Democracy & Rule of Law
Just Security’s expert authors provide analysis on threats and challenges to democracy and the rule of law in the United States and globally. Coverage includes analysis of the separation of powers, good governance, democratic backsliding, authoritarianism, judicial independence, freedom of the press and association, and accountability for rule of law violations.
3,152 Articles

The FBI Wants Schools to Spy on Their Students’ Thoughts
Imagine you’re a high school principal. An FBI document lands on your desk. It’s called “Preventing Violent Extremism in Schools,” and it’s alarming. According to the…

We Need to Know More About How the Government Censors Its Employees
In December, in a series of editorials published in The Washington Post and Just Security, Jack Goldsmith and Oona Hathaway made the case for reforming the government’s broken…

Reminder: You Should Care About Mass Surveillance, Even if You’ve Done Nothing Wrong
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…

UK Government Introduces Revised Investigatory Powers Bill in Parliament
Yesterday, the UK government introduced a revised version of its Investigatory Powers Bill (aka the “snooper’s charter”) to Parliament. The bill seeks to consolidate, for…

A Readers’ Guide to the Apple All Writs Act Cases
The last few weeks and months have been awash in media coverage of two cases before magistrate judges involving the federal government seeking to use the All Writs Act to compel…

The State Department’s Records and Response Problems Are Not New, They’re Systemic
The State Department’s records management, FOIA compliance, and oversight responsiveness have endured withering scrutiny in court and on Capitol Hill since disclosure of Hillary…

Torture and Transparency in the Military Commissions
America’s war court is back in session at Guantánamo, with yet more pretrial proceedings in the case of the five 9/11 defendants (alleged mastermind Khalid Sheikh Mohammed,…

Apple vs. FBI: “Just This Once”?
I wrote about the FBI’s attempt to force Apple to write an iPhone hacking tool for the bureau over at Time last week — and go read that if you’re getting caught up on the…

Building Civil Liberties Protections Into the EU’s Latest Border Discussions
European officials are renewing efforts to secure their borders in the wake of last November’s Paris attack. At the end of last month, EU Interior Ministers met to solidify cooperation…

Justice Scalia, Privacy, and Where We Go From Here
When you work in privacy and civil liberties, you get accustomed to having strange bedfellows. Senator Bernie Sanders, Democratic socialist presidential candidate from Vermont,…

FBI’s Push to “Fix a Typo” Would Really Expand Its Surveillance Authority
At last week’s Senate Intelligence Committee hearing on Worldwide Threats, FBI Director James Comey reiterated his call for a major expansion of the FBI’s surveillance authorities,…

Law Enforcement Online: Innovative Doesn’t Mean Illegal
Even the Wild West needed a sheriff. And today’s law enforcement agents, to be effective, need more than a Colt .45 and a gold star. Criminal actors have an increasing ability…