1st Amendment
187 Articles

Montana is Trying to Ban TikTok. What Does the First Amendment Have to Say?
The current debate's failure to engage a complex reality serves neither the interests of national security nor freedom of expression.

Fox News’ Recent Setback Against Dominion Is a Major Victory for the First Amendment
A jury finding Fox News liable for defamation would be both a fair outcome and a victory for democracy and the First Amendment.

Two Supreme Court Cases Could “Break the Internet”: What Role Should Free Speech Play?
Instead of demonstrating eagerness to reconsider Section 230, the Justices appeared unsure about how exactly the law should be interpreted.

Speech or Debate Immunity Will Not Protect Scott Perry’s Phone
On Thursday, the DC Circuit Court of Appeals held a hearing on whether Rep. Scott Perry (R-Penn.) is protected by the Speech or Debate Clause from the Jan. 6 criminal investigation....

The Limited Scope of Vice President Pence’s Speech or Debate Clause Immunity
Pence's protection under the Speech and Debate Clause won't protect him from a subpoena to testify before the Special Counsel's grand jury.

The Just Security Podcast: How Should the Press Cover Democracy?
To discuss how the press can better report on diverse communities and cooperate globally we have Erin Carroll and Rebecca Hamilton.

New DOJ Regulations Are a Victory for Press Freedom, But More Work Remains
"For the most part, journalists will be able to do their job – central to the functioning of democracy – without fear that the government will have access to their records.…

Canvassing Deserts: When Obstacles to Reaching Urban Voters Become Voter Suppression
Political canvassers operate at the grassroots of participatory democracy. They are coming in droves this election cycle, flocking to homes in swing districts. Their door-knocking…

The News Media’s “Democracy Beats” Won’t Beat Back Autocracy
To protect democracy, the press must do more than punish stories. It needs to collaborate, support unions, litigate, and improve diversity.

8 Top Experts on Strength of Dominion Suing Trump for Defamation, If It Wants To
"Almost every expert said a defamation suit brought by Dominion against Trump would be very strong."

Protecting the Freedom of Peaceful Assembly After Bruen: A Roadmap for State Lawmakers
Presence of firearms at "sensitive places" may implicate First Amendment rights of peaceful protesters, the fundamental right to vote, and the safety of lawmakers carrying out…

Supreme Court Should Address Prior Restraints on Former Gov’t Employees
U.S. intelligence agencies prohibit millions of former public servants from speaking or writing about government policy without first obtaining the government’s approval - based…