1st Amendment
187 Articles
Reclaim the First Amendment — Harvard Law Review Address
Remarks from Jameel Jaffer, Just Security Executive Editor and Executive Director of the Knight First Amendment Institute at Columbia University.
Moves To Ban Kremlin Propaganda Outlets Evoke WWII Anti-Nazi Efforts
Cross-published with Tech Policy Press Since Russia launched its invasion of Ukraine on Feb. 24, moves by governments and private companies to limit or ban Russian state…
How the U.S. Government Built the Largest System of Prior Restraint in U.S. History
Prepublication review has ballooned since 1980 Supreme Court decision in Snepp v. U.S.
Prepublication Review and the Quicksand Foundation of Snepp
A massive system of prior restraint hangs on an irregular Supreme Court footnote.
2022 Update: Good Governance Paper No. 5: Prepublication Review – How to Fix a Broken System
At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
With Subpoena to a Photojournalist, Jan. 6 Committee Runs Needless Risks to Press Freedom
Alongside the predictable lineup of plaintiffs seeking to block the committee’s subpoenas of their phone records—Michael Flynn, Mark Meadows, and others—one stands out. A…
A Flaw in the Attorney General’s Policy Against Seizing Reporters’ Records
The new Guidelines hamstring prosecutors’ ability to counter the worst espionage, writes George Croner.
For Facebook’s Sake: Getting Conversant with Human Rights
The Facebook Oversight Board decision on former President Trump has helped bring into sharper focus what international law scholars and lawyers have long understood: international…
A New Consensus Around Transparency and National Security Surveillance
Civil libertarian arguments that were dismissed a decade ago are now broadly accepted, even at the highest levels of the intelligence community.
How Voter Suppression Laws Impede Religious Liberty: The Next Frontier of Litigation
New restrictive election laws have targeted more than the right to vote - they also implicate religious liberty.
Facebook Oversight Board’s Decision on Trump Sets Up New Tests
The board made critical recommendations: that Facebook reckon with its own role in amplifying content and overhaul its approach to high-reach accounts.
Terrorism and Other Dangerous Online Content: Exporting the First Amendment?
The First Amendment is no cause for the United States holding back from international multi-stakeholder efforts to address the spread of dangerous online content. Christchurch…