Constitution
706 Articles
Freedom of Expression and Political Controversy: The ECtHR’s BDS Judgment
In its June 11 Baldassi et al v. France judgment (French original not yet translated), the European Court of Human Rights (ECtHR) confirmed and reinforced the fundamental right…
Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book
Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction.
Questions for the Government in the Bolton Book TRO Hearing(s)
Goldsmith and Lederman deliver up a series of questions that will expose the strengths and weaknesses of the government's claims.
A Conversation With U.N. Special Rapporteur Ahmed Shaheed: COVID-19 and Freedom of Belief
Editor’s Note: This piece is part of Just Security’s United Nations Special Rapporteurs on #COVID-19 series, in which mandate holders offer their views on pressing…
Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]
An explainer about some common misconceptions, and how the litigation will likely play out.
Statement of Homeland and National Security Leaders
Former Republican and Democratic cabinet members and other senior officials speak out about protests, use of the military, racial justice, and policing.
The Strength of America’s Apolitical Military
A statement by former U.S. ambassadors, Generals and Admirals, senior officials on the response to nationwide protests for racial justice.
The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”
Whether deployed against protests for racial justice or deployed to interfere with free and fair elections in November, the US military operations would be led by Bill Barr, not…
What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?
Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
Ignore Trump’s Twitter Tantrum Executive Order and Address Disinformation Instead
The solution is not to give government or platforms more power to make opaque, arbitrary decisions on content, but to help users protect themselves.
The President and the Domestic Deployment of the Military: Answers to Five Key Questions
Can President Trump use the military without governors' consent? What are the rules for the use of force?
Trump’s Empty “Withdrawal” from the World Health Organization
WHO withdrawal can't take legal effect until mid-2021 per federal law. That plus other formidable legal obstacles may yet stand in Trump's way.