1st Amendment

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198 Articles
Insurgents on January 6, 2021 push against police forces. One insurgent seems to have a riot shield, while the police officer does not.

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.…
The dome of the US Capitol Building against a blue sky.

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.
US National Guard soldiers guard the grounds of the US Capitol from across a security fence in Washington, DC, on January 9, 2021.

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.…
Redacted text on a sheet of paper.

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.
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

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 and Pompeo

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.
Protesters demonstrate against the war in Yemen and the killing of journalist Jamal Khashoggi outside the Saudi Arabian embassy on October 25, 2018 in London, England. A sign reads, "Justice for Jamal."

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 TikTok app showed on an Apple iPhone.

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…
Mothers form the front line of a protest march toward Mark O. Hatfield U.S. Courthouse on July 20, 2020 in Portland, Oregon.

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…
Cristof Heyns

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.
Trump and Barr

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…
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…
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