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James Fallows Tierney

@jamesftierney

Associate dean for academic affairs and Associate professor at Chicago-Kent College of Law (Illinois Tech). I study financial markets regulation & law of capitalism. But this β‰  IIT. DSA Fund board 🌹🀝, Rstats, NLP, Phish dad, etc. Semper ubi sub ubi.

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Latest posts by James Fallows Tierney @jamesftierney

Fugazi/albini

Fugazi/albini

Well look at this: Fugazi is releasing the sessions they did with Steve Albini. The band junked the work and re-recorded what would become In on the Killtaker. Very curious to hear this artifact.

06.03.2026 15:37 πŸ‘ 9 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
Preview
a man in a suit and tie is smiling in front of a window with the word queen on it ALT: a man in a suit and tie is smiling in front of a window with the word queen on it

So I bought a wood chipper

06.03.2026 22:46 πŸ‘ 8 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
DEMOCRATIC BACKSLIDING AND THE LIMITS OF FIRST AMENDMENT LEGALISM
17 U.C. IRVINE L. REV. ___ (forthcoming)
Jacob M. Schriner-Briggs*

The second Trump administration has unleashed a wave of repressive activity targeting civil society’s most prominent institutions: news media, universities, law firms, and more. Political scientists have responded to these episodes with warnings of β€œdemocratic backsliding” while legal scholars invoke the same phenomena as proof that the freedom of speech is in β€œcrisis.” This Article begins by bridging these diagnoses, arguing that the United States’s crisis of free speech is best understood as but one important dimension of its ongoing crisis of democracy.

Given this understanding, the Article’s primary contribution is to assess whether the First Amendment, interpreted and implemented by courts, can secure free speech against an executive branch intent on suppressing it. While the First Amendment has supported important rulings against the administration, the Article’s basic conclusion is that reformers seeking to unwind the speech crisis must ultimately look beyond it. 

Though First Amendment doctrine can slow down an overtly censorious government, it suffers from major blind spots the second Trump administration has routinely exploited. Moreover, even when litigants are able to press First Amendment claims, the administration has engaged in β€œlegalistic noncompliance,” strategies that frustrate lower court proceedings and which have frequently been countenanced by the Roberts Court. 

The legalism of doctrine and courts can serve speech-protective functions. Yet the crisis at hand, itself downstream from an anti-democratic politics, must be met with responses forged through democratic processes and implemented by democratic institutions. The best long-term hopes for free speech, in other words, lie more in democratic politics than constitutional law.

DEMOCRATIC BACKSLIDING AND THE LIMITS OF FIRST AMENDMENT LEGALISM 17 U.C. IRVINE L. REV. ___ (forthcoming) Jacob M. Schriner-Briggs* The second Trump administration has unleashed a wave of repressive activity targeting civil society’s most prominent institutions: news media, universities, law firms, and more. Political scientists have responded to these episodes with warnings of β€œdemocratic backsliding” while legal scholars invoke the same phenomena as proof that the freedom of speech is in β€œcrisis.” This Article begins by bridging these diagnoses, arguing that the United States’s crisis of free speech is best understood as but one important dimension of its ongoing crisis of democracy. Given this understanding, the Article’s primary contribution is to assess whether the First Amendment, interpreted and implemented by courts, can secure free speech against an executive branch intent on suppressing it. While the First Amendment has supported important rulings against the administration, the Article’s basic conclusion is that reformers seeking to unwind the speech crisis must ultimately look beyond it. Though First Amendment doctrine can slow down an overtly censorious government, it suffers from major blind spots the second Trump administration has routinely exploited. Moreover, even when litigants are able to press First Amendment claims, the administration has engaged in β€œlegalistic noncompliance,” strategies that frustrate lower court proceedings and which have frequently been countenanced by the Roberts Court. The legalism of doctrine and courts can serve speech-protective functions. Yet the crisis at hand, itself downstream from an anti-democratic politics, must be met with responses forged through democratic processes and implemented by democratic institutions. The best long-term hopes for free speech, in other words, lie more in democratic politics than constitutional law.

"Democratic Backsliding and the Limits of First Amendment Legalism" is forthcoming in the U.C. Irvine Law Review. I hope to have it SSRN-ready by the end of April. If you'd like to take a look beforehand, let me know. Comments welcome!

06.03.2026 19:49 πŸ‘ 53 πŸ” 7 πŸ’¬ 11 πŸ“Œ 0

Oh nice the thing I worry about every single time I walk across a city grate happened.

06.03.2026 13:38 πŸ‘ 397 πŸ” 46 πŸ’¬ 22 πŸ“Œ 4

Unfortunately, β€œYo brother, legal team confirmed we can’t work with minors rn” is an instant classic

06.03.2026 13:38 πŸ‘ 9027 πŸ” 2057 πŸ’¬ 86 πŸ“Œ 34

Brb asking Claude code to set up this model

06.03.2026 02:40 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

This is a monkeys paw idea

06.03.2026 02:32 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
06.03.2026 00:40 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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FT comments section this morning - saying what everyone else is thinking, right?

05.03.2026 07:15 πŸ‘ 17076 πŸ” 5955 πŸ’¬ 512 πŸ“Œ 493

When I get the Chicago Tribune’s Daywatch newsletter by email I start hearing the Baywatch theme song

05.03.2026 13:14 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
Volume 93.2 | The University of Chicago Law Review

OK, I've seen enough.

I suggest that anyone interested in the sharp comments I've had about some of the anti-LPE movement pieces in the UChicago LR to simply read and compare the pieces by LPE scholars to those of their critics. It's astonishing.

Go here: lawreview.uchicago.edu/print-archiv...

04.03.2026 20:20 πŸ‘ 25 πŸ” 5 πŸ’¬ 2 πŸ“Œ 1

The anti LPE pieces are so laughably bad that you have to wonder whether the editors were secretly stacking the deck against the L&E position.

05.03.2026 03:50 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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A medical journal says the case reports it has published for 25 years are, in fact, fiction A Canadian journal has issued corrections on 138 case reports it published over the last 25 years to add a disclaimer: The cases described are fictional. Paediatrics & Child Health, the journal…

wait wait WHAT? Apparently a "medical journal" in canada has been publishing fictionalized case reports for decades without indicating to its readers that they were fictionalized... retractionwatch.com/2026/03/03/c...

04.03.2026 18:14 πŸ‘ 39 πŸ” 10 πŸ’¬ 6 πŸ“Œ 9
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Ah, yes, the invaluable wisdom of the markets.

04.03.2026 12:00 πŸ‘ 3628 πŸ” 506 πŸ’¬ 79 πŸ“Œ 81
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a group of men standing next to each other with the words the wooorst ALT: a group of men standing next to each other with the words the wooorst
04.03.2026 04:16 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

this is not an amount of money any individual or household should be able to have and we have to abolish both billionaires as a group and the economic system that makes them possible

04.03.2026 03:29 πŸ‘ 4601 πŸ” 926 πŸ’¬ 28 πŸ“Œ 11

Some even have allergies.

04.03.2026 04:11 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Do none of you typeset your briefs in LaTeX?

*ducks*

04.03.2026 04:07 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Glad it works for you because phew the manual periods would wreck me

04.03.2026 03:09 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Your lawyering work, essential as it is, is sometimes inscrutable

04.03.2026 03:07 πŸ‘ 6 πŸ” 0 πŸ’¬ 2 πŸ“Œ 0

Can you say why you think this is a good use of a prediction market when vote counts aren’t yet available? Isn’t it betting based on vibes?

04.03.2026 02:52 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

My wife and kids have more immediate ancestry by descent so they go first.

04.03.2026 01:06 πŸ‘ 4 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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Again, looking forward to being part of a new diaspora

04.03.2026 00:58 πŸ‘ 7 πŸ” 0 πŸ’¬ 3 πŸ“Œ 0
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Love this FT graphic on Strait of Hormuz flow.

(Note: likely understates flow because this will not capture tankers who are making the run with their transponders turned offβ€”and, tbh, if I was making the run I wouldn't want my transponder on)

03.03.2026 16:18 πŸ‘ 27 πŸ” 8 πŸ’¬ 0 πŸ“Œ 0

I dictate email responses while driving, walking to the train, walking the dog, etc.

03.03.2026 14:34 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Would you believe if I told you the dean’s email job was maybe even worse?

03.03.2026 14:34 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

incredible, he did the joke

03.03.2026 02:32 πŸ‘ 3542 πŸ” 582 πŸ’¬ 102 πŸ“Œ 14

Every community has its horrors, unfortunately. I grew up in Boston, which among other things did not have a more enlightened history of harbor prison camps

03.03.2026 01:35 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

tired: genetic data being sold or weaponized
wired: genetic data giving you new citizenship data

03.03.2026 01:28 πŸ‘ 18 πŸ” 1 πŸ’¬ 1 πŸ“Œ 0

Relevant anchor baby ancestors are from Nova Scotia πŸ‘€

03.03.2026 01:26 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0