Bill of Rights
Highlights:
The Trump Administration’s Use of State Power: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This graphic offers one method.
The Just Security Podcast: Keeping Track of the Big Picture–Challenges to Press Freedom and Beyond
A discussion with Rebecca Hamilton about the use of State power and how to identify linkages between individual developments and broader trends in press freedom and beyond.
Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.
DOGE’s Growing Reach into Personal Data: What it Means for Human Rights
Congress should update the Privacy Act to prevent DOGE from violating U.S. international rights obligations.
Introduction to Series: Data Preservation Under the Trump Administration
A new series on what is at stake — and what can be done — to ensure government information remains publicly accessible and properly stored.
The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…
34 Articles
Regulated Democracy and Regulated Speech
Lawmakers are right to worry about platforms’ power over public discourse and democracy. But legislative responses too often seek to empower the government to set new rules for…
Regulating Social Media Platforms: Government, Speech, and the Law
Launching a new series with leading experts on regulating the information environment, co-organized by NYU Stern Center for Business and Human Rights and Tech Policy Press.
The Just Security Podcast: Regulating Social Media — Is it Lawful, Feasible, and Desirable?
Is it lawful, feasible, and desirable for government actors to regulate social media platforms? A conversation with leading experts at the NYU Law Forum.
The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order
"In their apparent effort to give credence to the Trump Executive Order, Professors Barnett and Wurman indefensibly ignore these core, constitutive principles."
Court Says Warrant Needed for U.S. Person Queries of FISA Section 702 Data
Judge Hall’s Hasbajrami decision marks the first time a court has ruled that U.S. person queries of FISA Section 702 data must be performed pursuant to a warrant or an exception…
Birthright Citizenship and Undocumented Immigrants
"If the new administration goes through with this proposal whether by executive action or legislation, courts should and most likely would strike it down."
Rising Authoritarianism and Plutocracy Are a Dangerous Mix for Press Freedom
U.S. democracy appears so strong as to be unbreakable. But the billionaire class is its weakest point: small, concentrated, and all too often uninterested in following the rules…
Beyond AI Safety Narratives: How to Craft Tech-Agnostic and Neo-Luddite Futures
It is essential to take a tech-agnostic and neo-Luddite approach to challenge the power accumulated by the architects of AI.
Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)
Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.
Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox)
Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.
In Trump Case, Procedures Exist to Safeguard the Former President’s Right to an Impartial Jury
"[E]nsuring that Trump receives a fair trial while maintaining his Sixth Amendment rights is a necessary step on the path toward accountability."
Canvassing Deserts: When Obstacles to Reaching Urban Voters Become Voter Suppression
Political canvassers operate at the grassroots of participatory democracy. They are coming in droves this election cycle, flocking to homes in swing districts. Their door-knocking…