Civil Liberties
1,428 Articles
Charlie Hebdo, The Interview, and Censoring Torture Photos
In France and the United States, there seems to be near-universal agreement that to self-censor because of threats of violence is unwise and cowardly. The slogan “Je Suis Charlie,”…
The Torture Report, the CIA’s “Work of Fiction,” and a Friday-afternoon Letter From DOJ
In an earlier post, I called attention to the revelation in the Senate torture report that the CIA contemplated disclosing information about the torture program under cover of…
Decrypting John Boehner on the Capitol Bomb Plotter
An Ohio man was recently charged with plotting to blow up the U.S. Captiol, and House Speaker John Boehner appears to be claiming that the NSA’s controversial bulk telephony…
Al-Marri’s End and the Failed Experiment of Domestic Military Detention
In the coming days, Ali al-Marri, former enemy combatant, is scheduled to be released from federal criminal custody, clearing the way for his removal by immigration officials to…
US Government Seeks to Deny Twitter’s “Warrant Canary” Challenge
On Friday, the Justice Department asked a federal district court to brush away a lawsuit filed in October by Twitter seeking greater freedom to publicly report on the numbers and…
A Turning Point in the Afghan War?
[Editors’ Note: 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…
The Shrinking Military Commissions
Yesterday’s news that the Convening Authority for the Guantánamo military commissions has “disapproved the findings and sentence,” and dismissed the charges…
Avoiding a “Militant Democratic” Response to the Paris Attacks
The dreadful Paris attack, even more than the recent and similar attacks in Australia and Canada, is likely to produce a demand for strong action. This is not only because the…
14 National Security Law “Heroes” in 2014
We spend a lot of time on this blog being critical–of people; of institutions; of judicial decisions; and of policy developments But as 2014 draws to a close, I thought it…
New Article (and February 2015 Symposium) on Prosecuting Military Detainees in Civilian Courts
Hot off the e-presses, the published version of my Cardozo Law Review article on “Terrorism Prosecutions and the Problem of Constitutional Cross-Ruffing” is now available…
Human Rights in the Digital Age
We are in a period of profound societal change and disruption, almost a tectonic shift, brought on by the rapid expansion of digital communication infrastructure and exponential…
Remedies for Egregious Constitutional Violations and the Topside D.C. Circuit Briefing in Meshal
Back in June, I wrote a long post about the D.C. district court’s decision in Meshal v. Higgenbotham, in which Judge Sullivan dismissed a damages suit brought by a U.S.…