Civil Liberties

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The empty courtroom of the U.S. Supreme Court is seen September 30, 2016. Curtains are parted to reveal chairs, pews, and the seats for the judges at the front of the room.

Activism and Consequences

A response to Margulies and Azmy.
Demonstrators, including Reverend Jesse Jackson, rally in protest calling on US President Barack Obama to end the "War on Drugs." They carry a banner reading, “Day of Direct Action; President Obama and the Nations…End the War on Drugs and Mass incarceration; Invest in America’s ‘Dark Ghettos’”

With America Out of a Major Foreign War, Time to End One at Home

Many of the tragedies and sins associated with failure in the war in Afghanistan could equally apply to the "war on drugs.”
Michael Ratner, a US Military Defence Lawyer and one of the counsel in the US Supreme Court, listens during a press conference concerning the situation of prisoners in Guantanamo Bay in London, 24 March 2004.

The Humanity of Michael Ratner, The Fabrications of Samuel Moyn

Joseph Margulies and Baher Azmy write to set the record straight.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

In the “War on Terror,” What Did Rights Organizations Get Wrong?

A leading human rights lawyer raises provocative questions about track record of U.S. human rights organizations. An essay in advance of a live event on Thursday night to discuss…
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

The Path Not Taken: Reimagining the Post-9/11 World

What would the world today look like if the US had responded to the 9/11 attacks with criminal law instead of through the lens of war?
A man sits in front of a store with a sign on the windows reading, “Black Wall Street Corner Store and More” in the Greenwood neighborhood in Tulsa, Oklahoma, on May 31, 2021.

Why “Buy Black” Is Not Enough: The Devastating Legacy of the Tulsa Race Massacre

The Massacre destroyed not only Black generational wealth but also the political and civil power that is tied to economic success.
A prisoner paces in a gated indoor area before evening prayers at the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba.

What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause

The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.
Side by side photographs of law enforcement in full riot gear with helmets, shields, bullet proof vests, and camouflage clothing marching near Lafayette Park on June 1, 2020 and considerably less law enforcement in less imposing gear and without shields at the U.S. Capitol on January 6, 2021. The second photograph also shows white supremacists carrying flags and greatly outnumbering law enforcement. Law enforcement in the first photograph tear gassed protestors (not shown) who were protesting the murder of George Floyd and larger racial injustices. Law enforcement in the second photograph used minimal force against violent Trump supporters as they stormed the U.S. Capitol.

The National Guard at Lafayette Square and the January 6th Attempted Insurrection: Fixes for the FY2022 NDAA

Congress should close the loopholes that allow the federal government to circumvent the Posse Comitatus Act.
A member of the Belarusian diaspora in Ukraine, covered with a former national red and white flag of Belarus, stands next to a symbolic wreath to Aleksandr Lukashenko as he takes part in a rally outside Belarus embassy in Kiev on August 8, 2021. Police officers stand in front of a gated building.

`In Today’s Belarus, Living Outside of Politics is No Longer an Option’

The US and the EU must act swiftly, before more people are hurt or killed and before more damage is done to the credibility of democracy.
A public school and playground stands empty behind a closed gate on the Upper East Side on August 07, 2020 in the Manhattan borough of New York City.

From Suppressing the Tulsa Race Massacre to Critical Race Theory: The Privilege and Costs of Whitewashing History

(Editor’s Note: This article is part of a Just Security series that began in the runup to the hundredth anniversary of the Tulsa Race Massacre this year.)  In the past few months,…
A long list blown up in poster size of "public complaints" against Facebook policies, including the social media giant's political stances, data security lapses, politicization, privacy violations and misinformation, is taped to the outside of their office building during a protest led by the organization Public Citizen in Washington, DC, May 25, 2021.

Facebook’s New Dangerous Individuals and Organizations Policy Brings More Questions Than Answers

The company has responded to criticism with clarifications and revisions, but the rules require a fundamental rethink.
A cylindrical cipher device.

Encryption Originalism

Encryption originalism views strong encryption as the modern reemergence of Founding Era practice of employing—often unbreakable—ciphers.
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