constitutional law
68 Articles

Divided Supreme Court Hands Trump Broad Immunity for Prosecution for Official Acts
The Court set forth a legal framework for the criminal justice system to respond to a president committing federal crimes while in office.

7 Expert Takeaways As the Supreme Court Considers Government Influence on Content Moderation
NYU School of Law hosted a panel of experts with experience in government, private platforms, and free speech advocacy to discuss Murthy.

Video: Social Media, Government Jawboning, and the First Amendment at the Supreme Court
A video of expert panel discussion on Supreme Court case of Murthy v. Missouri, which poses several questions that defy easy answer, driving at the heart of how we wish to regulate…

The Just Security Podcast: Social Media, Government Jawboning, and the First Amendment at the Supreme Court
Murthy v. Missouri poses several questions that defy easy answer, driving at the heart of how we wish to regulate the modern public square.

Amid Courts’ Role in US Democracy Struggle, Look to Lessons from Abroad
Countries that maintained their democracies have had courts that rose to the occasion to safeguard a country’s constitution or rule of law.

The Biden Administration Must Use Civil Rights Enforcement to Push Back Against Texas’s Racist Invocation of Invasion
Texas Governor Greg Abbott's invocation of "invasion" is based in the white supremacist "great replacement" conspiracy theory.

Immigration Is Not an “Invasion” under the Constitution
The claim that a large increase in the number of migrants gaining entry at the southern border is an “invasion” is constitutional nonsense.

Congress Can Curb Abuse of the Presidential Pardon Power
Congress can impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.

Two Supreme Court Cases Could Shape the Future of AI and Content Moderation
The Supreme Court’s decision in the social media cases will shape the kinds of arguments that labs can make against AI regulations.

The Biden Impeachment Inquiry: A Heedless Descent into Constitutional Anarchy
House Republicans are embracing a world where every presidency and every congress is consumed by impeachment.

Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)
Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

The Just Security Podcast: A Fourth Amendment Privacy Paradox
The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government’s request for information that might…