courts
742 Articles
When Constitutional Law and Government Hacking Collide: A Landmark U.K. Ruling Is Relevant on Both Sides of the Pond
The U.K. Supreme Court's landmark judgment in R (Privacy International) v Investigatory Powers Tribunal and others sets an important precedent for oversight of questions of law…
Journalist Watchlist Raises Specter of Civil Rights-Era Secret Surveillance
Throughout his campaign and now his presidency, historians have drawn parallels between President Trump’s treatment of the news media and the Nixon White House’s efforts to…
Balancing the Law and Reporting: Reflections on the Assange Indictment and What It Means for Journalists
The superseding indictment of Wikileaks founder Julian Assange has again sent First Amendment guardians to the ramparts, when what’s needed is a calm discussion of what threat…
L’Affaire d’Assange: Why His Extradition May Be Blocked
The Department of Justice’s release of a superseding indictment accusing Julian Assange of numerous Espionage Act violations has stirred grave concern among defenders of a free…
Assange May Have Committed a Crime, But the Espionage Act Is the Wrong Law to Prosecute
Is Wikileaks leader Julian Assange a journalist? If journalism is a profession, it is because, like other professions, it has standards and a code of ethics. As an example, a journalist…
Indictment of Assange for Espionage Directly Threatens Press Freedoms
This article is co-published with The Bulwark. Boy, did I ever get this wrong. Back in mid-April, when the Department of Justice unveiled an indictment of Julian Assange,…
Why the Christchurch Call to Remove Online Terror Content Triggers Free Speech Concerns
In deciding whether to endorse the Christchurch Call, the question for U.S. policymakers was whether the text essentially called on the U.S. or others to act inconsistently with…
Christchurch Calls and Washington Isn’t Answering
One of the more predictable diplomatic rituals since 9/11 has been that when terrorists strike a close American ally, Washington stands in solidarity with that country, offering…
For the Military Commissions, a Fork in the Road on Torture
“It’s time for everyone to admit that the Guantanamo military commissions have failed.” That’s what Steve Vladeck wrote last month in a characteristically excellent post discussing…
The September 11 Military Commissions Trudge On
Nearly two decades after the September 11 attacks, we are still waiting for justice to be administered to the majority of the Al Qaeda suspects being held at Guantanamo—including…
CBP’s New Social Media Surveillance: A Threat to Free Speech and Privacy
U.S. Customs and Border Protection's efforts to map out the networks and activities of American activists and journalists through link analysis and social media monitoring pose…
Al-Nashiri III: A No Good, Very Bad Day for U.S. Military Commissions
A stunning, unanimous opinion of the DC Court of Appeals throws out every single pretrial order issued over the past 3 1/2 years in case of Al-Nashiri. What this says about the…