Civil Liberties
1,371 Articles

How Much Liberty Must We Give Up? A Constitutional Analysis of the Coronavirus Lockdown Proposals
The U.S. Constitution allows the federal government to impose quarantines and lockdowns for a pandemic like novel coronavirus, but here's how the due process clause also limits…

Threats to Democracy Spread with the Virus, We Must Keep Both in Check
In Hungary, the parliament has lost the ability to check the power of Viktor Orbán and his executive branch.

Beware of Political Manipulation in Assessing Success Against the Coronavirus
Now, at a moment when we need a coordinated and transparent global response, the full scale and scope of the global democratic erosion comes into view.

How to Think About the Right to Privacy and Using Location Data to Fight COVID-19
"Government officials need to listen to stakeholders and technologists who are not trying to promote private companies’ interests in infection control programs."

Public Officials Can’t Block Critics from Official Social Media Accounts
Last week, the U.S. Court of Appeals for the Second Circuit denied the Trump administration’s request for full court review of last year’s decision holding that the president…

Keeping an Eye on the Civil Liberties Impact of Trump’s Coronavirus Response
Now is the time to be vigilant for attempts to leverage the crisis to obtain or retain powers that unnecessarily infringe on rights and liberties.

Pompeo’s “Rights Commission” is Worse Than Feared: Part I
Human rights groups have sued to shut it down. A study of its hearings shows its anti-rights leanings are even worse than feared.

Pandemics and Human Rights
Some governments use a crisis as a pretext to infringe rights. Others retain over-broad emergency powers after the crisis subsides.

West Africa’s Democratic Progress is Slipping Away, Even as Region’s Significance Grows
Democratic norms may erode further in 2020, says Freedom House. The fundamental rights of West Africa’s nearly 400 million people are in jeopardy.

An Ambitious Reading of Facebook’s Content Regulation White Paper
How might we move toward accountability in the face of irreconcilable clashes between Rights-era and Public Health-era values, particularly given the serious practical and civil…

Revised Justice Department Policy Still Silences Immigration Judges
Some of the sharpest critics of the Trump administration’s immigration policies are the former immigration judges who were once charged with enforcing them. But there’s a reason…

Improve FISA on Civil Liberties by Strengthening Amici
A series of recommendations could position amici to make forceful civil liberties and privacy arguments, effecting change from within the FISA court system.