1st Amendment
195 Articles

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.

The Supreme Court Seemed to Punt on Social Media and the First Amendment. It Actually Protected Content Moderation.
The NetChoice ruling points to increased oversight by using narrow disclosure laws to shed light on how social media companies operate.

Unpacking the Supreme Court’s Punt on Alleged Government ‘Coercion’ of Social Media Companies: What Murthy v. Missouri Did and Did Not Say
What Murthy v. Missouri did and did not say.

The Assange Plea and Press Freedom
Assange's case will cast a long shadow over the most important kinds of journalism, not just in the United States but around the world.

Judge Sharply Questions Need for Backdoor Gag Order Against Trump in Classified Docs Case
Judge Aileen Cannon sharply questioned prosecutors about an indirect approach to restrict Donald Trump's comments on federal officials.