Constitution
706 Articles

The Oversight Board Needs Access to Facebook’s Algorithms to do its Job
Meta should cooperate with Board efforts to delve further into algorithms and provide it with access its needs for effective oversight.

Why Trump v. Anderson Undermines State Efforts to Hijack Immigration Enforcement
Faithful application of the Supreme Court’s federalism principles should doom Texas’s attempt to seize control of national immigration policy.

Imprisoned Writer Serving 9 Years Illustrates Vietnam’s Crackdown on Expression
Pham Doan Trang is in prison in Vietnam for her work as a writer. The U.S. can do more in trade deals to protect Vietnamese free speech.

What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios
Mapping different outcomes for the Court's decision on Trump's presidential immunity and the follow-on procedural pathways emerging from those scenarios.

Meta’s Oversight Board in a Historic Election Year: Nine Key Lessons for Industry
Meta's Oversight Board released a policy paper with recommendations for Meta and other social media companies on election content moderation.

Why No “Plain Statement Rule” Bars a President’s Prosecution for Murder
Drilling into the foundations of an idea - the 'plain statement rule' - discussed in Supreme Court oral argument on former President Trump's claims to presidential immunity.

Unpacking the FISA Section 702 Reauthorization Bill
The FISA reauthorization bill has something to interest everyone from addressing the use of U.S. person query terms to formalizing oversight.

The SAFE Act Is No “Compromise” and Won’t Leave Americans Safer
The SAFE Act would renew Section 702 of FISA, but only with changes that seriously undermine its agility and value as an indispensable foreign intelligence collection tool.

The Year(s) of Section 702 Reform, Part VI: (Another) Looming Deadline
Congress once again has an opportunity — and an obligation — to enact much-needed surveillance reforms to protect Americans’ privacy while ensuring that intelligence agencies…

Is Generative AI the Answer for the Failures of Content Moderation?
Companies ought to proceed cautiously and with transparency if they use generative AI for content moderation.

Tracking Tech Company Commitments to Combat the Misuse of AI in Elections
Tracking social media platforms' and AI companies' public commitments to combat deceptive uses of AI in the 2024 elections.

The Supreme Court Cannot Ignore the National Security Implications of the So-Called ‘Jawboning’ Case
Former senior DOJ official Mary McCord writes about "the necessity for government officials to be able to communicate freely with social media companies about the abuses of their…