Constitution
688 Articles

Trump’s Extortion of Ukraine Is an Impeachable Abuse of Power
The publicly known facts about President Trump’s interactions with Ukraine constitute a prima facie case for impeachment based on abuse of presidential power.

Contesting the Legality of Internet Shutdowns
As government communications shutdowns become more frequent, legal challenges citing international human rights law and domestic constitutional protections are also on the rise.…

Constitution Day 2019: The Hidden Domestic Surveillance Crisis
As we mark the 232nd anniversary of the signing of America’s governing charter, we have ample evidence that it continues to be violated by the federal officials charged with…
L’Affaire d’Assange: Why His Extradition May Be Blocked
The Department of Justice’s release of a superseding indictment accusing Julian Assange of numerous Espionage Act violations has stirred grave concern among defenders of a free…

Indictment of Assange for Espionage Directly Threatens Press Freedoms
This article is co-published with The Bulwark. Boy, did I ever get this wrong. Back in mid-April, when the Department of Justice unveiled an indictment of Julian Assange,…

Bill Barr’s Extreme Views on War Powers Mean Congress’s Window to Stop War with Iran is Now
Attorney General Barr’s extreme past positions on unilateral presidential power could cut out any required role for Congress in authorizing or rejecting war. Here's what Congress…

Why the Christchurch Call to Remove Online Terror Content Triggers Free Speech Concerns
In deciding whether to endorse the Christchurch Call, the question for U.S. policymakers was whether the text essentially called on the U.S. or others to act inconsistently with…

Trump’s `Fake News’ Tirades Embolden Arab Leaders’ Crackdowns
President Donald Trump’s discourse on fake news has created a dangerous environment, and not only for journalists working in the United States. Autocrats in countries of the…

Split Over Compelled Decryption Deepens With Massachusetts Case
Encryption is as omnipresent as computers, tablets, and smartphones. Yet the Supreme Court has not provided guidance on the constitutional implications of compelling a suspect…

Assange Indictment Is Shot Across the Bow of Press Freedom
"The indictment seems to have been drafted not just to justify the prosecution of Assange but to tar legitimate journalistic activities by association with Assange’s alleged…

Q&A: Does an Assange Prosecution Pose a Threat to Freedom of the Press?
Julian Assange's arrest raises the prospect that he will be prosecuted for his role in facilitating various disclosures of classified national security information, which raises…

Citing ‘Fake News,’ Singapore Could Be Next to Quash Free Expression
Singapore has moved from outlier to trendsetter in the troubling transnational uptick in government efforts to restrict free expression. Amid an increase in arrests and prosecutions…