Constitution
686 Articles

The Facebook Oversight Board: An Experiment in Self-Regulation
It's not a "Supreme Court," as Mark Zuckerberg suggested, but it might be the most interesting development in social media self-regulation in a decade.

From “Enemy of the People” to “Essential”: The Pandemic Creates an Opening for the Press
World Press Freedom Day is a reminder that we need to emerge from this crisis ready to reimagine how to support news media as critical infrastructure.

Broadcasters and Trump’s False Information on Coronavirus: What Role for the FCC?
Should the regulator require disclosure when information aired is false or scientifically suspect? Maybe "no" is the best answer.

Federal vs. State Powers in Rush to Reopen Amid Coronavirus Pandemic
As governors start reopening their states, what could the White House and federal government do to stop it if the feds wanted to?

Can Governors Close Their Borders to Pandemic Risks?
COVID-19 is not the first pandemic affecting America, and will not be the last. Under such circumstances, states have well-recognized authority to limit travel within and across…

Is the Roberts Court Going to Let Coronavirus Kill Us?
It is looking increasingly as though a nationwide program of testing, and hopefully vaccination, may be the only way to stop the spread of the novel coronavirus and bring back…

Governors and Mayors, Beware: Lawsuits Opposing Coronavirus Mitigation Orders Are a Real Threat
Lessons from when Confederacy-sympathizing judges tried to prevent Lincoln from saving the republic. By leading legal historian David Golove.

Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?
There are reasons to be wary of lawsuits as a tactic for controlling the information that media outlets disseminate, even if it is to punish Fox News.

Military’s Response to the Coronavirus Crisis: Top 10 Principles
Ten key principles to follow as policymakers seek to utilize the military in a manner that is innovative, responsive to the crisis, and consistent with the rule of law.

The Espionage Act Reform Bill Addresses Key Press Concerns
On March 5, Senator Ron Wyden (D-Ore.) and Representative Ro Khanna (D-Calif.) introduced sorely needed legislation to reform the Espionage Act.

The Coronavirus, Emergency Powers, and the Military: What You Need to Know
The global coronavirus crisis continues to unfold at lightning speed, disrupting travel, the economy, and everyday life. In response to the pandemic, President Donald Trump declared…

An Ambitious Reading of Facebook’s Content Regulation White Paper
How might we move toward accountability in the face of irreconcilable clashes between Rights-era and Public Health-era values, particularly given the serious practical and civil…