Judges, Social Media, and the First Amendment
Southern Methodist Student Chapter
SMU Dedman School of Law
3315 Daniel Avenue
Dallas, TX 75275
3315 Daniel Avenue
Dallas, TX 75275
Justice, Fifth District Court of Appeals
Justice John Browning was appointed to the Fifth District Court of Appeals by Governor Greg Abbott on August 24, 2020. Before joining the Court, he was a trial and appellate lawyer for thirty-one years as a partner with large national law firms and his own small law firm. While in private practice, Justice Browning’s vast experience encompassed personal injury and wrongful death; product liability; commercial litigation; intellectual property disputes; employment matters; consumer protection and DTPA cases; professional liability; health care; class action litigation; defamation and media law; and cyberliability and data privacy. He is admitted in both Texas and Oklahoma, as well as before the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, the Western District of Oklahoma, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. Supreme Court.
Justice Browning received bachelors degrees in History and Comparative Literature in 1986 from Rutgers University, where he was a National Merit Scholar, Phi Beta Kappa, and Henry Rutgers Scholar. He received his J.D. in 1989 from the University of Texas School of Law, where he received awards for legal writing and advocacy. A former varsity tennis player and teaching professional, Justice Browning won tournaments at the local, state, national, and international levels. During his years in private practice, Justice Browning was rated “AV Preeminent” (5.0 out of 5.0) by Martindale-Hubbell, designated a “Texas Super Lawyer” from 2005-2020, and named to a variety of “Best Lawyers” lists and trial lawyer honorary societies.
Justice Browning has a long record of leadership and service to the bar, and has served as Chair of the Texas Bar Journal Editorial Advisory Board, as Chair of the Computer & Technology Section of the State Bar, as an appointed member of the Professional Ethics Committee, as a member of the State Bar Grievance Committee, as a member of the State Bar Jury Service Committee, and as President of the Rockwall County Bar Association. He also serves on the UT Law Alumni Association Executive Committee. Justice Browning is an elected member of the American Law Institute, a board member of SCRIBES, and a member of the Board of Trustees of the Texas Supreme Court Historical Society.
A noted legal author and CLE speaker, Justice Browning has received the Bar’s highest honors for legal writing, legal ethics, and public service. These include the State Bar of Texas Presidents’ Certificate of Merit; the Texas Bar Foundation’s Dan Rugeley Price Memorial Award; the Lola Wright Foundation Award for lifetime contributions to legal ethics; the Texas Bar College’s Patrick Nester Award for Outstanding Achievement in Continuing Legal Education; the Texas Bar College’s Jim Bowmer Professionalism Award; the Texas Bar Foundation’s Outstanding Law Review Article of the Year Award; the Texas Bar College’s Outstanding CLE Article of the Year Award; the Houston Bar Foundation’s Outstanding Legal Article of the Year Award; the DRI’s G. Duffield Smith Outstanding Publication of the Year Award; the J.L. Turner Foundation Award for Contributions to Legal History; and the Burton Award for Distinguished Achievement in Legal Writing (2009, 2010, 2012, 2014). Justice Browning is the author of four law books, more than forty law review articles, and hundreds of other articles on legal subjects.
Founder, Original Jurisdiction
David Lat is a lawyer turned writer. He publishes Original Jurisdiction, a newsletter on Substack about law and legal affairs, and he writes for newspapers and magazines, including the New York Times, Washington Post, and Wall Street Journal. Prior to launching Original Jurisdiction, David founded Above the Law, one of the nation's most widely read legal news websites, and Underneath Their Robes, a popular blog about federal judges that he wrote under a pseudonym. He is also the author of a novel set in the world of the federal courts, Supreme Ambitions. Before entering the media world, David worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal.
Judge, U.S. Court of Appeals, Fifth Circuit
Don Willett serves on the United States Court of Appeals for the Fifth Circuit.
Before joining the federal bench, Judge Willett served 13 years on the Supreme Court
of Texas. His career spans decades of public service, including roles as legal counsel to
a Texas Attorney General, a Texas Governor, a U.S. Attorney General, and the
President of the United States.
Raised by a heroic widowed mom in a doublewide trailer in a town of 32, Judge
Willett is his family’s first college graduate. He earned a triple-major B.B.A. from Baylor
University—where he serves on the Board of Regents—and three degrees from Duke
University—where he serves on the Board of Visitors: a J.D. with honors, an A.M. in
political science, and an LL.M. in judicial studies. After law school, he clerked on the
Fifth Circuit and practiced at Haynes and Boone before entering public service.
Judge Willett publishes widely in both leading law reviews and national media, including
The Yale Law Journal, The University of Pennsylvania Law Review, and The Wall Street
Journal. The longtime editor-in-chief of Judicature—the Scholarly Journal for Judges, he
holds academic appointments at various law schools and has received more than a
dozen Green Bag honors for “exemplary legal writing.” He was named Distinguished
Jurist of the Year by the Texas Review of Law & Politics, and he is a member of the
American Law Institute and a Life Fellow of the American, Texas, and Austin Bar
Foundations.
A onetime bull rider and professional drummer, Judge Willett was named “Tweeter
Laureate of Texas” in 2015. He is the namesake of Don R. Willett Elementary
School—home of mighty Willett Wranglers—located just a mile from where he grew up.
He and his radiant wife, Tiffany have three children—Jacob, Shane-David, and
Geneviève—plus the family pup, Amicus.