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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…
Children from the Anapra area stand on one side of the border wall while group of religious presbyters lead a prayer on the other side of the boarder wall between Ciudad Juarez, Chihuahua state, Mexico and Sunland Park, New Mexico, US, on May 3, 2018.

Revised Justice Department Policy Still Silences Immigration Judges

Some of the sharpest critics of the Trump administration’s immigration policies are the former immigration judges who were once charged with enforcing them. But there’s a reason…
Trump and Bolton

John Bolton’s Silence — Here’s how he could lawfully break it

"If he wanted to, Bolton could this afternoon ..."
Bolton and Trump

Explainer: Prepublication Review and How it Applies to Bolton

An explainer of the key features of the prepublication review process and the significant discretion it gives the government to suppress protected speech—potentially including…
The Taedong river and city skyline of Pyongyang prior to the annual Pyongyang marathon on April 8, 2018.

Recent North Korea Sanctions Arrest Raises Questions About Free Speech Rights

Virgil Griffith, it’s safe to assume, did not have a happy Thanksgiving. On arriving at Los Angeles International Airport from abroad, he was arrested that day. An unsealed criminal…
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