Constitution
688 Articles

If Dianne Feinstein Were President
Tracking the rules pertaining to a disabled president, there should be a formal procedure allowing a senator to temporarily step aside.

The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA
There are gaps in FISA's coverage that collect American communications outside of any statutory framework and beyond the reach of courts.

Fox News’ Recent Setback Against Dominion Is a Major Victory for the First Amendment
A jury finding Fox News liable for defamation would be both a fair outcome and a victory for democracy and the First Amendment.

Trump’s Reinstatement on Social Media Platforms and Coded Forms of Incitement
Co-published with Tech Policy Press Over the past few weeks, major social media companies including Facebook, Twitter and YouTube reinstated former President Donald Trump’s social…

What Israel’s Judicial Crisis Can Teach Us About Our Own
Linkages in the Israeli debates of an independent judiciary to the protection of democracy suggests a cautionary note for the United States.

The Just Security Podcast: Is Evan Gershkovich’s Arrest the End of Free Press in Russia?
Evan’s arrest is Russia’s latest attempt to intimidate foreign correspondents reporting in the country. The threats are common tactics.

Transnational Repression Increasingly Reaches Into the United States
In countering transnational repression, "[c]ivil litigation provides a pathway for holding ... authoritarian regimes directly accountable, not just their hired guns, if significant…

How Lawmakers Hope to Sidestep Existing National Security Reviews to Target Foreign Investment
Though regulatory efforts have worked to monitor the app’s potential national security threats so far, politicians growing impatient.

Congress Should Limit, Not Expand, Irregular Warfare Authority
Section 1202 of the NDAA is an overbroad authority that risks widening the aperture for U.S. forces to engage in and direct combat in unauthorized, foreign wars.

Summit for Democracy: Trends in News Media’s Future, Forged in Ukraine
They face every obstacle. With support, they could help redefine how journalism reckons with era-defining challenges to the public sphere.

A Long-Forgotten Law Could Force the U.S. to Re-Evaluate its Relationship with Saudi Arabia
Section 502B(c) is a potent tool to accelerate congressional oversight of support to countries with concerning human rights records.

TikTok and the First Amendment
It’s unfortunately commonplace around the world for governments to invoke national security as a pretext for denying their citizens access to media. Historically, the United…