freedom of speech
134 Articles

Ignore Trump’s Twitter Tantrum Executive Order and Address Disinformation Instead
The solution is not to give government or platforms more power to make opaque, arbitrary decisions on content, but to help users protect themselves.

Trump’s Executive Order Targets Twitter, Capitalizing on Right-Wing Grievance
Even if it doesn't lead to action, the threat of regulatory pressure aims to bully social media companies into continuing their hands-off approach to Trump.

Facebook’s Oversight Board: A Meaningful Turn Toward International Human Rights Standards?
That depends on how it will weigh Facebook’s community standards and values against global norms in its content-moderation decisions.

The Republic of Facebook
This board, for content moderation, may be part of the answer to problems of online speech and censorship. But U.N. Special Rapporteur David Kaye explains that it is only one part.

The Facebook Oversight Board: An Experiment in Self-Regulation
It's not a "Supreme Court," as Mark Zuckerberg suggested, but it might be the most interesting development in social media self-regulation in a decade.

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…

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…

John Bolton’s Silence — Here’s how he could lawfully break it
"If he wanted to, Bolton could this afternoon ..."

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…

Nuts and Bolts of the IG Report on Comey: Correcting Misconceptions
On the morning of Aug. 29, I finished up my lecture notes for my first day teaching a class called “Law of Secrecy.” I would touch on classification, leaking, prepublication…

New Resource Tool Sheds Light on Government’s Prepublication Review System
For more than three years, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University have been litigating a series of Freedom of Information…

The Government’s Own Documents Show that Prepublication Review is Broken
In First Amendment lawsuit, groups obtain thousands of documents (through Freedom of Information Act litigation) that raise concerns about how the government censors the writings…