Civil Liberties
1,361 Articles
In 2019, Will the Global March of Authoritarianism Turn Into a Stampede … or a Slog?
The global march of authoritarianism is off to a vigorous start this year. And if 2018 and the impending milestones of 2019 are any indication, the standoff between democracy and…
Annotation of the Pentagon Report to Congress on Detainee Abuse by U.S. Partners in Yemen
In a mere two pages of carefully parsed prose, DoD has provided what can only be described as a deliberately misleading and deceptively evasive account of U.S. and Emirati actions…
Untangling the Issues in the “Transgender in the Military” Litigation
A few weeks ago, the Department of Justice made something of a splash by filing petitions for certiorari “before judgment” in three of the pending cases challenging then-Secretary…
Give Up the Ghost: A Backdoor by Another Name
Government Communications Headquarters (GCHQ,) the UK’s counterpart to the National Security Agency (NSA), has fired the latest shot in the crypto wars. In a post to Lawfare…
New Approach After Charlottesville Violence Protects Public Safety While Preserving Rights
When right-wing nationalists try to weaponize the First Amendment to the U.S. Constitution, states can use their own constitutional and statutory provisions to prohibit private…
Russia’s Tightening Control of Cyberspace Within its Borders
Russian proposals to ban certain materials online and to block search engines that don’t comply with requests of state authorities highlight the need to beware of domestic policies…
The UK Government’s Weak Response to Torture Reports
The UK government has published its response to two reports published this summer by the UK Parliament’s Intelligence and Security Committee (ISC) on “Detainee Mistreatment…
10 Ways the U.S. Can Curb Interpol Abuses
Interpol serves a good purpose, and it has good rules. But not all members are as good as its rules. The U.S. can take steps, on its own or with others, to limit abuses and shield…
Criminalizing Speech to Protect Religious Peace? The ECtHR Ruling in E.S. v. Austria
It is 2008. A far-right party in Austria hosts seminars that are free to attend and advertised to the public. The subject of one such seminar series is “Basic Information on…
What Not To Believe About Interpol—Exploding Five Myths
If Interpol is to be fixed so that it operates according to its own rules, it is necessary to know the difference between how it actually works, and the myths that are widely believed.
Legal Analysis of “Cabinet Memo” on the Military’s Role at Southern Border
Avoidance of military involvement in civil society is part of America's political culture and heritage. The new White House order on U.S. Army role at the southwest border threatens…
Birthright Citizenship for Children of Unlawful U.S. Immigrants Remains an Open Question
Shortly before the midterm elections, President Trump stirred up a hornet’s nest in suggesting he could, by executive order, withdraw the right to citizenship at birth from children…