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Anthony Michael Kreis

@anthonymkreis

Constitutional law prof, historical political scientist, FRHistS studying: The United States Supreme Court American Political Development Anglo-American Constitutionalism πŸ“ATL Author, Rot and Revival: https://www.ucpress.edu/books/rot-and-revival/paper

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Latest posts by Anthony Michael Kreis @anthonymkreis

This is true. Hahaha.

07.03.2026 03:51 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

It’s wild that I bought this a few hours ago. The matrix is glitching.

07.03.2026 03:49 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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That’s wild. I bought it 4 hours ago. Haha.

07.03.2026 03:48 πŸ‘ 6 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Horrible Histories

07.03.2026 00:20 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

More committee work? Nah. Leave the corpse.

07.03.2026 00:18 πŸ‘ 16 πŸ” 2 πŸ’¬ 2 πŸ“Œ 0
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a man in a white suit is standing in front of a building ALT: a man in a white suit is standing in front of a building

Having a very wild night writing about Stuart England.

06.03.2026 23:51 πŸ‘ 33 πŸ” 1 πŸ’¬ 4 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

🚨🚨🚨🚨

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

I think there’s a pervasive misunderstanding about what people thought the common law was prior to the Founding generally. There’s a kind of formalism imposed on it that didn’t exist in practice. It certainly wasn’t a rationally comprehensive form of lawmaking. This misguided idea keeps popping up.

06.03.2026 22:03 πŸ‘ 6 πŸ” 2 πŸ’¬ 0 πŸ“Œ 0
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Rainbow over Stone Mountain.

06.03.2026 21:30 πŸ‘ 109 πŸ” 5 πŸ’¬ 1 πŸ“Œ 0
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Justice Dept. Pushes for Charges Against Cuban Leaders

They’re trying to create a grand jury exception to Article I.

Justice Dept. Pushes for Charges Against Cuban Leaders www.nytimes.com/2026/03/06/u...

06.03.2026 20:35 πŸ‘ 45 πŸ” 18 πŸ’¬ 5 πŸ“Œ 0

Chilis

06.03.2026 20:17 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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06.03.2026 20:10 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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You and @jvagle.me in the hall:

06.03.2026 20:04 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Avoiding car parks.

06.03.2026 18:59 πŸ‘ 4 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Good luck to you and @andrewwillinger.bsky.social should I meet an untimely end. πŸ₯΄πŸ€£

06.03.2026 18:58 πŸ‘ 4 πŸ” 0 πŸ’¬ 3 πŸ“Œ 0

If you don’t have colleagues who you can be unhinged with, I feel sorry for you.

06.03.2026 18:58 πŸ‘ 21 πŸ” 2 πŸ’¬ 1 πŸ“Œ 0

You can never be too careful in the tower.

06.03.2026 18:56 πŸ‘ 14 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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a man wearing a crown sits on a throne in front of a crowd ALT: a man wearing a crown sits on a throne in front of a crowd

I’m sorry to say that my colleagues have indulged my unhinged inner thoughts in the group chat, and should something befall me in England like a Yorkist Prince, I have bequeathed my birthright citizenship article to them to complete.

06.03.2026 18:55 πŸ‘ 39 πŸ” 0 πŸ’¬ 1 πŸ“Œ 1
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"An Originalist Critique of Fetal Personhood" w Chip Carter is officially online (& forthcoming in U. Penn. L. Rev.)! papers.ssrn.com/sol3/papers..... We scour 19th cen. dictionaries & the context in which the 14A was ratified to discover the original public & legal meaning of "person" in 1868.

06.03.2026 13:24 πŸ‘ 99 πŸ” 29 πŸ’¬ 7 πŸ“Œ 6

Things I need to accomplish after I get into the Society of Antiquaries.

06.03.2026 15:33 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

I missed the Lord Mayor's Show by two weeks last year. Was not pleased!

06.03.2026 15:29 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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a little girl is eating cotton candy in a crowd of people at a baseball game . ALT: a little girl is eating cotton candy in a crowd of people at a baseball game .

96 hours until Waitrose, evensong, and the ancient constitution.

06.03.2026 15:26 πŸ‘ 20 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0

Muttering β€œczego kurwa” while shaking my head and reading the news in Warsaw became an art form for me.

06.03.2026 15:14 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Andrew Mountbatten-Windsor to keep City of London Freedom honour The former prince inherited his Freedom of London from his father rather than in his own right.

Losing an inheritable interest to cross sheep over London Bridge would have truly been humiliating. share.google/SeiEAtzRzfS1...

06.03.2026 15:08 πŸ‘ 29 πŸ” 2 πŸ’¬ 5 πŸ“Œ 0

I’m pretty sure the president is a stupid, stupid man. Just a hunch.

06.03.2026 14:44 πŸ‘ 241 πŸ” 15 πŸ’¬ 17 πŸ“Œ 0

Pretty sure someone already tried that once. Ballroom and all.

06.03.2026 14:40 πŸ‘ 33 πŸ” 4 πŸ’¬ 3 πŸ“Œ 0

Gas prices ⬆️
Unemployment ⬆️
Unnecessary warfare ⬆️

Are we winning yet?

06.03.2026 14:32 πŸ‘ 143 πŸ” 13 πŸ’¬ 12 πŸ“Œ 2
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we're cooking with gas now

06.03.2026 13:56 πŸ‘ 11 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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Trump prosecutor running for appeals court judge Fulton County Deputy DA Will Wooten qualified Thursday to run against Judge E. Trenton Brown III for a seat on the Georgia Court of Appeals.

Will Wooten, Emory 13L and Trump Fulton County prosecutor, running for appeals court judge by @annabower.bsky.social for the @ajc.com:

www.ajc.com/politics/202...

06.03.2026 13:51 πŸ‘ 21 πŸ” 7 πŸ’¬ 0 πŸ“Œ 2