being some sort of concern about a government leveraging control over TikTok to extract user data and manipulate content, but anyway I am sure this is fine
www.forbes.com/sites/emilyb...
www.forbes.com/sites/emilyb...
TikTok Won’t Say If It’s Giving ICE Your Data
Changes to TikTok's policies make it easier for the company to share users’ personal information with governments. TikTok did not respond to questions about the changes.
www.forbes.com
October 22, 2025 at 4:53 PM
Vaguely remember there being some sort of concern about a government leveraging control over TikTok to extract user data and manipulate content, but anyway I am sure this is fine
www.forbes.com/sites/emilyb...
www.forbes.com/sites/emilyb...
Reposted by Evelyn Douek
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...
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
October 7, 2025 at 2:21 PM
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...
balkin.blogspot.com/2025/10/aaup...
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...
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
October 7, 2025 at 2:21 PM
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...
balkin.blogspot.com/2025/10/aaup...
Reposted by Evelyn Douek
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...
Nothing says "free speech" like "you shall abstain from speech relating to societal and political events"
October 2, 2025 at 7:12 PM
Nothing says "free speech" like "you shall abstain from speech relating to societal and political events"
Reposted by Evelyn Douek
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
September 30, 2025 at 5:45 PM
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...
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
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:
💥 💥 💥
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
September 30, 2025 at 5:46 PM
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
Reposted by Evelyn Douek
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
September 26, 2025 at 1:37 PM
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...
Very cool and very free speechy, no notes
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
September 21, 2025 at 1:41 PM
Very cool and very free speechy, no notes
Reposted by Evelyn Douek
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
September 19, 2025 at 4:07 PM
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...
Reposted by Evelyn Douek
Genevieve Lakier is who everyone should be reading on the risks of government jawboning in the Jimmy Kimmel case. @genevievelakier.bsky.social
September 19, 2025 at 3:17 PM
Genevieve Lakier is who everyone should be reading on the risks of government jawboning in the Jimmy Kimmel case. @genevievelakier.bsky.social
Reposted by Evelyn Douek
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.
September 18, 2025 at 12:57 AM
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.
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
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.
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.
September 16, 2025 at 4:36 PM
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
"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
-- noted leftist Justice Alito
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."
September 16, 2025 at 2:17 AM
"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
-- noted leftist Justice Alito
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/...
www.theverge.com/news/778087/...
The US and China might finally have a TikTok deal
The clock is ticking on TikTok.
www.theverge.com
September 15, 2025 at 6:36 PM
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/...
www.theverge.com/news/778087/...
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
September 15, 2025 at 6:29 PM
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
this sends a clear -- and chilling -- message to immigrants about *any* political speech, far beyond Kirk
www.axios.com/2025/09/11/c...
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
September 11, 2025 at 7:21 PM
this sends a clear -- and chilling -- message to immigrants about *any* political speech, far beyond Kirk
www.axios.com/2025/09/11/c...
www.axios.com/2025/09/11/c...
Reposted by Evelyn Douek
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.
Another betrayal of the First Amendment.
September 11, 2025 at 6:49 PM
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.
Another betrayal of the First Amendment.
anyone that puts this mural on a tshirt can have my money
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
September 9, 2025 at 2:54 AM
anyone that puts this mural on a tshirt can have my money
Definitely what an uninhibited, robust and wide open public sphere looks like
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...
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
September 6, 2025 at 8:34 PM
Definitely what an uninhibited, robust and wide open public sphere looks like