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Rohingya youth Mohammad Rafiq uses his mobile phone to take photos of a man by his shack at the Kutupalong refugee camp on July 23, 2019.

Social Media Vetting of Visa Applicants Violates the First Amendment

The Knight First Amendment Institute and the Brennan Center for Justice sued the US government to stop social media vetting of visa applicants.
Side by side photographs of Declan Walsh, Iyad El-Baghdadi, Jamal Khashoggi, and Omar Abdulaziz.

Duty to Warn: Has the Trump Administration Learned from the Khashoggi Failure?

This attitude shift alone, if it has indeed taken place, is commendable, but should not reduce scrutiny of what happened in the Declan Walsh case.
Former Federal Bureau of Investigation Director James Comey speaks to members of the media at the Rayburn House Office Building after testifying to the House Judiciary and Oversight and Government Reform committees on Capitol Hill December 07, 2018 in Washington, DC.

Nuts and Bolts of the IG Report on Comey: Correcting Misconceptions

On the morning of Aug. 29, I finished up my lecture notes for my first day teaching a class called “Law of Secrecy.” I would touch on classification, leaking, prepublication…
A chart with columns for the Department of Justice and the Central Intelligence Agency reads, “How long will it take?” DOJ: “Unclear, but a substantive response is required within 30 working days.” CIA: “As a general rule, 30 days. But lengthier, more complex submissions ‘may require a longer period of time for review.’” Question 2: “Is there a process for appealing censorship decisions?” DOJ: “Yes. Appeals are to the Deputy Attorney General, who will process appeals within 15 days.” CIA: “Yes. Appeals are to the Assistant Deputy Director.” Question 3: “Where do these rules come from?” DOJ: “28 C.F.R. 17.18” CIA: “CIA AR 13-10, Agency Prepublication Review of Certain Material Prepared for Public Dissemination (May 10, 2013); CIA Secrecy Agreement (Form 368).”

New Resource Tool Sheds Light on Government’s Prepublication Review System

For more than three years, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University have been litigating a series of Freedom of Information…
A visitor takes a selfie near a framed tweet by US President Donald Trump at "The Daily Show Presents: The Donald J. Trump Presidential Twitter Library" exhibition in Washington, DC on June 14, 2019. The tweet is from August 6, 2012 and reads, “An ‘extremely credible source’ called my office and told me that @BarackObama’s birth certificate is a fraud.”

The Distorter-in-Chief is Hosting a Summit on Distortion on Social Media

By pushing Russian-planted disinformation and indulging America’s own conspiracy theorists, Trump is doing the opposite of what he claims to be attempting with the White House…
The end of a section of the border wall stands on the U.S. side of the U.S.-Mexico border, with Tijuana in the background, on April 3, 2019 in Otay Mesa, California. U.S.

Journalist Watchlist Raises Specter of Civil Rights-Era Secret Surveillance

Throughout his campaign and now his presidency, historians have drawn parallels between President Trump’s treatment of the news media and the Nixon White House’s efforts to…
Papers with the words "Confidential" and "Secret" written across.

Balancing the Law and Reporting: Reflections on the Assange Indictment and What It Means for Journalists

The superseding indictment of Wikileaks founder Julian Assange has again sent First Amendment guardians to the ramparts, when what’s needed is a calm discussion of what threat…
Just Security

L’Affaire d’Assange: Why His Extradition May Be Blocked

The Department of Justice’s release of a superseding indictment accusing Julian Assange of numerous Espionage Act violations has stirred grave concern among defenders of a free…
Julian Assange leaves after speaking to the media from the balcony of the Embassy Of Ecuador on May 19, 2017 in London, England.

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…
Julian Assange is restrained by men and police.

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,…
New Zealand's Prime Minister Jacinda Ardern and French President Emmanuel Macron hold a press conference for the launch the global "Christchurch Call" initiative to tackle the spread of extremism online at the Elysee Palace in Paris on May 15, 2019.

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…
EU Commission President Jean-Claude Juncker, Britain's Prime Minister Theresa May, Norway's Prime Minister Erna Solberg, Senegal's President Macky Sall, New Zealand's Prime Minister Jacinda Ardern and French President Emmanuel Macron attend a launching ceremony for the 'Christchurch call', an initiative pushed by Ardern after a white supremacist gunned down 51 people in a massacre at two mosques in the New Zealand city in March, at the Elysee Palace in Paris, on May 15, 2019.

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…
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