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Keith E. Whittington

@kewhittington.bsky.social
11K followers 127 following 440 posts

David Boies Professor of Law, Yale Law School. Founding Chair, Academic Freedom Alliance; Visiting Fellow, Hoover Institution. All opinions are mine alone. Personal website at keithewhittington.com

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Keith E. Whittington @kewhittington.bsky.social · 26/07/2026
What fresh hell is this? (The “primary text” by me does not exist)
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Keith E. Whittington @kewhittington.bsky.social · 21/07/2026
New episode of the Academic Freedom Podcast. Conversation w/ lead attorney in the Stop WOKE Act case recently decided by the 11th circuit. one of the most important academic freedom cases in recent years www.podbean.com/ew/pb-icchs-...
podbean.com
On the Pernell Decision: Stopping the Stop WOKE Act
Keith Whittington is joined by Greg Greubel, a senior attorney at the Foundation for Individual Rights and Expression (FIRE) and one of the lead attorneys who argued the case against Florida’s Stop W....
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Keith E. Whittington @kewhittington.bsky.social · 18/07/2026
Big sale on both the hardback and the kindle versions of The Impeachment Power. Seems like something one might want www.amazon.com/Impeachment-...
amazon.com
The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool
The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool
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Keith E. Whittington @kewhittington.bsky.social · 07/07/2026
After a long wait, circuit court rejects Florida’s defense of barring profs at public universities from espousing disfavored ideas in the classroom 1/
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Keith E. Whittington @kewhittington.bsky.social · 30/06/2026
i confess to being quite wrong about how badly Trump would lose the birthright case. The administration got far more votes than I would have expected.
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Keith E. Whittington @kewhittington.bsky.social · 17/06/2026
Not doing much social media these days, but will note that I have a new paper with @btkeener.bsky.social posted on SSRN on birthright citizenship. Can be found at papers.ssrn.com/sol3/papers.... 1/
papers.ssrn.com
Demystifying Birthright Citizenship
<div> Executive Order 14160 and the litigation it generated in Trump v. Barbara have thrust birthright citizenship back to the center of American constitutiona
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Keith E. Whittington @kewhittington.bsky.social · 03/06/2026
As noted in this Volokh Conspiracy post, I have two new articles now out reason.com/volokh/2026/...
reason.com
More on Birthright Citizenship and Intellectual Diversity Mandates
Two new articles now available. One on the conventional legal meaning of "subject to the jurisdiction" in nineteenth century legal discourse. The other on Indiana's intellectual diversity mandate for ...
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Keith E. Whittington @kewhittington.bsky.social · 19/04/2026
open.substack.com/pub/bradwend.... Worth a read
open.substack.com
Some Thoughts on John Eastman’s Disbarment
After a long series of proceedings, including a trial and appeal to the California Supreme Court, John Eastman was disbarred. We don’t yet have a formal opinion affirming the recommendation of the Cal...
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Keith E. Whittington @kewhittington.bsky.social · 08/04/2026
Lost opportunity to put "falsely shouting" right there in the headline www.hollywoodreporter.com/movies/movie...
hollywoodreporter.com
Three Arrested After Yelling “Gun” in Crowded Movie Theater for Social Media Prank
The movie theater prank saw three young men cause "a false disturbance to generate a reaction they could film," according to Durham Regional Police of an incident at a Landmark Cinemas theater in Whit...
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Keith E. Whittington @kewhittington.bsky.social · 08/04/2026
Ok, yes. I added a new slide for my con law class tomorrow on commander in chief authority over the conduct of war
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Keith E. Whittington @kewhittington.bsky.social · 06/04/2026
Available instantly on kindle, in case you’re in a hurry The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool a.co/d/0gWO8Rie
a.co
The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool
The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool - Kindle edition by Whittington, Keith E.. Download it once and read it on your Kindle device, PC, phones or tablets. Use features like bookmarks, note taking and highlighting while reading The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool.
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Keith E. Whittington @kewhittington.bsky.social · 01/04/2026
Sauer is often dealt a poor hand by his boss, but he's a pretty impressive advocate
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Keith E. Whittington @kewhittington.bsky.social · 01/04/2026
If TV courtroom dramas have taught me anything, it is that people can jump up from their seats in the gallery and interject whenever they want. Which could be fun.
media.tenor.com
a cartoon of a judge sitting at a table saying " i 'll allow it "
ALT: a cartoon of a judge sitting at a table saying " i 'll allow it "
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Keith E. Whittington @kewhittington.bsky.social · 01/04/2026
Post below has description and link to new draft paper on the original meaning of "subject to the jurisdiction" as language was used in American legal discourse in the mid-nineteenth century. All evidence of pre-14th Amendment usage is clear and consistent with the conventional reading
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Keith E. Whittington @kewhittington.bsky.social · 31/03/2026
I have created a new personal website with information about my public commentary, scholarship, and teaching, as well as useful data and materials relating to American constitutional, political, and intellectual history. It can be found at keithewhittington.com/index.html
keithewhittington.com
Keith E. Whittington | Scholar & Author
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Keith E. Whittington @kewhittington.bsky.social · 28/03/2026
Ah, that one weird trick
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Reposted by Keith E. Whittington
Volokh Conspiracy @volokhc.bsky.social · 25/03/2026
dlvr.it
[Keith E. Whittington] On Scholarly Engagement
Some thoughts on a Balkinization post on the birthright citizenship debate
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Keith E. Whittington @kewhittington.bsky.social · 10/03/2026
Thus has it always been, and thus shall it ever be
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Keith E. Whittington @kewhittington.bsky.social · 04/03/2026
Red state politicians working hard to kill their institutions of higher education www.oudaily.com/news/oklahom...
oudaily.com
Oklahoma legislature advances bill that would remove tenure at OU, public universities
The Oklahoma legislature advanced a bill Tuesday that would remove the possibility of tenure for OU faculty, limit contract agreements to five years and require each state institute for higher
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Keith E. Whittington @kewhittington.bsky.social · 02/03/2026
Looking forward to hosting this event at the Center for Academic Freedom and Free Speech at Yale law.yale.edu/yls-today/ya...
law.yale.edu
Symposium on Free Speech Rights of Noncitizens
The Center for Academic Freedom and Free Speech invites you to a Symposium on the Free Speech Rights of Noncitizens.
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Keith E. Whittington @kewhittington.bsky.social · 02/03/2026
My latest on birthright citizenship in The Dispatch @thedispatchmedia.bsky.social thedispatch.com/article/birt...
thedispatch.com
The Historic Case for Birthright Citizenship
The Trump administration’s efforts to narrow the scope of the 14th Amendment are based on revisionist history.
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Keith E. Whittington @kewhittington.bsky.social · 01/03/2026
Sometimes it seems like certain individuals do not even bother reading the stuff they are criticizing, let alone accurately describe it or investigate the basis of its claims
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Reposted by Keith E. Whittington
Anthony Michael Kreis @anthonymkreis.bsky.social · 27/02/2026
Two amicus briefs I enjoyed reading in support of birthright citizenship at the Supreme Court: @kewhittington.bsky.social’s: www.supremecourt.gov/DocketPDF/25... @evanbernick.bsky.social and @jedshug.bsky.social’s: www.supremecourt.gov/DocketPDF/25... I highly recommend them if y’all have time.
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Reposted by Keith E. Whittington
Anisa Khalifa @anisa.bsky.social · 26/02/2026
this week on The Broadside from @wunc.org, the battle for academic freedom, and what it might mean for higher ed in North Carolina—and across the country. featuring reporting from WUNC News’ @batkinson2501.bsky.social & analysis from legal scholar Keith Whittington www.wunc.org/podcast/the-...
wunc.org
The academic freedom fight has entered the classroom
From public syllabi to surveillance, universities across the country are embracing unprecedented policies that professors say are undermining their academic freedom.
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Reposted by Keith E. Whittington
The Dispatch @thedispatchmedia.bsky.social · 24/02/2026
"Trump can have his rallies. There is no obligation for anyone to attend one." | Keith E. Whittington thedispatch.com/article/state-of-th…
thedispatch.com
Why Bother With the State of the Union?
The address has devolved from its intended purpose into a political pep rally.
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Keith E. Whittington @kewhittington.bsky.social · 24/02/2026
New from me. The justices should stay home. thedispatch.com/article/stat...
thedispatch.com
Why Bother With the State of the Union?
The address has devolved from its intended purpose into a political pep rally.
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Keith E. Whittington @kewhittington.bsky.social · 23/02/2026
Intro state university courses now treated like k-12 classes, complete with state issued textbook and instructor's manual www.insidehighered.com/news/faculty...
insidehighered.com
Florida Hands Down Sociology Curriculum to State Colleges
The sociology curriculum is likely just the state’s first foray into course development; the Florida Department of Education is already working on a similar framework for American history classes.
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Keith E. Whittington @kewhittington.bsky.social · 19/02/2026
In case you missed it, webinar from the Federalist Society w/ Ilan Wurman and me on meaning of birthright citizenship rule www.youtube.com/live/PS0F_PN...
youtube.com
[LIVE] Birthright Citizenship in Context: Law, History, and Contemporary Debate
YouTube video by The Federalist Society
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Keith E. Whittington @kewhittington.bsky.social · 11/02/2026
My paper on the original meaning of birthright citizenship is now published
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Keith E. Whittington @kewhittington.bsky.social · 15/01/2026
Honored to be delivering the Barrett Lecture today at @ucdavislaw.bsky.social on whether the president has a constitutional power to refuse to spend congressional appropriations (a constitutionally based impoundment power)
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Reposted by Keith E. Whittington
Volokh Conspiracy @volokhc.bsky.social · 07/01/2026
dlvr.it
[Keith E. Whittington] Texas A&M Removes Plato from Introductory Philosophy Class
New "gender ideology" rule has predictable results
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Keith E. Whittington @kewhittington.bsky.social · 07/01/2026
“You got to win the midterms, because if we don’t win the midterms... I’ll get impeached.” Get ready www.amazon.com/Impeachment-...
amazon.com
The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool
The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool [Whittington, Keith E.] on Amazon.com. *FREE* shipping on qualifying offers. The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool
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Keith E. Whittington @kewhittington.bsky.social · 07/01/2026
Texas schools just continually beclowning themselves to satisfy the politicians
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Keith E. Whittington @kewhittington.bsky.social · 03/01/2026
From @jacklgoldsmith.bsky.social Subtitle about sums it up: Executive branch precedents can be garnered to support the action—which does not, of course, mean that it is lawful. www.execfunctions.org/p/on-the-leg...
execfunctions.org
On the Legality of the Venezuela Invasion
Executive branch precedents can be garnered to support the action—which does not, of course, mean that it is lawful.
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Keith E. Whittington @kewhittington.bsky.social · 03/01/2026
Have we moved on from rugged individualism discourse, because I've got a plug
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Keith E. Whittington @kewhittington.bsky.social · 03/01/2026
Had to be done eventually. New syllabus for new class. Advanced Constitutional Law: Federalism and Separation of Powers
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Keith E. Whittington @kewhittington.bsky.social · 03/01/2026
Is the congressional power to authorize war part of the “Constitution in exile”? Maybe so, but I’m going to teach it anyway
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Keith E. Whittington @kewhittington.bsky.social · 15/12/2025
Latest episode of the Academic Freedom Podcast featuring @genevievelakier.bsky.social discussing the Trump administration's Compact & approach to higher education reform now available at www.podbean.com/ew/pb-qq7fw-...
podbean.com
On the Trump Administration's Higher Education Compact
Keith Whittington is joined by Genevieve Lakier, professor of law and Herbert and Marjorie Fried Teaching Scholar at the University of Chicago. They discuss the Trump Administration's approach to high...
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Keith E. Whittington @kewhittington.bsky.social · 09/12/2025
Some reading given the Court’s docket papers.ssrn.com/sol3/papers....
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Keith E. Whittington @kewhittington.bsky.social · 10/11/2025
Published back in March but perhaps of renewed interest Judicial Impeachments Should Be a Last Resort thedispatch.com/article/trum...
thedispatch.com
Judicial Impeachments Should Be a Last Resort
Trump’s push to remove judges who rule against him undermines the rule of law.
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Keith E. Whittington @kewhittington.bsky.social · 10/11/2025
Proposed revision of Texas A&M system policy 08.01 poses significant risks to academic freedom, back to early 20th century fights over presidents vetoing course materials that offend political sensibilities
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Keith E. Whittington @kewhittington.bsky.social · 23/10/2025
70% off paperback until end of October Speak Freely | Princeton University Press press.princeton.edu/books/paperb...
press.princeton.edu
Speak Freely
Why colleges and universities live or die by free speech
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Keith E. Whittington @kewhittington.bsky.social · 21/10/2025
This holds up www.lawfaremedia.org/article/time...
lawfaremedia.org
Time to Amend the Presidential Pardon Power
President Trump is hardly alone in issuing dubious pardons and grants of clemency. It’s time to talk about a constitutional amendment to limit the pardon power.
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Keith E. Whittington @kewhittington.bsky.social · 17/10/2025
Do you or your students want to think through the complexities of academic freedom and government speech at public universities? I have something for you www.amazon.com/You-Cant-Tea...
amazon.com
You Can't Teach That!: The Battle over University Classrooms
Amazon.com: You Can't Teach That!: The Battle over University Classrooms: 9781509564538: Whittington, Keith E.: Books
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Keith E. Whittington @kewhittington.bsky.social · 16/10/2025
The next national faculty FedSoc annual conference will be electric, as the kids say these days
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Keith E. Whittington @kewhittington.bsky.social · 16/10/2025
Two new items from me today on the Trump administration's new Compact for Academic Excellence in Higher Education www.washingtonexaminer.com/wp-content/u...
washingtonexaminer.com
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Keith E. Whittington @kewhittington.bsky.social · 10/10/2025
New article now available
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Keith E. Whittington @kewhittington.bsky.social · 02/10/2025
For some reason the Trump cert petition did not cite my piece, but figure it might become relevant papers.ssrn.com/sol3/papers....
papers.ssrn.com
By Birth Alone: The Original Meaning of Birthright Citizenship and Subject to the Jurisdiction of the United States
The citizenship clause of the Fourteenth Amendment entrenched birthright citizenship into the Constitution. Building on a recent revisionist scholarly literatur
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Keith E. Whittington @kewhittington.bsky.social · 02/10/2025
Yet another no good, very bad day for the Constitution www.nytimes.com/2025/10/02/u...
nytimes.com
Trump ‘Determined’ the U.S. Is Now in a War With Drug Cartels, Congress Is Told
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Keith E. Whittington @kewhittington.bsky.social · 02/10/2025
My conversation w/ @jacklgoldsmith.bsky.social on whether Trump is a reconstructive president and what that means open.substack.com/pub/executiv...
open.substack.com
Is Donald Trump a Reconstructive President?
When presidents push back against the courts
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