First Amendment

With Subpoena to a Photojournalist, Jan. 6 Committee Runs Needless Risks to Press Freedom

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Jan 10th, 2022

A Flaw in the Attorney General’s Policy Against Seizing Reporters’ Records

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Aug 11th, 2021

For Facebook’s Sake: Getting Conversant with Human Rights

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Jun 10th, 2021

A New Consensus Around Transparency and National Security Surveillance

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May 27th, 2021

How Voter Suppression Laws Impede Religious Liberty: The Next Frontier of Litigation

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May 12th, 2021

Facebook Oversight Board’s Decision on Trump Sets Up New Tests

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May 7th, 2021

Terrorism and Other Dangerous Online Content: Exporting the First Amendment?

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Mar 26th, 2021

The Biden Administration Should Drop the Assange Case

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Feb 8th, 2021

Incitement to Violence Ain’t Free Speech

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Jan 15th, 2021

Impeachment Defense, the Constitution, and Bill of Rights

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Jan 13th, 2021

Responding to the Capitol Attack: Accountability Without Overreaction

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Jan 12th, 2021

How a New Administration—and a New Congress—Can Fix Prepublication Review: A Roadmap for Reform

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Nov 24th, 2020

Good Governance Paper No. 5: Prepublication Review — How to Fix a Broken System

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Oct 19th, 2020

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful

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Oct 13th, 2020

The Verdict in the Khashoggi Murder Isn’t Final By Any Stretch

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Sep 21st, 2020

The Troubling Free Speech Implications of Trump’s TikTok/WeChat Sanctions

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Sep 8th, 2020

U.N. Human Rights Committee General Comment No. 37 on Freedom of Assembly: An Excellent and Timely Contribution

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Jul 30th, 2020

Interview with Christof Heyns: Major New UN Comment on Right of Peaceful Assembly

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Jul 29th, 2020

Politically Motivated Prosecutions Part II: Refuse, Report, Resign

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Jul 28th, 2020

Politically-Motivated Prosecutions Part I: Legal Obligations and Ethical Duties of Prosecutors

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Jul 27th, 2020

The President’s Private Army

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Jul 24th, 2020

Top Experts: DOJ’s Bureau of Prison Blocking Michael Cohen Book about Trump Violates First Amendment

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Jul 11th, 2020

Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book

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Jun 19th, 2020

Questions for the Government in the Bolton Book TRO Hearing(s)

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Jun 18th, 2020

Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]

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Jun 17th, 2020

What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?

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Jun 9th, 2020

Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?

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Apr 10th, 2020

Public Officials Can’t Block Critics from Official Social Media Accounts

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Mar 30th, 2020

An Ambitious Reading of Facebook’s Content Regulation White Paper

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Mar 9th, 2020

Revised Justice Department Policy Still Silences Immigration Judges

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Mar 5th, 2020

Recent North Korea Sanctions Arrest Raises Questions About Free Speech Rights

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Dec 11th, 2019

Social Media Vetting of Visa Applicants Violates the First Amendment

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Dec 6th, 2019