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Thomas M. Keck

Профиль Vively

Mostly free speech and democratic backsliding. Also Syracuse politics and Baltimore sports. https://tomkeck.beehiiv.com/

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This project is great and much needed. I don’t know what other pieces are in the hopper, but I hope someone is looking at local media, libraries, and legal aid orgs.

Alex Hertel-Fernandez

Over the past year, Sam Berger, Sophie Jacobson, and I have been thinking about how a federal rebuilding must center power-shifting, building civil society power for democracy. In @donmoyn.bsky.social's Substack we wrote up our lessons; we're excited to share what we're learning! 1/

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@ifightforbooks.bsky.social any interest in sitting down for a Zoom interview for publication on my blog? It would be a good follow up to my recent post on Pico and Llano. And I think my students (among others) would be really interested in hearing directly from a real-life claimant

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I read Giroux in undergrad women’s studies classes almost 30 years ago, and he’s still bringing the fire

Truthout

Contemporary proponents of “institutional neutrality” fail to grasp that universities have never been outside politics. buff.ly/GUvxlyU

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Just catching up to this great write up of the Llano County case

Leila Green Little

Thank you, @texasmonthly.bsky.social for writing this great piece about my husband and little old me, a “Nancy Pelosi type,” and “head of the snake.” 🤠

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My new post focuses on 2 library book removal cases, one from the Reagan era, the other from last year. Read together, they signal significant erosion of civil libertarian guardrails in the context of Trump-era democratic backsliding tomkeck.beehiiv.com/p/pico-and-l...

Pico and Llano CountyOn the removal of books from school libraries, in the Reagan era and todaytomkeck.beehiiv.com
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As promised, Monday’s post will return to bad news—reading the 5th Circuit’s 2025 book removal decision in light of a similar Reagan-era case that came out the other way. Read together, they show clear erosion of civil libertarian guardrails

Thomas M. Keck

My new post takes a look at recent federal court decision invalidating DeSantis's Stop WOKE Act. The case is a good indicator of the continued possibility of democratic guardrail work by US federal courts But don't worry, next week's post will return to bad news tomkeck.beehiiv.com/p/florida-s-...

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This argument dates at least to Raoul Berger’s early originalist work on the 14A

Joe Dudek

From Flowers's brief on behalf of Richard Epstein in the birthright case: We must always remember that the framers were deeply racist, so their laws should be interpreted as being similarly racist.

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My new post takes a look at recent federal court decision invalidating DeSantis's Stop WOKE Act. The case is a good indicator of the continued possibility of democratic guardrail work by US federal courts But don't worry, next week's post will return to bad news tomkeck.beehiiv.com/p/florida-s-...

Florida's Stop WOKE Act is deadOn federal courts as democratic guardrails in the Trump eratomkeck.beehiiv.com
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“as we think through what Reconstruction in a post-Trump US – which must also be an anti-Trump US – requires, one question should be high on the agenda: do so many institutions in civil society need to be as authoritarian as they currently are?”

Jan-Werner Mueller

"This wave of anticipatory obedience is all the more egregious because – just as in the debates at Yale – non-leaders might sometimes just know better."

1104

Among other things, this book has the best short account I’ve read of the intellectual architecture behind the Jan 6 attempted coup (mostly John Eastman)

Thomas M. Keck

#11 Read this on a friend’s recommendation. I thought it would be too abstract for me, but I actually found it gripping

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Bellingham on the turf shaking his head dot gif

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The 5th Circuit Llano County case is a good contrast. It’s about library book removals rather than university classrooms, but en banc plurality said library holdings are government speech. Seems likely they would extend the same logic to campuses

Deena Varner

15/15 Like the Eleventh Circuit’s Stop WOKE ruling, Reges rejects the idea that public university teaching is simply state-controlled speech. Together, the cases defend the university as a place of academic judgment, disagreement, and intellectual risk, not ideological control.

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This whole thread

Deena Varner

13/15 “If student anxiety or outrage toward a professor’s academic speech could justify restricting what a professor says, then universities would cease to occupy any ‘special niche’ in our First Amendment traditions.”

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New post from @gabalbertoo.bsky.social observing that Brazilians should not uncritically import U.S. First or Second Amendment law without attending to Brazil's distinctive constitutional history www.iconnectblog.com/make-brazils...

Make Brazil’s 1988 Constitution Great Again--Gabriel de Moraes, PhD Candidate in Law at the Federal University of Pará (UFPA) The false comfort of constitutional importation Brazilian constiwww.iconnectblog.com
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This post will go up on Monday. Subscribe here to get it in your inbox tomkeck.beehiiv.com/subscribe

Subscribe | Another world is possibleMostly free speech and democratic backsliding. Also Syracuse politics and Baltimore sports.tomkeck.beehiiv.comThomas M. Keck

I’m working on a newsletter post about this case and what we can learn from it about the continued viability of US courts as democratic guardrails

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