courts
798 Articles
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…
Assange Indictment Is Shot Across the Bow of Press Freedom
"The indictment seems to have been drafted not just to justify the prosecution of Assange but to tar legitimate journalistic activities by association with Assange’s alleged…
To Wrest Back Rule of Law in Poland, Might EU Bureaucracy Finally Work?
After years of flailing in efforts to curb Poland’s government from eviscerating the rule of law, an arcane element of the European Union structure might actually be working…
The Government’s Own Documents Show that Prepublication Review is Broken
In First Amendment lawsuit, groups obtain thousands of documents (through Freedom of Information Act litigation) that raise concerns about how the government censors the writings…
A Back Door to Controlling Judges: Poland’s Ruling Party Tries Another Ploy
Poland’s ruling Law and Justice Party has undertaken a systematic campaign for the past three years to control the Polish judiciary, culminating in recent, failed attempts to…