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%

One reason many state electeds won’t want return to selecting senators despite anti-democratic dreams of ending direct election on the right: it is not in state electeds’ interests to have people think “the key thing about my local vote is what it means for national leadership”
Indiana Republicans are under significant pressure to do something they know is wrong: rig the maps and silence voters.

Washington Republicans are demanding a "9–0 map." That’s not democracy - that’s cheating. They know it, and they’re ashamed, which is why they’re hesitating.

Reposted by Rebecca Tushnet

Indiana Republicans are under significant pressure to do something they know is wrong: rig the maps and silence voters.

Washington Republicans are demanding a "9–0 map." That’s not democracy - that’s cheating. They know it, and they’re ashamed, which is why they’re hesitating.
one reason the framing as "AI" is so bad is that it makes people think "interact with this like a person" when in fact the only way to make it remotely useful is "interact with it like an extremely powerful but extremely weird user interface"
This is really a huge part of why upper management is so in on AI. They think it will let them manage computers the way they currently manage the people who make the computer work. It will not.
I'm just saying I had someone tell me I had to hold the AI accountable and and no no I don't. That was not the effective way to coax it into doing the thing I wanted

Reposted by Rebecca Tushnet

This is really a huge part of why upper management is so in on AI. They think it will let them manage computers the way they currently manage the people who make the computer work. It will not.
I'm just saying I had someone tell me I had to hold the AI accountable and and no no I don't. That was not the effective way to coax it into doing the thing I wanted

Reposted by Rebecca Tushnet

Yes. And.....

Alternate reading: there is no review actually happening. They're just saying that to get Josh Hawley off their backs.

Alternate alternate reading: the FDA is too busy trying to restrict Tylenol and infant vaccines to bother with abortion.
The best reading of this article: Trump is going to use FDA to restrict medication abortion, but he wants to wait until after the midterms so the Republicans don't experience blowback. But that just makes the midterms more important. www.bloomberg.com/news/article...
FDA Slow Walking a Long-Awaited Abortion Pill Safety Study
The Food and Drug Administration has delayed a promised review of safety data for the abortion drug mifepristone at Commissioner Marty Makary’s request to put it off until after the midterm elections,...
www.bloomberg.com

Reposted by Rebecca Tushnet

SOON, IT MAY BE ILLEGAL TO HAVE A… ZINE

Daniel “Des” Sanchez is facing *federal charges* for “transporting a box that contained ‘Antifa materials’”:

theintercept.com/2025/11/23/p...

So whatever you do, don’t download and distribute these:

drive.google.com/drive/mobile...

To make sure I'm answering the right question, you have agreed to write a tenure letter for another person?
This is awesome. Matt Moscardi and @freefloat.bsky.social ran the numbers and found that companies dismantling their DEI programs in response to the Trump Admin have boards with more political connections - and also lower measures of shareholder value, like TSR.

www.freefloat.llc/boardroom-th...
Issue 19 — Free Float LLC
www.freefloat.llc

Reposted by Rebecca Tushnet

What a great day for a renewed spoils system:

(1) the constitutionality of merit-based civil service laws is questioned at SCOTUS

(2) Trump announces an arbitrary $12bn clientelistic payout to “farmers” (funding source and statutory authority TBD I guess)

Roscoe Conkling would be so proud
The best reading of this article: Trump is going to use FDA to restrict medication abortion, but he wants to wait until after the midterms so the Republicans don't experience blowback. But that just makes the midterms more important. www.bloomberg.com/news/article...
FDA Slow Walking a Long-Awaited Abortion Pill Safety Study
The Food and Drug Administration has delayed a promised review of safety data for the abortion drug mifepristone at Commissioner Marty Makary’s request to put it off until after the midterm elections,...
www.bloomberg.com
fellas, is it good when the ruling party requires public institutions to recruit for ideological youth cadres
New: Gov. Greg Abbott and Turning Point USA are launching a partnership to create chapters of the right-wing organization on every Texas high school campus.
Abbott says Turning Point USA will expand in Texas schools
Republican officials in Oklahoma and Florida have also launched plans to expand the presence of the conservative youth organization founded by Charlie Kirk.
www.texastribune.org
Trump: "I'm delighted to announce this afternoon that the US will be taking a small portion of the hundreds of billions of dollars we receive in tariffs ... and we're going to be giving and providing it to the farmers in economic assistance. We love our farmers. The farmers like me ... $12 billion"

Reposted by Rebecca Tushnet

Public Domain Day 2026 is almost here. On January 1, works from 1930—including Miss Marple, Animal Crackers, and The Little Engine That Could—enter the U.S. public domain. Expect celebration, confusion, and at least one Betty Boop slasher film. Sorry in advance.
copyrightlately.com/public-domai...
Public Domain Day 2026 Is Coming: Here's What to Know
On January 1, 2026, works from 1930—including Nancy Drew, Betty Boop, and The Maltese Falcon—hit the U.S. public domain. Here’s what it all means.
copyrightlately.com
Not only is ICE snatching hard working people who are trying to earn a living, they’re taking their money too?

A witness recorded ICE agents taking a cash box from a taco stand in La Puente during an operation where four people were arrested.
A new study has found that Chattanooga, Tennessee's decision to build their own affordable community-owned fiber broadband network has driven $5.3 billion in economic benefits back to the community.

From my colleague and friend @seangon.bsky.social:
Chattanooga’s Municipal Fiber Network Has Delivered $5.3 Billion in Community Benefits, New Study Finds | Welcome to Community Networks
Since 2011, a new study finds that Chattanooga's city-owned fiber network has generated $5.3 billion in net community benefits for Hamilton County. Conducted by researchers at the University of Tennes...
communitynets.org
Living with the fact the logic applies elsewhere is WHAT IT MEANS TO DO LAW
Holy shit this back and forth between Kagan/Alito/Jackson/&the SG.

Kagan: Doesn't your logic mean a whole raft of other agencies must be invalidated?
SG: Yes, but that's not being litigated right now
Kagan: So what?
Alito: What if we just want to say "but maybe don't apply our logic elsewhere?"

paying a late-disclosed "drip pricing" fee suffices as injury under Cal's new law
paying a late-disclosed "drip pricing" fee suffices as injury under Cal's new law
Chowning v. Tyler Tech., Inc., 2025 WL 3496690, No. 4:25-CV-04009-YGR (N.D. Cal. Dec. 5, 2025) One of the first “drip pricing” cases I’ve ...
tushnet.blogspot.com

Again, elites desperate to make corruption seem completely normal--not even worth being secretive about!
This is just how we do mergers now.

"Paramount executives also plan to argue their deal will have a much shorter regulatory approval process given the company’s smaller size and friendly relationship with the Trump administration."

www.cnbc.com/2025/12/08/p...
Paramount Skydance launches hostile bid for WBD after Netflix wins bidding war
Netflix won a bidding war for the Warner Bros. film studio and HBO Max streaming service, but it doesn't plan to buy WBD's TV networks.
www.cnbc.com

Rare example of inspired disemvowelling

Reposted by Rebecca Tushnet

Hail mary argument of the day:

"Defendants rejoin that the table was not misleading because the word 'uranium' does not appear on the slide. ... The table expressly refers to 'U Metal 3000K,' using uranium's chemical symbol, 'U,'"...

Leone v. ASP Isotopes, SDNY

Reposted by Rebecca Tushnet

I had a very lively discussion with Mike Seidman and @marktushnet.bsky.social about whether we need courts to protect free speech. It was a very generative convo, in part bc we disagreed so much but share I think political aims, generally. Check it out: podcasts.apple.com/us/podcast/s...
Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America
News Podcast · Sitting in their marble palace, dressed in their black robes, Supreme Court Justices would like us to believe that they are wise and disinterested oracles dispensing words of truth and ...
podcasts.apple.com
This is just how we do mergers now.

"Paramount executives also plan to argue their deal will have a much shorter regulatory approval process given the company’s smaller size and friendly relationship with the Trump administration."

www.cnbc.com/2025/12/08/p...
Paramount Skydance launches hostile bid for WBD after Netflix wins bidding war
Netflix won a bidding war for the Warner Bros. film studio and HBO Max streaming service, but it doesn't plan to buy WBD's TV networks.
www.cnbc.com
Folks might not know a lot of people are getting *very* upset that the materials they request are not available in the libraries/archives they're requesting from.

We're getting lots here at the Library of Virginia: requests of documents likely surfaced by large language models that *do not exist*.

Reposted by Rebecca Tushnet

I feel the clients now using GenAI to do stuff and going "good enough" when they used to nitpick at every last detail is due to them finding out all those nit picky changes take time and work they cant be bothered to put in.

Reposted by Rebecca Tushnet

“There’s a race to get an astronomical amount of money out the door [in DHS] before Democrats take over the House. They’re hiring ICE agents, juicing contracts for the social media snuff films they’re doing, building private prisons."

open.substack.com/pub/thebulwa...
Trump Weighs Moving on From Noem
The DHS secretary has overseen the president’s most controversial domestic initiative. But her future is increasingly in doubt.
open.substack.com
truly influential definitions of AI 'systemic risks' may not come directly from regulators, but from insurers currently trying to figure out how to exclude losses related to AI tools (unreliable, widely used -> correlated risks, complex supply chains -> unclear liability)

www.ft.com/content/abfe...
Insurers retreat from AI cover as risk of multibillion-dollar claims mounts
AIG, Great American and WR Berkley seek permission to limit liability from AI agents and chatbots
www.ft.com
The EU was created in by people who lived through WWII and saw political and economic integration as a means to bringing peace and stability to the continent.

It is being opposed by Putin, Musk and the others who support Neo Nazis in Europe.

Reposted by Rebecca Tushnet