Kendra Albert

@kendraserra

They/them. Public interest tech and media lawyer at albertsellars.law, recovering academic. 💜 Philly, video games, and plants. More at kendraalbert.com.

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Kendra Albert@kendraserra· 1d

From volume 1, page 63.

Q. Professor Scofield, do you know if Ms. Guillard received
the second cease and desist letter?
A. Yes, she did receive it.
Q. How do you know that?
A. Because she made a TikTok video where she put the letter
on a roll of toilet paper.
Q. Did the TikTok videos continue after December 8, 2022?
A. Yes, they did.

Kendra Albert@kendraserra· 3d

Proud to live in Philadelphia, an "originalist" city.

As these examples illustrate, Amar in Born Equal often deploys the term
“originalism” idiosyncratically—as a way to describe an actor’s respectful nod to
the Founding. This, ofcourse, diverges from the meaning of the term asconventionally deployed by law professors and judges, who use it to refer to a method
of constitutional interpretation. To be sure, drafting language that mirrors an
earlier constitutional provision is not “originalist”; it only becomes originalist,
in the thick meaning of the term, when one makes an argument about the meaning of the language being fixed at the time it became law. Gesturing toward the
challenges that George Washington faced as the first President of the United
States is not “originalist”;130 it only becomes originalist when one argues an action Washington took during his presidency reveals the meaning of some constitutional provision. The narrower, more technical understanding of “originalism” is not how Amar deploys the term. Instead, in Amar’s eccentric usage, a
person who goes to a family barbecue on the Fourth of July and wears a T-shirt
with an American flag on it is being an “originalist.” A kid who dresses up as
George Washington for Halloween likewise has been an “originalist” in his costume selection. Indeed, the entire Tony Award-winning Hamilton musical—with
its fast-rapping Thomas Jefferson and ever-flustered James Madison—is an exercise in “originalism.”

Kendra Albert@kendraserra· 5d

Place of pride on the bookshelf!

A bad spaniels squeaky bottle sits next to a framed Einstein quote and an Edison cylinder.

Kendra Albert@kendraserra· 9d

I pressed buy so fast.

A Bookshop order receipt for Deep Unlearning.

Kendra Albert@kendraserra· 11d

En route to Usenix Security/Enigma, slightly askew.

An amtrak sign for Philadelphia, slightly falling down. One direction points toward Washington, the other towards Boston.

Kendra Albert@kendraserra· 29d

You could have made it shorter, LeBron.

The Inquirer's post on "Lebron explains why he picked the Sixers" except the text is crossed out and "Go Birds, Fuck ICE, Free Palestine" is scrawled in green, kind of crappy handwriting.

Kendra Albert@kendraserra· Jul 14

Judge Boasberg really got it. (pgs. 39-39)

The concern is not limited to the five named individuals. If disinformation-risk ratings,
reports on hate speech, petitions for platform-data access, advocacy, or nonprofit work seeking to
limit abusive content can count as “complicity” in “censorship,” the policy has no clear stopping
point short of the field itself — a concern sharpened by the Department’s announcement that it
“stands ready and willing to expand” the list. See Enforcement Action Press Release at ECF p.
2. A lawful permanent resident working on a platform’s trust-and-safety team, a noncitizen
researcher urging stronger disinformation labels, a compliance employee helping apply
moderation rules, or an advocacy leader pressing advertisers away from sites that spread
Case 1:26-cv-00815-JEB Document 54 Filed 07/14/26 Page 38 of 58
39
falsehoods could reasonably understand the policy to place their immigration status at risk — not
because they wield foreign sovereign power or facilitate its censorship, but simply because they
work in content moderation.

Kendra Albert@kendraserra· Jul 11

Happy bridge day!!

A photo of one of the towers of the Ben Franklin bridge. The bridge deck is covered in walkers.

Kendra Albert@kendraserra· Jun 19

Drove 5 hours to see some art and it ruled. (The End by Hugh Hayden, part of the Clark Art Institute’s Groundwork exhibit.)

A set of carved wooden ribs, as if of a giant creature. Branches are growing out of them, and they lay on the floor of a forest.

Kendra Albert@kendraserra· Jun 18

Big mood. (By Taeyoon Choi, currently exhibited at MassMOCA.)

A screen print of a pink rock with a dead eyed stare. Above it is the phrase “we tricked rocks to think”

Kendra Albert@kendraserra· May 21

Home sweet home.

Philadelphia from a plane at night. It is a glowing grid, and you can see the Delaware.

Kendra Albert@kendraserra· May 14

*sickos yes* (Also congrats to Carmel Shakar and Carly Zubrzycki for the footnote cite!)

Finally, at least one court within the First Circuit has also: (1) concluded that
the constitutional right to informational privacy exists; and (2) applied it to litigants
appearing before it in that matter. See Arroyo Gonzelez v. Rossello Nevares, 305 F.
Supp. 3d 327, 333 (D.P.R. 2018) (determining that Puerto Rico’s ban on changing the
gender markers in the plaintiffs’ birth certificates violates their right to informational
privacy).

Kendra Albert@kendraserra· May 14

This is the first two paragraphs!!!

Mary S. McElroy, United States District Judge.
The United States Department of Justice (“DOJ”) possesses immense
prosecutorial authority and discretion. As citizens, we trust that federal prosecutors,
when wielding this awesome power against a state, a company, or certainly against
vulnerable children, will play fair and be honest with its counterparts and the
judiciary.
DOJ has proven unworthy of this trust at every point in this case. It has
misrepresented and withheld information to both this Court and the United States
District Court for the Northern District of Texas (the “Texas court”). It did so in an
obvious effort to shield it’s recent investigative tactics—previously rejected by every
other court to review them—from this Court’s review, in favor of a distant forum that
DOJ deems friendly to its political positions.1 Its representatives have, under oath,
1 The presiding judge in the Texas court has branded “the Department of Justice, the
world's largest law firm” a “frequent forum shopper.” Opening Remarks from Judge
Reed O'Connor [2024 TX Chapters Conference], The Federalist Society (Oct. 22,
2024), https://www.youtube.com/watch?v=HMTt9pxWBhA [https://perma.cc/GR7AH6N8]. It is clear that the DOJ has done so here.

misrepresented salient facts. It has misled the parties with whom it was negotiating
in Rhode Island, who have now been placed in an untenable and unprecedented
procedural position. And when its attorneys came to this Court to explain their
conduct, the senior attorney—who was present at many of the events that took place
in this case—sat silently by as his counterpart, a junior attorney who has been
practicing law for approximately six months and had no relevant information, was
forced to answer questions about DOJ’s blatant disregard for the proper course of
negotiations.

Kendra Albert@kendraserra· May 1

Post your warning sign.

A white sign with blue text saying “non-conforming area”

Kendra Albert@kendraserra· Apr 29

Amidst the news re: RightsCon (www.404media.co/rightscon-hu...), I'd encourage folks who are able to make a donation to @accessnow.org. (My receipt is below!) The cost of having to cancel could tank the organization, not to mention the stress of figuring out what to do.

A donation receipt for Access Now for $50, from today.

Kendra Albert@kendraserra· Apr 4

College of Commercial Arbitrators (#38), who, surprisingly, also have noted that this is Nazi shit. storage.courtlistener.com/recap/gov.us...

II. HISTORICAL PRECEDENT SUGGESTS ARBITRATION COULD BE NEXT:
EXAMPLES FROM TOTALITARIAN REGIMES. ....................................................12
A. The Nazis Targeted Arbitrators and Arbitration ........................................12
B. Other Authoritarian Regimes Have Restricted Arbitration to Enhance State
Control. .......................................................................................................15

Kendra Albert@kendraserra· Apr 3

A group of 8 bipartisan current and former US senators. storage.courtlistener.com/recap/gov.us...

U.S. Sen. Richard Blumenthal;
 Chuck Hagel, Former Secretary of Defense & U.S. Senator;
 U.S. Sen. Cory A. Booker;
 U.S. Sen. Christopher A. Coons;
 U.S. Sen. Mazie K. Hirono;
 U.S. Sen. Adam B. Schiff;
 U.S. Sen. Chris Van Hollen; and
 U.S. Sen. Sheldon Whitehouse

Kendra Albert@kendraserra· Apr 3

Okay from here on, most of the briefs have not been uploaded to CourtListener yet (RECAP your briefs, people!) so I'm going to link to the docket, so that when they do get uploaded, folks can read them there. Members of Congress. www.courtlistener.com/docket/70694...

AMICUS FOR APPELLEE BRIEF [2166821] filed by Members of Congress [Service Date: 04/02/2026 ] Length of Brief: 3,489 words. [25-5241, 25-5265, 25-5277, 25-5310] (Sher, Justin) [Entered: 04/02/2026 02:55 PM]

Kendra Albert@kendraserra· Apr 3

A group of European Bar Associations. (Peep this table of contents.) storage.courtlistener.com/recap/gov.us...

Attacks on the independence of the legal profession throughout
history highlight its importance to the rule of law ..................................12
A. Germany, 1933 to 1945: The erosion of an independent
legal profession and collapse of the rule of law .............................13
B. Russia: Reprisals against lawyers representing dissidents
and opposition figures.......................................................................19
C. Poland: Systematic attacks on judicial independence and
lawyers committed to protecting it.................................................23
vi
III. The Executive Orders threaten the independence of the legal
profession and undermine the rule of law in the United States ............29

Kendra Albert@kendraserra· Mar 25

Well, that's wrong. Like not, "I disagree with SCOTUS." Like, you cited the wrong part of the statute.

In 1998, Congress passed the Digital Millennium Copyright Act, 17 U. S. C. §1201 et seq., which gave service providers a safe-harbor defense to secondary copyright liability. Under the DMCA safe-harbor defense, service
providers cannot be secondarily liable for certain forms of
copyright infringement if they have implemented “a policy

Kendra Albert@kendraserra· Mar 16

(Not that he didn't try and delete the logs anyway.)

On June 2, Park warned Kim over Slack that a “dismissal with cause” would
not eliminate the earnout obligation, while exposing Krafton to “lawsuit and
reputation risk.”184
And so Kim turned to ChatGPT for help.
185
When the AI chatbot
responded that the earnout would be “difficult to cancel,” Kim complained to Park
180 Id. at 2-3.
181 Id. at 2.
182 Id. at 3 (capitalization omitted).
183 JX 771 at 150; see Park Tr. 552-53.
184 JX 1188 at 1 (Slack message from Park to Kim: “Hi CEO . . . it seems to be highly likely
that the earn-out will still be paid if the sales goal is achieved regardless of the dismissal
with cause. Therefore, there isn’t much that we can practically gain other than punishment
with a simple dismissal alone, whereas I am worried that we may be exposed to lawsuit
and reputation risk . . .”); see also JX 778; JX 778A.
185 Kim Tr. 440-41. Kim admitted at trial that he had deleted specific, relevant ChatGPT
logs. Id. at 441. This particular chat was deleted. Id.

Kendra Albert@kendraserra· Mar 5

It makes me really sad that Ken White (who I genuinely respect) still podcasts with a transphobic motherfucker like Josh Barro. If you subscribe to Serious Trouble, your money is funding this. NB: If I had wanted to tag folks, I would have. So please don't do so for me.

Josh Barro on Twitter saying "I'm sorry, who decided that males have a right to play in girls' sports leagues? Some people just made this shit up and decided it was a civil right."

Kendra Albert@kendraserra· Mar 3

gamehistory.org/cookies-bust...

A still image from the game Cookie's Bustle. In the bottom, Cookie, a bear, is talking to a character in a blue dress. There's a fountain and fancy architecture in the background.

Over the image is the phrase "Cookie Fried" in the Dark Souls font.

Kendra Albert@kendraserra· Feb 24

He gets excluded from analyses of SCOTUS amicus briefing. scholarship.law.wm.edu/facpubs/1877

33. Attorney David Boyle filed amicus briefs on his own behalf in six of the nine cases
(more than any other amicus filer in this set of cases), and his briefs are among the most
distinctive briefs in four of the cases. We removed these briefs from the results after
reviewing them. Most of the briefs are unconventional in style and sources. As stated
earlier, unique content is neither necessary nor sufficient in determining a brief’s value to
the Court. His briefs are likely known at the Court, so we feel comfortable excluding them

Kendra Albert@kendraserra· Feb 24

He clearly has a thing for citing Bruce Springsteen in utterly inappropriate contexts. www.harvard.edu/admissionsca...

…One of the slightly-brighter spots in Dobbs is
Justice Brett Kavanaugh’s concurrence, which
admits that the life of the mother might actually
matter enough (!!!) to prevent a State from forcing
her to bear a child if it’d kill her (a.k.a. “fatal hyperstatism”), Concurrence at 4 n.2. The concurrence
also admits that “Berlin Wall” laws allowing States
to penalize fugitive mothers running to another
State for an abortion, might be unconstitutional, id.
at 10. Cf. Bruce Springsteen, Born to Run, on Born
to Run (Columbia Records 1975) (idea of archetypal
American freedom to flee).

Kendra Albert@kendraserra· Feb 24

He draws from his own personal experiences in crafting his briefs. arblogger.com/13-672_prece...

AMICUS CURIAE STATEMENT OF INTEREST
The present amicus curiae, David Boyle
(hereinafter, “Amicus”),1 is respectfully filing this
Brief in Support of Petitioner in Case 13-672
(“Easton”).2 Interestingly, when Amicus was back in
high school, an adventurous senior there tried to get
printed, as her yearbook quote, the words at the end
of James Joyce’s Ulysses (1922), viz., “he could feel
my breasts all perfume yes[,] and yes I said yes I will
Yes”, id. Not surprisingly, the school administration
did not allow this to happen. Amicus wishes this
tradition of common sense and decency to continue.
SUMMARY OF ARGUMENT
The Third Circuit opinion below invites an
oversexualized and destructive environment for
schoolchildren, and should be reversed.
ARGUMENT
I. SCHOOL VERSUS “HOOTERS”
In this holiday season when we remember a
perfect Child, we also remember that many children
are hardly perfect and behave badly. Also behaving
badly are adults who slip those children lewd and
corruptive materials. The Court should let Easton
and other school districts protect our children

Kendra Albert@kendraserra· Feb 24

He makes often quite novel arguments. www.aclu.org/sites/defaul...

Moreover, every same-sex marriage, by the very title “same-sex”, establishes a
sex-segregated environment; thus denying a sex-diverse upbringing for any
children. This is obvious, even if few have pointed it out. Since the point of Loving
was largely to de-segregate, see id., it is very strange for the State or courts to bless
a segregated, zero-gender-diversity arrangement like gay marriage, without the
people of Virginia being allowed to weigh in by vote. (Gay-marriage proponents
may claim a gay-marriage ban is itself a kind of “segregation”; but a polygamist, or
other sexual minority, could argue the exact same thing for his own way of life.
See, e.g., Richard A. Epstein, Judicial Offensive Against Defense Of Marriage Act,
The Libertarian, Forbes.com, July 12, 2010, 1:28 p.m.2
(saying marriage licenses
must be extended to both polygamists and gays).

Kendra Albert@kendraserra· Feb 24

He clearly has a wide variety in the type of sources he likes to cite. sblog.s3.amazonaws.com/wp-content/u...

blogs.cbn.com/thebrodyfile/archive/2008/03/31/
obama-says-he-doesnt-want-his-daughters-
punished-with-a.aspx……………………35 & n.21
Xan Brooks, Peter O’Toole: a career in clips, The
Guardian (London), Dec. 15, 2013, 6:58 p.m.,
http://www.theguardian.com/film/filmblog/2013/
dec/15/peter-o-toole-dies-81-movies-
clips……………………………………….28, 29 n.15
Dirty Dancing (directed by Emile Ardolino (Great
American Films Limited Partnership/Vestron
Pictures 1987))……………………………27 & n.13
Francisco Goya, Saturn Eating His Children (1819-
1823), available at, e.g., http://eeweems.com/
goya/saturn.html (courtesy of Erik E.
Weems)………………………………...30, 31 & n.18
Georg Friedrich Handel, Theodora (1749)………….29
Gravity (directed by Alfonso Cuarón (Esperanto
Filmoj/Heyday Films/Warner Bros. Pictures
2013))…………………………………..31 & n.19, 32
2 Maccabees, ch. 7………………………………………29
Matthew 2:16-18………………………………………..30
Monty Python, Every Sperm Is Sacred (from the film
Monty Python’s The Meaning of Life (directed by
Terry Jones (Universal Pictures
1983))…………………………………..29 & n.16, 30

Kendra Albert@kendraserra· Feb 23

I love this brief opening, written by @sellars.bsky.social. (From our amicus brief filed today in the Media Matters case - you can read the full thing here - www.documentcloud.org/documents/27...)

“[A]ll investigative techniques are subject to abuse and can conceivably be used to oppress citizens and groups, rather than further proper law enforcement goals.” Reporters Comm. for Freedom of the Press v. AT&T, 593 F.2d 1030, 1064(D.C. Cir. 1978). If such abuse seemed speculative when this Court wrote thosewords, it is no longer. This is the experience of Media Matters. Before this action, theFederal Trade Commission (FTC) had been conspicuously silent on “what, if any, law Media Matters was being investigated for possibly violating, or what conduct of Media Matters is under investigation.” Media Matters for Am. v. FTC, No. 25-5302,2025 WL 2988966 at *10 (D.C. Cir. Oct. 23, 2025) (per curiam) [hereinafter StayOrder]. Instead, the Commission opened an investigation, kept it open, and argues that Media Matters should have no opportunity for judicial oversight unless the FTC itself goes to court. See Media Matters for Am. v. FTC, 805 F. Supp. 3d 105, 112(D.D.C. 2025) (“According to the FTC, a recipient of a CID that violates the First Amendment may only challenge the CID if the FTC chooses to bring suit itself.”);App’t Br. at 15. Under such a rule, the FTC could hang a Subpoena of Damocles over any organization. Forever.

Kendra Albert@kendraserra· Feb 23

I had an absolute blast walking 10 miles from Overbrook to Miquon today in the rain with 11 other hardy souls. We were, however, too chicken to climb up and check out the source of this waterfall.