Commentary, Media Hits, and Events (March 5 – May 30)

May 31st, 2018

Here are my commentaries, media hits, and speaking engagements from March 5, 2018 through May 30, 2018. The bulk of these hits concern the CUNY protest, as well as the travel ban.



  1. Defiance and Surrender, 59 So. Texas L. Rev. (2018).



  1. Conservative and Libertarian Lawyers in the Era of Trump, Lawfare (May 29, 2018).
  2. Dueling Cosmic Injunctions, DACA and Departmentalism, Lawfare (May 22, 2018).
  3. The Easy Way Forward on Trump v. Hawaii, Lawfare (Apr. 25, 2018).
  4. CUNY Law students heckled my talk on campus free speech, NY Daily News (Apr. 21, 2018).
  5. Students at CUNY Law Protested and Heckled My Lecture about Free Speech on Campus, National Review (Apr. 12, 2018).
  6. Testing California’s “Sanctuary Law,” Wall Street Journal (Mar. 13, 2018) (with Ilya Shapiro) (Reproduction).
  7. Analysis of IRAP v. Trump Part I: The Fourth Circuit’s Reliance on Pre- and Post-Inauguration Statements, Lawfare (May 27, 2017).
  8. Analysis of IRAP v. Trump Part II: The Fourth Circuit’s Misuse of Mandel, Din, Lemon, and Town of Greece, Lawfare (May 28, 2017).



  1. Quoted in What’s Missing From Stories on Campus Free Speech?, Education Writers Association (May 25, 2018).
  2. Guest on The Michael Berry Show to discuss ruling about the President’s Twitter account (May 24, 2018).
  3. Quoted in Gorsuch Takes Inside-Player Role in Second Term on Supreme Court, Bloomberg (May 24, 2018).
  4. Guest on the Michael Berry Show to discuss the Supreme Court (May 23, 2018).
  5. Cited in When it Comes to Sharing a Laugh at SCOTUS, the Late Justice Scalia is Still Supreme, Texas Lawyer (May 22, 2018).
  6. Quoted in Kennedy retirement rumors shift into overdrive, The Hill (May 21, 2018).
  7. Cited in First they came for Josh Blackman: why censorship isn’t the answer, Oxford University Press Blog (May 17, 2018).
  8. Quoted in PETA lawsuit against Texas A&M turns Facebook comments into a First Amendment issue, Houston Chronicle (May 16, 2018).
  9. Quoted in DACA’s legal labyrinth, Politico (May 14, 2018).
  10. Quoted in Mobs Against Our Rule, Townhall (May 6, 2018).
  11. Quoted in Five legal headaches facing Trump, The Hill (May 6, 2018).
  12. Quoted in Tennessee Again Rejects Anti-Discrimination Ethics Rule, Bloomberg BNA (May 1, 2018).
  13. Quoted in NBC reports Feds monitored Cohen’s phone, The Hill (May 3, 2018).
  14. Quoted in Parsing presidential intent, World (May 3, 2018).
  15. Guest on KURV to discuss the CUNY Protest (May 2, 2018).
  16. Quoted in Trump Claims Immunity In Bid To Ditch Emoluments Case, Law360 (May 2, 2018).
  17. Quoted in Texas lawsuit brings DACA déjà vu, CNN (May 2, 2018).
  18. Quoted in Does Mueller’s probe infringe upon Trump’s constitutional authority?, Yahoo News (May 2, 2018).
  19. Guest on the Texas Standard to discuss DACA Suit (May 2, 2018) (Audio).
  20. Cited in Free Speech Norms should be Different on a Law School Campus, The Faculty Lounge (May 2, 2018).
  21. Cited in Colleges: Anti-Diversity and Pro-Exclusion, Creators: Walter E. Williams (May 2, 2018).
  22. Quoted in As the Supreme Court considers Trump’s travel ban, some want justices to remember a case they decided 74 years ago, WUNC North Carolina Public Radio (May 2, 2018).
  23. Quoted in Lawyers have enhanced duty of confidentiality when engaging in public commentary, ABA Journal (May 1, 2018).
  24. Quoted in Administrators at CUNY and Duke Aren’t Going to Do Anything About Students Who Disrupted Events, Reason (Apr. 27, 2018).
  25. Quoted in 8 Minutes Hate, No Big Deal, Says CUNY Law Dean, Forbes (Apr. 27, 2018).
  26. Quoted in US judge rules against Trump move to end DACA program, Tri-Lake Tribune (Apr. 27, 2018).
  27. Guest on National Constitution Center – We the People Podcast: The Supreme Court considers the travel ban case (April 26, 2018) (Audio).
  28. Guest on SCOTUS 101 Podcast (Apr. 26, 2014).
  29. Quoted in La corte no permite a Trump finalizar DACA, pero abre la puerta a una victoria en la apelación, La Grane Poca (Apr. 26, 2014).
  30. Supreme Court Notebook, A.P. (Apr. 26, 2018).
  31. Quoted in Experts Say Trump Has Strong Position in Supreme Court’s Travel Ban Case, Lifezette (Apr. 25, 2018).
  32. Quoted in As College Decision Day Approaches, Parents Should Beware, Townhall (Apr. 25, 2018).
  33. Quoted in Kennedy, conservatives appear to back Trump on travel ban, CNN (Apr. 25, 2018).
  34. Guest on WBAL News Now with Bryan Nehman to discuss the Travel Ban (Apr. 25, 2018).
  35. Guest on KTRH’s Houston Morning News to discuss the Travel Ban (Apr. 25, 2018).
  36. Guest on KPCC’s AirTalk with Larry Mantle to discuss the Travel Ban (Apr. 25, 2018).
  37. Guest on BBC World Service to discuss the Travel Ban Case (Apr. 25, 2018).
  38. Quoted in Courts Give Trump a Possible Path Through a Legal Minefield on Immigration, New York Times (Apr. 25, 2018).
  39. Quoted in As Supreme Court hears travel ban, questions of presidential authority also on docket, Christian Science Monitor (Apr. 25, 2018).
  40. Quoted in Why All Libertarians Should Hope that the Supreme Court Throws Out Trump’s Travel Ban, Reason (Apr. 25, 2018).
  41. Quoted in When childish law students protest against speech with impunity, we all lose, The Hill (Apr. 25, 2018).
  42. Quoted in Supreme Court appears split on Trump’s travel ban, Politico (Apr. 25, 2018).
  43. Quoted in As Trump travel ban (finally) reaches Supreme Court, his talk and tweets are center stage, USA Today (Apr. 24, 2018).
  44. Quoted in Federal judge orders complete restart of DACA, Washington Times (Apr. 24, 2018).
  45. Quoted in The Supreme Court is about to weigh in on Trump’s Muslim ban, Salon (Apr. 24, 2018).
  46. Cited in The Problem With Social Media Isn’t The Media, It’s The Social, The Federalist (Apr. 24, 2018).
  47. Quoted in Trump’s Travel Ban Comes Before Supreme Court in Test of Presidential Power, Bloomberg (Apr. 23, 2018).
  48. Quoted in Supreme Court justices to weigh in on Trump’s powers with travel ban case, Washington Times (Apr. 23, 2018).
  49. Cited in Student group disrupted law professor’s talk because dean ‘failed to provide a safe space’, College Fix (Apr. 23, 2018).
  50. Cited in CUNY law students explain what protesters meant when they said ‘f**k the law’ at conservative speech, Twitchy (Apr. 23, 2018).
  51. Cited in CUNY National Lawyers Guild actually issued a Statement on “What We Mean When We Say “F*ck the Law’”, Legal Insurrection (Apr. 23, 2018).
  52. Quoted in Travel ban case comes as Supreme Court’s first dive into Trump Policy, A.P. (Apr. 23, 2018).
  53. Guest on WBUR’s On Point to discuss the travel ban (Apr. 23, 2018) (Audio).
  54. Quoted in CUNY law professors refuse to speak about student mob that disrupted scholar’s talk on free speech, The College Fix (Apr. 23, 2018).
  55. Quoted in Supreme Court takes on Trump’s travel ban, Washington Examiner (Apr. 23, 2018).
  56. Quoted in Senate Judiciary Committee drafts bill to protect Mueller from Trump firing, Washington TImes (Apr. 22, 2018).
  57. Quoted in In travel ban case, Supreme Court considers ‘the president’ vs. ‘this president’, Washington Post (Apr. 22, 2018).
  58. Quoted in Mobs Win at CUNY and Duke, Commentary (Apr. 22, 2018).
  59. Quoted in More campus concerns, The Oklahoman Editorial Board (Apr. 21, 2018).
  60. Quoted in Supreme Court to consider Trump’s travel ban, The Hill (Apr. 21, 2018).
  61. Quoted in ‘F*** the Law!’: CUNY Law School Students Disrupt Professor’s Lecture on Free Speech, Fox News (Apr. 19, 2018).
  62. Guest on Tucker Carlson Tonight, Fox New Channel to discuss CUNY Protest (Apr. 19, 2018) (Video).
  63. Quoted in On the ground in Josephine Co.: Why some want cannabis grows gone, Portland Business Journal (Apr. 19, 2018).
  64. Cited in Are CUNY Administrators Mobsters?, Accuracy in Academia (Apr. 19, 2018).
  65. Quoted in Heckled law prof: CUNY Law would have sicced cops on pro-life protest of Ruth Bader Ginsburg, The College Fix (Apr. 18, 2018).
  66. Guest on Federalist Society Podcast – Preview of Trump v. Hawaii (Apr. 16, 2018) (Audio).
  67. Cited in Yes, student protesters are capable of controlling themselves, The College Fix (Apr. 18, 2018).
  68. Quoted in Conservative Law Prof Heckled by CUNY Protestors Warns of Troubling Trend, National Law Journal (Apr. 17, 2018).
  69. Quoted in “‘It is a bizarre thing to say “f-ck the law” when you are in law school’” The College Fix (Apr. 17, 2018).
  70. Quoted in University won’t punish students who disrupted conservative professor’s speech, The College Fix (Apr. 17, 2018).
  71. Quoted in CUNY’s Law Dean Is Wrong About the Attempted Shutdown of Josh Blackman, Reason (Apr. 17, 2018).
  72. Cited in Blame The Left For The Rise Of Moralizing In America, The Federalist (Apr. 17, 2018).
  73. Guest on The Michael Berry Show to Discuss the CUNY Protest (Apr. 16, 2018).
  74. Cited in KCRW’s Left, Right, and Center (Apr. 15, 2018).
  75. Cited in Travel Ban Case Is Shadowed by One of Supreme Court’s Darkest Moments, N.Y. Times (Apr. 16, 2018).
  76. Quoted in CUNY Law’s Disgrace, City Journal (Apr. 16, 2018).
  77. Cited on WBAL’s Brett Hollander Show regarding CUNY Protest (Apr. 15, 2018).
  78. Guest on The Laura Ingraham Show to Discuss CUNY Law Protest (Apr. 13, 2018).
  79. Quoted in Using Speech to Disrupt Speech – Drawing Sensible, Constitutional Lines, In a Crowded Theater (Apr. 13, 2018).
  80. Quoted in ‘F*** the law’: Watch law students disrupt law professor’s speech. His topic is sadly ironic, The Blaze (Apr. 13, 2018).
  81. Guest on WLS’s Big John and Ramblin’ Ray to discuss CUNY Potest (Apr. 13, 2018) (Audio).
  82. Quoted in Campus free speech is threatened. But how much?, Washington Post (Apr. 13, 2018).
  83. Quoted in Professor Talks of Heckling — at Free Speech Lecture, Lifezette (Apr. 13, 2018).
  84. Quoted in CUNY students call law prof ‘racist’ for supporting free speech, Campus Reform (Apr. 13, 2018).
  85. Quoted in New York Law Student: ‘F*** The Law!’, Daily Caller (Apr. 12, 2018).
  86. Guest on Cam and Company, Student Hecklers Disrupt Campus Free Speech Lecture (Apr. 12, 2018) (Video).
  87. Quoted in CUNY Students Tried to Shout Down Josh Blackman. Here’s Why They Failed, Reason (Apr. 12, 2018).
  88. Quoted in CUNY Law Students Disrupt Free-Speech Lecture, National Review (Apr. 12, 2018).
  89. Quoted in Students At CUNY Attempt To Shut Down Speech By Law Professor Josh Blackman, Hot Air (Apr. 12, 2018).
  90. Quoted in Can Donald Trump fire Special Counsel Robert Mueller?, Politifact (Apr. 12, 2018).
  91. Quoted in Organized Heckling at CUNY School of Law of Prof. Josh Blackman Talk on Free Speech, Reason (Apr. 12, 2018).
  92. Quoted in Law Students Shout ‘F–k the Law’ While Disrupting Free Speech Lecture, Law & Crime (Apr. 12, 2018).
  93. Quoted in Justice Gorsuch forms conservative triumvirate on Supreme Court, Washington Times (Apr. 8, 2018).
  94. Guest on WNYC’s The Takeaway to discuss Justice Gorsuch’s first year (Apr. 10, 2018).
  95. Quoted in Four Circuits to Watch as Trump Nominees Face Time Hurdle, Bloomberg BNA (Apr. 4, 2018).
  96. Quoted in Justice Gorsuch confirms conservatives’ hopes, liberals’ fears in first year on Supreme Court, USA Today (April 8, 2018).
  97. Quoted in In Extraordinary Filing, Former Nat Sec Officials Urge SCOTUS To End Travel Ban, Daily Caller (April 6, 2018).
  98. Quoted in Trump v. California: The Biggest Legal Clashes, N.Y. Times (April 5, 2018).
  99. Quoted in The executive branch pushes the boundaries of the separation of powers, ABA Journal (April 1, 2018).
  100. Quoted in Judge’s death gives Trump the opportunity to overhaul the liberal 9th Circuit, Washington Examiner (Mar. 31, 2018).
  101. Guest on Fox 5 New York to discuss Justice Stevens’s proposal to repeal 2nd Amendment (Mar. 28, 2018).
  102. Quoted in Orange County Pushes Back against California’s Sanctuary-State Laws, National Review (Mar. 28, 2018).
  103. Quoted in New judicial litmus test, used to select Gorsuch, aims to shrink the ‘administrative state’, ABA Journal (Mar. 28, 2018).
  104. Guest on KLIF 570 News to discuss Justice Stevens’s proposal to repeal 2nd Amendment (Mar. 28, 2018).
  105. Guest on KNX Radio (Los Angeles) to discuss Justice Stevens’s proposal to repeal 2nd Amendment (Mar. 27, 2018).
  106. Quoted in Trump’s New Judicial Litmus Test: Shrinking ‘the Administrative State’, N.Y. Times (Mar. 26, 2018).
  107. Quoted in Justice Dept. Proposes Banning Bump Stocks, Setting Aside Its Own Recommendations, N.Y. Times (Mar. 23, 2018).
  108. Guest on AirTalk with Larry Mantle – 89.3 KPCC to discuss Zervos v. Trump (Mar. 21, 2018).
  109. Quoted in Trump’s Newest Tweet Target: Solicitor General Noel Francisco, National Law Journal (Mar. 21, 2018).
  110. Quoted in How Trump Could Fire Mueller, Valuewalk (Mar. 20, 2018).
  111. Quoted in Constitutional and legal ethics scholar Ronald Rotunda dies at 73, ABA Journal (Mar. 20, 2018).
  112. Mentioned on The Jim Bohnannon Show with respect to Obamacare individual mandate (Mar. 18, 2018).
  113. Quoted in The NRA’s lawsuit against Florida is flimsy, The Economist (Mar. 17, 2018).
  114. Guest on Daily Journal Podcast, “Sanctuary and Supremacy,” (Mar. 16, 2018).
  115. Quoted in Jeff Sessions made ‘error’ in DACA legal memo, says Justice Department, Washington Times (Mar. 14, 2018).
  116. Quoted in Defense Dept. charged nearly $140,000 at Trump branded properties, CNN (Mar. 14, 2018).
  117. Quoted in Jeff Sessions’ Case Against California’s Sanctuary Cities Is a Constitutional Loser, Reason (Mar. 14, 2018).
  118. Quoted in Pressured by Trump, A.T.F. Revisits Bump Stock Rules, N.Y. Times (Mar. 13, 2018).
  119. Guest on Supreme Court Landmark Case – Yick Wo v. Hopkins, C-SPAN (Mar. 12, 2018) (Video).
  120. Quoted in Can ‘Texas v. United States’ Set Us Free From Obamacare?, The American Spectator (Mar. 12, 2018).
  121. Quoted in Suing California: What Washington’s move means for future conflicts, Christian Science Monitor (Mar. 8, 2018).
  122. Guest on AirTalk with Larry Mantle – 89.3 KPCC to Discuss the new Sanctuary CIty suit (Mar. 7, 2018) (Audio)
  123. Quoted in Campus Speech Protest Draws Call to Discipline Law Students, Bloomberg Law (Mar. 7, 2018).
  124. Quoted in Lawyers for Mexican journalist blame his detention in the U.S. on Trump’s ‘anti-Mexican bias’, L.A. Times (Mar 6. 2018).
  125. Quoted in The Supreme Court May Revive a Legal Theory Last Used to Strike Down New Deal Laws, Slate (Mar. 5, 2018).
  126. Quoted in The resistance is using the courts to fight Trump, but Trump is winning there, too, Washington Examiner (Mar. 5, 2018).
  127. Quoted in DACA case could hit the Supreme Court in a matter of months, experts say, Washington Examiner (Mar. 5, 2018).


Academic Presentations

  1. Presidential Speech, Yale Freedom of Expression Scholars Conference (Apr. 29, 2018).
  2. The Presidency Beyond Trump: The Perils of Judging Executive Action by Motives, NYU Law School (Mar. 30, 2018).
  3. The Irrepressible Myths of Cooper v. Aaron, Northern Kentucky University Faculty Workshop (Mar. 14, 2018).



  1. Free Speech on Campus, Educational Writers Association National Seminar (May 16, 2018).
  2. Cosmic Injunctions and DACA, Chicago Federalist Society Lawyers Chapter (May 15, 2018).
  3. Debate: The Affordable Care Act, Boston College Federalist Society Chapter (Apr. 18, 2018).
  4. Predicting the Supreme Court, Vermont Law School Federalist Society Chapter (Apr. 12, 2018).
  5. Debate: Restoring the Lost Confirmation, Roger Williams Federalist Society Chapter (Apr. 12, 2018).
  6. Debate on the Emoluments Clauses: University of Chicago Federalist Society Chapter (Apr. 9, 2018).
  7. Panel Discussion on Immigration, University of North Dakota Federalist Society Chapter (Apr. 6, 2018) (Video).
  8. Predicting the Supreme Court, Rutgers-Camden Federalist Society Chapter (Apr. 4, 2018).
  9. Debate: The Second Amendment after Parkland, SMU Federalist Society and American Constitution Society (Apr. 2, 2018).
  10. Presidential Maladministration, NYU Federalist Society Chapter (Mar. 28, 2018).
  11. Bioethics and the Supreme Court, Villanova Federalist Society Chapter (Mar. 28, 2018).
  12. Economic Liberty and the Criminal Law, Waynesburg University (Mar. 15, 2018).
  13. Richard Cordray, Donald Trump, and the CFPB: Constitutional Questions, Cincinnati Federalist Society Lawyers Chapter (Mar. 15, 2018).
  14. Debate on the Travel Ban, Northern Kentucky University Federalist Society Chapter (Mar. 13, 2018).
  15. The Travel Ban and Sanctuary Cities, Indianapolis Federalist Society Lawyers Chapter (Mar. 12, 2018).
  16. Becoming an Academic: 2018 Federalist Society National Student Symposium (Mar. 10, 2018).
  17. Debate on Sanctuary Cities, McGeorge Federalist Society Chapter (Mar. 7, 2018) (Video).
  18. Debate on the Travel Ban, Santa Clara Federalist Society Chapter (Mar. 5, 2018).
  19. Fake News and the First Amendment, Houston Bar Association (Feb. 3, 2018).


Court Filings and Comments

  1. Comments on states considering the adoption of Model Rule 8.4(g).