1st Amendment
187 Articles
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.
Talking to “the Enemy” Shouldn’t be Illegal
Litigants explain their suit challenging U.S. Treasury Department’s OFAC (Office of Foreign Assets Control) decision to prohibit organization’s providing “a platform” for…
The Supreme Court Cannot Ignore the National Security Implications of the So-Called ‘Jawboning’ Case
Former senior DOJ official Mary McCord writes about "the necessity for government officials to be able to communicate freely with social media companies about the abuses of their…
A Conspiracy Theory Goes to the Supreme Court: How Did Murthy v Missouri Get This Far?
Murthy v Missouri may become a landmark case in which the justices are led astray on the basis of a disinformation-laden record.
7 Expert Takeaways As the Supreme Court Considers Government Influence on Content Moderation
NYU School of Law hosted a panel of experts with experience in government, private platforms, and free speech advocacy to discuss Murthy.
Video: Social Media, Government Jawboning, and the First Amendment at the Supreme Court
A video of expert panel discussion on Supreme Court case of Murthy v. Missouri, which poses several questions that defy easy answer, driving at the heart of how we wish to regulate…
The Just Security Podcast: Social Media, Government Jawboning, and the First Amendment at the Supreme Court
Murthy v. Missouri poses several questions that defy easy answer, driving at the heart of how we wish to regulate the modern public square.
Recent NDAA Reforms Not Likely to Fix Key DHS Intelligence Abuses
Congress must do more to regulate the Department of Homeland Security's Office of Intelligence and Analysis.
In Viral Video Cases, Does Hate Make the Crime?
Within the context of a law enforcement investigation, if a defendant’s contemporaneous hate speech is the cart, then a suspected crime is the horse. You need both to make a…