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Brian Soucek

@brsoucek.bsky.social
889 followers 352 following 108 posts

Professor at UC Davis Law School, where I teach con law & civil procedure and write about academic freedom & aesthetics. Author of The Opinionated University (U Chicago Press 2026) and Permitting Art (Cabinet). law.ucdavis.edu/people/brian-soucek

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Reposted by Brian Soucek
Academe @academemagazine.bsky.social · 21/09/2026
Reviewing The Opinionated University for Academe, Robert Post praises the nuanced discussion of the myth of “institutional neutrality” by author @brsoucek.bsky.social, who’s “deeply knowledgeable about fundamental principles of academic freedom.”
aaup.org
Clarifying How Universities Should Deal with Controversy
Robert Post reviews The Opinionated University: Academic Freedom, Diversity, and the Myth of Neutrality in American Higher Education by Brian Soucek.
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Yale AAUP @aaupyale.org · 11/09/2026
Can universities be neutral? Yale Law School professor and AAUP member Robert Post reviews Brian Soucek’s (@brsoucek.bsky.social) The Opinionated University in Academe Magazine (@academemagazine.bsky.social), exploring institutional neutrality and academic freedom. Read: bit.ly/AM_Controversy
Robert Post’s Academe Magazine review, “Clarifying How Universities Should Deal with Controversy,” on a gray gradient background. Beneath the headline, a note identifies the review as a preview of the fall 2026 issue. Brian Soucek’s book, The Opinionated University: Academic Freedom, Diversity, and the Myth of Neutrality in American Higher Education, appears with bright yellow lettering over a black-and-white photograph. Alongside the cover, the opening paragraph praises the book’s treatment of diversity statements, institutional neutrality, and academic freedom. The AAUP Yale logo is centered below the article.
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Brian Soucek @brsoucek.bsky.social · 02/09/2026
Do gays and Canada need to do a public trust study, or is that just for universities?
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Brian Soucek @brsoucek.bsky.social · 27/07/2026
Wow. I hope I'm never on the wrong side of a takedown like this. www.chronicle.com/article/kwam...
chronicle.com
Opinion | Dear Critics of Literary Studies: Do the Reading
The philosopher’s report on the state of literary studies is a shambles.
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Jay Willis @jaywillis.net · 30/06/2026
Clarence Thomas's concurring opinion in the trans sports ban case in West Virginia contains some of the ugliest transphobic stuff I have ever seen in a legal opinion. Straight-up gleeful. Vile man. www.supremecourt.gov/opinions/25p...
2 WEST VIRGINIA v. B. P. J.
THOMAS, J., concurring
judgment). Because “gender dysphoria” is a mutable men-
tal state that is the object of psychiatric treatment, it does
not resemble the immutable characteristics on the basis of
which our precedents have applied heightened scrutiny—
race, sex, or national origin. Instead, gender dysphoria re-
sembles other characteristics on the basis of which legisla-
tures may classify with a merely rational basis. See, e.g.,
Heller v. Doe, 509 U. S. 312, 321 (1993) (mental illness);
Plyler v. Doe, 457 U. S. 202, 220 (1982) (immigration sta-
tus). Legislatures have many obvious rational bases to
keep men who believe that they are women out of teams
and private spaces reserved for women.
Second, as the Court recognizes, this case concerns “bio-
logical men” and “boys who identify as girls.” Ante, at 10,
27. Men and boys with gender dysphoria are not women or
girls, even if they believe that they are. Sex is an immuta-
ble “biological” characteristic, see ante, at 10; it is binary;
and “man” and “woman,” “boy” and “girl,” are the terms that
correspond to adults and children of each sex. See A. Byrne,
Are Women Adult Human Females? 177 Philosophical
Studies 3783, 3786–3787 (2020). To use language to ob-
scure reality—to show “indifference regarding the truth”—
is to lie to the public and cease to treat our fellow citizens
“as equal[s].” J. Pieper, Abuse of Language—Abuse of
Power 17, 21 (1992).
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Brian Soucek @brsoucek.bsky.social · 26/06/2026
Grateful to Keith for such a deep dive into my book! reason.com/volokh/2026/...
reason.com
Academic Freedom Podcast Returns
A new episode of the Academic Freedom Podcast has been released. This episode features a conversation with Brian Soucek about his new book, The Opinionated University, and the compatibility between ac...
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Brian Soucek @brsoucek.bsky.social · 24/06/2026
👏🏼👏🏼👏🏼👏🏼👏🏼
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Shen-yi Liao 廖顯禕 @liao.shen-yi.org · 12/05/2026
Excellent opinion essay by @brsoucek.bsky.social taking that Yale committee "on trust in higher education" report to task. In particular, he rightly criticizes the committee for assuming, without much thought, that every university has to be like Yale. www.chronicle.com/article/what...
chronicle.com
Opinion | What Makes Yale Think It Speaks for Higher Ed?
The Ivy League university has mistaken itself for all of higher education.
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Brian Soucek @brsoucek.bsky.social · 08/05/2026
Much like @fishkin.bsky.social’s earlier testimony about the UCLA encampments this is an important and comprehensive account of another speech controversy that will ling be put to harmful (mis)use
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Ariela Gross @arielagross.bsky.social · 08/05/2026
My colleague Dave Marcus sets the record straight on the event at UCLA Law last week that @foxnews.com.web.brid.gy falsely referred to as “campus chaos.” I hope those using the false narrative in their campaign against universities pause to consider a true account: www.dorfonlaw.org/2026/05/mean...
dorfonlaw.org
Meaningful Campus Engagement with Government Officials: A Response to UCLA’s Critics (Guest Post By UCLA Law Professor David Marcus)
On Tuesday, April 21, UCLA Law’s Federalist Society chapter hosted a lunchtime event with James Percival, general counsel at the U.S. Depart...
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Brian Soucek @brsoucek.bsky.social · 06/05/2026
This is a fantastic letter.
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Brian Soucek @brsoucek.bsky.social · 15/04/2026
Come join us, Philly friends!
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Brian Soucek @brsoucek.bsky.social · 31/03/2026
The gall of telling trans kids, after Skrmetti, that characterizing something as "treatment" doesn't affect constitutional protections...
Her speech does not become conduct just because the State may call it that. Nor does her speech become conduct just because it can also be described as a “treatment,” a “therapeutic modality,” or anything else. The First Amendment is no word game.
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Brian Soucek @brsoucek.bsky.social · 27/03/2026
Some frantic energy at Newark Airport this morning but the Touchless Precheck line was shorter than Starbucks’ (~4 min)
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Brian Soucek @brsoucek.bsky.social · 27/03/2026
100%. I sat in the front of the Dress Circle on Wednesday and heard the same thing: namely, not much singing. www.nytimes.com/2026/03/26/a...
nytimes.com
A Troubling Problem at the Heart of the Met Opera’s Big Hit
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Brian Soucek @brsoucek.bsky.social · 20/03/2026
Such great questions and helpful comments from the @setonhalllaw.bsky.social faculty today. I’m really grateful to them for having me. Thanks @dorfmandoron.bsky.social!
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lastpositivist.bsky.social @lastpositivist.bsky.social · 16/03/2026
Genuinely just bonkers to watch the USA do this to one of the most successful and innovative hubs of scientific research the world has ever seen. All those years of Free Speech On Campus debates and it turns out they actually wanted less cancer research. Absurd.
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AAUP @aaup.org · 06/03/2026
“Father Brian Shanley is violating New York state law & ignoring decades of St. John’s institutional practice & centuries of Catholic social teaching around respect for labor & workers." — Sophie Bell, St. John's University AAUP President
ncregister.com
St. John’s University in New York No Longer Recognizes Faculty Labor Unions
St. John’s University’s recent decision to cease recognizing faculty labor unions after 56 years stirred a conversation on Catholic social teaching.
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Joey Fishkin @fishkin.bsky.social · 14/02/2026
This is a genuinely huge, sweeping victory today for the University of California—or rather, for us, its faculty, acting through our faculty associations, while the UC itself maintained a strict policy of deer-in-headlights silence. The Trump admin has given up its appeal of a powerful injunction:
latimes.com
Trump administration drops appeal of court order blocking $1.2-billion UCLA settlement
The Trump administration dropped its appeal of a major higher education case in which a federal judge blocked its $1.2-billion settlement proposal to UCLA over alleged civil rights violations. It will...
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Brian Soucek @brsoucek.bsky.social · 14/02/2026
I took the Page 99 test! page99test.blogspot.com/2026/02/bria... @uchicagopress.bsky.social
page99test.blogspot.com
Brian Soucek's "The Opinionated University"
Brian Soucek is a Martin Luther King Jr. Professor of Law at the University of California, Davis. A scholar of free speech and equality law...
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Nora Kenworthy @kenworthy.bsky.social · 30/01/2026
This week on @inthemeanwhile.bsky.social, @mhgreen3000.bsky.social and I talk with @brsoucek.bsky.social about academic freedom, the impossibility of institutional neutrality, and why turning campuses into corporate training centers undermines democracy. podcasts.apple.com/us/podcast/e...
podcasts.apple.com
Ep 36: Make Universities Unruly Again with Brian Soucek
Podcast Episode · In the Meanwhile · 01/30/2026 · 1h 6m
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Brian Soucek @brsoucek.bsky.social · 26/01/2026
Round 1 to Professor Kutz. Dean Chemerinsky, like Berkeley's Provost, simply ignores the relevant standard here (UC's APM-015), which, as Kutz quotes, requires a "significant intrusion of material unrelated to the course." www.sfchronicle.com/opinion/open...
sfchronicle.com
Two Takes: Was UC Berkeley right to suspend a lecturer over his pro-Palestinian advocacy?
The university suspended computer science lecturer Peyrin Kao after finding he made pro-Palestinian comments to students after a class. Here are different opinions on the matter.
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Mary Anne Franks @maryannefranks.bsky.social · 24/01/2026
DC-area friends looking for a fun & cozy event before the Big Storm: come join my conversation with @brsoucek.bsky.social at Politics & Prose Bookstore (Conn Ave location) tonight from 5-6pm about his excellent and timely new book, The Opinionated University! politics-prose.com/brian-soucek
politics-prose.com
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Brian Soucek @brsoucek.bsky.social · 12/01/2026
I've got a copy of the finished product coming your way! I'm so grateful to you for being an early reader.
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Brian Soucek @brsoucek.bsky.social · 12/01/2026
Seattle (2/3) townhallseattle.org/event/brian-... Chicago (2/10) www.semcoop.com/event/brian-... If you're at Johns Hopkins, Georgetown, BU, BU, USC, UCLA, Northwestern, UChicago, Indiana, USF, Seton Hall, Rutgers, Yale, UW, or Stanford, reach out to me directly for info about my visit!
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Brian Soucek @brsoucek.bsky.social · 12/01/2026
UC Davis (TODAY!) law.ucdavis.edu/events/opini... SF (1/15) www.commonwealthclub.org/events/2026-... DC (1/24) politics-prose.com/brian-soucek Cambridge (1/28) www.harvard.com/event/brian-... Princeton (1/29) www.labyrinthbooks.com/events/souce...
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Brian Soucek @brsoucek.bsky.social · 12/01/2026
It's official publication day for The Opinionated University: Academic Freedom, Diversity, and the Myth of Neutrality in American Higher Education @uchicagopress.bsky.social More info on the book here: lnkd.in/gAux5ktY Links in the comments to lots of places I'll soon be visiting.
Book cover that says
Brian Soucek
The Opinionated University
Academic Freedom, Diversity, and the Myth of Neutrality in American Higher Education
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Tony Varona @tonyvarona.bsky.social · 07/01/2026
Great fun speaking on the #AALS2026 Hot Topic session dedicated to UC-Davis Law Prof Brian Soucek’s brilliant and timely book, The Opinionated University. I was honored to share the panel with BU Law Dean Angela Onwuachi-Willig, UC-Davis Law Dean Jessica Berg, and U of… 1/2
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Brian Soucek @brsoucek.bsky.social · 07/01/2026
This panel was so great: me and three amazing deans who deal with the issues in my book on the ground every single day. They all had so much insight to share.
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UC Davis School of Law @ucdavislaw.bsky.social · 07/01/2026
Tune in to the AALS Hot Topic Program’s panel “Author Meets Deans,” moderated by @ucdavis.bsky.social Law Dean Jessica Berg. It will focus on Professor @brsoucek.bsky.social’s book “The Opinionated University: Academic Freedom, Diversity, and the Myth of Neutrality in American Higher Education.”
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UC Davis School of Law @ucdavislaw.bsky.social · 07/01/2026
@ucdavis.bsky.social Law Professor @brsoucek.bsky.social’s article, “Tax Law as Muse,” coauthored with Associate Professor Jennifer C. Lena (Teachers College, Columbia University), will receive the first-ever Art Law Scholarship Award from the AALS Art Law Section at 11:10 a.m. CT. 🎉 #AALS2026
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Town Hall Seattle @townhallseattle.bsky.social · 02/01/2026
2/3 at 7:30 PM | UC Davis law professor and author @brsoucek.bsky.social argues why institutional neutrality is an unattainable myth in "The Opinionated University," calling on universities to stand up for their values. 🎟️ Get tickets: buff.ly/joMhkf3
Promotional graphic for event featuring Brian Soucek at Town Hall Seattle, scheduled for Feb 3. A headshot of Brian wearing a navy suit is included with the book cover for "The Opinionated University." The background is a gradient mix of blue, pink, and purple.
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Brian Soucek @brsoucek.bsky.social · 03/12/2025
I wish I had written this essay. I think it's perfect. www.chronicle.com/article/the-...
chronicle.com
Opinion | The Dishonesty of the Northwestern Deal
The university claims it preserved academic autonomy. It didn’t.
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Brian Soucek @brsoucek.bsky.social · 29/11/2025
Northwestern took the deal Trump has offered UCLA (but with a $75mil bribe, not $1.2 billion).
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Brian Soucek @brsoucek.bsky.social · 23/11/2025
Maybe before!
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Brian Soucek @brsoucek.bsky.social · 23/11/2025
Who is better than @uchicagopress.bsky.social, who sent me a beautifully wrapped first copy of my new book! Get your copy of The Opinionsted University here: press.uchicago.edu/ucp/books/bo...
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Brian Soucek @brsoucek.bsky.social · 02/11/2025
Vicki Schultz and I wrote this in 2021. For some reason I've been thinking about it lately. www.nbcnews.com/think/opinio...
nbcnews.com
Opinion | How Cuomo is exploiting public confusion over the definition of sexual harassment
As a legal matter, the sexualized definition of harassment most commonly provided and publicized is over 20 years out of date.
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Brian Soucek @brsoucek.bsky.social · 28/10/2025
Another strong post from UC's Academic Senate, this time on the personally identifiable information of students, staff, and faculty that UC is (or might be) turning over to the Trump administration.
STATEMENT FROM THE UC ACADEMIC COUNCIL REGARDING DISCLOSURES OF
PERSONALLY IDENTIFIABLE INFORMATION (PII)
With unanimous resolve, the Academic Council addresses University of California President Milliken
concerning the disclosure of personally identifiable information (PII) of faculty, students, and staff
to the federal government amid an ongoing investigation of UC Berkeley by the Office for Civil Rights
within the U.S. Department of Education into alleged violations of Title VI of the Civil Rights Act of
1964.
President Milliken’s message to the UC community on October 3 describes the University’s actions
as undertaken to comply with federal law, as written and interpreted, and refers to several months
of anonymization efforts. The attendant FAQ further states that there have been prior federal
investigations, demands for records, and PII disclosures by UC and many other institutions.
Nevertheless, in this volatile climate—amid systematic and unprecedented federal actions
designed to usurp control over U.S. higher education—universities must recognize that they can no
longer rely on the ethos of collaboration and goodwill that has historically defined their relationships
with the federal government. Consequently, we assert that the disclosure of PII can no longer be
regarded as a standard procedural matter, irrespective of pre-existing agreements or interpretations
of federal compliance requirements.
These disclosures have already chilled academic speech and instilled fear in our community of
punitive measures and targeted threats. Critically, named persons may not yet have had the
opportunity to contest allegations, correct University records, or mitigate risks. These concerns are
now amplified by press reports of expanded and unrestricted access to federal databases, raising
the specter of misuse of sensitive information. While notifying affected individuals only after
disclosure is preferable to silence, the post-facto timing has further eroded institutional t…
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Brian Soucek @brsoucek.bsky.social · 23/10/2025
Well, it’s really “we agree to follow Pam Bondi’s view of the law”
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Brian Soucek @brsoucek.bsky.social · 23/10/2025
The real problem with UVA's agreement today is that it gives the US the "sole discretion" to decide questions like these. And I have a hunch that Pam Bondi is going to interpret the Bondi memo as consistent with "relevant judicial decisions." So UVA hasn't given itself much of an out here... /end
fI at any time after the Effective Date, the United States ni its sole discretion determines that UVA si making insufficient progress toward compliance with the Civil Rights I.aws, it wil so notify UVA and provide UVA with a period of 15 days ot make appropriate progress. If the United States determines ni its sole discretion after that time that UVA has not made adequate progress, the United States may terminate this Agreement and may pursue enforcement actions, monetary fines, or grant or funding terminations as appropriate, and may resume al Investigations held ni abeyance during the pendency of this Agreement.
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Brian Soucek @brsoucek.bsky.social · 23/10/2025
Are the opinions endorsing race-neutral means of promoting diversity INCONSISTENT with the Bondi memo, or does Bondi just go beyond them, supplementing their colorblindness regarding means with an additional requirement that ends be colorblind too? /3
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Brian Soucek @brsoucek.bsky.social · 23/10/2025
For example, the Bondi memo prohibits race-neutral recruitment strategies like "targeting specific geographic areas" that "correlate with" race. Conservative justices on the Supreme Court have long recommended the use of race-neutral methods like these. /2 www.justice.gov/opa/pr/justi...
justice.gov
Justice Department Releases Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination
WASHINGTON – Today, the Department of Justice released Guidance to ensure that recipients of federal funding do not engage in unlawful discrimination.  In particular, it clarifies that federal antidis...
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Brian Soucek @brsoucek.bsky.social · 23/10/2025
UVA agrees to "apply Civil Rights Law internally" according to the July 2025 Bondi memo, but only "to the extent consistent with relevant judicial decisions." That last part could matter, since the Bondi memo goes so far beyond what "relevant judicial decisions" hold. /1
UVA alfirms its commitment to complying with federal civil rights law and agrees to apply Civil Rights Law internally according to the Department of Justice's "Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination" of July 29, 2025, os long as that Guidance remains ni force and to the extent consistent with relevant judicial decisions.
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Brian Soucek @brsoucek.bsky.social · 16/10/2025
Sorry, Vice Provost*
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Brian Soucek @brsoucek.bsky.social · 16/10/2025
What can it possibly mean to apply an “institutional neutrality” policy to the role of “Vice Chancellor Provost of Climate Science, POLICY, and ACTION”? What, is he supposed to alternate days, recycling on one and burning coal the next? It’s incoherent. www.thedp.com/article/2025...
thedp.com
Penn community reflects on Michael Mann’s resignation, implications for institutional neutrality
Mann attributed the departure from his vice provost role to tension between his science policy advocacy work and Penn’s institutional neutrality policy. He remains a professor at Penn, and is the dire...
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Miriam Posner @miriamposner.com · 15/10/2025
Did you know that the UC Regents refuse to reveal the letter UCLA received from the Trump admin? Faculty requested a copy under the Public Records Act, but Regents refused, citing unidentified pending litigation. Now a judge has sided with @uclafa.bsky.social, saying UCLA must show us the letter.
dailybruin.com
Judge rules UC must publicize Trump administration settlement demands - Daily Bruin
This post was updated Oct. 14 at 11:30 p.m. A judge ruled Tuesday that the UC Board of Regents must publicize the Trump administration’s proposed settlement demands to UCLA.
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Brian Soucek @brsoucek.bsky.social · 15/10/2025
By requiring institutional neutrality except on issues that impact a university's mission, the Trump Compact for Higher Ed would put the Department of Justice in charge of deciding what every university's mission should be. rb.gy/7gjkp8
sfchronicle.com
Trump’s ‘compact’ with universities holds a hidden danger
OPINION: By imposing institutional neutrality, the Trump administration is giving itself the power to determine our universities’ missions, UC Davis law professor Brian Soucek writes.
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Brian Soucek @brsoucek.bsky.social · 13/10/2025
www.insidehighered.com/news/quick-t...
insidehighered.com
Pepperdine Closes Exhibit Featuring “Overtly Political” Art
Last month Pepperdine University in Malibu, Calif., opened an art exhibit titled “Hold My Hand In Yours,” which was scheduled to run for six months in the on-campus Frederick R. Weisman Museum of Art....
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Brian Soucek @brsoucek.bsky.social · 13/10/2025
Leading universities are closing departments, freezing graduate admissions, and shutting down museum shows for being “political”, but yes @nytimes.com please tell us about how Ilya Shapiro was almost forced to give his talk on a Wednesday rather than a Tuesday at NYU. www.nytimes.com/2025/10/13/o...
nytimes.com
Opinion | I Resigned as Manhattan’s U.S. Attorney. Law Schools Are Missing the Point of My Story.
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