1st Amendment
195 Articles

The Acting DNI and the Intelligence Office Trump Wants
Bill Pulte’s appointment as Acting Director of National Intelligence suggests that ODNI may now be serving a more political function than advising the president.

How the Domestic Terrorist Label Endangers Rights and Drives Extremist Violence
Prepared congressional testimony for a Senate hearing that was postponed.

Bogus “Antifa” Designations and FBI Warrantless Access to Americans’ Communications
"Any expert of national security surveillance law following the government’s escalating actions on “antifa” can connect the dots to FISA electronic surveillance."

Claude and the Constitution: Questions Congress Should Ask Before Renewing Section 702
Experts share questions Congress, journalists, and the public should ask executive branch officials on surveillance authorities.

The War on Anthropic: Pretextual Designation and Unlawful Punishment
The Trump administration’s salvo against Anthropic is invalidated by statutory limits, First Amendment freedoms, and the Constitution’s absolute bar against bills of attainder

The Smearing of Alex Pretti and NSPM-7
"The smearing of Alex Pretti and Renee Good is not simply a rhetorical tactic. It is part of a larger operation."

The Assault on Law School Clinics is an Attack on Democracy Itself
Americans are witnessing a concerted effort to delegitimize legal defense for marginalized or politically disfavored people.

The (Flimsy) Legal Arguments Used to Justify Art Censorship
Liability fears are increasingly weaponized to justify removal of socially engaged art. Treating display as endorsement is legally wrong and culturally corrosive censorship.

Could Trump Use the Uniform Code of Military Justice to Stifle the Protected Speech of Military Retirees?
The concerns expressed about the possible application of UCMJ's Article 88 to the protected speech of retired military officers aren't theoretical.

The Military Parade and Protections of the First Amendment
The President’s invocation of purported authority to deploy the military in response to free speech raises alarming applications of untested laws meant only for emergencies.

Curating Cyberspace: Rights, Responsibilities, and Opportunities
To challenge authoritarianism, platforms should embrace a role that balances expressive rights and responsibilities in a pro-democratic way.

No, the President Cannot Enforce the Law-Firm Deals
"First, are these agreements legally enforceable? Second, if not, what principled reasons do the firms have for keeping their part of these bargains?"