1st Amendment

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195 Articles
Bill Pulte, then Director of the Federal Housing Finance Agency, speaks to reporters outside the West Wing of the White House in Washington, DC, on January 9, 2026.

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.
The U.S. Capitol is seen after the House narrowly passed a bill forwarding President Donald Trump's agenda at the U.S. Capitol on May 22, 2025 in Washington, DC. (Photo by Kevin Dietsch/Getty Images)

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."
​Wide angle shot of a U.S. Capitol Police ​officer stand​ing in a ​dim hallway ​inside the U.S. Capitol​. A bright light illuminates the space from above.

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.
A figurine in front of the black and white logo of the U.S. artificial intelligence safety and research company Anthropic

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
Homeland Security Advisor Stephen Miller speaks to press about NSPM-7 on the presidential signing of the Memorandum

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."
Exterior of Northwestern University School of Law Levy Mayer Hall

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.
Statue Of Liberty

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.
Gavel on a table in front of a chair with a military uniform

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.
A U.S. Army reviewing stand continues to be built in front of the White House ahead of the Army's 250th birthday parade and celebration on June 11, 2025 in Washington, DC. Tanks and other heavy military equipment have arrived in the Nation's Capital for a military parade in honor of the U.S. Army's 250th anniversary, which coincides with President Donald Trump's birthday and Flag Day. (Photo by Andrew Harnik/Getty Images)

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.
Statue of Liberty holding torch with text bubbles instead of flame. Chatbot technologies in daily life, freedom of speech concept vector illustration. Vector illustration.

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.
The office of the law firm Perkins Coie is seen on April 10, 2025 in Washington, DC.

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?"
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