Sign in

Brian L. Frye

@brianlfrye.bsky.social
4.3K followers 808 following 2.2K posts

Professor of Law, Tulane University School of Law. Maybell Romero’s +1. linktr.ee/brianlfrye

PostsRepliesMedia
Brian L. Frye @brianlfrye.bsky.social · 04/10/2026
Vienna kismet.
091
Brian L. Frye @brianlfrye.bsky.social · 02/10/2026
“New” camera. Only €20!
030
Brian L. Frye @brianlfrye.bsky.social · 29/09/2026
Affirmed. That’s it.
000
Brian L. Frye @brianlfrye.bsky.social · 29/09/2026
I bet on bad law.
120
Brian L. Frye @brianlfrye.bsky.social · 29/09/2026
Yes, in 10 days or so it seems.
000
Brian L. Frye @brianlfrye.bsky.social · 29/09/2026
Yet. 😭
121
Brian L. Frye @brianlfrye.bsky.social · 29/09/2026
Good to know, thx! Kinda hard to see what would need to be redacted in this case tho. And why they wouldn’t have figured it out in advance.
130
Brian L. Frye @brianlfrye.bsky.social · 29/09/2026
020
Brian L. Frye @brianlfrye.bsky.social · 29/09/2026
The 3rd Circuit has apparently affirmed in Thomson-Reuters v. ROSS, but the opinion is sealed. WTF? www.reuters.com/business/med...
reuters.com
US appeals court upholds Thomson Reuters' landmark win in AI training lawsuit
A US appeals court on Tuesday upheld a ruling for information services company Thomson Reuters in ​its copyright dispute with former legal-research rival Ross Intelligence over Ross' alleged misuse of...
221
Brian L. Frye @brianlfrye.bsky.social · 28/09/2026
I wonder if Chakrabarty’s co-authors will request the retraction of this paper, or at least remove their names from it, given the obvious undisclosed & incurable conflict of interest? They really should. www.techdirt.com/2026/09/25/o...
techdirt.com
OpenAI Accuses Plaintiffs’ Lawyers Of Paying For, Hiding, And Then Laundering Sketchy Key Evidence In AI Copyright Case
A ton of attention was paid recently to some offhand statements from OpenAI and Microsoft employees that surfaced in filings in the NY Times' ongoing case against OpenAI, which has been consolidated into a much larger class action lawsuit. As I argued earlier, that struck me as something of a nothingburger of a story, because...
021
Brian L. Frye @brianlfrye.bsky.social · 27/09/2026
City Reliquary. maps.app.goo.gl/Dhgw5avL4E4D...
maps.app.goo.gl
030
Brian L. Frye @brianlfrye.bsky.social · 26/09/2026
More of a Crimpshrine fan, personally.
000
Brian L. Frye @brianlfrye.bsky.social · 26/09/2026
This is why we have attorney fee shifting for right of publicity claims.
060
Brian L. Frye @brianlfrye.bsky.social · 25/09/2026
A tour of the Bolex factory from 1961, amazing! youtu.be/enMrFaohewQ?...
youtu.be
Images Vivantes - Bolex Paillard en 1961
YouTube video by Luhengfoto
020
Brian L. Frye @brianlfrye.bsky.social · 21/09/2026
I just posted Ipse Dixit #839, featuring Mike Plante discussing his new book "Sensation Cinema: The Audacious, Defiant History of Louis Sher and the Art Theatre Guild." The amazing story of Jacobellis v. Ohio, based on primary sources! shows.acast.com/ipse-dixit/e...
shows.acast.com
Mike Plante on Louis Sher & Jacobellis v. Ohio (1964) | Ipse Dixit
040
Brian L. Frye @brianlfrye.bsky.social · 19/09/2026
Presenting a work in progress at the Northeastern CLIC WIP. Thank you so much to @lexlanham.bsky.social for organizing & hosting! So many great projects.
060
Brian L. Frye @brianlfrye.bsky.social · 18/09/2026
Interesting! Email me?
010
Brian L. Frye @brianlfrye.bsky.social · 18/09/2026
Sounds amazing. Email me & we can schedule.
000
Brian L. Frye @brianlfrye.bsky.social · 18/09/2026
An interesting thing about returning to running in your 50s is that you don’t just wonder how long you’ll keep getting faster, but also when you’ll start getting slower. A little under a 7:30 mile for now anyway.
030
Brian L. Frye @brianlfrye.bsky.social · 18/09/2026
Of course! I’d be delighted. Email me & we can schedule.
000
Brian L. Frye @brianlfrye.bsky.social · 18/09/2026
Now that I’m settling in at Tulane, I’d like to do more Ipse Dixit interviews. If you’ve got a new paper or book you’d like to discuss, lmk.
5177
Brian L. Frye @brianlfrye.bsky.social · 17/09/2026
I mean, it’s embarrassing for the client, but so what? The opinion of one of the client’s employees on a question of law is irrelevant.
020
Brian L. Frye @brianlfrye.bsky.social · 17/09/2026
Client’s employee has legally irrelevant opinion, what else is new?
110
Brian L. Frye @brianlfrye.bsky.social · 17/09/2026
Delighted to see my essay “Exercises in Jurisprudential Style” get a “recommended”! legaltheoryblog.com/2026/09/17/f...
legaltheoryblog.com
Frye on Exercises in Jurisprudential Style
Brian L. Frye (Tulane University Law School) has posted Exercises in Jurisprudential Style on SSRN.  Here is the abstract: This essay is a work of conceptual art in the form of a legal sc…
031
Brian L. Frye @brianlfrye.bsky.social · 17/09/2026
Indeed. Ironically, when it comes to charitable spending, effective altruists haven’t actually been all that effective. It turns out that altruism is hard to scale.
060
Brian L. Frye @brianlfrye.bsky.social · 17/09/2026
I love Liz Phair. Although I have regretted buying some of her more recent albums.
010
Brian L. Frye @brianlfrye.bsky.social · 16/09/2026
Tickled to see my institution promoting this! 😜
061
Reposted by Brian L. Frye
Tulane Law School @tulanelawschool.bsky.social · 16/09/2026
What happens when a comedy club has a copyright and trademark question? They call a law professor. Professor @brianlfrye.bsky.social, an expert in intellectual property law, sat down with the team behind The Comedy Cellar to talk copyright, trademarks, joke stealing and more. Check it out ⤵️
youtube.com
In Defense of Plagiarism╎ Brian L. Frye on Ross Barkan, Claudine Gay, and Writing With AI
YouTube video by Comedy Cellar USA
031
Brian L. Frye @brianlfrye.bsky.social · 16/09/2026
The report says they are complements, which means you can have one without the other, which is the case wrt academic freedom & institutional neutrality. And you haven’t identified anything in the chancellor’s statement that violated academic freedom or institutional neutrality. You just dislike it.
000
Brian L. Frye @brianlfrye.bsky.social · 16/09/2026
The report says that academic freedom & institutional neutrality are complements, which is to say they are different things. Also, nothing about institutional neutrality prevents a university from stating that it doesn't endorse the protected statements of its faculty members.
100
Brian L. Frye @brianlfrye.bsky.social · 15/09/2026
Even if it is a violation of the institutional neutrality policy - which nothing you have said substantiates - it still isn’t an academic freedom violation. Again, you can just argue that he is wrong on the merits.
100
Brian L. Frye @brianlfrye.bsky.social · 14/09/2026
Institutional neutrality policies don't require universities to refrain from speaking about matters related to their mission or clarifying that they don't endorse the speech of faculty members. No one's academic freedom has been violated. You can just disagree with him on the merits.
100
Brian L. Frye @brianlfrye.bsky.social · 14/09/2026
I certainly agree that the university president can affect someone's willingness to exercise academic freedom in different ways than others. But I also think it's relatively easy to avoid the president's attention. And I think it's an open question what academic freedom should & shouldn't protect.
000
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
I would characterize that as criticism of the expressive act of inviting that person to speak, without of course defending the content of that criticism.
111
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
Yeah, fair. It's hard to speak generally about institutional neutrality policies in the abstract, because they're all different. Our provost just discussed the Tulane policy with us & his interpretation seemed consistent with institutional criticism under some circumstances.
020
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
Fair. I think one way of protecting the principle of academic freedom is by criticizing speech but recognizing that it is protected.
120
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
A policy of institutional neutrality means the university generally doesn’t take positions on political matters unrelated to its mission. It certainly allows a university to disclaim the speech of its employee. While it doesn’t require criticism of that speech, it doesn’t prohibit it either.
110
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
Sure, he’s a fair target for criticism too.
020
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
I think it’s fine to criticize the chancellor & I’m not defending his statement. But there’s no academic freedom problem here.
110
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
On the contrary, the chancellor protected academic speech by affirming the principle that academic institutions cannot punish academics for distasteful academic speech.
000
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
You are more than welcome to criticize the chancellor’s assessment of what constitutes reasonable speech.
100
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
Yes, firing someone for speech protected by academic freedom is the essence of a violation.
000
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
So Penn should defend Amy Wax? I disagree. The institution has to defend the engage in academic speech. It doesn’t have to defend & can criticize the speech itself.
220
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
Ok. Doesn’t create an academic freedom problem.
010
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
Hard disagree. Academic freedom means the institution can’t punish you for academic speech. It doesn’t mean the institution can’t criticize your academic speech.
120
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
Fair. But we criticize the administrators all the time, sauce for the goose &c. Also, if you’re gonna court controversy for attention, you can’t complain when you get it.
110
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
Oh no what about his academic freedom.
110
Brian L. Frye @brianlfrye.bsky.social · 13/09/2026
I prefer a briefcase. 🤗 Coach is nice.
121
Brian L. Frye @brianlfrye.bsky.social · 12/09/2026
Academic freedom doesn’t mean freedom from criticism.
493
Brian L. Frye @brianlfrye.bsky.social · 12/09/2026
Thx for sharing. This was a tough read & I feel the same.
040