1st Amendment
195 Articles
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…
Looking Back on the Pentagon Papers Decision
In a hallway of The New York Times offices, there is a framed copy of the Telex traffic between the Justice Department and The Times from June 1971 when the government demanded…
Disappointing DOD Inspector General Report on Pre-Publication Review
Editor’s note: This post also appears on Lawfare. Earlier this year, we wrote about the US Government’s broken pre-publication review process (see here, here, here, here, and…
Important First Step by HPSCI on Pre-Publication Review Reform
Editor’s note: This post also appears on Lawfare. We are happy to learn, via Secrecy News, that the House Permanent Select Committee on Intelligence (HPSCI) has weighed in constructively…
A New Lawsuit from Microsoft: No More Gag Orders!
Microsoft is once again making headlines via litigation over government’s use of the Stored Communications Act. For the past two years, it was Microsoft’s lawsuit challenging…