Some thoughts on Mahmoud v. Taylor, where parents are seeking to exempt their kids from elements of the public school curriculum that teach acceptance of LGBTQ people. (This interview was conducted before yesterday's oral argument.) time.com/7279370/mahm...
Thanks to Adam Liptak for mentioning First Amendment Inversion static.nytimes.com/email-conten... @texaslawreview @adamliptak.bsky.social
Nelson Tebbe
Tebbe on First Amendment Inversion
Nelson Tebbe (Cornell Law School) has posted First Amendment Inversion (Texas Law Review, Vol. 104:509) on SSRN. Here is the abstract: First Amendment politics have inverted in key areas of speech law. Positions previously associated with legal conservatism have…
University of Michigan: On Friday, come participate in a day-long conference discussing/criticizing my new book *The Oldest Constitutional Question: Enumeration and Federal Power.*
With Profs. Jack Balkin (Yale), Maggie Blackhawk (NYU), Sam Erman (Michigan), Jonathan Gienapp (Stanford)…
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An ill wind. My clinic, working with my colleague @nelsontebbe.bsky.social and Prof. Sager at UT-Austin Law, has filed multiple amicus briefs supporting CO in the Tenth Circuit in this case and a related case.
www.nytimes.com/2026/04/20/u...
My friend & colleague @nelsontebbe.bsky.social has an Article on "First Amendment Inversion," just recently published by the Texas Law Review. It documents a fascinating and important shift in how different political groups have conceptualized free speech: texaslawreview.org/first-amendm...
There’s about to be lots of doctrinal analysis of the Fifth Circuit’s 10 Commandments case. But the outcome was easily predictable, for reasons that @richschragger.bsky.social and @nelsontebbe.bsky.social laid out in our paper on Reestablishing Religion: lawreview.uchicago.edu/print-archiv....
Lawrence Solum
Also exceedingly rare for a court to cite Schragger, Schwartzman, and Tebbe, but lo and behold.
The Supreme Court had three religious freedom cases last Term. With @richschragger.bsky.social and @nelsontebbe.bsky.social, our latest comments on them, extending our analysis of religious preferentialism under the First Amendment.
harvardlawreview.org/print/vol-13...
