Constitution
708 Articles
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…
Norms Watch: Damage to Democracy and Rule of Law in March 2019
Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions…
As the Mueller Investigation Closes, New York Investigations Shift into High Gear
On Friday March 21, 2019, the investigation by Special Counsel Robert Mueller came to a close when he delivered his final report to Attorney General William Barr. Two days later,…
The Hidden Issue in Huawei’s Suit Against the United States
Huawei v. U.S. is more than simply a publicity stunt or moral appeal by the Chinese company — unfair legislative targeting is a claim that courts and commentators should take…
What to Do with Vetoed Bills
Applying a Youngstown canon to vetoed bills respects Congress’s clearly expressed position while also complying with the Constitution, as interpreted by the Supreme Court in…