1st Amendment
187 Articles

The Biden Administration Should Drop the Assange Case
A coalition of press freedom, civil liberties, and human rights groups has formally asked the Justice Department to abandon its appeal and dismiss the underlying indictment of…

Incitement to Violence Ain’t Free Speech
The First Amendment protects abstract appeals for illegal actions. But there can and should be criminal liability for speech that incites the likely and imminent risk of violence.…

Impeachment Defense, the Constitution, and Bill of Rights
The question at the moment isn’t whether the president could be charged with incitement to violence in criminal court.

Responding to the Capitol Attack: Accountability Without Overreaction
There are many indisputable facts about last week’s violent and deadly incursion into the Capitol building. It is beyond debate that the fiasco included multiple criminal acts.…

How a New Administration—and a New Congress—Can Fix Prepublication Review: A Roadmap for Reform
The new administration, and the new Congress, should act more decisively to reform this broken system.

Good Governance Paper No. 5: Prepublication Review — How to Fix a Broken System
Fifth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful
Significant First Amendment concerns are raised by the administration's sanctions against the International Criminal Court and against those who support the ICC's work.

The Verdict in the Khashoggi Murder Isn’t Final By Any Stretch
The world must show MBS, Putin, the IRGC, and other would-be princely assassins the heavy price they will pay for murdering their citizens abroad.

The Troubling Free Speech Implications of Trump’s TikTok/WeChat Sanctions
When expressive activity is increasingly happening online, we should all be concerned about expansive presidential powers that can effectively shut down some of those avenues of…

U.N. Human Rights Committee General Comment No. 37 on Freedom of Assembly: An Excellent and Timely Contribution
General Comment No. 37 by the U.N. Human Rights Committee, the treaty body monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR), was released…

Interview with Christof Heyns: Major New UN Comment on Right of Peaceful Assembly
Podcast and transcript of interview with United Nations Human Rights Committee's Heyns. Topics include use of plain clothed law enforcement officers, teargas, and more.

Politically Motivated Prosecutions Part II: Refuse, Report, Resign
In Part II of this series, Kristy Parker and Erica Newland explain how DOJ's career prosecutors should respond when they become aware of, or are asked to participate in, politically…