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Evelyn Douek

@evelyndouek.bsky.social
7.3K followers 380 following 257 posts

Associate Professor, Stanford Law School. Aussie struggling with °F & online speech stuff.

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Reposted by Evelyn Douek
Jeff Stein @jeffreystein.bsky.social · 30/09/2026
Today, we secured a crucial win in our efforts to force the Trump administration to publicly disclose the secret legal opinion it’s using to justify mass murder in the Caribbean and Pacific.
nytimes.com
Judge Questions Secrecy Around Trump Administration’s Memo on Boat Strikes
The judge also ordered the Justice Department to privately show the court the contested document, which blesses the disputed killings at sea.
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Evelyn Douek @evelyndouek.bsky.social · 29/09/2026
As debates rage about governance for the AI era, the self-regulatory institutions from the last tech governance moment are collapsing www.wired.com/story/indepe...
wired.com
Meta-Led Anti-Terrorism Group Faces Mass Resignation of Expert Advisers
Meta and other tech giants are pushing through structural changes at the Global Internet Forum to Counter Terrorism that outside researchers allege will weaken oversight of an already embattled consor...
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Eric Columbus @ericcolumbus.bsky.social · 23/09/2026
This idiotic suit was never going to prevail in court. But it had a decent shot at deterring other reporting, and we may never know if, in that sense, Trump won.
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Evelyn Douek @evelyndouek.bsky.social · 22/09/2026
wow, that Meta settlement agreement is incredible
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Daphne Keller @daphnek.bsky.social · 09/09/2026
Good write up of US abuse of the terrorist org designation process against an Italian provider of privacy-protective internet services. This should be a high priority issue for orgs in this space. It shines a light on legal and technical vulnerabilities to US pressure that will be exploited again.
article19.org
USA: Terrorism designation has global consequences for open internet and free expression - ARTICLE 19
The US sanctioning of infrastructure provider Autistici/Inventati violates international freedom of expression standards and sets a dangerous precedent.
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Jeff Stein @jeffreystein.bsky.social · 02/09/2026
On today’s grim one-year anniversary of the Trump administration’s boat strikes campaign — which has snuffed out at least 227 lives — it’s more important than ever to insist that the strikes are not simply inhumane and ineffective, but illegal. My reflections in @thehill.com :
thehill.com
Trump’s boat strikes are illegal. Does it matter?
An ACLU attorney argues that the Trump administration’s boat strikes off the Venezuelan coast are illegal, immoral, and ineffective, citing the deaths of Trinidadian nationals Chad Joseph and…
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Evelyn Douek @evelyndouek.bsky.social · 30/08/2026
Will never stop being surreal that stuff like this keeps happening in the land of the First Amendment www.reuters.com/business/med...
reuters.com
Trump says NBC's Welker to be reported to FCC over characterization of his endorsement record
U.S. President Donald Trump said in a Truth Social post on Sunday that NBC's Kristen Welker will be reported ​to the Federal Communications Commission for "rebuke or punishment," after he said ‌she re...
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Evelyn Douek @evelyndouek.bsky.social · 26/08/2026
Sure seems like state action to compel a private company to suppress protected speech in a content-based way.......
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Jameel Jaffer @jameeljaffer.bsky.social · 25/08/2026
We're hiring legal fellows to work on cutting-edge cases relating to free speech, press freedom, and new technology. Please send good people our way! knightcolumbia.org/page/legal-f...
knightcolumbia.org
| Knight First Amendment Institute
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Jake Snow @snowjake.bsky.social · 30/07/2026
COME WORK at the ACLU! @aclu-norcal.bsky.social is hiring attorneys to work on tech and civil rights (my team) and the criminal legal/immigration system. These folks will work at the cutting edge of legal and policy efforts in California and beyond. Apply here: www.aclunorcal.org/jobs/staff-a...
aclunorcal.org
Staff Attorney / Senior Staff Attorney - ACLU of Northern California
Develop and carry out litigation and policy advocacy to advance to protect and defend civil rights and civil liberties for all Californians.
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Evelyn Douek @evelyndouek.bsky.social · 06/07/2026
It's hard to see or write a story about chill -- about what *isn't* said -- so it's important to pay attention to the visible signs. The Administration can silence a lot of speech without directly "censoring" anything. www.semafor.com/article/07/0...
semafor.com
Exclusive: ‘The View’ throttles back political candidate bookings following FCC inquiry
Since February, the ABC daytime talk show has cut its bookings of candidates for office.
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Evelyn Douek @evelyndouek.bsky.social · 13/06/2026
Anyhoo, here's a paper of mine that came out this week on the dangers of allowing the US gvt to ban access to speech products on the grounds that it is just regulating ownership or exports or something, in the name of national security. But good thing it was a one-off mistake!
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Genevieve Lakier @genevievelakier.bsky.social · 09/06/2026
The rule against viewpoint discrimination is one of the most imptl in First A law. But as I show in a new paper, forthcoming in the U Penn Law Review, the test of viewpoint discrimination has changed a LOT in the past few decades, in good ways and bad. 🧵 papers.ssrn.com/sol3/papers....
papers.ssrn.com
The New Law of Viewpoint Discrimination
<p><span>The prohibition against viewpoint discrimination is one of the oldest and most important principles of First Amendment law. But what it means to viewpo
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Evelyn Douek @evelyndouek.bsky.social · 08/06/2026
Excited that the final version of my article "TikTok v. Garland and the First Amendment Anticanon" has been published. It argues that the case is a shameful example of the all-too-common tradition betraying 1A principles in the name of national security www.journals.uchicago.edu/doi/10.1086/...
journals.uchicago.edu
Tiktok v. Garland and the First Amendment Anticanon | The Supreme Court Review: Vol 2025, No null
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Genevieve Lakier @genevievelakier.bsky.social · 02/06/2026
I am thrilled that my article exploring the STRONG protection that 1A law provides against govt jawboning is now out in @uchilrev.bsky.social. It is deeply depressing however that understanding the law of jawboning remains so impt today lawreview.uchicago.edu/print-archiv...
lawreview.uchicago.edu
Enforcing the First Amendment in an Era of Jawboning | The University of Chicago Law Review
For decades, it has been black letter law that the informal exercise of government power can violate the First Amendment when it creates an “informal system of censorship.” Lower courts have been deep...
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Evelyn Douek @evelyndouek.bsky.social · 28/04/2026
Fun fact: the "true" in "true threats are unprotected speech" in First Amendment law comes from the Court wanting to ensure that the government could not go after hyperbole or "vituperative, abusive, and inexact" language in the political arena to prosecute people for criticisms of the president
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Genevieve Lakier @genevievelakier.bsky.social · 21/04/2026
For example from Gentile v. State Bar Nevada, 501 U.S. 1030, (1991)
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Jameel Jaffer @jameeljaffer.bsky.social · 18/04/2026
“That Rümeysa felt she had to return to Turkey to escape the shadow of state violence says everything you need to know about the state of free speech and academic freedom in this country,” said Ramya Krishnan, an attorney at the Knight First Amendment Institute. www.bostonglobe.com/2026/04/17/m...
bostonglobe.com
Rümeysa Öztürk, Tufts University grad arrested by ICE agents last year, returns to Turkey - The Boston Globe
The government and Öztürk’s legal team have jointly moved to dismiss her immigration proceedings.
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Evelyn Douek @evelyndouek.bsky.social · 15/04/2026
I can't keep track -- is TikTok causing young people to protest too much, or too little? www.nytimes.com/2026/04/14/o...
Most consequentially, Haidt contended,

    years of consuming short videos during childhood and puberty seems to disrupt the development of executive function, which refers to the cognitive processes that support goal-directed behavior.

    Young people who watch a lot of short videos (which is most of Gen Z and Gen Alpha) find it more difficult to do anything that is hard, or that requires deep thought, or that can only be accomplished with persistent effort. That would include political activism, especially action in realms beyond social media.

Haidt’s concluding point:

    I believe that TikTok, Instagram Reels, and YouTube Shorts are bringing America a cognitive catastrophe. The diminishment of capability is hitting both sides, but it is the left that most needs its young people to come out and fight for change.
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Evelyn Douek @evelyndouek.bsky.social · 29/03/2026
Absolute word-salad of a response from YouTube's CEO about the decision to ban Donald Trump and its content moderation policies. "We're doing the best we can and work with whoever is in power" is definitely reassuring stuff! www.nytimes.com/2026/03/28/m...
I’m trying to think back to the policies that were in place back then. Many of those are not in place today. We have a long track record of working with administrations, really on both sides of the aisle. We make our decisions based on what we believe at the moment to be right for the creator ecosystem that we spent the bulk of the time talking about here. We strive to write our community guidelines in the best way we possibly can. We strive to be as much of an open platform as we can.
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Evelyn Douek @evelyndouek.bsky.social · 28/03/2026
"Restoring Freedom of Speech and Ending Federal Censorship" (Executive Order 14149) going well!
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Evelyn Douek @evelyndouek.bsky.social · 16/03/2026
Chilling effects are hard to measure or document. They are what doesn't get said over here, because of some gvt action over there. But pieces like this are a small part of making visible what is obvious: right now, chilling effects are everywhere www.nytimes.com/2026/03/16/u...
nytimes.com
Professors Are Changing What They Teach, Even Far from Trump’s Gaze
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Evelyn Douek @evelyndouek.bsky.social · 14/03/2026
This is corrupt, yes, but the real reward and danger remains the transfer of control over content on the platform into the hands of political allies
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Evelyn Douek @evelyndouek.bsky.social · 14/03/2026
Helpful to have my research agenda compiled into one handy dandy chart though
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Jameel Jaffer @jameeljaffer.bsky.social · 12/03/2026
The article quotes a tech-transparency group "blasting" X for hosting this account, but it's actually a good thing that Americans can hear what Iran's leaders have to say, unfiltered by Trump. Seems especially important right now.
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Evelyn Douek @evelyndouek.bsky.social · 11/03/2026
Famously, the First Amendment exists so that the press can freely flatter government officials www.washingtonpost.com/business/202...
washingtonpost.com
Pentagon bars press photographers over ‘unflattering’ Hegseth photos
Defense Secretary Pete Hegseth’s staff took issue with photos taken in a rare briefing last week and decided to shut out press photographers from two subsequent news conferences.
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Genevieve Lakier @genevievelakier.bsky.social · 09/03/2026
The 1A may not be the best vehicle for discussing the costs and benefits of professional licensing in general. But it does provide a basis for challenging powerful monopolies in states where there is little appetite for regulatory reform, like NY, as I argue here. www.cambridge.org/core/books/r...
cambridge.org
Professional Speech, the Lochnerized First Amendment, and the Unauthorized Practice of Law (Chapter 14) - Rethinking the Lawyers' Monopoly
Rethinking the Lawyers' Monopoly - September 2025
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Genevieve Lakier @genevievelakier.bsky.social · 24/02/2026
My thoughts for @knightcolumbia.org on what to do about the private as well as gov authoritarianism that helps explain why, even tho they are not broadly popular, the admin's efforts at ideological control have often been so successful...
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Knight First Amendment Institute @knightcolumbia.org · 23/02/2026
For our Reconstructing Free Expression series, @genevievelakier.bsky.social looks at why the First Amendment fails to fulfill its anti-authoritarian role, and what doctrinal changes can be made to facilitate the creation of a more anti-authoritarian public sphere. knightcolumbia.org/blog/the-ant...
knightcolumbia.org
The Anti-Authoritarian First Amendment and Its Limits
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Jamal Greene @jamalgreene.bsky.social · 23/02/2026
Lifting up a rich history of dissent from orthodoxy and perseverance in the face of oppression is a deep form of patriotism. Broadcasters should respond accordingly.
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Evelyn Douek @evelyndouek.bsky.social · 23/02/2026
Oh yeah, what a great way to commemorate -- nothing more American than the government telling you what to broadcast www.npr.org/2026/02/21/n...
npr.org
FCC calls for more 'patriotic, pro-America' programming in run-up to 250th anniversary
The "Pledge America Campaign" urges broadcasters to focus on programming that highlights "the historic accomplishments of this great nation from our founding through the Trump Administration today."
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Genevieve Lakier @genevievelakier.bsky.social · 19/02/2026
I will be testifying at this panel also, along with @beidelson.bsky.social and Eugene Volokh. it should be interesting bc panelists are very far apart: Did the fed gov do too little to repress antisemitic student speech on campus after Oct 2023? or did it instead flagrantly violate 1A rights?
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Leah Litman @leahlitman.bsky.social · 17/02/2026
I reviewed Prof. Genevieve Lakier @genevievelakier.bsky.social's forthcoming Chicago Law Rev @uchilrev.bsky.social article on Jawboning for Jotwell! @jotwell.bsky.social Check out my review: conlaw.jotwell.com/throwing-the... - and, more importantly! - her article: papers.ssrn.com/sol3/papers....
conlaw.jotwell.com
Throwing the Supreme Court/Free Speech A Bone - Constitutional Law
Genevieve Lakier, Enforcing the First Amendment in an Era of Jawboning, __ Univ. Chi. L. Rev. __ (forthcoming, 2026), available at SSRN (Mar. 01, 2025).Leah LitmanToo often, our “free speech culture” ...
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Evelyn Douek @evelyndouek.bsky.social · 14/02/2026
surprising amount of chilling of dissent in this new era of tech companies and the government collaborating to stand up for free speech etc
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Jameel Jaffer @jameeljaffer.bsky.social · 11/02/2026
I wrote about Trump’s ideological deportation policies and their implications for free speech, including on university campuses. www.lrb.co.uk/the-paper/v4...
lrb.co.uk
Jameel Jaffer · Thought Control
Ideological exclusion at the border seems anachronistic now, when all human knowledge is accessible online, video-...
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Evelyn Douek @evelyndouek.bsky.social · 11/02/2026
The Oversight Board should absolutely not be a model for AI governance. Incredible it's still earning the company legitimacy dividends 70 pages on why here (& it has only gotten worse since I wrote this): papers.ssrn.com/sol3/papers.... www.nytimes.com/2026/02/11/o...
Screen shot of a quote from an op-ed: "Meta is bound to follow content moderation rulings issued by its Oversight Board, an independent body of outside experts (though its efficacy has been criticized)."
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Evelyn Douek @evelyndouek.bsky.social · 04/02/2026
Extraordinary amount of time, energy and resources being devoted to chilling any and all dissent
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Evelyn Douek @evelyndouek.bsky.social · 28/01/2026
Mark Zuckerberg's Return to his Roots around Free Expression continues www.wired.com/story/meta-i...
wired.com
Meta Is Blocking Links to ICE List on Facebook, Instagram, and Threads
Users of Meta’s social platforms can no longer share links to ICE List, a website listing what it claims are the names of thousands of DHS employees.
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Jameel Jaffer @jameeljaffer.bsky.social · 26/01/2026
This is a great paper. SCOTUS was not just wrong to uphold the TikTok ban but deeply, consequentially, historically wrong. Holmes and Brandeis are turning in their graves.
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Evelyn Douek @evelyndouek.bsky.social · 26/01/2026
Apropos of the TikTok news last week, I have a piece coming out abt how the Supreme Court's decision to uphold the ban-or-sale law belongs in the First Amendment anticanon. It's not just wrong, but so wrong we should hold it up as an exceptional symbol of wrongness. papers.ssrn.com/sol3/papers....
papers.ssrn.com
TikTok v. Garland and the First Amendment Anticanon
<p><span>This essay argues that last term’s decision in <i>TikTok v. Garland</i>, which unanimously upheld the federal law that sought to ban TikTok in the Unit
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Evelyn Douek @evelyndouek.bsky.social · 26/01/2026
Struck by how it is true both that the First Amendment is under perhaps unprecedented attack, while also being more invaluable than ever.
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Evelyn Douek @evelyndouek.bsky.social · 23/01/2026
TikTok coverage seems to have become somewhat numb to this, but worth remembering that the President simply refusing to enforce a *crystal-clear* law of Congress for over a year to instead broker a deal on his own terms, & Congress just shrugging, is very much not how this was supposed to work
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Evelyn Douek @evelyndouek.bsky.social · 23/01/2026
SCOTUS enabled this. The First Amendment was intended to prevent this outcome by heading off its beginning. Its decision upholding the TikTok ban looks worse today than ever www.theguardian.com/commentisfre...
theguardian.com
The US supreme court’s TikTok ruling is a scandal | Evelyn Douek and Jameel Jaffer
The decision means TikTok now operates under the threat that it could be forced offline with a stroke of Trump’s pen
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Evelyn Douek @evelyndouek.bsky.social · 23/01/2026
Almost as if allowing the government to broker the terms for the continued operation of a major communications platform is a bad idea and a democratic threat and something there should be a constitutional bar against www.nytimes.com/2026/01/22/t...
nytimes.com
TikTok Strikes Deal for New U.S. Entity, Ending Long Legal Saga
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Jameel Jaffer @jameeljaffer.bsky.social · 23/01/2026
“The effect of the court’s ruling has been to give our own government enormous power over the policies of a platform used by millions of Americans every day – a result that is an affront to the first amendment and a national security risk in its own right” www.theguardian.com/commentisfre...
theguardian.com
The US supreme court’s TikTok ruling is a scandal | Evelyn Douek and Jameel Jaffer
The decision means TikTok now operates under the threat that it could be forced offline with a stroke of Trump’s pen
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Jameel Jaffer @jameeljaffer.bsky.social · 15/01/2026
The import of this ruling: Foreign citizens in the United States—including green card holders—can be arrested for political speech and imprisoned for months or even years before being given a meaningful opportunity to challenge the constitutionality of their arrest and imprisonment.
nytimes.com
Appeals Court Opens the Door to Mahmoud Khalil’s Rearrest
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Evelyn Douek @evelyndouek.bsky.social · 19/12/2025
SCOTUS maybe can't be blamed for not predicting exactly this, but the First Amendment was intended to prevent this outcome by heading off its beginning. Its decision upholding the TikTok ban looks worse today than ever -- as @jameeljaffer.bsky.social & I wrote: www.theguardian.com/commentisfre...
theguardian.com
The US supreme court’s TikTok ruling is a scandal | Evelyn Douek and Jameel Jaffer
The decision means TikTok now operates under the threat that it could be forced offline with a stroke of Trump’s pen
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Jameel Jaffer @jameeljaffer.bsky.social · 18/12/2025
"The embarrassing, scandalous coda to the Supreme Court's TikTok ruling"--from @evelyndouek.bsky.social and me in @us.theguardian.com. www.theguardian.com/commentisfre...
theguardian.com
The US supreme court’s TikTok ruling is a scandal | Evelyn Douek and Jameel Jaffer
The decision means TikTok now operates under the threat that it could be forced offline with a stroke of Trump’s pen
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Jameel Jaffer @jameeljaffer.bsky.social · 16/12/2025
The Supreme Court's TikTok decision was wrong, and developments since its issuance have only underscored how wrong it was. From @evelyndouek.bsky.social & me in @us.theguardian.com. www.theguardian.com/commentisfre...
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