Constitution
686 Articles

Two Supreme Court Cases Could “Break the Internet”: What Role Should Free Speech Play?
Instead of demonstrating eagerness to reconsider Section 230, the Justices appeared unsure about how exactly the law should be interpreted.

The Manhattan DA’s Charges and Trump’s Defenses: A Detailed Preview
Analyzing DA Bragg's options for felony charges, including campaign finance crimes and conspiracy to prevent an election, and Trump's defenses.

Is Meta Up for the Challenge Now That It’s Reinstated Trump?
Meta has struggled to articulate clear, accessible policies on content moderation that are sufficiently flexible to respond to evolving threats.

The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches
There are targeted, sensible reforms regarding use of Section 702-acquired information by the FBI for non-national security investigations that would avoid throwing the baby out…

Mind the Gap: The UK is About to Set Problematic Precedents on Content Regulation
Potentially positive elements of the UK's Online Safety Bill "are overshadowed and at risk of being negated by some of the more politically-motivated, hyperbolic aspects. The House…

The Just Security Podcast: Eliminating the Judicial “Blue Slip”
An obscure process called the “blue slip,” allows a single Senator to stop a judicial nomination in its tracks.

The Year of Section 702 Reform, Part I: Backdoor Searches
Requiring a warrant for U.S. person queries honors the balance between security and liberty struck in the Fourth Amendment and ensures that Section 702 can’t be used to get around…

Facebook Beware: The “Rest of World” is Hitting Back
A constitutional petition in Kenya asks its High Court to order Facebook to change its algorithm to demote inciteful, hateful and dangerous content.

Dear Senator Durbin, It’s Time to End the “Blue Slip” for Judicial Nominees
It's long past time for the Senate to abandon the anti-democratic "blue slip" process for judicial nominations.

The Just Security Podcast: How Should the Press Cover Democracy?
To discuss how the press can better report on diverse communities and cooperate globally we have Erin Carroll and Rebecca Hamilton.

Do State Laws Block Insurrectionists from Office?
The next two years are likely to see a test of what may turn out to be the most legally consequential recommendation—other than the suggestion of criminal charges—made by the…

It’s Past Time to Take Social Media Content Moderation In-House
Editor’s Note: This essay is co-published with Tech Policy Press. Barrett is the deputy director of the NYU Stern Center for Business and Human Rights, where he writes about…