Constitution
706 Articles

A Free Speech View on the “Free Speech” Executive Order
There’s a version of this executive order that might have given free-speech advocates hope that the incoming administration would investigate “jawboning”—government pressure…

President Trump’s Attempt to “Save” TikTok is a Power-Grab that Subverts Free Speech
"I remain convinced that the statute authorizing the ban is an ill-advised and unconstitutional law that does lasting damage to the First Amendment rights of millions of Americans…

The Just Security Podcast: The Supreme Court’s Decision on TikTok
Marty Lederman, Asha Rangappa, and Xiangnong (George) Wang discuss how the Supreme Court balanced free speech rights and national security concerns in the TikTok case.

How Not to Decide TikTok: U.S. press freedom hangs in the balance
"If the Court were to accept the Solicitor General’s rationale ... the government would be free to force the removal of owners of any media outlet whose fealty it did not trust."

Unpacking the Meta Announcement: The Future of the Information Ecosystem and Implications for Democracy
Meta's changes reflect the trend of deregulation, aligning with Zuckerberg's vision of prioritizing free expression over community safety.

National Security Resilience and Reform: Trump 2.0 and Beyond
Beginning a national security reform process is not just necessary, but urgently demanded to break inertia and launch a new dynamic.

Congress Must Heed Koh’s Call to Surface Secret Law
Ensuring that any secret law-making in the executive branch gets disinfecting sunlight is uniquely important because of its potential to give legal cover for overbroad, unaccountable,…

Treasury’s Reversal on Sanctions Authority Is a Victory for Free Speech
OFAC’s reversal is a victory for free speech that ensures Americans can continue to engage with people and ideas from around the world.

Deployment of the U.S. Military for Immigration Enforcement: A Primer
An expert explainer by leading expert on the domestic deployment of the U.S. military.

Birthright Citizenship and Undocumented Immigrants
"If the new administration goes through with this proposal whether by executive action or legislation, courts should and most likely would strike it down."

Journalist in Exile Laments Kyrgyzstan Crackdown, Now Extending to His 12-Year-Old Son
Bolot Temirov on the personal cost of the country's repression of media and civil society, as democracy gives way to authoritarianism.

Withdrawal from International Agreements: Toward a “Tailored Out”
The practical and political stakes of this admittedly esoteric question of constitutional law are high, implicating as it does the effectiveness of the United States’ engagement…