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Posts by Matthew Schafer

Literally, a right. The main one, in fact.

3 weeks ago 5 0 0 0
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214. The Court's (Selective) Impatience is a Vice The only theme uniting Monday night's twin grants of emergency relief is the Republican appointees' willingness to upend long-settled limits on the Court's power when, but only when, they *want* to.

9/9: This may seem hypertechnical, but it underscores the broader point I made in "One First" about *both* of the Court's grants of emergency relief last night—that the Republican appointees' impatience is leading them to run over settled legal constraints to reach the merits in these cases.

/end

1 month ago 877 155 43 8
A Third Possibility: The Press Clause at the Founding With the rise of history and tradition at the Supreme Court, scholarship purporting to define historical fact is likely to have outsized influence on the development of constitutional law. Underdevelo...

Did the Court in Citizens United and, later, Professor Volokh get the historical meaning of the Press Clause wrong?

In a just published article, I challenge their view as without evidentiary support and misguided.

A Third Possibility: The Press Clause at the Founding share.google/ufWAxr4JjNF6...

1 month ago 3 1 0 0

So SCOTUS, with its fabricated-out-of-thin-air immunity doctrine, has actually made American presidents less accountable than LITERAL royalty.

2 months ago 11182 3122 30 137
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Students Across the U.S. Are Protesting ICE. Texas Wants to Punish Their Schools.

Threatening to remove state funding from public schools because students are protesting is...

THE MOST TEXAS THING YET.

The schools are clearly failing to coerce young Texans into believing his Abbott's white, Christian nationalist view of their state.

2 months ago 13 8 0 1
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Criticizing our country is a right afforded to us by the constitution.

2 months ago 14192 2187 1121 232

Context: this speech is from SIR THOMAS MORE, a history written, as near as scholars can tell, in the early 1600s by 6 or 7 people including Dekker, Heywood, Chettle, Shakespeare, and Munday.

It was never performed, because Jacobean England was a police state and it was banned by the censor.

2 months ago 4662 1829 48 38

This is very good

2 months ago 0 0 0 0

What a terrible day to know how to read

5 months ago 4517 547 39 65
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For the avoidance of doubt, releasing the names of federal officers who shot and killed an American citizen is not in any way shape or form doxing.

2 months ago 18 3 0 1
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My first remarks since being arrested last night.

2 months ago 25068 6638 969 277

Stop arresting journalists for covering newsworthy events

2 months ago 4 2 0 0
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Georgia Fort, an independent journalist and vice president of the Minnesota NABJ chapter, was also arrested by federal agents this morning

I was sent this video of agents at her door:

2 months ago 13451 7170 651 856
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Knight Institute Condemns Arrest of Journalists Reporting on Minneapolis Protests, warns of tightening vise on #pressfreedom.
knightcolumbia.org/content/knig...

2 months ago 22 16 2 0

"in theater". "Draw down". Hard to blame people for calling it a military occupation when leaders describe it that way. It's your own damn country, act like it.

2 months ago 299 73 6 1

Also... *More harm

Here's Jefferson: Blackstone has "done more towards the suppression of the liberties of man, than all the million of men in arms of Bonaparte and the millions of human lives with the sacrifice of which he will stand loaded before the judgment seat of his maker."

2 months ago 1 0 0 0

I've written at length about the rejection of Blackstone in the speech and press context: share.google/JLkzGN14Mxdx...

2 months ago 0 0 1 0

The strange obsession with Blackstone, a monarchist who hated the colonists and their fight for independence, has long been a focus of mine.

Jefferson said that Blackstone did now harm than the armies of Bonaparte!

2 months ago 17 6 2 0

- cancel all EOs
- fire political appointees
- strip clearances
- appoint special prosecutor for DHS
- hire a zillion IGs
- investigate and prosecute crimes
- investigate and refer policy violations for disciplinary action
- recode ICE and CBP jobs out of 1811 series
- revert name changes

2 months ago 2253 352 47 28
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The search and seizure of @washingtonpost.com reporter
@hannahnatanson.bsky.social's records is unconstitutional and illegal in its entirety.

The judge was right to block it until a full hearing, at which time he should block it permanently.

Read our statement: freedom.press/issues/judge...

2 months ago 38 6 0 0

Whew. That was a doozy. I need to prep for class, so I'll write up more later, but quick reaction is Hawaii will likely lose, but maybe as close as 5-4. Justices didnt seem interested in looking to govt motive/purpose, but couldnt get over that Hawaii was doing something it wouldnt for other rights.

3 months ago 7 3 1 0

Another outrageous attempt to hide abuses from the press and the public...

3 months ago 1 2 0 0

…shall not be abridge free speech UNLESS a right-wing judge finds it distasteful.

3 months ago 1476 279 28 3

An unconstitutional retaliation against a citizen for exercising First Amendment rights...

3 months ago 2 0 0 0
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Findings of Fact & Conclusions of Law – #168 in Spectrum WT v. Wendler (N.D. Tex., 2:23-cv-00048) – CourtListener.com FINDINGS OF FACT AND CONCLUSIONS OF LAW (Ordered by Judge Matthew J. Kacsmaryk on 1/17/2026) (vls)

Judge Kacsmaryk rejects challenge by West Texas A&M University's LGBQT club to drag show ban, saying the First Amendment doesn't protect "self-expression in all forms, and certainly not the libertine 'expressive conduct' absolutism envisioned" by the group. storage.courtlistener.com/recap/gov.us...

3 months ago 653 175 127 205
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3 More Lawmakers in Video Say Federal Prosecutors Are Investigating Them

Criminalizing the repetition of law itself. Outrageous, obviously.

Smacks of the arrest of Russians for the crime of holding up blank signs.

www.nytimes.com/2026/01/14/u...

3 months ago 4 1 0 0
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Justice Department's Overreaching on Leaks Threatens Freedom of the Press | ACLU

As to the Privacy Protection Act, the Obama administration got around it by claiming that the reporter was a co-conspirator--the product of narrow exceptions blown open by federal caprice.

share.google/HyOgR7i6dX0u...

3 months ago 3 1 1 0
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Trump’s Dangerous Fiction: “Illegal” Journalism By labeling critical coverage as “corrupt and illegal,” Trump threatens to use the justice system to settle political scores.

Yes, I plan to write something up on this.

For a warning about the logical next step in these attacks, I wrote this historical primer on prosecuting journalists last week...

matthewschafer.medium.com/trumps-dange...

3 months ago 5 1 1 0
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F.B.I. Searches Home of Washington Post Journalist for Classified Material

www.nytimes.com/2026/01/14/u...

3 months ago 0 0 0 0