Civil Liberties

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Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]

An explainer about some common misconceptions, and how the litigation will likely play out.
Protesters take video and photos of police in helmets and respirators on June 14, 2020 in Richmond, United States.

Black Lives Matter Might Just Rescue American Democracy

The movement forces Americans to recognize and confront the deep and longstanding connection between racist and authoritarian violence.
Members of the D.C. National Guard stand on the steps of the Lincoln Memorial as demonstrators, who are not seen in the image, participate in a peaceful protest against police brutality and the death of George Floyd, on June 2, 2020 in Washington, DC.

The Strength of America’s Apolitical Military

A statement by former U.S. ambassadors, Generals and Admirals, senior officials on the response to nationwide protests for racial justice.
Potesters lie on the ground in front of a line of police cars in the position that George Floyd was in when he died. June 6, 2020 - Los Angeles, United States

International Standards Regarding the Handling of Demonstrations

Just as much as nauseating scenes of excessive use of force by the police captured by media and citizens’ smartphones fly in the face of the protections that should be afforded…
A large number of police in riot gear including batons block protestors demonstrating against police brutality and the murder of George Floyd. Many protestors carry colorful umbrellas due to the bad weather. The umbrellas mostly obstruct the view of the front line of protestors but some police can be seen pushing protestors on the side.

What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?

Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
Side by side images of protests in Hong Kong and in New York City both on June 4th 2020. Protesters in both images wear face masks. In the Hong Kong demonstration, one person holds a sign reading (translated), “Five demands, not one less.” In the BLM protest in NYC, a sign has “NYPD” with a red circle and cancel line through it. It is night in Hong Kong and day in NYC.

Standing, Not-Standing with the Protesters: U.S. Policy on Hong Kong and BLM

... the PRC’s own hypocrisy is no reason to abandon Hong Kong. But if the U.S. government seeks to play a constructive role, it needs to check off certain items. First and foremost,…
A Black Lives Matter protest on June 4, 2020 in New York City. Demonstrators hold signs, one is a large picture of George Floyd, who was killed by police on May 25th. Other signs read, “Black Lives Matter,” “Color is not a crime,” “Brionna Taylor Say Her Name,” White Silence Equals Violence,” and “Stop Police Brutality.” Demonstrators wear face masks due to the coronavirus.

The United States’ Racial Justice Problem Is Also an International Human Rights Law Problem

An essay by United Nations Special Rapporteur on Contemporary Forms of Racism, Professor E. Tendayi Achiume.
Trump’s tweet from May 29th. Twitter marked the tweet with a banner reading, “This Tweet violated the Twitter Rules about glorifying violence. However, Twitter has determined that it may be in the public’s interest for the Tweet to remain accessible. Learn more” The tweet itself is not shown in this image.

Ignore Trump’s Twitter Tantrum Executive Order and Address Disinformation Instead

The solution is not to give government or platforms more power to make opaque, arbitrary decisions on content, but to help users protect themselves.
Police officers wearing riot gear shoot tear gas at demonstrators at St. John's Episcopal Church outside of the White House, June 1, 2020 in Washington D.C.

If We Could See Ourselves from the Outside

Can a change of perspective dislodge the assumed inevitability of an enduring democracy?
Police in riot gear but without face masks form a line blocking protesters who wear face masks in Washington, D.C. on June 3, 2020..

The U.S. Constitution and Limits on Detention and Use of Force in Handling Civil Unrest

Under what circumstances may the government use lethal and non- or lesser-lethal force in the face of unlawful protests, riots, and looting?
Red and blue Lights of police car in night time.

White Supremacist Infiltration of US Police Forces: Fact-Checking National Security Advisor O’Brien

What the available research says about systemic discrimination in law enforcement as well as links to racist and white supremacist ideology.
Protests

Far-Right Infiltrators and Agitators in George Floyd Protests: Indicators of White Supremacists

Evidence points to specific White Supremacist and far-right groups having infiltrated George Floyd protests, writes scholar of violent extremism, Georgia State University professor…
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