1st Amendment
195 Articles
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…
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.…