Civil Liberties
1,368 Articles
Charlie Hebdo and Hate Speech: Don’t Prosecute the Messenger
Nine months after their offices were attacked by Muslim extremists, Charlie Hebdo’s cartoonists are facing calls for prosecution for allegedly inciting hatred through cartoons…
Six National Security Questions Presidential Candidates Should Have To Answer
A lot of ink has already been spilled on Carly Fiorina’s … strange … focus in last week’s Republican debate on expanding the (already massive) Sixth Fleet as one of the…
Monday Reflection: Dark Birthday Edition
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Lifting the Gag Order on One NSL is Good, But It’s Just a Start
Earlier this week, the public got a look at that rare occurrence in a national security case: a court lifting a gag on the recipient of a surveillance request. On August 28, Judge…
ECPA Reform: A Primer
Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
Self-Censorship in Action: The British Library Rejects Taliban Archive
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
DOJ’s New Stingray Policy is a Good Start, But It’s Got Problems
Last Thursday afternoon, just as we were all heading out for the Labor Day weekend, the Justice Department released new policy guidance on the use of cell-site simulator technology.…
The Microsoft Warrant Case: Response #2 to Orin Kerr
Over at the Volokh Conspiracy, Orin Kerr responds, point by point, to my disagreement with his take on the Microsoft warrant case. I thank Kerr for continuing the conversation,…
The Microsoft Warrant Case: A Response to Orin Kerr
With less than a week before the Second Circuit considers the dispute between Microsoft and the government over emails stored in Ireland (an issue I have blogged about here, here,…
The Difficulty With Metaphors and the Fourth Amendment
The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our “persons, houses, papers, and effects” are to be protected…
Better Never Than Late? The D.C. Circuit’s Problematic Standing Holding in Klayman
This morning, nearly 10 months after it was argued, the D.C. Circuit finally handed down its decision in Obama v. Klayman—the government’s appeal of Judge Leon’s December…
Armed Drones and the Influence of Big Business on Police Surveillance Technology
On Wednesday, the Daily Beast reported that the North Dakota state legislature recently passed a bill allowing law enforcement drones to carry less-than-lethal weapons. In theory,…