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A man attends a protest rally organized by the Boycott, Divestment, Sanctions (BDS) movement on June 28, 2018 in font of Agora in Montpellier, southern France, against the performance of Israeli Batsheva Dance Company at the Montpellier Dance Festival.

Freedom of Expression and Political Controversy: The ECtHR’s BDS Judgment

In its June 11 Baldassi et al v. France judgment (French original not yet translated), the European Court of Human Rights (ECtHR) confirmed and reinforced the fundamental right…
Former National Security adviser John Bolton speaks on stage during a public discussion at Duke University in Durham, North Carolina on February 17, 2020.

Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book

Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction. 
National Security Advisor John Bolton and Donald Trump

Questions for the Government in the Bolton Book TRO Hearing(s)

Goldsmith and Lederman deliver up a series of questions that will expose the strengths and weaknesses of the government's claims.

Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]

An explainer about some common misconceptions, and how the litigation will likely play out.
A large number of police in riot gear including batons block protestors demonstrating against police brutality and the murder of George Floyd. Many protestors carry colorful umbrellas due to the bad weather. The umbrellas mostly obstruct the view of the front line of protestors but some police can be seen pushing protestors on the side.

What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?

Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
Trafficked children are arrested and sit on the floor of a detention facility in the Ivory Coast.

Trump Administration Reverses Position on Corporate Liability Under Alien Tort Statute

In a brief filed last week, the Trump administration reversed its position on corporate liability under the Alien Tort Statute (ATS), urging the Supreme Court to grant certiorari…
Turkish military tanks drive past the town of Ariha on the M4 highway in Syria's rebel-held northwestern Idlib province on May 7, 2020.

Turkey Opened the Door to the European Court of Human Rights for Syrian Victims

With Turkey's occupation of parts of northern Syria, a new venue may now be available to victims: the European Court of Human Rights.
Michael Flynn leaves the E. Barrett Prettyman U.S. Courthouse on June 24, 2019 in Washington, DC.

An Inquiry into DOJ’s Decision to Drop the Flynn Case Can’t Be Left to Judge Sullivan Alone

More than just wrong, interim U.S. Attorney Timothy Shea's filing of the motion also may have violated legal and DOJ ethics rules.
Michael Flynn leaves the Prettyman Federal Courthouse following a sentencing hearing in U.S. District Court December 18, 2018 in Washington, DC.

Why the Flynn Dismissal Deserves a Hard Look by the Court

The judge presiding over the Michael Flynn case is right to take a hard look at the Department of Justice’s eleventh-hour motion to dismiss the false statements charge to which…
A sign reading, "Office of Military Commissions Expeditionary Legal Complex Guantanamo Bay, Cuba" stands close to where pre-trial hearings are being held for the detainees at the military prison on June 25, 2013 in Guantanamo Bay, Cuba.

Getting It Wrong: The 9/11 Military Commission and the Justiciability of Armed Conflict

In an apparent effort to preserve its own jurisdiction while proceeding towards trial, the 9/11 military commission has made a hash of its armed conflict jurisprudence. It has…
Bilboard of Fox News Cast

Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?

There are reasons to be wary of lawsuits as a tactic for controlling the information that media outlets disseminate, even if it is to punish Fox News.
A cell phone shows tweets from Trump in response to an editorial in the New York Times. September 6, 2018

Public Officials Can’t Block Critics from Official Social Media Accounts

Last week, the U.S. Court of Appeals for the Second Circuit denied the Trump administration’s request for full court review of last year’s decision holding that the president…
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