Evelyn Douek

@evelyndouek.bsky.social

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

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.

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.

article19.org

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 :

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…

thehill.com

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...

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.

aclunorcal.org

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!

Evelyn Douek@evelyndouek.bsky.social · 3mo ago

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/...

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....

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

papers.ssrn.com

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

“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...

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.

bostonglobe.com

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...

Professional Speech, the Lochnerized First Amendment, and the Unauthorized Practice of Law (Chapter 14) - Rethinking the Lawyers' Monopoly

Rethinking the Lawyers' Monopoly - September 2025

cambridge.org

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...

Knight First Amendment Institute@knightcolumbia.org · 7mo ago

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...

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?

MMichael C. Dorf@dorfonlaw.bsky.social · 7mo ago

🧵Tomorrow at 10:15 am, I will be one of the panelists testifying for the U.S. Civil Rights Commission's briefing on Antisemitism on America's College and University Campuses: Current Conditions and the Federal Response. Here's an overall description. 👇