Constitution
708 Articles

Inching Toward a More Transparent Office of Legal Counsel
Analysis of DOJ Office of Legal Counsel's May 19, 2023 release of a new index of unclassified OLC opinions written between 1998 and 2019.

As Title 42 Comes to an End, So Should Military Operations at the US-Mexico Border
"The militarization of the southern border not only stigmatizes migrants and asylum seekers but also undermines core legal principles designed to protect democracy and individual…

Advancing Global Human Rights Locally
"While U.S. states and localities may not enter into binding agreements with other nations or act contrary to federal law or policy according to legal precedent, U.S. states and…

Spyware Out of the Shadows: The Need for A New International Regulatory Approach
We urgently need a system where the developers of spyware tools are forced either to require their State customers to provide credible guarantees on future human rights compliance,…

Montana is Trying to Ban TikTok. What Does the First Amendment Have to Say?
The current debate's failure to engage a complex reality serves neither the interests of national security nor freedom of expression.

Freedom of Expression and Media Freedom as a Driver for All Human Rights
Freedom of expression is protected in international law, because, without it, democracy and the rule of law wither away. A free press is a vital aspect.

Tracker: Litigation and Legislation on the “Insurrection Bar” to Office – Section 3 of the Fourteenth Amendment
A comprehensive database of efforts to bar from public office individuals who engaged in the January 6th insurrection.

The Just Security Podcast: Supreme Court Ethics 101
To help us understand judicial ethics and what can be done to keep the Justices accountable, we have Caroline Fredrickson and Alan Neff.

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…