1st Amendment
187 Articles
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…
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…
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…
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.
A Call to Former Intelligence Community Employees Who Are Subject to a Prepublication Review Requirement
Millions of former public servants who once had access to classified information—and many who didn’t—are subject to a requirement of prepublication review. They are generally…
How Trump’s Pressure on Google Threatens Government Manipulation of Search Results
Tech behemoths just can’t catch a break these days. Just as they are struggling to meet calls to contain the spread of misinformation and hate speech online, they are being bashed…
How the First Amendment Shield for Christopher Steele Can Protect Russians Too
The First Amendment ended a lawsuit against Christopher Steele over his Dossier--and could protect some Russian election meddlers too.
Brennan’s Due Process Case Against the White House
In an unprecedented move, the White House announced that President Donald Trump was revoking the security clearance of John Brennan, the CIA director in the Obama administration.…
Contrary to Popular Belief, the Court Did Not Hold that the Travel Ban is Lawful—Anything But
"Don’t believe the hype. In fact, not a single Justice on the Court decided—or even suggested—that the Proclamation’s exclusion of entry of nationals from five Muslim-majority…
The DNC Lawsuit and First Amendment Sensitivities
The First Amendment generally bars civil or criminal liability for publication of truthful material about a matter of public concern. That is true even in the case of stolen information.…
Comey’s Book and Prepublication Review
Tomorrow, Flatiron Books will publish former FBI Director Jim Comey’s book, a much-anticipated memoir in which Comey will reportedly share striking new details from his two decades…
Faith Based Leaders’ Letter to Trump: Anti-Muslim Tweets Threaten the First Amendment
Readers of Just Security may find of interest the letter that my colleagues and I at Georgetown Law’s Institute for Constitutional Advocacy and Protection sent today…