1st Amendment
187 Articles
Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man
In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance…
Why the First Amendment Constrains Trump’s Use of Twitter
President Donald Trump may be the first resident of the White House to be a prolific user of Twitter, but he probably won’t be the last. Indeed, government officials around…
President Trump’s Hostility to the News Media: Reckless driving or premeditated assault?
On Tuesday, the United Nations High Commissioner for Human Rights, Zeid Raad al-Hussein, held a press conference at his headquarters in Geneva, intending to focus on systematic…
The Constitutional Rubicon of an Assange Prosecution
If you were tuning in and out of FBI Director James Comey’s hearing before the House Intelligence Committee last Wednesday, you probably got an earful about Comey’s public…
Judge Keenan Identifies the Most Straightforward Reason Why the Entry Ban is Unlawful
Cross-posted on Take Care. In the Fourth Circuit oral argument yesterday in IRAP v. Trump, Judge Barbara Keenan put her finger on a simple, basic reason why Section 2(c) of…
…and the Ninth Circuit Weighs Back in on the Original Travel Ban…
Busy night. The Ninth Circuit has released an order denying en banc rehearing of the three-judge panel decision in Washington v. Trump from last month (which, readers may recall,…
Hawai’i District Court Grants TRO of the “New” Immigration Executive Order
The 43-page ruling is here. In a nutshell, the court held that, at least at the temporary restraining order stage, a balance of the relevant factors weighed in favor of the plaintiffs…
Just Security’s Coverage of Immigration and Refugee Executive Order
I. Latest Coverage 1. Explainers and Information on Revised Executive Order of March 6, 2017 Just Security, EXCLUSIVE: Trump Administration Fact Sheets on New Executive Order…
The “Travel Ban” Executive Order as Separation-of-Powers Test Case
The White House’s March 6 executive order “Protecting the Nation From Foreign Terrorist Entry Into The United States” (the March EO or the new EO) is a telling blend…
Does Trump’s New Travel Ban Violate the Establishment Clause?
President Trump has signed a new travel ban. In some respects, the new executive order on immigration looks like the old one, which was held to be unconstitutional. So does the…
Why You Should Doubt Reports that the First Amendment Would Protect Gen. Flynn from Prosecution under the Logan Act
The Logan Act, a 1799 federal law that makes it a federal felony for a private person to engage in international diplomacy in a way that undermines U.S. foreign policy, has recently…
“A First Amendment in the Digital Age”—Peter Zenger Lecture
I had the honor of delivering the inaugural Peter Zenger lecture at Columbia Journalism School last week. The lecture is named for a newspaper publisher who was tried for libel…