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Matthew Schafer

@matthewschafer

Adjunct law prof Fordham Law; Scholar focusing on the intellectual history of press freedom: http://shorturl.at/bhsv7; rare book collector

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Latest posts by Matthew Schafer @matthewschafer

Kavanaugh Kidnappings...

07.03.2026 15:11 πŸ‘ 5 πŸ” 2 πŸ’¬ 0 πŸ“Œ 0
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214. The Court's (Selective) Impatience is a Vice The only theme uniting Monday night's twin grants of emergency relief is the Republican appointees' willingness to upend long-settled limits on the Court's power when, but only when, they *want* to.

9/9: This may seem hypertechnical, but it underscores the broader point I made in "One First" about *both* of the Court's grants of emergency relief last nightβ€”that the Republican appointees' impatience is leading them to run over settled legal constraints to reach the merits in these cases.

/end

03.03.2026 13:59 πŸ‘ 875 πŸ” 154 πŸ’¬ 43 πŸ“Œ 8

-Zero Congressional consultation or approval.
-Zero preparation of public for need/consequences of war.
-Zero evidence of thought about "OK, what might the other side do?" Next month. Next year.
-Zero mention of anti-nuke agreement Trump voided, or Trump claim last year that nukes "obliterated."

28.02.2026 13:15 πŸ‘ 2992 πŸ” 926 πŸ’¬ 61 πŸ“Œ 37

[The Congress shall have Power . . . ] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; . . .

28.02.2026 13:26 πŸ‘ 10 πŸ” 3 πŸ’¬ 0 πŸ“Œ 0

Impeach him.

28.02.2026 13:24 πŸ‘ 118 πŸ” 16 πŸ’¬ 3 πŸ“Œ 0
A Third Possibility: The Press Clause at the Founding With the rise of history and tradition at the Supreme Court, scholarship purporting to define historical fact is likely to have outsized influence on the development of constitutional law. Underdevelo...

Did the Court in Citizens United and, later, Professor Volokh get the historical meaning of the Press Clause wrong?

In a just published article, I challenge their view as without evidentiary support and misguided.

A Third Possibility: The Press Clause at the Founding share.google/ufWAxr4JjNF6...

26.02.2026 15:17 πŸ‘ 3 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0

So SCOTUS, with its fabricated-out-of-thin-air immunity doctrine, has actually made American presidents less accountable than LITERAL royalty.

19.02.2026 10:50 πŸ‘ 11204 πŸ” 3142 πŸ’¬ 30 πŸ“Œ 139

β€œFalse herring” is stupid, but the most dishonest & manipulative word here is β€œnow.” As if this is some novelty. But warrants for entering homes, like cops who show their faces & badges, is how we’ve done things for 250 years. The radical novelty is suggesting we STOP doing these things.

17.02.2026 01:18 πŸ‘ 1342 πŸ” 362 πŸ’¬ 6 πŸ“Œ 14
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Students Across the U.S. Are Protesting ICE. Texas Wants to Punish Their Schools.

Threatening to remove state funding from public schools because students are protesting is...

THE MOST TEXAS THING YET.

The schools are clearly failing to coerce young Texans into believing his Abbott's white, Christian nationalist view of their state.

16.02.2026 12:13 πŸ‘ 13 πŸ” 8 πŸ’¬ 0 πŸ“Œ 1
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Criticizing our country is a right afforded to us by the constitution.

09.02.2026 01:08 πŸ‘ 14225 πŸ” 2190 πŸ’¬ 1121 πŸ“Œ 234

Context: this speech is from SIR THOMAS MORE, a history written, as near as scholars can tell, in the early 1600s by 6 or 7 people including Dekker, Heywood, Chettle, Shakespeare, and Munday.

It was never performed, because Jacobean England was a police state and it was banned by the censor.

05.02.2026 14:30 πŸ‘ 4614 πŸ” 1805 πŸ’¬ 47 πŸ“Œ 38

This is very good

05.02.2026 14:48 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

What a terrible day to know how to read

14.11.2025 18:21 πŸ‘ 4527 πŸ” 548 πŸ’¬ 39 πŸ“Œ 65

Laughably incredible and cartoonish, but also very dangerous.

03.02.2026 14:44 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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BREAKING:

GOP Rep. Mike Lawler held a town hall tonight in Rockland County…and proceeded to have VETERANS thrown out of the venue.

#NY17

02.02.2026 03:26 πŸ‘ 4890 πŸ” 2445 πŸ’¬ 316 πŸ“Œ 193

For the avoidance of doubt, releasing the names of federal officers who shot and killed an American citizen is not in any way shape or form doxing.

01.02.2026 23:58 πŸ‘ 18 πŸ” 3 πŸ’¬ 0 πŸ“Œ 1
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Press-related prosecutions under the Espionage Act

For people interested in Espionage Act prosecutions of the press or their sources --

This is a great tool that I hadn't come across before. It's a database of legal filings in such cases since 1971 (Ellsberg). Thanks to the @knightcolumbia.org

knightcolumbia.org/reading-room...

01.02.2026 21:44 πŸ‘ 18 πŸ” 9 πŸ’¬ 1 πŸ“Œ 0
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My first remarks since being arrested last night.

30.01.2026 23:30 πŸ‘ 25117 πŸ” 6653 πŸ’¬ 974 πŸ“Œ 280

Stop arresting journalists for covering newsworthy events

30.01.2026 16:29 πŸ‘ 4 πŸ” 2 πŸ’¬ 0 πŸ“Œ 0
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Georgia Fort, an independent journalist and vice president of the Minnesota NABJ chapter, was also arrested by federal agents this morning

I was sent this video of agents at her door:

30.01.2026 14:58 πŸ‘ 13481 πŸ” 7198 πŸ’¬ 652 πŸ“Œ 861
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Knight Institute Condemns Arrest of Journalists Reporting on Minneapolis Protests, warns of tightening vise on #pressfreedom.
knightcolumbia.org/content/knig...

30.01.2026 16:06 πŸ‘ 22 πŸ” 16 πŸ’¬ 2 πŸ“Œ 0
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Federal Agents Arrest Don Lemon Over Minnesota Church Protest

A truly unacceptable assault on the First Amendment.

30.01.2026 14:22 πŸ‘ 1869 πŸ” 456 πŸ’¬ 31 πŸ“Œ 53

Protected speech made my agents murder these people, says federal official

29.01.2026 13:51 πŸ‘ 5003 πŸ” 1208 πŸ’¬ 169 πŸ“Œ 30

"in theater". "Draw down". Hard to blame people for calling it a military occupation when leaders describe it that way. It's your own damn country, act like it.

29.01.2026 14:49 πŸ‘ 300 πŸ” 74 πŸ’¬ 6 πŸ“Œ 1

Law enforcement officers have always been unmasked in this country until ICE started wearing them last year.

*That* is the departure from norms. *That* is the step too far.

28.01.2026 23:23 πŸ‘ 8953 πŸ” 2051 πŸ’¬ 438 πŸ“Œ 74
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Raskin: ICE and CBP β€” these are not law enforcement entities, and at this point they’re completely lawless. They’re outside of the Constitution.

28.01.2026 20:11 πŸ‘ 18073 πŸ” 5598 πŸ’¬ 551 πŸ“Œ 249

Also... *More harm

Here's Jefferson: Blackstone has "done more towards the suppression of the liberties of man, than all the million of men in arms of Bonaparte and the millions of human lives with the sacrifice of which he will stand loaded before the judgment seat of his maker."

28.01.2026 18:57 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

I've written at length about the rejection of Blackstone in the speech and press context: share.google/JLkzGN14Mxdx...

28.01.2026 18:51 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The strange obsession with Blackstone, a monarchist who hated the colonists and their fight for independence, has long been a focus of mine.

Jefferson said that Blackstone did now harm than the armies of Bonaparte!

28.01.2026 18:50 πŸ‘ 17 πŸ” 6 πŸ’¬ 2 πŸ“Œ 0
Image showing  a fugitive slave being captured by four men under antebellum federal law

Image showing a fugitive slave being captured by four men under antebellum federal law

πŸ—ƒοΈ State & local jurisdictions cannot defy federal law but neither can the federal govt order them to enforce every aspect of that law. For some origins of this ongoing tension in immigration federalism, rooted in the history of American slavery, here is a 🧡 on Prigg v. Pennsylvania (1842) 🧡 1/10

28.01.2026 16:08 πŸ‘ 63 πŸ” 38 πŸ’¬ 1 πŸ“Œ 4