1st Amendment
195 Articles
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…
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.