Chris Sprigman

Chris Sprigman

@cjsprigman.bsky.social

Murray and Kathleen Bring Prof., NYU Law. IP, antitrust, behavioral econ, occasional con law (bad for my health). ssrn.com/author=370802. Partner, lex-lumina.com. https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=37891

11.8K followers1K following231 posts

If the Democrats win control of both houses of Congress on Nov 3, it’s going to be the beginning of a vivid display of just how dysfunctional our constitutional order is. Dems will play by the rules. And in playing by the rules they will fail to hold a single Trumpist criminal accountable.

Chris Sprigman reposted

It's really damning. The accusations are numerous and well-supported. But I was really struck by the descriptions of Trump's behavior -- the name dropping, strong-arming, and attempts to buy off silence. His gross rivalry with Epstein. It's all so familiar. It's shit he's been doing his entire life.

Marisa Kabas@marisakabas.bsky.social

Beyond disgusted by even more rape allegations against the President of the United States. "In total, more than 25 different women...have independently accused Donald Trump of rape, sexual assault, or other sexual misconduct." Report w/ new details: democrats-judiciary.house.gov/sites/evo-su...

They are all the same and it's time now for everyone to point and laugh.

Faytuks Network@faytuksnetwork.bsky.social

Flávio Bolsonaro refuses to concede after losing Brazil's presidential runoff to Lula. "It is impossible to acknowledge the election results. We will ask for the elections to be annulled."

Smithtown, where I was obliged to spend most of my childhood, is still R+162.3. (HT: @andylevy.net).

Garrett Petersen@gpetersen.bsky.social

So I don't want to oversell this but our 2024 EV percentage after day 2 was R+2.5. Right now it's D+17.7 So a 20 point swing in the largest suburban county in the country that had resisted some previous blue waves.

And like most moderate positions these days, it's insufficient. Expanding the court does little to address the real problem, which is that the supreme court has too much power. What we need are disempowering reforms. Those are ...

Thor Benson@thorbenson.bsky.social

Expanding the Court is the moderate position

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But it should not stop there. Congress should override the court's execrable and lawless gutting of the Voting Rights Act. Then override citizens united, and the entire rotten skein of decisions that have limited campaign finance regulation.

Congress has lots of work in front of them, and virtually all of it will require a Dem president in 2028. This should be part of what Dems run on--cutting the increasingly despised supreme court down to size, and restoring the rule of law and basic sanity.

And like most moderate positions these days, it's insufficient. Expanding the court does little to address the real problem, which is that the supreme court has too much power. What we need are disempowering reforms. Those are ...

Thor Benson@thorbenson.bsky.social

Expanding the Court is the moderate position

View full thread

Congress and the President need to be willing to override supreme court decisions by ordinary legislation, and then strip jurisdiction to review the override.

Congress should start with the court's lawless and partisan presidential immunity decision, which has further emboldened Trump and intensified his crime spree.

And like most moderate positions these days, it's insufficient. Expanding the court does little to address the real problem, which is that the supreme court has too much power. What we need are disempowering reforms. Those are ...

Thor Benson@thorbenson.bsky.social

Expanding the Court is the moderate position

Things like supermajority voting requirement, imposed by Congress, limiting when court can override duly-enacted fed'l legislation. And, perhaps most importantly ...

"They are emotionally and psychologically seductive but practically unattainable. As a result, 'most of the younger generation feels excluded from this world,' Carreira said. 'There is no more dream, just envy and rage.'"

Chris Sprigman reposted

this, too, is america (extremely complimentary)

the babahuck@tylerhuckabee.bsky.social

holy smokes, conan strikes up a chat with a random lady on the subway and she immediately starts riffing on his level, no problem.

The Supreme Court currently takes less than 80 cases per year—barely a full-time job. And they claim the power to turn our lives upside down, on the regular, on the flimsiest pretext. The least they can do is not conflict the entire court out of cases.

It's uncomfortably like the Nazi libel of Jews that was the thin end of the horror to come. Don't say it couldn't happen here.

Aaron Rupar@atrupar.com

Stephen Miller claims Somali-Americans in Minnesota are "buying Mercedes, buying BMWs, they buy a nice house, all their kids fly first class all over the world" (This is a lie!)

This is a sweet one. Congrats to the team, including my Lex Lumina colleagues Rhett Millsaps, Mark McKenna, and Mark Lemley.

VICTORY! EFF, our co-counsel and our clients have won our lawsuit against the U.S. Office of Personnel Management. A judge agreed OPM violated the law when it disclosed millions of federal employee records to DOGE agents. The court will decide the remedy at a later date.

Terrific. I suspect that if the Democrats take a close look at the Space Nazi's DOGE rampage, or his government contracts for Space X, they are going to find a whole bunch of stuff that could put him in jail for a long, long time.

Mark Chadbourn@chadbourn.bsky.social

Democrats are preparing to investigate Musk if they win control of the House in November, Politico reports. Potential probes would focus on his DOGE leadership, federal job cuts, alleged data breaches, government contracts and Starlink’s role in Ukraine.

More of this. Every Republican candidate who benefits from the Space Nazi's money should be made to answer for that.

The Bulwark@thebulwark.com

Talarico: "We just found out that [Elon Musk] is almost single-handedly bankrolling this effort to install Ken Paxton in the U.S. Senate and defeat this movement...Elon Musk wants our land. He wants our water. He wants his very own personal United States senator. He is trying to buy Texas."

I'm in the public library, working. There's a little conference room, where a group of kids are gathered playing D&D. They're laughing, groaning, good-naturedly squabbling...depending on the adventure's twists and turns. Reminds me of when I played. And still puzzles me why parents ever objected.

Chris Sprigman reposted

"Democracy dies unless Maggie Haberman has access to senior Trump aides and McConnell/Romney Republicans respect us" is essentially the argument Times editors have been making since 2018. I can't tell if they actually believe that or it's a pretext for their decision not to change their approach.

Mark Jacob@markjacob.bsky.social

This morning I re-watched my video argument with the NY Times' Patrick Healy, and it's clear that the Times believes if it says explicity that the Trump regime is assaulting democracy, that would undermine its work to investigate how the regime is assaulting democracy. What an absurd position.

On the one hand, I admire the Times for allowing knowledgable readers to critique the paper's coverage and use of language, at length, and to an editor's face. On the other, the reaction of the Timesman here is just so arrogant and rife with gaslighting, that it just makes me more angry at them.

Mark Jacob@markjacob.bsky.social

🧵🧵🧵 The NY Times posted a 15-minute video today in which I got to tell NYT what’s wrong with its coverage. They said they saw my critical posts on Bluesky and invited me to do a video with them to air my grievances. Weird, right? I didn’t hold back. I blasted their sanewashing of MAGA extremism.

I have a piece in Science w/ @pamelasamuelson.bsky.social and Abhishek Nagaraj on Market Dilution, Fair Use, and Generative AI. We argue that the market dilution theory of copyright harm from AI training is conceptually undeveloped and empirically unsubstantiated. www.science.org/doi/10.1126/...

science.orgMarket dilution, fair use, and generative AIMarket dilution theory, which could affect AI use in science, requires conceptual clarity and empirical evidence

We review existing empirical work claiming to offer evidence of market dilution, and highlight some of the methodological difficulties. And we offer some thoughts on what future scholarship should look like.

There is no misunderstanding. She is a practiced liar. And yet, a wholly incompetent one. Par for the course for this administration.

The New York Times@nytimes.com

President Trump’s new press secretary, Katie Zacharia, describes herself as a lawyer, and the president called her “an attorney.” The New York Times was unable to find a law license for her. In an interview, she said the confusion is the result of a misunderstanding. www.nytimes.com/2026/10/14/u...

Doing the annual re-reading of ABC v. Aereo for tomorrow's copyright class. It remains the worst-reasoned Supreme Court opinion on copyright, ever. Scalia's dissent is devastating.

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Aereo had a business b/c the broadcasters had failed to keep that promise, and the gov't had failed to enforce it. And not only in the hinterlands, *but in major cities.* That's where Aereo offered its services.

So Aereo was offering consumers a way to finally receive the over-the-air TV signals to which the public was supposedly entitled. That's a copyright violation? Such a terrible, logic-chopping, tech-misunderstanding, history-ignoring decision.

Doing the annual re-reading of ABC v. Aereo for tomorrow's copyright class. It remains the worst-reasoned Supreme Court opinion on copyright, ever. Scalia's dissent is devastating.

And it's not just the weakness of Breyer's "guilt-by-resemblance-to-a-cable-system" logic. It's the technical incompetence, especially the conflation of CATV systems with cable (they are meaningfully different systems!). And also the utter failure to deal w/OTA broadcast history. By which I mean ...

... the failure of the federal gov't to deliver on the promise it made to the public when it gave away (or, later, auctioned away) the public airwaves to private broadcasters--that those broadcasters would deliver viable TV broadcast signals nationally.

Chris Sprigman reposted

Long Island right-NIMBYs are genuinely some of the worst people on earth. they’ll beg for a government handout in the form of NIMBY policies that artificially inflate the value of their homes, and then turn around and say that simply making it legal to build apartments is “charity” or something

This gets at the joy I pretty much always feel when voting (and regardless of the outcome). Voting is an act that affirms the dignity both of the individual and the community. And it's also just fun.

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One of the 17 new public restrooms that Mamdani deployed as a pilot is around the block from my apartment. Politicians in New York City have been talking about this for years. It turns out you can just do it.