courts
747 Articles
Reply to Bauer and Goodman: No, the Government Doesn’t Decide What ‘Legitimate Press Functions’ Are First Amendment Worthy
Former Obama administration lawyers Bob Bauer and Ryan Goodman make a dangerous argument: that coordination with a political campaign is outside the “legitimate press function” and…
Why the First Amendment Does Not Protect Trump Campaign Collusion with Wikileaks and Russia
Despite the president’s signature hostility toward the press, the Trump campaign is strenuously trying to wrap itself and Wikileaks in the protective garb of the First Amendment…
Accountability Fatigue: A Human Rights Law Problem for Armed Forces?
Brigadier-General (ret.) Ken Watkin in conversation with General (ret.) David Petraeus' remarks about human rights law and military policies.
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
Immigrants’ First Amendment Rights at Stake as the Second Circuit Hears Ragbir Case
Are federal immigration officers free to retaliate against immigrant activists who exercise their First Amendment rights? That is the question the Second Circuit will confront…
Polish Government’s Power Trip Interrupted?
The European Court of Justice tells Poland's Law and Justice party: Follow European Union rules or leave.
U.S. Libel Case Over Russian Poisoning Takes Aim at Kremlin Propaganda
A lawsuit in U.S. District Court in Manhattan alleges defamation by two Kremlin-controlled television stations widely available in the United States concerning the infamous poisoning…
Conscientious Objectors and Whistleblowers: Sentencing Should Recognize First Amendment Interests
Whistleblower Terry James Albury, a former FBI agent in Minneapolis, will be sentenced for violations of the Espionage Act on Thursday, October 17, at 11:00 am Central Time. The…
Trump Gets “Presumption of Innocence” Wrong on Saudi Responsibility for Khashoggi Disappearance
President Donald Trump has weighed in several times in recent days on the disappearance of Jamal Khashoggi in ways that seem intended to minimize Saudi Arabia’s responsibility,…
On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts
A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…
What Facts Would Deny the Trump Campaign First Amendment Protections in Colluding with Russia
The leading First Amendment and media law expert Floyd Abrams discusses Russia collusion case.
New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden
The U.K. government trots out its new surveillance legislation as curing the ills identified by the European Court of Human Rights. That's not the case. The Court’s judgment…