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Jerry Edwards

@jerryedwards

Associate Professor of Law at West Virginia University College of Law. Formerly an ACLUFL Attorney. I enjoy writing about free expression, academic freedom, and American history. All opinions are my own, not my employer's, and are correct, probably.

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Latest posts by Jerry Edwards @jerryedwards

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I'm honored to be publishing this piece with Vanderbilt Psych Prof Sarah Brown-Schmidt in volume 112 of the Virginia Law Review. In this empirical evidence law and cognitive science article, we identify the risks posed by "hear-witnesses" who inaccurately recall and recount statements at trial.

06.03.2026 21:35 πŸ‘ 30 πŸ” 8 πŸ’¬ 2 πŸ“Œ 3

🚨🚨🚨🚨

A very important and thought-provoking paper by my colleague, forthcoming in the Va. L. Rev.!

06.03.2026 22:05 πŸ‘ 24 πŸ” 3 πŸ’¬ 0 πŸ“Œ 0

Dan learned that karma can be a very unfriendly lady.

07.03.2026 04:24 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
A brown and white dog with a concerned look sits up straight and looks into the camera. On the floor next to them is an animal skin rug with matching coloring to theirs.

A brown and white dog with a concerned look sits up straight and looks into the camera. On the floor next to them is an animal skin rug with matching coloring to theirs.

sometimes all it takes is a little subtle messaging to improve your pet’s behavior

07.03.2026 02:28 πŸ‘ 281 πŸ” 29 πŸ’¬ 18 πŸ“Œ 3

You're in good company. They also rejected mine, so I decided to stay home. Glad I did. I am exhausted. Hope you're able to get some R&R this weekend!

07.03.2026 03:53 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Surprised you're not in Arizona. Giving yourself a travel break?

07.03.2026 03:49 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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Today I learned that Atlanta has a White House replica and it’s currently on sale for 35 mil

www.zillow.com/homedetails/...

07.03.2026 01:41 πŸ‘ 6 πŸ” 1 πŸ’¬ 8 πŸ“Œ 0

A brilliant investment lol.

07.03.2026 02:21 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

It's my favorite class exercise day. When I have my students take a literacy test. "I would pass it!" I always tell them no because the point is for the person to fail.

05.03.2026 14:06 πŸ‘ 19 πŸ” 4 πŸ’¬ 4 πŸ“Œ 0

While we're at it, next time, I hope we won't allow white supremacists to nullify the transformative changes to the constitutional order for generations. Though, they're certainly trying to do it again now (and succeeding to a degree).

07.03.2026 02:17 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Insights in how he thinks about the presidency. Break the law and see if someone says something. I think the NCAA would find that a lot of their top athletes would be even less willing to stay in school.

07.03.2026 00:21 πŸ‘ 39 πŸ” 4 πŸ’¬ 1 πŸ“Œ 2

Even if you are lucky enough to have legal representation, which in immigration must be funded by yourself (or pro bono counsel) how do your lawyers rep you in this system? Not to mention how does your family find you? not due process

06.03.2026 12:13 πŸ‘ 298 πŸ” 117 πŸ’¬ 5 πŸ“Œ 0

The slurs somehow have more agency than the Republicans.

The β€œNYT actually assigns agency to the people doing the thing” headline challenge remains unwon.

06.03.2026 20:28 πŸ‘ 562 πŸ” 107 πŸ’¬ 9 πŸ“Œ 3

You never know when you might need a large number of fountain pen inks. You're just planning ahead, Hannah. πŸ˜‰

07.03.2026 00:13 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

What's the broader topic of the article?

07.03.2026 00:12 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Samuel Alito's jurisprudence

06.03.2026 23:35 πŸ‘ 3 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Past-you knew that he did not have the answer, but he was confident future-you would figure that section out. Corey, you can't let Corey down. πŸ˜‰

06.03.2026 23:24 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

so it's the Department of Random-Ass Regime Change Intervention That Definitely Isn't the W-Word then?

06.03.2026 21:13 πŸ‘ 31 πŸ” 5 πŸ’¬ 1 πŸ“Œ 0

I see our demand letter did not remedy the problem. I take no pleasure in saying this, my friend. We will see you in court. πŸ˜‰

06.03.2026 22:33 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

I look forward to reading this. Greer is an excellent scholar and I'm sure this work is top notch. Just having researched personhood under criminal homicide laws, I know the history is a mess. But, the commonness of miscarriages strongly points against a historical belief in fetal personhood.

06.03.2026 19:32 πŸ‘ 28 πŸ” 5 πŸ’¬ 2 πŸ“Œ 0

This is fascinating, Ally! It is the sort of thing I occasionally thought about while in practice, so I am delighted that you are giving it scholarly attention. I am looking forward to reading it.

06.03.2026 20:46 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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Now on SSRN and looking for a good home - "The Case for Professional Disobedience"

Using healthcare professionals as a case study, the Article meets this perilous moment in U.S. history by thinking seriously about disobedience as a response to institutional failures
papers.ssrn.com/sol3/papers....

06.03.2026 20:08 πŸ‘ 28 πŸ” 12 πŸ’¬ 1 πŸ“Œ 0

Congrats, Jacob! Well deserved. I'm looking forward to reading it!

06.03.2026 20:41 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 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

An original Nashville sit-in member, along with Diane Nash, James Bevel, and John Lewis. Trained in non-violence by James Lawson. At age 21, he signed a will before the Freedom Rides, knowing he could die.

May his soul be at peace, and may we all have such courage in the face of oppression.

05.03.2026 23:25 πŸ‘ 1889 πŸ” 531 πŸ’¬ 10 πŸ“Œ 5

Oh no, I can't believe all those slurs forced themselves into that defenseless group chat!

06.03.2026 16:55 πŸ‘ 2396 πŸ” 391 πŸ’¬ 62 πŸ“Œ 7

Serving only one term isn't a benefit. It means we'll have no incumbency advantage in the future. It's why somebody younger (who didn't have Nazi tattoos) should be running.

06.03.2026 18:23 πŸ‘ 2 πŸ” 0 πŸ’¬ 2 πŸ“Œ 0

They're both too old and should not run for election or reelection again. Maine Democrats need to find a better candidate. We don't need an 79 year old freshman senator or a guy who has so many ties to extremism.

06.03.2026 18:18 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Are your co-authors from your forthcoming article presenting? πŸ™ƒ

06.03.2026 18:12 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

His take on how the legal system can be weaponized was especially insightful:
"After enduring nearly a century of systematic resistance to the Fifteenth Amendment, Congress might well decide to shift the advantage of time and inertia from the perpetrators of the evil to its victims."

06.03.2026 15:29 πŸ‘ 58 πŸ” 7 πŸ’¬ 1 πŸ“Œ 1