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Keith E. Whittington

@kewhittington.bsky.social

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 https://keithewhittington.com/

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Keith E. Whittington@kewhittington.bsky.social · 2w ago

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-...

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....

podbean.com

Keith E. Whittington@kewhittington.bsky.social · 4w ago

After a long wait, circuit court rejects Florida’s defense of barring profs at public universities from espousing disfavored ideas in the classroom 1/

Chris Geidner@chrisgeidner.bsky.social · 4w ago

BREAKING: Eleventh Circuit, on a 2-1 vote, upholds injunction blocking Florida from enforcing its 2022 Stop WOKE Act in the university context. The majority opinion is from Judge Britt Grant, a Trump appointee: storage.courtlistener.com/recap/gov.us...

Before GRANT, LAGOA, and WILSON, Circuit Judges. GRANT, Circuit Judge: "Congress shall make no law ... abridging the freedom of speech." U.S. Const. amend I. The First Amendment, incorporated against the States in 1868, is this country's written commitment to the idea that freedom of speech is essential to freedom of thought, and that both are essential to maintaining our liberty. The Supreme Court has long been clear that teaching and scholarship are due some measure of protection under the Amendment. But how much? And in what contexts? That Court has not had to say, but this one is now put to the test. The State of Florida legislated a broad set of speech restrictions banning certain viewpoints relating to race, color, sex, and national origin in various settings. The provision at issue here bars Florida's educators from promoting or endorsing those distavored ideas when instructing students. Its prohibition applies not only in primary and secondary education, where states traditionally exercise a great deal of control, but also in public colleges and universities, where the state government's role has been far more limited. When several groups of professors challenged Florida's new restrictions, the State cast about for an existing case or doctrine that could support its speech ban in the university setting. Finding none, it tried to marry public-employee speech cases with government speech doctrine, resulting in a new rule: if the
Keith E. Whittington@kewhittington.bsky.social · 4mo ago

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

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 · 4mo ago

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.

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 "

media.tenor.com

Meg Kinnard@megkinnardap.bsky.social · 4mo ago

WASHINGTON (AP) — Trump to attend Wednesday Supreme Court hearing on birthright citizenship in unprecedented move for a sitting president.

Anisa Khalifa@anisa.bsky.social · 5mo ago

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-...

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.

wunc.org