courts
797 Articles

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.

Spyware Company NSO Group Faces Setbacks in Attempts to Avoid US Lawsuits
In a case brought by WhatsApp, a US court ruled that the NSO Group was liable for hacking and breach of contract.

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."

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.

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.

Hungary v. Simon Offers Supreme Court Stark Choice
Hungary v. Simon, argued Tuesday at the US Supreme Court, has significant implications for the Foreign Sovereign Immunities Act's expropriation exception.

Trump’s Legal Battles Over Jan. 6 Are Still Alive and Relevant
A breakdown of the civil cases that will still proceed against President Trump, with new rounds of briefs due on Weds.

Abu Ghraib Torture Survivors’ Landmark Win Gives Hope for Alien Tort Statute Cases
The Al Shirmari verdict may help other plaintiffs chart a path to navigate the Supreme Court’s constraints on Alien Tort Statute cases.

How Much (or How Little) Does the Biden Administration Want Justice in the 9/11 Case?
Secretary of Defense Austin's actions to reverse a plea deal for three defendants at Guantanamo may further jeopardize the prosecution's case.

Equal Access to the Supreme Court for Servicemembers: The Missing Pieces
What Congress can do to complete the job of putting military and civilian cases on an equal footing in accessing the Supreme Court.

As Ukraine Struggles for Troops, Its Constitutional Court Considers the Rights of Conscientious Objectors
A court case shows the complexity of weighing a constitutional guarantee against the obligation to protect the State in war.