Sign in

Genevieve Lakier

@genevievelakier.bsky.social
13K followers 527 following 396 posts

Law professor at UChicago Law. Thinks a lot about freedom of speech. Curious about this platform.

PostsRepliesMedia
Genevieve Lakier @genevievelakier.bsky.social · 28/09/2026
Important thread on one of the most contentious issues in contemporary antidiscrimination law.
073
Genevieve Lakier @genevievelakier.bsky.social · 23/09/2026
The NYT has reprinted the gov brief in the press ban case and it is revealing. It makes clear that the admin's central arg for why Trump could kick CNN etc. out of the WH is that access to the WH is not a right but a privilege🧵 www.nytimes.com/interactive/...
nytimes.com
Read the White House Response to the Lawsuit From CNN, MS NOW and Politico
The Trump administration has defended its ban on the three media outlets in a court filing.
97141
Reposted by Genevieve Lakier
Heidi Kitrosser @heidikitrosser.bsky.social · 13/07/2026
Today is the deadline to submit comments, and you can do so here: www.regulations.gov/document/OMB... I'm currently drafting a quick comment explaining that the rule's viewpoint-based criteria run afoul of existing First Amendment law.
052
Genevieve Lakier @genevievelakier.bsky.social · 02/07/2026
I don’t have strong views on the outcome in NRSC v FEC. If it ends up limiting the power of super PACs that could be a good thing. But we should not ignore the insane theory of democracy at its heart and at the heart of all the campaign finance cases since Citizens United (at least) ....
2134
Genevieve Lakier @genevievelakier.bsky.social · 27/06/2026
I love this post from @jamalgreene.bsky.social. I think he is completely correct about what needs to be done to fix Title IX and IX, though I despair about Congress's ability to do it anytime soon. Highly recommended! knightcolumbia.org/blog/weakeni...
knightcolumbia.org
Weakening Government Coercion by Strengthening Government Regulation
041
Reposted by Genevieve Lakier
Heidi Kitrosser @heidikitrosser.bsky.social · 26/06/2026
Very pleased to have co-written & signed this Comment on behalf of a group of 1st Amendment scholars in response to OPM's profoundly terrible & unconstitutional proposal to impose a government-wide NDA on fed. govt employees. (Below I thread a few excerpts + the other co-authors & co-editors)
dropbox.com
47337
Reposted by Genevieve Lakier
LPE Blog @lpeblog.bsky.social · 22/06/2026
Today, Amy Kapczynski (@akapczynski.bsky.social) takes on two ideas that have been making the rounds in law and economics circles: that LPE is anti-empirical, and that contemporary L&E has shed its earlier normative commitments. A must-read for anyone following the L&E vs. LPE debate🔥
lpeproject.org
Two Dogmas of LPE Critics
Is LPE scholarship anti-empirical? Has contemporary law and economics become a neutral social science? Don't believe everything you hear in Chicago.
11612
Reposted by Genevieve Lakier
Jameel Jaffer @jameeljaffer.bsky.social · 11/06/2026
Great piece from @dorfonlaw.bsky.social about how to limit the executive branch’s influence over universities. New in @knightcolumbia.org’s series on “Reconstructing Free Expression” knightcolumbia.org/blog/a-nongo...
knightcolumbia.org
A Nongovernmental Disbursement Structure to Fund Research
02511
Reposted by Genevieve Lakier
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
14226
Reposted by Genevieve Lakier
Hannah Walser @hkpmw.bsky.social · 10/06/2026
I am *very* excited about this paper! And especially glad to see someone tackling Justice Alito’s baffling claim in Matal v. Tam that “giving offense is a viewpoint”
171
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
14226
Genevieve Lakier @genevievelakier.bsky.social · 08/06/2026
Highly recommended! An excellent and incisive takedown of one of the worst Supreme Court 1A decisions in recent memory....
151
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...
04217
Genevieve Lakier @genevievelakier.bsky.social · 14/05/2026
My thoughts on the principles that should guide structural reform of our free speech system in a post-Trump era (🤞), for @knightcolumbia.org's Reconstructing Free Expression project
032
Genevieve Lakier @genevievelakier.bsky.social · 06/05/2026
This was a very interesting convo with @kimlanelaw.bsky.social on @knightcolumbia.org 's new podcast about the challenges of being a lawyer when law is being used for authoritarian ends, and what lawyers and law SCHOOLS should be doing about it. Recommended! podcasts.apple.com/us/podcast/w...
podcasts.apple.com
What Does Legal Authoritarianism Look Like?
Podcast Episode · Lawyering Without Law · May 1 · 39m
0108
Genevieve Lakier @genevievelakier.bsky.social · 04/05/2026
www.qasimrashid.com/p/universiti... An important reminder of how much of hte repression of speech in US higher ed is a product of cowardly administrators, not just interfering politicians. Do we value free speech or not?
qasimrashid.com
Universities Are Enabling America's Press Freedom Collapse
Professor Derek Peterson said nothing wrong. That’s exactly why the University of Michigan punished him
071
Genevieve Lakier @genevievelakier.bsky.social · 21/04/2026
This is not consistent with First Amendment law. At all!! Strong 1A protections apply when lawyers engage in public discourse. (Even when they don't, see Chiles v Salazar!)
714532
Genevieve Lakier @genevievelakier.bsky.social · 23/03/2026
This was a great, funny if also as always depressing segment, featuring the amazing work from the @uchicagolaw.bsky.social Federal Criminal Justice Clinic. Thumbs up and five stars.
030
Genevieve Lakier @genevievelakier.bsky.social · 13/03/2026
This is a heartbreaking story of the transformation of civil rights law as we know it. Sarah Koenig asks in the podcast how, if the law didn’t change, the enforcement of federal civil rights law can have changed so dramatically over the past year 🧵 www.nytimes.com/2026/03/13/p...
nytimes.com
The Case of Kristie Metcalfe
14612
Genevieve Lakier @genevievelakier.bsky.social · 09/03/2026
Last week, the 2nd Circuit upheld NY’ s ban on the provision of legal advice by non-lawyers, even to people who have no ability to pay for a lawyer and reversed the lower court decision that held the 1A granted the right to provide advice in these circs. 🧵 storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
Memorandum & Opinion – #136 in Upsolve, Inc. v. James (S.D.N.Y., 1:22-cv-00627) – CourtListener.com
MEMORANDUM OPINION GRANTING MOTION TO DISMISS AND ORDER: For the foregoing reasons, the defendant's motion to dismiss with prejudice (Dkt. 121) is granted. Plaintiffs' motion to reinstate the prelimin...
174
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...
02615
Reposted by Genevieve Lakier
Sameer Ashar @sameer-ashar.bsky.social · 23/02/2026
Essential thinking on “institutional authoritarianism” @genevievelakier.bsky.social
023
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?
25320
Genevieve Lakier @genevievelakier.bsky.social · 17/02/2026
Speaking of jawboning, this is a very effective example of the art. Or at least, it was until Stephen Colbert refused to play along. But impt to note: Brendan Carr has NO POWER to abolish an exemption that Congress wrote into the equal time rules. He is bluffing here. www.nytimes.com/2026/02/17/a...
nytimes.com
Colbert Doesn’t Give an FCC About Calling Out CBS
419951
Genevieve Lakier @genevievelakier.bsky.social · 17/02/2026
I appreciate this thoughtful review by @leahlitman.bsky.social of my article on the 1A law of jawboning. Jawboning is the dominant mode of speech reg of the Trump admin. So it is impt to understand the signif (if underenforced) constraints the 1A imposes.... conlaw.jotwell.com/throwing-the...
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” ...
06118
Reposted by Genevieve Lakier
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” ...
0307
Genevieve Lakier @genevievelakier.bsky.social · 11/02/2026
Every crisis is an opportunity, which means the time is NOW to figure out how to reform our system of free expression to enable it to better resist authoritarian repression of the kind all around us. Very grateful that @knightcolumbia.org is jumpstarting this impt convo about how to do just that.
062
Genevieve Lakier @genevievelakier.bsky.social · 11/02/2026
"Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us .... The First Amendment... does not tolerate laws that cast a pall of orthodoxy over the classroom." Keyishian v. NY (1967). www.columbiaspectator.com/news/2026/02...
columbiaspectator.com
Following federal scrutiny, Columbia review committee moves to reshape Middle Eastern studies, increasing focus on Israel
Ten months ago, Columbia announced it would conduct a “thorough review” of the University’s approach to Middle Eastern studies to ensure “balanced” curricula across departments. Already feeling the ef...
030
Reposted by Genevieve Lakier
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
24822
Reposted by Genevieve Lakier
Governor JB Pritzker @govpritzker.illinois.gov · 24/01/2026
It's time to abolish Trump’s ICE.
61888102162
Genevieve Lakier @genevievelakier.bsky.social · 16/12/2025
Excellent op-ed by @evelyndouek.bsky.social and @jameeljaffer.bsky.social about one of the very worst First Amendment decisions by the Court in recent years, and its terrible contemporary implications
021
Reposted by Genevieve Lakier
LPE Blog @lpeblog.bsky.social · 12/12/2025
On the hit podcast Supreme Betrayal, @genevievelakier.bsky.social, @marktushnet.bsky.social, and Louis Michael Seidman discuss whether we need the courts to protect free speech.
podcasts.apple.com
A Conversation with Genevieve Lakier
Podcast Episode · Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America · 12/05/2025 · 58m
162
Genevieve Lakier @genevievelakier.bsky.social · 09/12/2025
Listening to the SCOTUS arguments in the latest free speech challenge to campaign finance, NRSC v FEC, I am struck by the fact that the 1A is both a primary cause of the political hellscape in which we find ourselves AND one of the most powerful defenses against it www.scotusblog.com/cases/case-f...
scotusblog.com
National Republican Senatorial Committee v. Federal Election Commission (Campaign Finance)
1147
Reposted by Genevieve Lakier
Michael Smith @msmith750.bsky.social · 08/12/2025
I walked two miles to a lunch meeting only to get stood up, BUT I listened to this on the walk, so it's still a win.
1112
Genevieve Lakier @genevievelakier.bsky.social · 08/12/2025
I had a very lively discussion with Mike Seidman and @marktushnet.bsky.social about whether we need courts to protect free speech. It was a very generative convo, in part bc we disagreed so much but share I think political aims, generally. Check it out: podcasts.apple.com/us/podcast/s...
podcasts.apple.com
Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America
News Podcast · Sitting in their marble palace, dressed in their black robes, Supreme Court Justices would like us to believe that they are wise and disinterested oracles dispensing words of truth and ...
0106
Genevieve Lakier @genevievelakier.bsky.social · 18/11/2025
I wish there was federal damages available for 1A violations. Trump should have to pay $$$$$$ every time he tries to intimidate the press in this way.
0173
Reposted by Genevieve Lakier
Katy Glenn Bass @katygb.bsky.social · 13/11/2025
Monday 12:30 ET: The chilling effects of the Trump administration's policies (and jawboning) are widespread - how are they being challenged in court, and what is the state of 1A doctrine on chilling effects? An expert panel will discuss, including current cases AAUP v. Rubio and UAW v. State Dept:
0118
Genevieve Lakier @genevievelakier.bsky.social · 07/11/2025
Law Profs teaching First Amendment: I have put together a FREE, recently updated, and easy to use casebook for use in free speech classes. If you are interested in using such a casebook, send me an email or DM and I would be happy to share!
Image of the first page of the casebook
517071
Reposted by Genevieve Lakier
Daphne Keller @daphnek.bsky.social · 27/10/2025
This starts tomorrow! I will be moderating a little chat about jawboning with @genevievelakier.bsky.social and Derek Bambauer. How timely :)
1133
Reposted by Genevieve Lakier
Corinne Blalock @corinneblalock.bsky.social · 20/10/2025
An amazing tool for advocating on your own campuses against the Compact (so much gratitude to @genevievelakier.bsky.social, @veenadubal.bsky.social, and @aaup.org writing this incredibly incisive letter that we can all use) 👀 👀 👀
0125
Reposted by Genevieve Lakier
Jameel Jaffer @jameeljaffer.bsky.social · 15/10/2025
"The Department of Education’s proposed 'compact for higher education' is unconstitutional and should be unequivocally rejected by universities" -- new from Amanda Shanor & @serenamayeri.bsky.social at @knightcolumbia.org
knightcolumbia.org
A Brief Legal Analysis of the Department of Education’s Proposed Compact for Higher Education
03618
Reposted by Genevieve Lakier
Renee DiResta @noupside.bsky.social · 14/10/2025
Worth also reading @genevievelakier.bsky.social’s Substack post on the unconstitutionality (quaint notion!) of tying federal fund access to waiving First Amendment rights… blog.dividedargument.com/p/the-uncons...
blog.dividedargument.com
The Unconstitutional Conditions Doctrine and the Compact for Excellence
Members of the Trump administration love to say that federal funding is a privilege not a right and therefore something that can be granted or withheld based on changing administrative priorities.
17326
Reposted by Genevieve Lakier
LPE Blog @lpeblog.bsky.social · 10/10/2025
For insightful views on Trump’s Higher Ed Compact, check out: @fishkin.bsky.social at balkinization: balkin.blogspot.com/2025/10/the-... @genevievelakier.bsky.social at divided argument: blog.dividedargument.com/p/the-uncons... And @himself.bsky.social in the NYT: www.nytimes.com/2025/10/08/o...
251
Genevieve Lakier @genevievelakier.bsky.social · 07/10/2025
Excellent post by @evelyndouek.bsky.social about the most important doctrinal move made by the Court in the Rubio case: to take seriously the chilling of speech as a First A injury. It should not be hard to understand why recognizing this matters so much to all of us RIGHT NOW.
051
Reposted by Genevieve Lakier
Isaac Kamola @isaackamola.bsky.social · 07/10/2025
Great piece @insidehighered.com by Robert Post and Tom Ginsburg about the considerable threats posed by Trump's (extortion) "compact" with 9 universities. @aaup.org www.insidehighered.com/opinion/view...
insidehighered.com
A Compact for Control (opinion)
No self-respecting institution of higher education should accept the Trump administration’s unconstitutional terms, Robert Post and Tom Ginsburg write.
01815
Reposted by Genevieve Lakier
Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 07/10/2025
Hello! I am your friendly neighborhood First Amendment professor here to provide some background on Chiles v. Salazar, to be argued in Supreme Court this morning. At issue is whether Colorado can ban licensed therapists from inflicting the discredited practice of “conversion therapy” on minors
47623
Reposted by Genevieve Lakier
Veena Dubal @veenadubal.bsky.social · 05/10/2025
“The fact that so many of its provisions infringe on the protected 1st A rights of the universities…makes the Compact almost certainly unconstitutional.” Must read by @genevievelakier.bsky.social blog.dividedargument.com/p/the-uncons...
blog.dividedargument.com
The Unconstitutional Conditions Doctrine and the Compact for Excellence
Members of the Trump administration love to say that federal funding is a privilege not a right and therefore something that can be granted or withheld based on changing administrative priorities.
04013
Genevieve Lakier @genevievelakier.bsky.social · 05/10/2025
Excellent post--and in its own way remarkably hopeful about the unlikeliness of the Compact to succeed in its effort to control American higher education...
2257
Genevieve Lakier @genevievelakier.bsky.social · 03/10/2025
The Trump Administration’s “Compact of Excellence” for Universities is... far from excellent! Indeed, it’s unconstitutional. In this post, let me count the ways. blog.dividedargument.com/p/the-uncons...
blog.dividedargument.com
The Unconstitutional Conditions Doctrine and the Compact for Excellence
Members of the Trump administration love to say that federal funding is a privilege not a right and therefore something that can be granted or withheld based on changing administrative priorities.
5556227