constitutional law
68 Articles

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

Racial Justice Without Affirmative Action: Embracing International Law after SFFA v. Harvard
The Biden administration should finally acknowledge that progress on racial equity is legally – not just morally – required, and then it should creatively leverage its power…

John Roberts Takes Control on Voting Rights
Despite some positive developments, it is likely that ongoing and future civil-rights litigation will be contoured to satisfy, not an audience of nine, but a Chief Justice whose…

Missouri v. Biden Raises More First Amendment Questions Than It Answers
The interactions at the heart of Missouri v. Biden implicate many speech interests: those of the platforms, independent entities researching misinformation, the government, and…

The Just Security Podcast: Free Speech and Content Moderation in Missouri v. Biden
To unpack the initial decision in Missouri v. Biden, and what it means for the First Amendment, we have Knight Institute Fellow Mayze Teitler.

Restricting the Government from Speaking to Tech Companies Will Spread Disinformation and Harm Democracy
Invoking the First Amendment, a single district court judge effectively issued a prior restraint on large swaths of speech, cutting short an essential dialogue between the government…

The Road to Fairer Congressional Districts Might Start with the States
The route to less racially or politically gerrymandered congressional districts could pass through remapping state legislative districts.

Montana is Trying to Ban TikTok. What Does the First Amendment Have to Say?
The current debate's failure to engage a complex reality serves neither the interests of national security nor freedom of expression.

Fox News’ Recent Setback Against Dominion Is a Major Victory for the First Amendment
A jury finding Fox News liable for defamation would be both a fair outcome and a victory for democracy and the First Amendment.

Why the European Commission’s Proposal for Russian State Asset Seizure Should be Abandoned
Seizure of Russian assets poses risks to the possibility, legitimacy, and international acceptance of an ultimate post-conflict settlement.

Just Security Podcast: Promoting Diversity in the U.S. Military
To discuss the military’s efforts to increase diversity, and what it means for national security, we have Bishop Garrison and Heidi Urben.

A Presidential Appeal to the US and the EU for Bosnia’s Democratization
Željko Komšić, a member of Bosnia's presidency, calls for allies to press for an end to sectarianism rather than reinforcing it.