Rebecca Tushnet
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Rebecca Tushnet
@rtushnet.bsky.social

Trademark, advertising, and more

Rebecca Tushnet is an American legal scholar. She serves as the Frank Stanton Professor of First Amendment Law at Harvard Law School. Her scholarship focuses on copyright, trademark, First Amendment, and false advertising. .. more

Law 39%
Business 28%

Reposted by Rebecca Tushnet

This is what asylum practice is increasingly looking like; the Trump admin is moving to "pretermit" every single claim (or nearly every single claim) as a move to avoid having to grant anyone asylum.
I was in a tribunal a week ago where DHS moved to pretermit every single asylum case on "safe third country grounds." Every. single. one.

At one point, a judge scheduled a second master for a man to prove he would be in danger in Honduras. Confused, he said "No, Peru. I'm from Peru."
Immigration judges are "pretermitting" huge swathes of asylum claims on the grounds that the person can be deported to a third country instead — one of the explicit statutory grounds for denying the right to apply for asylum.

This is now happening at large scale nationwide.

Reposted by Rebecca Tushnet

After the Brown shooting, remember that two weeks after the Inauguration, Trump eliminated the Office of Gun Violence Prevention in DOJ and replaced it with EO 14206 _ Protecting the Second Amendment within DOJ's Civil Rights Division. There have been 225 school shootings since that date.

Reposted by Rebecca Tushnet

No one, huh?
On Dec. 4, DOJ labeled people who impede or "dox" ICE agents "domestic terrorists." I document how DHS believes following, recording, and protesting agents is "impeding," and has a policy of threatening & arresting ICE observers. That's unconstitutional. www.cato.org/blog/dhs-pol...

Reading list and comments: Doctrine, Data, and the Death of DuPont
Reading list and comments: Doctrine, Data, and the Death of DuPont
Thomas Reichert, Doctrine, Data, and the Death of DuPont   Abstract: For fifty years, courts have claimed to apply a comprehensive thirtee...
tushnet.blogspot.com

Reposted by Rebecca Tushnet

This brief is my favorite articulation of the importance of access to information for kids. The stories in the second half always make me tear up.

Australian kids deserve better than to be experimented on by their govt like this. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com

reasonable consumers read promotion terms on a gambling app, court rules--with bonus language that might be of interest to advertisers using AI to tailor promotions
reasonable consumers read promotion terms on a gambling app, court rules
De Leon v. DraftKings, Inc., 2025 WL 3551627, No. 25cv644 (DLC) (S.D.N.Y. Dec. 11, 2025) The court rejects false advertising claims agains...
tushnet.blogspot.com
Just a reminder that at least 600 Americans were fired for failing to show sufficient respect after Charlie Kirk's murder.
utterly incapable of grace
utterly incapable of grace
As we mourn Rob Reiner, don’t skip this: he was, pretty much, personally responsible for overturning California’s Prop 8 banning same sex marriage.

www.hollywoodreporter.com/business/bus...
How Rob Reiner became anti-Prop. 8 kingpin
Rob Reiner reflects on the critical role he played in getting California's gay marriage ban overturned.
www.hollywoodreporter.com
Most Trump administration actions have real & awful consequences, so reporters need to be more skeptical of his vaporware. In today's essay I discussion 3 Trump charades: an ersatz pardon for a state crime; the AI executive order; and Trump's "concepts of a plan" to repeal & replace Obamacare.
The Vaporware Presidency
In the tech world, the term vaporware is used to describe a product that does not yet and may never exist but that a company hypes for any ...
www.dorfonlaw.org
ICE sprayed a one-year-old in the face with pepper spray.

The child and parents are US citizens, but that doesn't even matter.

These monsters pepper-sprayed a baby.

We cannot allow ICE to continue this behavior, and they aren't going to reform themselves.

www.washingtonpost.com/immigration/...

Reposted by Rebecca Tushnet

Protect your Bubbe from FRAUD this Hanukkah: Save the CFPB! change.org/StopVought

People are not only stranger than we imagine, they are stranger than we can imagine. Which is to say I’ve read of some
There is an absolute fucking scandal going down at The New School, wherein at appears that the university is funnelling to a MEMBER OF THE SCHOOL’S BOARD while purging faculty and staff.

This should be headline news.

x.com/uaw7902/stat...

Reposted by Rebecca Tushnet

Florida has sued Planned Parenthood for saying, accurately (as I wrote in the linked post) that mifepristone has a proven and public record of safe use — but as multiple medical associations affirm, it just _does_. www.acog.org/news/news-re...

Private equity: is there anything it can't ruin? (gift link)
Private Equity Finds a New Source of Profit: Volunteer Fire Departments
www.nytimes.com

Beautiful work--I have a double knit scarf in much less finished condition and left it to work on a double-knit blanket for my daughter, which is ... a choice I made. Perhaps by the time she graduates!

Reposted by Rebecca Tushnet

"A couple of speakers said they were skeptical that the measles outbreaks in South Carolina and Texas were real..." The wages of conspiracism is death. It's a free pass to discount any truth you don't want to hear. Except it's not really free.
In Florida’s Panhandle, a Hearing on School Vaccine Mandates Gets Heated
www.nytimes.com
It's hard to overstate how impossible this demand is from Purdue's administration to implement these AI requirements by next fall. We are nowhere close to understanding what AI proficiency means or what it looks like in education.
www.forbes.com/sites/michae...
The kind .. you find … in a second hand store
It's because she doesn't know how to be the head of CBS News. Just no clue what a person in this role does. Similar to how Pete Hegseth and Sean Duffy don't know how to be cabinet secretaries.

A hallmark of this movement is people being out of their depth. It says, "expertise is unnecessary."
I’m sorry but why is the head of cbs news on tv herself
the hat on shein vs the hat they deliver

Reposted by Rebecca Tushnet

International Fanworks Day 2026 is on the horizon, and we'd like to know about any fan-events you're planning to host this #IFD! Tell us how you'll celebrate until January 28, and we'll signal-boost your event for you. You can submit your event at otw-news.org/mvpscwby
Just a reminder that measles virus is very infectious with one infected individual spreading it to (on average) 12-18 others in a susceptible population.

With vaccination rates below 92% or so, measles is likely to spread extensively and quickly.

Reposted by Rebecca Tushnet

laughing out loud imagining the face of a sign language interpreter trying to keep up with The Weaveᵗᵐ as the trade briefing shifts to his expertise in cyber and ballrooom
DOJ argues Trump being made to use sign language interpreters could hurt his ‘image’
The Justice Department has appealed a November order requiring interpreters at many events
www.independent.co.uk

Reposted by Rebecca Tushnet

Hey Millennials, you should congratulate Gen Alpha on their first successful kill
From the Oklahoma U student paper: the school is now saying it will automatically suspend faculty (with pay) in response to student complaints
www.oudaily.com/news/ou-poli...
A reminder that most Americans who are life-long citizens have nothing OTHER than a Real ID to prove their citizenship. This is CBP’s chief enforcer saying that ID doesn’t count.
Bovino, the man overseeing mass deportations, publicly declared that we must all have our papers on us, at all times, or we could be stopped, harassed, kidnapped, and detained, as they did with the man in this case, who is a US citizen.
"I think of Ernesto Zedillo, probably the best president Mexico has had in modern times. He was asked “What three things does Mexico need most?” He answered, “The rule of law. The rule of law. And the rule of law.” This applies to many countries, including our own."
open.substack.com/pub/jaynordl...
Diagnosing America
A few notes on the health of our constitutional republic
open.substack.com