Derek Bambauer

It's a sign that things are changing that Dems are now circulating strategy memos saying they can take this issue on directly.

Delighted that "AI, Artists, and Anti-Moral Rights" (co-authored with Bob Woods) is now available in vol. 113 of the Georgetown Law Journal Online: www.law.georgetown.edu/georgetown-l...

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARK KELLY, United States Senator representing the State of Arizona, 120 Constitution Ave NE, Suite 516 Washington, D.C. 20002 Plaintiff, V. PETE HEGSETH, in his official capacity as Secretary of Defense, 1600 Defense Pentagon Washington, D.C. 20301 U.S. DEPARTMENT OF DEFENSE, 1600 Defense Pentagon Washington, D.C. 20301 JOHN PHELAN, in his official capacity as Secretary of the Navy, 1000 Navy Pentagon Washington, D.C. 20350 U.S. DEPARTMENT OF THE NAVY, 1000 Navy Pentagon Washington, D.C. 20350 Defendants. Case No._ COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

9. If permitted to stand, the Secretary's censure and the grade-determination proceedings that he has directed will inflict immediate and irreparable harm. The censure, the grade-reduction process, and its inevitable outcome impose official punishment for protected speech, chill legislative oversight, and threaten reductions in rank and pay. Each of these actions also signals to retired service members and Members of Congress that criticism of the Executive's use of the armed forces may be met with retaliation through military channels. The Constitution does not leave such injuries to be remedied after the fact. Speech or Debate, First Amendment, separation-of-powers, and due-process protections must be vindicated at the outset, before the Senator is forced to submit to an unconstitutional and legally baseless proceeding. Senator Kelly therefore brings this complaint for declaratory and injunctive relief. Defendants' actions violate the First Amendment, the Speech or Debate Clause, the separation of powers, due process, 10 U.S.C. § 1370, and the Administrative Procedure Act. 11. In particular, Senator Kelly respectfully asks this Court to declare the censure letter, reopening determination, retirement grade determination proceedings, and related actions unlawful and unconstitutional; to vacate those actions; to enjoin their enforcement; and to preserve the status of a coequal Congress and an apolitical military.

PRAYER FOR RELIEF For these reasons, Plaintiff respectfully requests an order: a) declaring Defendants' actions unlawful; b) enjoining the enforcement of Defendants' actions; c) vacating and setting aside Defendants' actions under 5 U.S.C. § 706; d) staying the effective date of Defendants' actions under 5 U.S.C. § 705; e) preliminarily and permanently enjoining Defendants, their agents, employees, appointees, successors, and anyone acting in concert or participation with Defendants from 45 Case 1:26-cv-00081 Document 1 Filed 01/12/26 Page 46 of 46 implementing, maintaining, or giving effect to Defendants' actions, including the Secretary of Defense's determinations and threats of further criminal or administrative action; f) awarding Plaintiff reasonable costs and attorney's fees in accordance with law, including but not limited to 28 U.S.C. § 2412; and g) issuing any and all other such relief as the Court deems just and proper.

BREAKING: Senator Mark Kelly sues Pete Hegseth, DOD, and others over Hegseth's censure of Kelly and effort to reduce his retirement grade, alleging violations of the First Amendment, due process, Speech & Debate Clause, and federal laws.

Kelly is represented by Arnold & Porter.

The Tallahassee Democrat published an op-ed by Jane Bambauer and me on academic freedom (or the lack thereof) at the University of Florida. Link (paywalled, unfortunately): www.tallahassee.com/story/opinio...

The FCC is a master class in jawboning of late. That's not a compliment. I'm a signatory to TechFreedom's excellent letter.

How Higher Ed Got Jawboned Podcast Episode · The Bully's Pulpit: Trump v. The First Amendment · 07/31/2025 · 46m

Listen to Wesleyan University President Michael Roth and @genevievelakier.bsky.social discuss the #jawboning of higher ed and how the admin is weaponizing allegations of antisemitism:
podcasts.apple.com/us/podcast/h...

Trump administration seeking $1 billion settlement from UCLA | CNN Politics The Trump administration is seeking a $1 billion settlement from the University of California, Los Angeles, CNN has exclusively learned, marking the latest effort by the White House to shape higher ed...

The billion dollars is the least of it. It’s universities’ autonomy, independence, and integrity that Trump is really after. www.cnn.com/2025/08/08/p...

From @knightcolumbia.org’s analysis of the Columbia settlement. knightcolumbia.org/blog/what-th...

Absolutely! Email is also fine: bambauer@law.ufl.edu

I think the courts are leaning that way, and so is the Trump EO (which might influence some lower court judges). It's just not clear to me that harm from inclusion in training data is anything more than a moral desert claim to a new source of money, and that doesn't move me much.

I assumed my legion of followers, but have been sadly disappointed.

Apologies for the self-promotion, but there are a few of us who have written about the legal and technical side of this: www.journaloffreespeechlaw.org/bambauersurd... (Eugene Volokh is another, although we disagree.)

Painting of three batfish at different stages of life lined up next to each other

Watercolor painting showing the cool development of the longfin batfish (Platax teira) from juvenile to adult #sciart #fish #watercolor

Bit late to the game, but Thinh Nguyen and I have an op-ed in The Hill explaining why use of copyrighted materials for AI training data is fair use: thehill.com/opinion/judi...

At what point do we just accept that the Fifth Circuit is trash?

“A 2010 study that analyzed 40 years of protest coverage in five major newspapers, including The New York Times and The Washington Post, found that the papers depicted protests — even peaceful ones — as nuisances rather than as necessary functions of democracy.”

Within a few hours of Harvard's motion for a new temporary restraining order, judge grants the temporary restraining order.

storage.courtlistener.com/recap/gov.us...

It's also a misunderstanding of what the grants are for. It's not a billion dollar donation, Harvard won the grants to do specific research that it is in a relatively unique position to do. Trade schools aren't going to be able to take over, eg, Harvard's cancer immunotherapy research.

Since George Floyd’s Murder, Police Killings Keep Rising, Not Falling

Since George Floyd’s Murder, US Police Killings Keep Rising, Not Falling - The New York Times www.nytimes.com/2025/05/24/u...

lol

Gabbard fires leaders of intelligence group that wrote Venezuela assessment The director of national intelligence fired top officials weeks after their group wrote an assessment contradicting President Donald Trump’s legal rationale for deporting alleged Venezuelan gang membe...

The Director of National Intelligence's FOIA website (which has reappeared after the entire site was briefly down) no longer has a reading room of released documents or links to its FOIA regulations which, were we to be picky, violates the EFOIA amendments of 1996.

Amazing timing.

Trump (Partially) Wins an Alien Enemies Act Case For the last few weeks, there has been ongoing litigation over President Trump's effort to use the Alien Enemies Act of 1798 as a tool for mass

After multiple defeats, Trump finally (partially) won an Alien Enemies Act ruling by a federal court. See my critique of this seriously flawed decision: reason.com/volokh/2025/...

May 13, 2025 VIA ECF The Honorable Richard J. Leon U.S. District Court for the District of Columbia 333 Constitution Avenue, NW Washington, DC 20001 Re: Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of the President, No. 1:25-cv-917-RJL (D.D.C.) Dear Judge Leon: I write to inform the Court of a recent development that pertains to the abovereferenced matter. On May 9, 2025, two WilmerHale attorneys received letters from a government agency informing them that their security clearances have been suspended “pursuant to Executive Order 14250, Addressing Risks from WilmerHale” (the “Executive Order”).1 This development underscores that the Executive Branch stands ready and willing to implement the Executive Order absent judicial intervention. It also underscores the need for any permanent relief this Court may grant not only to restrain future implementation of the Executive Order, but also to redress actions already taken pursuant to it. Accordingly, WilmerHale respectfully requests that, if the Court enjoins enforcement of the Executive Order, the Court specifically direct Defendants to (1) nullify and reverse any and all suspensions or revocations of WilmerHale personnel’s security clearances that have been made pursuant to the Executive Order; (2) cease any and all reviews of WilmerHale personnel’s security clearances initiated pursuant to the Executive Order; and (3) nullify, reverse, and/or cease any other actions that may have been taken pursuant to the Executive Order. Respectfully, s/Paul D. Clement Paul D. Clement Counsel for Plaintiff

NEWS: Paul Clement tells the court that two WilmerHale attorneys had their security clearances pulled under the Trump executive order targeting the firm. (Note: This is not violating the TRO, which did not enjoin the clearances part of the executive order.) storage.courtlistener.com/recap/gov.us...

Rob Manfred making Pete Rose eligible for the Hall of Fame because Donald Trump whined about it in a tweet is a fucking nightmare, man.

Little known fact that Grover Cleveland used to ride around the world in the Statue of Liberty and have sensitive national security discussions inside it, before taking possession of it himself after he left office.

Come for the jawboning; stay for the Loper Bright! Serious props to @techfreedom.org, CEI, @berinszoka.bsky.social , and all the panelists.

So, usual disclaimer: I'm a panelist. But, I think this is a rigorous and diverse conference exploring what these two federal agencies can and cannot do within First Amendment and statutory limits.

Screengrab from the Orlando Sentinel: "DeSantis announces he will sign fluoridation ban Gov. Ron DeSantis announced Tuesday he will sign into law legislation that bans local governments from adding fluoride to public drinking water, ending a decades-old practice that health professionals have long credited with slashing rates of tooth decay, especially in poor communities."

Everything is stupid.

Tired: All of reality is an AI construct and we’re in a computer simulation

Wired: All of reality is an AI construct and we’re in a computer simulation specifically designed to humiliate and degrade Drew Ensign

"The poll found that on a weekly basis more than 90% of people use weather forecasts, job market reports, food safety warnings and other information that is based on federal science. But only 10% are concerned that cuts to federal support for science might impact their access to such information."