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Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform

An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.
Ian James Mwai (R), 23, browses social media platforms on his mobile phone with a member of his outfit of social media influencers at an office in Thika town, central Kenya on April 26, 2022. He was in the vanguard of the growing ranks of influencers feverishly punching keyboards and hoping to tilt the outcome of the country's high-stakes elections, being conducted today, Aug. 9. The rising dominance of apps like Twitter and Facebook has opened a new front in Kenyan politics, with candidates desperate to draw the attention of the country's 12 million social media users.

Banning Content Platforms is Not a Solution to Hate Speech on the Internet, Even When the Platform is Meta

Governments should recognize that pulling the plug on the internet – or on an entire social media platform – is not a viable solution to the spread of hate speech or misinformation…
Members of the DC National Guard are deployed outside of the US Capitol in Washington DC on January 6, 2021. - Donald Trump's supporters stormed a session of Congress held today, January 6, to certify Joe Biden's election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup.

The Biden Administration’s Senseless Opposition to Congress’s Effort to Prevent Abusive National Guard Deployments

Section 516 of the NDAA is a commonsense reform that would prevent a president from borrowing the National Guard of a political ally to use it as a domestic police force in an…
Image: A group of about 12 men, all wearing white cowboy hats, sit around a conference table. Texas Governor Greg Abbott sits at the end of the table, speaking, in front of the seal of the state of Texas and flanked by American and Texas flags. AUSTIN, TX - JULY 10: Texas Gov. Greg Abbott speaks during a border security briefing with sheriffs from border communities at the Texas State Capitol on July 10, 2021 in Austin, Texas. (Photo by Tamir Kalifa/Getty Images)

The Biden Administration’s Options for Responding to Abbott’s Unconstitutional Border Enforcement Executive Order

The Texas governor has invoked war powers to respond to migrant arrivals at the border - potentially usurping federal prerogatives.
Vice President Mike Pence and Speaker of the House Nancy Pelosi, D-Calif., stand after to reading the final certification of Electoral College votes cast in November's presidential election during a joint session of Congress, after working through the night, at the Capitol on January 7, 2021 in Washington, DC.

A Historical Perspective on Alternate Electors: Lessons from Hayes-Tilden

The attempt to overturn the results of the 2020 election has raised questions about a historical example in which self-proclaimed electoral votes were sent to, and considered by,…
The US Constitution with a gavel laid on it.

The Independent State Legislature Theory Should Horrify Supreme Court’s Originalists

With grant of cert in Moore v. Harper, the Supreme Court has teed up question of the independent state legislature theory, which "would have sweeping and dangerous implications…
A person on a bicycle participates in a demonstration called Roll4Justice on July 4, 2020 in Minneapolis, Minnesota. The biker carries a sign reading, “Dissent is the highest form of Patriotism. I believe we can do better.” An American flag is attached to the bike. In the background, another bike wheel is shown as well as a car driving with an open trunk. No other demonstrators are otherwise shown in the photograph.

Protecting the Freedom of Peaceful Assembly After Bruen: A Roadmap for State Lawmakers

Presence of firearms at "sensitive places" may implicate First Amendment rights of peaceful protesters, the fundamental right to vote, and the safety of lawmakers carrying out…
Image: Italian activists train Palestinian girls to ride skateboards in Gaza City on January 6, 2020. Under the new West Bank ordinance, the ability of foreign volunteers or employees to implement similar programs in the West Bank would be curtailed. (Photo by MAHMUD HAMS/AFP via Getty Images)

Israel’s West Bank Ordinance: The Latest Effort to Suppress Palestinian Civil Society

The new law will severely curtail academic, economic, and personal contacts between Palestinians and the world. It fits a larger pattern.
Just Security

Still at War: The United States in Iraq

There are both benefits and risks to maintaining a U.S. military presence in Iraq.
Woman looking at cell phone with information on Abortion Pill (RU-486) for unintended pregnancy.

With Roe v. Wade at Risk, Digital Surveillance Threatens Reproductive Freedom

If Roe is overturned, states will likely use sweeping digital surveillance tools to enforce abortion bans.
WASHINGTON, DC - JANUARY 07, 2021: Vice President Mike Pence and Speaker of the House Nancy Pelosi, D-Calif., stand after reading the final certification of Electoral College votes cast in the November 2020 presidential election during a joint session of Congress, after working through the night, at the Capitol on January 7, 2021 in Washington, DC. Congress reconvened to ratify President-elect Joe Biden's 306-232 Electoral College win over President Donald Trump, hours after a pro-Trump mob broke into the U.S. Capitol and disrupted proceedings. (Photo by J. Scott Applewhite - Pool/Getty Images)

Trump’s Next Presidential Coup Attempt Could Work

Flawed laws, enacted in 1845 and 1887, create a dangerous opportunity.
A man carries a banner during a demonstration at Ojota in Lagos on June 12, 2021, as Nigerian activists called for nationwide protests over what they criticise as bad governance and insecurity, as well as the recent ban of US social media platform Twitter by the government of President Muhammadu Buhari. - Hundreds of protesters gathered on June 12, 2021 in Lagos, a sprawling megapolis of over 20 million people, and police fired tear gas to disperse the crowd. (Photo by PIUS UTOMI EKPEI / AFP) (Photo by PIUS UTOMI EKPEI/AFP via Getty Images)

What Elon Musk Does Not Get about Twitter and Democracy in Africa

Deferring to local laws to determine the bounds of free speech on Twitter - and Musk has suggested doing - would jeopardize hard-won democratic freedoms in Africa.
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