David Brody
@dbrody.bsky.social
Privacy rights are civil rights.
Founder & former director of the Digital Justice Initiative at the Lawyers’ Committee for Civil Rights Under Law.
Founder & former director of the Digital Justice Initiative at the Lawyers’ Committee for Civil Rights Under Law.
Reposted by David Brody
The media doesn't treat the Trump regime's allegiances with neo-Nazis like Nick Fuentes as antisemitism, but Zohran's belief in Palestinian liberation is treated as antisemitism.
It's completely backwards and insane. Zohran will protect American Jews; the fascists will target American Jews.
It's completely backwards and insane. Zohran will protect American Jews; the fascists will target American Jews.
WELKER: What is your message to Jewish New Yorkers who feel you won't be tough enough in your response to antisemitism?
MAMDANI: That I am looking forward to being the next mayor and fulfilling the commitment I've made to Jewish New Yorkers to not only protect them but to celebrate and cherish them
MAMDANI: That I am looking forward to being the next mayor and fulfilling the commitment I've made to Jewish New Yorkers to not only protect them but to celebrate and cherish them
November 23, 2025 at 5:21 PM
The media doesn't treat the Trump regime's allegiances with neo-Nazis like Nick Fuentes as antisemitism, but Zohran's belief in Palestinian liberation is treated as antisemitism.
It's completely backwards and insane. Zohran will protect American Jews; the fascists will target American Jews.
It's completely backwards and insane. Zohran will protect American Jews; the fascists will target American Jews.
Reposted by David Brody
Meta buried 'causal' evidence of social media harm, US court filings allege reut.rs/48eKxnO
Meta buried 'causal' evidence of social media harm, US court filings allege
Meta shut down internal research into the mental health effects of Facebook and Instagram after finding causal evidence that its products harmed users’ mental health, according to unredacted filings in a class action by U.S. school districts against Meta and other social media platforms.
reut.rs
November 23, 2025 at 12:45 AM
Meta buried 'causal' evidence of social media harm, US court filings allege reut.rs/48eKxnO
My father was a gambler down in Georgia
He wound up on the wrong end of gun
I was born in the back seat of a Greyhound bus
Rollin down Hwy 41
Lord, I was born a ramblin man
Tryin make a living and doing the best I can
And when it’s time for leaving I hope you’ll understand
I was born a ramblin man
He wound up on the wrong end of gun
I was born in the back seat of a Greyhound bus
Rollin down Hwy 41
Lord, I was born a ramblin man
Tryin make a living and doing the best I can
And when it’s time for leaving I hope you’ll understand
I was born a ramblin man
November 23, 2025 at 2:30 AM
My father was a gambler down in Georgia
He wound up on the wrong end of gun
I was born in the back seat of a Greyhound bus
Rollin down Hwy 41
Lord, I was born a ramblin man
Tryin make a living and doing the best I can
And when it’s time for leaving I hope you’ll understand
I was born a ramblin man
He wound up on the wrong end of gun
I was born in the back seat of a Greyhound bus
Rollin down Hwy 41
Lord, I was born a ramblin man
Tryin make a living and doing the best I can
And when it’s time for leaving I hope you’ll understand
I was born a ramblin man
Reposted by David Brody
something i'll note is that if nuzzi ran catch-and-kill ops for rfk jr and lizza knew this prior to him being appointed as HHS, and instead of telling anyone, he decided to save it for his substack long after rfk jr had made communicable disease into federal policy, that's completely fucked
November 22, 2025 at 6:33 PM
something i'll note is that if nuzzi ran catch-and-kill ops for rfk jr and lizza knew this prior to him being appointed as HHS, and instead of telling anyone, he decided to save it for his substack long after rfk jr had made communicable disease into federal policy, that's completely fucked
It was commonly known on campus that when Cruz was a student at Harvard Law, he refused to study with anyone who hadn’t attended Harvard, Yale, Princeton, or Stanford for undergrad.
Ah yes. Harvard Law School in the early 1990s, well known for its Communist professors.
November 22, 2025 at 7:13 PM
It was commonly known on campus that when Cruz was a student at Harvard Law, he refused to study with anyone who hadn’t attended Harvard, Yale, Princeton, or Stanford for undergrad.
Reposted by David Brody
when I was in law school everyone knew that joining the federalist society was like getting tsa precheck for a clerkship
I’m a law prof & a YLS grad and anyone familiar w elite law schools knows it is beyond laughable to describe these places as radicalism hotbeds. Cruz knows this, as does JD Vance. But they assume that their marks are too unsophisticated to know it too. It’s condescending as hell.
Ah yes. Harvard Law School in the early 1990s, well known for its Communist professors.
November 22, 2025 at 6:52 PM
when I was in law school everyone knew that joining the federalist society was like getting tsa precheck for a clerkship
Protecting privacy of group membership against the State is at core of the 1st Am.
“Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs.” NAACP v. Alabama (1958).
“Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs.” NAACP v. Alabama (1958).
Federal Suit Seeking Names of Some Jewish Employees at Penn Sparks Backlash
www.nytimes.com
November 22, 2025 at 1:21 PM
Protecting privacy of group membership against the State is at core of the 1st Am.
“Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs.” NAACP v. Alabama (1958).
“Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs.” NAACP v. Alabama (1958).
Reposted by David Brody
Cryptographers Held an Election. They Can’t Decrypt the Results.
www.nytimes.com
November 22, 2025 at 2:20 AM
Under NAACP v. Alabama, an organization has a 1A right to associational privacy of its members.
“We think that the production order… must be regarded as entailing the likelihood of a substantial restraint upon the exercise by petitioner's members of their right to freedom of association.”
“We think that the production order… must be regarded as entailing the likelihood of a substantial restraint upon the exercise by petitioner's members of their right to freedom of association.”
The government, in going after Penn to "fight antisemitism," has asked for "a list of members of Jewish-related campus groups and the names of employees in the school's Jewish Studies Program."
We do not believe that turning over lists of Jews is helpful to the fight against antisemitism.
We do not believe that turning over lists of Jews is helpful to the fight against antisemitism.
www.reuters.com
November 22, 2025 at 3:23 AM
Under NAACP v. Alabama, an organization has a 1A right to associational privacy of its members.
“We think that the production order… must be regarded as entailing the likelihood of a substantial restraint upon the exercise by petitioner's members of their right to freedom of association.”
“We think that the production order… must be regarded as entailing the likelihood of a substantial restraint upon the exercise by petitioner's members of their right to freedom of association.”
Reposted by David Brody
what i suspect here is that for Trump himself, accusations of fascism are viewed as "keyfabe" by either side
During his visit to the White House, NYC Mayor-elect Mamdani was asked about a recent interview in which he called President Trump a fascist. Mamdani began to answer the question before Trump jokingly cut him off.
November 21, 2025 at 10:41 PM
what i suspect here is that for Trump himself, accusations of fascism are viewed as "keyfabe" by either side
DONALD TRUMP FIVE MINUTES AFTER MEETING ME: It’s called the “Machete Order.” Mach-et-ay. Match-ET-hey. They say it makes Anakin and Luke’s stories a beautiful thing, a beautiful thing. Also Han shot first. Nobody shoots faster than that guy. And we’re going to be looking very closely at JJ…
DONALD TRUMP FOVE MINUTES AFTER MEETING ME: There's this character, they're called heroes in the game, can you believe that? Not characters but heroes. I like that. Anyways there's this hero, H-E-R-O, named Kiriko and they're saying she's unfair. She's got a cleanse, can you believe that? Unbelie...
DONALD TRUMP FIVE MINUTES AFTER MEETING ME: You know they're saying Sylvester McCoy is an underrated Doctor, and you know, maybe there's something in it. A lot of great stories in those last years. A lot of great stories. Year four of the Cartmel years would have been something special, folks.
November 21, 2025 at 10:52 PM
DONALD TRUMP FIVE MINUTES AFTER MEETING ME: It’s called the “Machete Order.” Mach-et-ay. Match-ET-hey. They say it makes Anakin and Luke’s stories a beautiful thing, a beautiful thing. Also Han shot first. Nobody shoots faster than that guy. And we’re going to be looking very closely at JJ…
18 USC 241 — Conspiracy to deprive civil rights.
18 USC 242 — Deprivation of constitutional rights under color of law.
42 USC 1985 — Conspiracy to obstruct justice, deprive civil rights, or *hinder state officials in providing equal protection of the law.*
Plus regular state torts and crimes.
18 USC 242 — Deprivation of constitutional rights under color of law.
42 USC 1985 — Conspiracy to obstruct justice, deprive civil rights, or *hinder state officials in providing equal protection of the law.*
Plus regular state torts and crimes.
America 2025.
November 21, 2025 at 3:32 PM
18 USC 241 — Conspiracy to deprive civil rights.
18 USC 242 — Deprivation of constitutional rights under color of law.
42 USC 1985 — Conspiracy to obstruct justice, deprive civil rights, or *hinder state officials in providing equal protection of the law.*
Plus regular state torts and crimes.
18 USC 242 — Deprivation of constitutional rights under color of law.
42 USC 1985 — Conspiracy to obstruct justice, deprive civil rights, or *hinder state officials in providing equal protection of the law.*
Plus regular state torts and crimes.
Reposted by David Brody
This is conspiracy theory stuff. China doesn’t need to spy on baby monitors to know what Americans are doing. They can just open Instagram, Facebook, TikTok, or one of the many apps that Americans use to share the kind of information that two generations ago couldn’t be waterboarded out of them.
HINSON: As a mom, I think about watching a baby monitor. That's a very intimate moment with your baby and to think the Chinese could be spying on your morning routine
BARTIROMO: Why are they spying on moms?
HINSON: They just want to know what Americans are up to to undermine our way of life
BARTIROMO: Why are they spying on moms?
HINSON: They just want to know what Americans are up to to undermine our way of life
November 21, 2025 at 1:14 PM
This is conspiracy theory stuff. China doesn’t need to spy on baby monitors to know what Americans are doing. They can just open Instagram, Facebook, TikTok, or one of the many apps that Americans use to share the kind of information that two generations ago couldn’t be waterboarded out of them.
Reposted by David Brody
Harvard Law School Library releases first complete set of digitized Nuremberg Trials records
hls.harvard.edu/today/harvar...
hls.harvard.edu/today/harvar...
Harvard Law School Library releases first complete set of digitized Nuremberg Trials records - Harvard Law School
Harvard Law School's Nuremberg Trials Project has finalized the first complete, keyword searchable online collection of more than 750,000 pages of Nazi war tribunal documents.
hls.harvard.edu
November 21, 2025 at 11:33 AM
Harvard Law School Library releases first complete set of digitized Nuremberg Trials records
hls.harvard.edu/today/harvar...
hls.harvard.edu/today/harvar...
Reposted by David Brody
2. Not taking him seriously. He's not only a shock jock stoking young male alienation with rage bait. He also gives his audience sophisticated political analysis (moreso than many MAGA pundits) which they take seriously. When we don't, they can tell we look down on them.
November 21, 2025 at 12:29 PM
2. Not taking him seriously. He's not only a shock jock stoking young male alienation with rage bait. He also gives his audience sophisticated political analysis (moreso than many MAGA pundits) which they take seriously. When we don't, they can tell we look down on them.
Reposted by David Brody
Every time Nick Fuentes is in the news, I see reporters and observers making the same two errors:
1. Treating something he says on one show, in one clip, as his master plan. He streams for 2 hours a night. While there are some constants, his analysis & strategy shifts over time/
1. Treating something he says on one show, in one clip, as his master plan. He streams for 2 hours a night. While there are some constants, his analysis & strategy shifts over time/
November 21, 2025 at 12:29 PM
Every time Nick Fuentes is in the news, I see reporters and observers making the same two errors:
1. Treating something he says on one show, in one clip, as his master plan. He streams for 2 hours a night. While there are some constants, his analysis & strategy shifts over time/
1. Treating something he says on one show, in one clip, as his master plan. He streams for 2 hours a night. While there are some constants, his analysis & strategy shifts over time/
Reposted by David Brody
Behind this important reversal is a member of the Coast Guard who saw what was happening and had the courage to leak it to the press. That person deserves serious praise.
November 21, 2025 at 12:23 PM
Behind this important reversal is a member of the Coast Guard who saw what was happening and had the courage to leak it to the press. That person deserves serious praise.
Reposted by David Brody
Last month it was the Young Republicans praising Hitler. Last week it was Fuentes & Carlson criticizing "Jewry". This week, they're saying swastikas and nooses aren't hate speech. The rot is party-wide. www.seattletimes.com/nation-world...
U.S. Coast Guard will no longer classify swastikas, nooses as hate symbols
The military service, which falls under the Department of Homeland Security, has drafted a new policy that classifies such items “potentially divisive.”
www.seattletimes.com
November 20, 2025 at 10:06 PM
Last month it was the Young Republicans praising Hitler. Last week it was Fuentes & Carlson criticizing "Jewry". This week, they're saying swastikas and nooses aren't hate speech. The rot is party-wide. www.seattletimes.com/nation-world...
Reposted by David Brody
oh my god i take it back, grok is amazing
November 19, 2025 at 11:21 PM
oh my god i take it back, grok is amazing
Reposted by David Brody
I talk a lot abt the category error in defining opposition to fascism as Democratic. This guy--a guy on a scooter standing up for immigrants--is an example of why.
With bonus gratuitous potty mouth.
www.motherjones.com/politics/202...
With bonus gratuitous potty mouth.
www.motherjones.com/politics/202...
November 20, 2025 at 6:02 PM
I talk a lot abt the category error in defining opposition to fascism as Democratic. This guy--a guy on a scooter standing up for immigrants--is an example of why.
With bonus gratuitous potty mouth.
www.motherjones.com/politics/202...
With bonus gratuitous potty mouth.
www.motherjones.com/politics/202...
Modern civil rights orgs got squeamish about saying “segregation” too often. We replaced “integration” with “diversity” bc it was more palatable to corps. Promoting integration? You must have been segregated. Promoting diversity? That’s just good mgmt.
But it’s easier to attack the sanitized terms.
But it’s easier to attack the sanitized terms.
Good example of how an acronym can dehumanize consequences and mask what’s going on. Syntactically, “Diversity slayer,” “equity slayer,” or “inclusion slayer” sounds weird. They aren’t “slaying” these things; they’re promoting and supporting their opposites: segregation, unfairness, and exclusion.
November 20, 2025 at 1:16 PM
Modern civil rights orgs got squeamish about saying “segregation” too often. We replaced “integration” with “diversity” bc it was more palatable to corps. Promoting integration? You must have been segregated. Promoting diversity? That’s just good mgmt.
But it’s easier to attack the sanitized terms.
But it’s easier to attack the sanitized terms.
Good example of how an acronym can dehumanize consequences and mask what’s going on. Syntactically, “Diversity slayer,” “equity slayer,” or “inclusion slayer” sounds weird. They aren’t “slaying” these things; they’re promoting and supporting their opposites: segregation, unfairness, and exclusion.
November 20, 2025 at 12:45 PM
Good example of how an acronym can dehumanize consequences and mask what’s going on. Syntactically, “Diversity slayer,” “equity slayer,” or “inclusion slayer” sounds weird. They aren’t “slaying” these things; they’re promoting and supporting their opposites: segregation, unfairness, and exclusion.
Reposted by David Brody
My copy of the Constitution appears to be missing the part of Article II that allows the president to “preempt state legislation” by imperial decree.
More
The WH is considering an executive order preempting state legislation on AI if the moratorium does not pass in the NDAA, according to a person familiar with the matter. However, a WH official said until such an order is announced, "discussion about potential executive orders is speculation."
The WH is considering an executive order preempting state legislation on AI if the moratorium does not pass in the NDAA, according to a person familiar with the matter. However, a WH official said until such an order is announced, "discussion about potential executive orders is speculation."
News: Democrats seeking to block Trump’s state AI moratorium from NDAA. Top SASC Dem Reed says he “absolutely” wants to keep it out but it might be kicked up to leadership negotiation
www.semafor.com/article/11/1...
www.semafor.com/article/11/1...
November 19, 2025 at 10:06 PM
My copy of the Constitution appears to be missing the part of Article II that allows the president to “preempt state legislation” by imperial decree.
Reposted by David Brody
Perhaps there's a version of the news distortion doctrine that's consistent with the First Amendment, but the version of it that Carr is wielding here is not going to survive constitutional scrutiny.
Trump's censor in chief at the FCC, Brendan Carr, just sent a letter to the heads of BBC, NPR and PBS informing them he's launching a "news distortion" probe into the BBC's editing of a documentary on Trump's Jan. 6 activities.
Here it is:
Here it is:
November 19, 2025 at 10:40 PM
Perhaps there's a version of the news distortion doctrine that's consistent with the First Amendment, but the version of it that Carr is wielding here is not going to survive constitutional scrutiny.
Reposted by David Brody
That's meaningless without some statutory basis. See eg NY v. FERC, 535 U.S. 1 (2002)(a federal agency "literally has no power to act, let alone preempt the validly enacted legislation of a sovereign State, unless and until Congress confers power upon it.")
But with current SCOTUS, who knows?
But with current SCOTUS, who knows?
BREAKING: President Donald Trump is considering an executive order that would seek to preempt state laws on artificial intelligence through lawsuits and by withholding federal funding, according to a draft of the order seen by Reuters reut.rs/485QCmm
November 19, 2025 at 11:01 PM
That's meaningless without some statutory basis. See eg NY v. FERC, 535 U.S. 1 (2002)(a federal agency "literally has no power to act, let alone preempt the validly enacted legislation of a sovereign State, unless and until Congress confers power upon it.")
But with current SCOTUS, who knows?
But with current SCOTUS, who knows?