1st Amendment
187 Articles

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…

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…

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…

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.

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.

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.

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 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…

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.

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…

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…