1st Amendment
187 Articles

A Step in the Right Direction for Prepublication Review
A recent clarification could help former government employees who once held security clearances publicly write and speak more freely.

A Free Speech View on the “Free Speech” Executive Order
There’s a version of this executive order that might have given free-speech advocates hope that the incoming administration would investigate “jawboning”—government pressure…

President Trump’s Attempt to “Save” TikTok is a Power-Grab that Subverts Free Speech
"I remain convinced that the statute authorizing the ban is an ill-advised and unconstitutional law that does lasting damage to the First Amendment rights of millions of Americans…

The Just Security Podcast: The Supreme Court’s Decision on TikTok
Marty Lederman, Asha Rangappa, and Xiangnong (George) Wang discuss how the Supreme Court balanced free speech rights and national security concerns in the TikTok case.

How Not to Decide TikTok: U.S. press freedom hangs in the balance
"If the Court were to accept the Solicitor General’s rationale ... the government would be free to force the removal of owners of any media outlet whose fealty it did not trust."

Treasury’s Reversal on Sanctions Authority Is a Victory for Free Speech
OFAC’s reversal is a victory for free speech that ensures Americans can continue to engage with people and ideas from around the world.

Rising Authoritarianism and Plutocracy Are a Dangerous Mix for Press Freedom
U.S. democracy appears so strong as to be unbreakable. But the billionaire class is its weakest point: small, concentrated, and all too often uninterested in following the rules…

The New Intelligence Community Directive on Prepublication Review: Important Reforms and Critical Omissions
The ODNI's prepublication review directive improves several important aspects of the system, but fails to make certain critical changes.

History Has Already Discredited the TikTok Ban
The TikTok ban is a reincarnation of past reactionary efforts to limit Americans from accessing media from abroad.

The Growing Threat of State Domestic Terrorism Laws to the First Amendment
Since political violence is already criminalized under other state and federal laws, state domestic terrorism laws are arguably unnecessary. These laws create serious, and often…

The ODNI’s New and Disappointing Prepublication Review Process
Intelligence Community Directive 711 contains modest improvements, but is a missed opportunity provide uniform standards across agencies.

Dept of Justice Promises to Declassify Standard Operating Procedure for Coordinating with Social Media Platforms
Department of Justice set to release declassified Standard Operating Procedure for coordinating with social media platforms on foreign malign influence and First Amendment.