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Trump and Barr speak without face masks East Room of the White House on July 22, 2020.

Politically-Motivated Prosecutions Part I: Legal Obligations and Ethical Duties of Prosecutors

AG Barr is poised to weaponize criminal prosecutions. In part one of a two-part series, former DOJ attorneys Kristy Parker and Erica Newland explain how politically motivated prosecutions…
Federal officers in full camo gear with gas masks and guns prepare to disperse the crowd of protestors outside the Multnomah County Justice Center on July 17, 2020 in Portland, Oregon.

The President’s Private Army

How did we get here? Goitein discusses legal and political obstacles that faced President Trump's resort to other federal forces, why DHS is now his weapon of choice, what it may…
A collage of Michael Cohen and Donald Trump

Top Experts: DOJ’s Bureau of Prison Blocking Michael Cohen Book about Trump Violates First Amendment

On Thursday morning, Michael Cohen, the president’s former lawyer and fixer, was returned to prison. Many readers like myself may have passed over the headlines for this particular…
Former National Security adviser John Bolton speaks on stage during a public discussion at Duke University in Durham, North Carolina on February 17, 2020.

Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book

Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction. 
National Security Advisor John Bolton and Donald Trump

Questions for the Government in the Bolton Book TRO Hearing(s)

Goldsmith and Lederman deliver up a series of questions that will expose the strengths and weaknesses of the government's claims.

Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]

An explainer about some common misconceptions, and how the litigation will likely play out.
A large number of police in riot gear including batons block protestors demonstrating against police brutality and the murder of George Floyd. Many protestors carry colorful umbrellas due to the bad weather. The umbrellas mostly obstruct the view of the front line of protestors but some police can be seen pushing protestors on the side.

What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?

Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
People demonstrate against President Richard Nixon and for the implementation of the impeachment proceedings, 30 January 1974 in Washington.

Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates

Earlier this month, my colleagues and I at the Knight First Amendment Institute at Columbia University secured the release of 96 previously withheld opinions authored by the Justice…
A redacted document with blurry text where there aren’t redactions.

A District Court Endorses a Broken Prepublication Review System

Last week, a district court in Maryland dismissed a constitutional challenge to the system of prior restraints that prohibits millions of former intelligence agency employees from…
Bilboard of Fox News Cast

Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?

There are reasons to be wary of lawsuits as a tactic for controlling the information that media outlets disseminate, even if it is to punish Fox News.
A cell phone shows tweets from Trump in response to an editorial in the New York Times. September 6, 2018

Public Officials Can’t Block Critics from Official Social Media Accounts

Last week, the U.S. Court of Appeals for the Second Circuit denied the Trump administration’s request for full court review of last year’s decision holding that the president…
A laptop screen shows the Facebook page for Facebook.

An Ambitious Reading of Facebook’s Content Regulation White Paper

How might we move toward accountability in the face of irreconcilable clashes between Rights-era and Public Health-era values, particularly given the serious practical and civil…
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