Constitution
686 Articles
It Ain’t Easy Getting a FISA Warrant: I Was an FBI Agent and Should Know
In his latest round of twiplash, President Trump on Saturday leveled a very serious accusation: that President Obama had personally ordered the “tapping” of telephone lines…
What’s at Stake When Trump Discredits the Press
Donald Trump’s relentless media bashing has become one of the most persistent tropes of his cacophonous early time in office. He and his administration have called the press…
Why You Should Doubt Reports that the First Amendment Would Protect Gen. Flynn from Prosecution under the Logan Act
The Logan Act, a 1799 federal law that makes it a federal felony for a private person to engage in international diplomacy in a way that undermines U.S. foreign policy, has recently…
When Federal Courts Subtweet Sean Spicer…
On any other Monday, in any other year, it’s hard to imagine that today’s 19-page ruling by Judge Oetken in Nicholas v. City of New York would merit much attention.…
9 Top First Amendment Experts React to White House Press Briefing Ban on CNN, NYT, Others
On Friday, the White House barred specific news organizations from attending a press briefing by spokesman Sean Spicer. Among the organizations excluded from the question and answer…
Norms Watch: Tracking the Erosion of Democratic Traditions (Feb. 17-24)
Editor’s Note: 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…
Just Security Event: Surveillance and the Trump Administration
Join Just Security for a fireside chat on U.S. surveillance and a celebration of Jennifer Granick‘s new book, American Spies: Modern Surveillance, Why You Should Care, And What…
The U.S. Constitution and the Risk of Democratic Backsliding
Is there a real possibility of the erosion of democratic institutions toward authoritarianism in the United States? What can the experience of other countries tell us about how…
The CIA’s New Guidelines for Handling Americans’ Information
In acknowledgment of the mass scale of modern electronic intelligence collection, the Central Intelligence Agency today released newly updated guidelines governing how it treats…
Press Freedom and Africa’s Regional Courts: A Positive Model for Transparency and Accountability
The last part of 2016 has not brought much positive news on justice and accountability across Africa. No less that three States — Burundi, South Africa and Gambia — announced…
The Ninth Circuit’s Constitutional Detour in Mohamud
The Ninth Circuit’s decision in United States v. Mohamud continues a trend of disappointing decisions by lower courts on the constitutionality of FISA Section 702 surveillance.…
Keeping Track of Trump’s Conflicts of Interest [Updated Dec. 5]
Since the election, there has been a firehose of news: President-elect Donald Trump’s cabinet picks, rumors about Trump’s cabinet picks, a Neo-Nazi conference in Washington,…